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HomeMy WebLinkAboutBNB Engineering, Inc - 1996-05-20�I HUNnNGTON BEACH CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION I TO: FROM: THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAVMtENT CC DATE: _�o t) ":�_I q(" The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. _tr�7_DAN T. 0LLELLA, Director of Finance I certify that no stop notices are on file on the subject at s time. Date: LES JOKE blic Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: %`zf92�; (:Z�o CONNIE BROCKWAY, City Jerk I certify that there are no outstanding invoices on file. Date: SHARI FRIEDENRICH, City Treasurer 0011042.01 07/18/96 10:46 AM • • I have received Warranty Bond No. CB3219 for BNB Engineering, Inc.. Re: Halifax Storm Drain Improvements; CC-889, RCA attached with Council action of 10/07/96. Dated: By' 0 CBIC CONTRACTORS BONDING AND INSURANCE COMPANY Bona No.: CB321 Premium: WARRANTY BOND KNOW ALL BY THESE PRESENTS: That we BNB ENGINEERING. INC. , as Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Washington, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH , as Obligee, in the sum of TWO HUNDRED EIGHTY-EIGHT THOUSAND SEVEN HUNDRED EIGHTY-NINE AND NO/I40T_H�--------------------------- --------------- --- Dollars ($ 288.789,00) for the payment of which, well and truly to be made, the executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Obligee has awarded to principal a contract for the work described as: HALIFAX DRIVE STORM DRAIN FROM EDWARDS STREET TO VICTORIA LANE (CC-889) WHEREAS, said Contractor is required to furnish a bond in connection with said contract guaranteeing the maintenance thereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall maintain and remedy said work free from defects in materials and workmanship for a period of one year following completion, then this obligation shall be void; otherwise it shall remain in full force and effect. SIGNED, SEALED AND DATED this 14TH day of OCTOBER, 1996. Principal BNB ENGINEERING. INC, : �► CONTRACTORS BONDING AND INSURANCE COMPANY By: -- Dale G. Harshaw, Attorney -In -Fact n U • U State of California ) County of San Diego-) On October 14, 1996 before me, Kimberly A Griffitts, Notary Public, personally appeared Dale G. Harshaw, 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(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal J KIMBERLY A. GRIFFITTS COMM. #1106333 A NOTARY PUBLIC-CALIFORNIA vs uvf •i SAN DIEGO COUNTY = c� My Commission Expires JULY 18, 2000 • • • CMMACTOFM ": 'Cl115 LIAtl76p.1 VEllA FY T Mt P; Penal Sum 3 •� :. clmuad.Pnr<�. ai i . .;ApArovediy'- INil Altorne No CA 2 6 6 Power No G 1 2 -�---I Q Del&Approved. Blair.' tSrarerrxA �riis ER, iNGA INC4. t v:G:`: ra:i N1crt : vnn ctt.; i. n-v.tv .: r4unr • . T!r TD7FIE AlWDUNT: SET fOFITM [pF 6E$710NS;k9bUr.Op.WM#;to`'; CALIfORNll1 1 770-gj93:. Bond:Alo .3 i 9 B KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE Cl iix joy "raj;.Q qqd exiting under M laws 1% S I* ¢ Id�rebn, aAd kavin fi its Principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint llll k, L lx f{ f{ !( ({ 1� of ({ N U j t; b (J 1, f� it's his and lawful attorroyirrlaet, with full pow and authority herety cedwrsd in is name, place and stood, to a.ais, acknowledge and deliver the bond(.) described above; and to bird the Company, thereby as fully and to Ito same extent as if each such bend Wes signed by the President, seated with the corporate seed of the Cooped duly aaeatodby its Secretary; hereby ratifying and confirming all that the said ottam e in the promises. Said appointrrrenl is made under and by authority of the following resolutions adopted by the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY an 4 RE90W110 that the President is authorized to appoint as atfomoyin-fect of the Campo rP A L E Cif . H A R S H A W with Pow and authority to sign on behalf of the Company those surety bonds which may from time to Hero be approved by Wm. Bleirli lxeg, in such penal sums and according to such conditions as may be approved by Wm. SlairMoixaf. RESOLVED FURTHER that each Power of Attorney must set forth the spook description of the bond to which it applies, the name of the principal, the name of the obliges, the penal alum, the bond number (except for a bid bond where there Is no number), the Identifying number of the afornoy.in-fact, the idenNying number of the Power of Altal and the name and signature of Wm. BlsirMsixell; and may sst forth the description and amount of additional reinsurance or collateral, if eery. RESOLVED FURTHER that Wril Bleirlil ll is authorized to establish a specific expiration date forth* Power of Attorney and to modify that date from time to time es Wm. BleirMaixall dooms nsceasary in his then sole discretion; the applicable expiration dab to be cloorly set forth in any written Power of Atlonwy. RESOLVED FURTHER that, except as otherwise provided in the Irtrmedotely succeeding resolution, under no circumstalnees shall: (a) the contract amount for any bid, paymen% performance, or combination poyrtmnt and performance bond (s, a performance and payment obligation in one bond form) oxceed f1,2%= lithe bond is guaranteed by tho Small Busiroes Administration; (b) the penal sum of any bond not guaranteed by tho Small Business Administration (al than a bid bond which is further restricted by douse (c)) exceed ADKOOD; and (c) a bid band which is not guaranteed by the Small Business Administration be executed for a job whore, g the contract la awarded, the bond penalty on any performance bond, payment bond, or combination performance end payment bond (.e, a performance and payment obligation in are bond form) to be executed pursuant to the bid bond is to exceed 53,000,000. RESOLVED FURTHER that the above named Attomeyirr•fad is granted power end authority to exceed the applicable penal limits not forth in the immediately preceding resolution for any bond in an amount equal to the amount of eery additional reinsurance or of any cesh, loner of cndf or other security mcaFvsd as collateral security by the Company as Inducement to Issue the bond, so long as the description and amount of additional reinsurance or collateral are set forth in the Power of Attorney. RESOLVED FURTHER that the authority of thoSecretary of the Company to certify the authenticity and effectiveness of the foregoing resolutions in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed bythe $watery of the Company: Wm. fill MelxalL RESOLVED FU RTH ER the t the signatures (including certification that the Power ofAttorney is still in force and effect) of Wm. Ella irM sixel 1, and Notary Pulot ic,and the corporate end Notary seals appoering on any Um Red Power of Afomoy containing this and the foregoing tosolut ion a as well as the Limited Power of Attorney ila*II as wall as its henomiseion, may ba byfecaimiIs; and such Limited Power of Atiomey shall be doomed an original in ell aspects RESOLVED FURTHERthat all resolutions adopted prior to today appointing the above named as arorrreyln•tact for the Company are hereby superseded. IN WITNE88 W�t QFY?YrRACTORS BONDING AND INSURANCE COMPANY Eras mused these press rrb to be signed by Wrr BleirMehaell, and he corporate seed to be affixed hereto axed �� r By: Win. a< — STATE OF CALIFORNIA — COUNTY OF ORANGE CONTRACTORS 17 r G AND -'." ytn k': pgPOR�l.'PLy�4 SEAL h; • 197 G• O�a�' 'rgSHIN AND INSURANCE COMPANY On b / 1 5 / 9 4 , before me, Yolanda Z. Vega, a Notary Public in and for the State of California, County of Orange, personally appeared Wm. Blelr MISIxell personally known to me to be the person whose name Is subscribed to the within Limited Power of Attomey and acknowledged to me that he executed the same in his authorized capedtles and that by his signature on the Limited Power of Attorney CBIC executed the Limited Power of Attorney. IN WITNESS WHEREOF, I have her 99A= han an a lxe my 219:1 a day and year first above written. YOLANDAZ. VEGA COMM. ♦ 1010616 Notary Public — CogforNa ORANGE COUNTY My Comm. EN*ce DEC 2, 1907 Note lie In and fort of IHomle, ding at Irvine The undersigned, acting under authority of the Board o} Directors of CONTRACTOR DING AND IN CE COMPANY, hereby certifies, es or In Ilsu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY At the above aSTiligoing Is a full, true and correct copy of the Original Power of Attorrmy issued by said Company, and does hereby further certify that the s Power of Attorney is still in force and effect. GIVEN under my hotted ��g 411 .11-1 JA4L! n C� this 14 clay of 0 C T 19_ 96 All-B1(091996) City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-889JHALIFX STORM DRAIN IMPROVEMENT Project No. " `title - hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing Nvork under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. STEVE BIEBER, PRESIDENT g:Wcashconl DECLARATION OF SATISFACTION OF CLAIMS I, BNB ENGINEERING.INC. , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled HAI T FAX STORM DRAI N, IMPROVEMENTS CC-889 and dated 5 - 21- 96 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") NONE I declare under penalty of perjury that the foregoing is true and correct. Executed at SANTA ANA, CA on this 23 st day of Or�ER , 19A. STEVE BIEBER, PRESIDENT g:cc\cashcon2 • Recorded in the COW of Orange, California Gary L. Granville, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Clerk/Recorder Na Fee WHEN RECORDED MAIL TO: 19960532783 1: 33pm 4/21 /96 CITY OF HUNTINGTON BEACH 005 20006625 20 16 Office of the City Clerk N12 1 7.00 0.00 0.00 0.00 0.00 0.00 P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington -Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to BNB Engineering, Incorporated who was the company thereon for doing the. following work to -wit: Halifax Storm Drain Improvements; CC-889 That said work was completed October 7,1996 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, October 7, 1996. t n That upon said contract Contractors Bonding and Insurance Company was surety for the bond given by,�� the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 9th day of October, 1996.. City Clerk and ex-ofcio Clery of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 9th day of October 1996 City Clerk and ex-officio Cler of the City Council of the City of Huntington Beach, California - g\folloNiupnscplgs L, a CITY OF HUNTINGTON BEACH L'a" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK to October 9, 1996 Gary L. Granville, County Clerk -Recorder s P. 0. Box 238 Santa Ana, CA 92702 s Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, i lot Connie Brockway City Clerk CB:cc Enclosures i gAca\nscplltr W nscplltrVialifax\BNB, Eng:jc (Telephone: 714-536-5227) '' 44 Council/Agency Meeting Held: !0 4 Deferred/Continued to: ®AApproved ❑ Conditionally Approved ❑ Denied City Clerk's Sig ture Council Meeting Date: October 7, 1996 Department ID Number: PW 96-064 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrate ( �_ PREPARED B /f M. JONES II, Director of Public Works SUBJECT: Halifax Storm Drain Improvements; CC-889, Notice of Completion Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Statement of Issue: BNB Engineering. Inc. has completed its contract for the construction of the Halifax Storm Drain Improvements. Funding Source: Sufficient Storm Drain Funds and Funds in Account No. E-SM-PC-889-6-75-00 were authorized for this project. Recommended Action: 1. Accept the improvements of the Halifax Storm Drain Project at a final cost of $288,789 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. 96,Nd01Z 9lds 'J11V3'Hjb32 ND19HIlN(1H l�—� 30 A110 NU310 A11J 03AI333H+ SUEST FOR COUNCIL ACTIN MEETING DATE: October 7, 1996 Analysis: DEPARTMENT ID NUMBER: PW 96-064 On May 20, 1996 Council awarded a contract to BNB Engineering, Inc. in the amount of $270,771. The adopted contract budget also included $27,077 to cover anticipated change orders and $10,000 for Supplemental Expenses, for a total of $307,848 to construct Halifax Storm Drain improvements. Construction of the improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of the project costs: 1. Contract Amount: 2. Change orders: Subtotal 3. Supplemental Expenses: Total Council Approved $270, 771 27,077 $297, 848 10,000 $307, 848 Actual Expenditures $275, 889 12,900 $288, 789 2,404* $291,193 One change order was issued to repair deteriorated asphalt and reconstruct a water pump - out. * Estimated. Environmental Status: Not applicable. Attachment(s): List attachment(s) below. None Description LMJ:ERC:sar 0020969.01 -2- 09/16/96 2:27 PM qTy OF HUNTINGTON BEACP MEETING DATE: 5-20-96 DEPARTMENT ID NUMBER: PW 96-024 Council/Agency Meeting Held: 5 ao Deferred/Continued to: "Proved ❑ Conditionally Approved ❑ Denied City Clerk's Sign tune Council Meeting Date: 5-20-96 Department ID Number: PW 96-024 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr PREPARED BY: LE M. JONES II, Director of Public Works�c. SUBJECT: Halifax Drive Storm Drain; CC-889 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Statement of Issue: On February 5, 1996, City Council authorized the "Call for Bids" for construction of the Halifax Drive Storm Drain; CC-889. Fundinq Source: Funds are available in the following expenditure accounts and the unreserved, undesignated Storm Drain Fund: $199,975.00 Halifax Drive storm drain account no. E-SM-PC-889-6-75-00 45,000.00 Drainage fund account no. G-ST-3-01-00 62,873.00 Unreserved, undesignated storm drain fund account no. G-SM-3-01-01 $307, 848.00 TOTAL Recommended Action: 1. Accept the low bid and award the contract to BnB Engineering, Inc., 2602 S. Halladay Street, Santa Ana, CA 92705, And, 2. Authorize staff to appropriate $62,873 from the unreserved, undesignated storm drain Z\ fund balance to cover a portion of the construction cost and supplemental expenses, And, 0018205.01 -2- 05/06/96 12:47 PM RLRUEST FOR COUNCIL ACTI91 MEETING DATE: 5-20-96 DEPARTMENT ID NUMBER: PW 96-024 3. Authorize staff to appropriate $45,000 from drainage fund account no. G-ST-3-01-00 to cover a portion of the construction cost and supplemental expenses, And, 4. Authorize the Director of Public Works to expend $307,848 to cover contract cost of $270,771, estimated construction change orders of $27,077 and anticipated supplemental expenses of $10,000. Alternative Action(s): Reject all bids and direct staff to re -advertise or abandon the project. Analysis: The area around the former Gill School site experiences severe flooding even in a modest rain storm. This project consists of constructing approximately 1,500 lineal feet of reinforced concrete storm drain pipe and installation of six catch basins from Edwards Street along Halifax Drive, up to the former school site. This system was proposed by the current Master Plan of Drainage and confirmed by a hydrology study prepared by staff. The construction of this system at this time is a result from a Condition of Approval placed upon Tract number 14990 (former Gill School site). The developer was conditioned to design the storm drain as part of his tract improvement plans in addition to payment of drainage fees. The City is to construct the storm drain using accumulated Drainage fees including those paid by the developer. Staff has completed its reference check for BnB Engineering and has received favorable results from the clients that BnB has worked for in the past. One of the companies that BnB has worked for is New Urban West, Inc. which has completed several developments within the City. Our own Public Works inspectors give them a good rating on past storm drain work within the City. SUMMARY: On February 5, 1996, the City Council authorized the call for bids for the project. Bids were received on April 9, 1996, and are summarized below in order of increasing bid amounts: Bidding Contractor Bid Amount 1. BnB Engineering $270,771.00 2. Buso Constructors $295,353.00 3. R.F. Paulos $295,590.50 4. S.J. Burkhardt $298,555.00 5. Clarke Contracting $323,401.60 6. John T. Malloy, Inc. $338,089.00 7. Atlas -Allied, Inc. $342,093.15 8. Radich Construction $353,000.00 0018205.01 -3- 05/06/96 12:47 PM SUEST FOR COUNCIL ACTIU9 MEETING DATE: 5-20-96 DEPARTMENT ID NUMBER: PW 96-024 Bidding Contractor Bid Amount 9. T.A. Rivard, Inc. $363,688.00 10. Los Angeles Engineering $367,713.00 11. Leatherwood Construction $376,571.00 12. Perry C. Thomas $382,700.00 13. Highland Engineering $405,110.00 14. Savala Construction $418,445.25 Staff has reviewed the bids and recommends the acceptance of BnB Engineering. The engineer's estimate for this project was $280,000, which is 3.41 % above the low bid by BnB Engineering. Following is a summary of requested expenditure authorization: Contract Amount Anticipated Change Orders ** Supplemental Expenses NOTES: $270, 771.00 27,077.00 10,000.00 Total $307,848.00 Standard 10% administrative Change Order limit per City Council Resolution Number 4896. Examples of possible change orders include changes in field conditions, unavailable materials, errors in the plans or changed City requirements. ** Soil testing, reprographics, etc. Environmental Status: Negative Declaration No. 95-9 was approved by the City's Zoning Administrator on November 8. 1995. 1. FIS 2. City Funded Construction Contract 3. Location Map 0018205.01 -4- 05/02/96 8:11 AM F . B CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Michael T. Uberuaga, City Administrator From: Robert J. Franz, Deputy City Administrator Subject: FIS 96-42 Request for Halifax Storm Drain Date: April 24, 1996 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $62,873 from the Drainage Fund and $45,000 from the Flood Fund for the Halifax Storm Drain. If . the City Council approves. this request the estimated unreserved/undesignated fund balance of the Drainage Fund at September 30, 1996 will be reduced to $435,000 and the estimated unreserved/undesignated fund balance of the Flood Fund at SepV"er 30, 199r;voill be reduced to $47,000 Deputy City Administr for LEGEND - - - EXISTING STORM DRAIN PIPE PROPOSED STORM DRAIN PIPE a 0 SCALE NONE BOLSA cn �f 0 a 0 w HALIFAX DRIVE STORM DRAIN LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS AVE. n F TEM ATTACHMENT NO. 1 E 6�j A mid 889RCAM CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BNB ENGINEERING, INC. FOR HALFAX DRIVE STORM DRAIN FROM EDWARDS STREET TO VICTORIA LANE (CC-889) TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY FEES 14 32. ENTIRETY 15 3/k/storm/04/19/96 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BNB ENGINEERING, INC. FOR HALFAX DRIVE STORM DRAIN FROM EDWARDS STREET TO VICTORIA LANE (CC-889) THIS AGREEMENT, made and entered into this 22nd day of May , 1996, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and BNB 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 Halfax Drive Storm Drain from Edwards Street to Victoria Lane in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 3/k/halfaxo4/19/96 However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); 2 3/WhalfaxO4/19/96 • • 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 ifindicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Hundred Seventy Thousand, Seven Hundred Seventy One Dollars ($270,771), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within forty-five (45) working days, including pipe delivery, from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and 3 3/k/halfax04119/96 • incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by 4 WhalfaxMl 9/96 • CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 5 3/k/halfaxO4/19/96 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond -.the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action 6 Whalfax04/19/96 of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in 7 3/k/halfaxo4/19/96 • • construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. 8 Whalfax04/19/96 certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be 9 3/k/halfax04/19/96 reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a 10 3/k/halfax04/19/96 designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy 11 Whalfax04/19/96 it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 12 3/k/halfax04/19/96 • • 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 13 3/k1halfax04119/96 • 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. BNB ENGINEERING, INC. a California Corporation By: By: R. Bite , President Paul M. Bieber, Secretary A EST: City Clerk CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROV D AS TO FORM: r 1)�City Attorney % b IN[ TED AN AP OVED: ND APPROVED: Lj. Director of lic Wo s 2CityAdministrator 14 3/k/halfax04119/96 SECTION C PROPOSAL 4 for CC-889 ELAIHAX DRIVE STORM DRAIN ' j '� _ � from EDWARDS STREET TO VICTORIA LANE 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 forty-five (45) working days, including pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, 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 guarantee 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 (60) days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the AGENCY's Notice of Award of Contract to the BIDDER, low the proceeds of the sec.Ocompanying this bid shall become t0roperty 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 BIDDER"S BONDinthe amount of S which said amount is not less than ten percent (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: .�� ` _Kidd i nature r_ Addenda No. _ =Date Received} _ 1 March 18, 1996 2 March 26, 1996 3 March 28, 1996 C 2 City fo Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Halifax Drive Storm Drain; CC- 889 February 28, 1996 Notice To All Bidders: Please note that the bid opening date and time found in the project Specification and Special Provision "Section A" page A-1 shall be changed from Tuesday, March 19, 1996 at 10:00 a.m. to Tuesday, April 9, 1996 at 10:00 a.m. This is to acknowledge receipt and review of Addendum Number one. dated February 28, 1996. Company Nam6 By : Dan' el . g art `� 199,1 Date All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 0017313.01 03/20/1996 11:44 v -t 714-374-1573 • HB PUBLIC WORKS I] PAGE 02 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO, For Halifax Drive Storm Drain; CC- 889 March 20, 1996 Notice To All Bidders: Please note that the separate single sided "Section C", bid proposal that must be returned per "Section B", instruction to bidders is missing page C-4s which has bid items number 29 and 30 and 'total amount bid" boxes. Please add the attached page C-4s to your bid proposal. I This is to acknowledge receipt and review of Addendum Number two, dated March 20, 1996. V L, Company Name 7 By : Daniel P. Hart Date All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 0017313.02 t 93/26/1996 11:46 714-374-1573 HB PUBLIC WORKS PAGE 92 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For Halifax Drive Storm Drain; CC- 889 March 26, 1996 Notice To All Bidders: 1. Section 306-1.2.1 'Bedding" of the project specification states- The bedding shall be designated on the plans and conform to AGENCY Standard Plans; therefore for clarification please note that'V or the distance between the outside diameter of the proposed storm drain pipe and the excavated bank is 6" as shown on AGENCY Standard Plan Number 308 2. AGENCY will require a bedding section of 16" of VV gushed rock base not 4" as shown on the approved project plans for all pipe, junction structures, catch basin and manholes for this project, please modify your bid accordingly. This is to acknowledge receipt and review of Addendum Number three, dated March 26, 1996. r Company Name By : Daniel P. Hart Date All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 0017313.03 • • PROJECT BID SCHEDULE Item Estimated Item with unit price Extended Na uantity written in words Unit Price Amount 1 11 Install I r RCP (3040 D) per Detail Sheet 1 of 5 fL @ FIFTY FIVE ------------Dollars $ 5 5.00 1 f . $ 60 5. 00 00/100--------------- Cents Per lin. fL 2 82 21" RCP (2790 D)per Detail Sheet I of 5 fL @FIFTY SEVEN ---------Dollars 57.00/lf. $4,674.00 00 / 100--- —------- --- Cents Per lin. & 3 59 Insta 1124" RCP (2550 D) per Detail Sheet l of 5 R @ SIXTY -----------------Dollars 60.00/ 1 f . S 3,540.00 00 / 100---------=--- Cents Per lin. ft. 4 67 Install 36" RCP (1990 D) per Detail Sheet 1 of 5 f- @ SEVENTY ----- ---------- Do= $ 7 0.00 / 1 f _ S 4, F 9 n nn oo/1on ----------- Cents Per lin. 8. 5 350 Ings,11 39" RCP (1990 D) per Detail Sheet 1 of 5 fL @ ONE HUNDRED --------- Dollars S inn nn /T f 00 / 100------------- Cents Per lin. fL 6 930 Ingall 42" RCP (1790 D) per Detail Sheet 1 of 5 R @ ONE Hl1NDRFD FTVF ----- Dollars in�l-f 97 50.00 00/100---------------- Cents Per lin. ft. 7 1 Cowt. J.S. type "A" per Std. 304 each @ TWENTY NINE HUND. FIFTY —Dollars 2950_ nn/PFL S 2, 9;n On 00 / 189---------------Cents Per each 8 1 Const. J.S. type "B" per Std. 305 each @FOURTY TWO HUND. F I FTY -- Dollars 4250. 00 /PA _ S 4, 2;n nn 00/100-----------------Cents Per each 9 3 Const. J.S. type "D" per Std. 313 each @ TWENTY FOUR HUNDRED---zollars $2400, 00/ea, 7. 200, 00 00/100-----------------Cents Per each 10 1 J.S. type "D" per Std. 313, modified - no NCR each @NINETEEN HUND.ETGHTY --- Dollars 19Rn_nnzea $ 1980.00 00/100--------------- Cents [Per each C-1S PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Ouantitv written in words Unit Price Amount 11 2 Const. coname collar per Sad. 310 each @ SEVEN HUNDRED ---------Dollars $ 700. 00/ea $ 1,400.00 Cents Per each 12 53 Saw= and remove exist. cub and gutter UM R @ TEN DOLLARS -----------Dollars S 10.00/ea. 530.00 Cents Per lin. ft 13 6,534 Sawan, remove, and replace existing AC. pavemem for storm ft drain aoasnuction @ FIVE -------------------Dollars $ 5.00 / e a . 3 2.6 7 0.00 Cents Per sq. $ 14 1 Cons== aurb inlet catch basin, W=T per Std. 301 with local each depression, per Detail Sheet 5 and opening per A.P.WA Sld. Plan o. 300-1 @ TWFNTY THRFF Hii.SEVENTI'jo&WE $2_X3_nn _2�75._pp_ Cents Per each 15 1 Constr= aub inlet catch basin W-10' per Std. 301 with local each depression, per Detail Sheet 5 and opening per AP.W-k Sad. Plan o. 300-1 @THIRTY THREE HUND. FIVE --Dollars $ 3305.00 s3,305.00 Cents Per each 16 3 Construct aub inlet catch basin, W=14' per Std. 301 with load each depression, per Detail Sheet 5 and opening per AP. W.A Sri Plan 0.310-0 ei ht @thirty five hund. twenty D9ollars 3528.00/ea 10. 584. nn Cents Per each 17 1 Consm= ant inlet catch basin, W=16 per Sad. 301 with local each depression, per Detail Shed 5 and opening per aP.W.A Std. Plan o. 300-1 @ THIRTY EIGHT HUND.FTFTY— Dollars 3RSn_nn/Pa 3,R�n on Cents er each 18 877 Sawma, remove and replace existing AC. pavement for sewer R main construction @ FIVE ------------------ Dollars $ s _ nn /-,Q. ft , 4.V � n n Cents ]Per sq. fL C-2s PROJECT BID SCHEDULE Item Esdmated Item with unit price Extended No. Ouantitv written in words Unit Price Amount 19 6 Replace existiag 3/4' copper service lateral per Sid Plan 601 each @ THRFF Hl1ND_ FT FTY --- Dollars $ 350ppl/ga_ 2. 100. 00 Cents Per each 20 1 nlL siphon assembly per details in Specifications each @ SIXTY TWO HUND.-------Dollars S 6200, DO/ea S 6. 200, 00 Cents Per each 21 3 ConsL inverted siphon assembly per details in Specifications each @ SIXTY ONE HUND_ FOURTY NTPbllars -6.149. 00/ea 18, 447. 00 Cents Per each 22 279 Sawan, remove, and replace existing A.C. pavement for water R service construction @ FIVE -------------------Dollars S 5.00 / f t _ S 1.39S-00 Cents Per sq . fL 23 437 8" Class 200 AW.W.A C-900 sewer main with bedding fL per Std. Plan No. 503 @ EIGHTEEN --------------Dollars 1 R _ n n / l.f_ $7.kr,6_-n 0 Cents Per lin. fL 24 7 Remove existing 4" V.C.P. sewer lateral over storm drain, plug each and abandon two (2) ends @ ONE HUND, FIFTY ------- Dollars 15n nn 1,n;n nn Cents Per each 25 7 Const. 8' x 4" wye or saddle and lateral Class 200 AW.W.A C-900 each PVC, connect to existing 4" V.C.P. lateral with adaptor @ THREE HUND.TWENTY FIVE —Dollars 325_nn/aa_ $2.27; Q0 Cents Per each 26 1 Const. sewer maabole base per S d. Plan No. 504, manhole per Std. each Plan No. 505, frame and cover per Std. Plan No. 513, coat all in - or surfaces with Saacoat (100� min 125 mil. thicl na& City will supply shaft, cone, Same and cover materials. @ TWELVE HUNDRED ---------Dollars $1200.00/ea $1,200.00 Cents Per each 27 1 ConsL sewer cleanout per Std. Plan No. 508 each @ FOUR HUNDRED ---------- Dollars 400.00/ea 400_ nn Cents Per each 28 1 Traffic cc= I per Specifications and City Traffic Engmea rump sum @ T W F I V F H I I N n R F n-------- Dollars $ i,n Q. g Q Cents Per lump sum C-3s .0.3/20 f /1996 11: 44 714-374-1573 0 HB PUBLIC WORKS 0 PAGE 03 PROJECT BID SCHEDULE Item o- Esfimted Quafm Item with unit prig written In words unit Prim Extended Amount 29 1 M*Wb=&i= 4 dmmDbM=fim at max of4% orwAl bW Deice haup sum @ MIA- U061S.A.41P --- -- 4DOIbm S 4- mn- on S A nno 00 cem Per lump mm 30 1 cronvafim F= @ THRFF 'rHnucAND___.DoUars S fig_ p() s cem Per lump mm Tote! Amount Bid inFiEM: $270, 7 71 .00 Total. Amun.t. -Bid. in..Wo.aU:....T.W.0 .... H.UND-RED S. EV E XTY ... IHO.U.S.AND S E.V. E Rl ... HUNDRED SEVETY ONE.. 8 C-48 00/100 l gIST OF SUBCONTRACTORP 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 (0.5%) of the total bid and the portion of the work to be done by such subcontractor. Portion o Name and Address of Subcohb;a&or 'S2ate''L�cense , Class Work Number`. z; F _ 12% California Structures, Inc. !1 24795 Fay Avenue 6% Hardy & Harper #215952 630 So. Hathawayy Santa Ana CA �270 i i I I i I 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. ligm IRONCOLLUSION AFFIDAVIP TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) )ss. County of Orange ) STEVEN R. BIEBER , being first duly sworn, deposes and says that he or she is PRESIDENT of BNB ENGINEERING, INC. the party making the foregoing bid that the bid is not made in the interest o� or on the behalf o� 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 weed 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. _ JUDY A. CALDWELL QkC0M?n.FxnbMUA%#'.e i 105M COUNTY. I BNB ENGINEERING, INC. Name of Bidder .&::. 'c 2--l' Signature of Bidder 2602 S. HALLADAY STREET SANTA ANA, CA Address of Bidder Subscribed and sworn to before me this day of , 1991� NOTARY PUBLIC i NOTARY SEAL C - 4 UTILITY AGREEMENT 0 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 HALIFAX DRIVE STORM DRAIN, (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 promises and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: APRIL 8, 1996 BNB ENGINEERING, INC. Contractor PRESIDENT Title C - 5 DIS ALIFICATION QUESTION ARE 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? 13 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 she constitute signature of this questionnaire. C -G COMPEATION INSURANCE CERTSCATE 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. Date: April 8, 1996 BNB ENGINEERING, INC. Contractor 'A� By . Steven R. Bieber PRESIDENT Title C-7 AERGROUND SERVICE AL& 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 1-8004224133 a minimum of two (2) woridng days before scheduled excavation. Dig Alert Identification Number. BNB ENGINEERING, INC. Contractor �, X �� 0 yj-, By: Steven R. Bieber President Title Date: April 8, 1996 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 , ( 1 *BIDDER'S INFORMATION • BIDDER certifies that the following information is true and correct: BNB ENGINEERING, INC. Bidder Name 2602 S. HALLADAY STREET Business Address . SANTA ANA City, ( 714 ) 641-3745 Telephone Number 620582 A/HAZ State Contractor's License No. and Class MAY 10, 1991 Original Date Issued MAY 31, 1997 Expiration Date CA 92705 State Zip The work site was inspected by Dan Hart of our office on March 20 199_.6 The following are persons, firms, and corporations having a principal interest in this proposal: Steven R. Bieber, President Paul M. Bieber, vice Pres./Secretary C - 9 f � � 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. BNB ENGINEERING, INC. Company Name Signature of Bidder • Steven R. Bieber j JUDY A. CALDWELL [ �. : comm. i 10598% Notary Public — Collfomlo ORANGE COUNTY Printed or Typed Signature IWNNW Subscribed and sworn to before me this y of , 10 94- - NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three (3) public agencies for which the bidder has performed similar work within the past two (2) years: 1. N(�IJA.T1C Work a. T"1y.Twa"ho.. �le-�eGC( lC.o•W . Name and Address of Public Agency I Ns rL.GT es 2. 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C- 10 CBIC CONTRACTORS BONDING AND INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That we, BNB ENGINEERING, INC. • California: 23172 Plaza Pointe Drive BID BOND Suite 185 Laguna Hills, CA 92653 (714)770-9733 (800) 274-CBIC National (714) 770-9805 FAX Bond No. N/A Premium included in Bid Bond Service Undertaking as Principal, (hereinafter called the "Principal"). and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety. (hereinafter called the "Surety"), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of ***TEN PERCENT OF THE AMOUNT BID*** not to exceed ***TEN PERCENT OF THE AMOUNT BID*** Dollars (S 10% OF BID ), 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 HALIFAX DRIVE STORM DRAIN FROM EDWARDS TO VICTORIA, BEACH. CALIFORNIA 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 in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the xk ork covered by said bid. then this obligation shall be null and void, otherv,'ise to remain in full force and effect. Si fined and sealed this 20TH day of Witness MARCH A.D. 19 96, BNB E GI EERING. INC. _ --_— Principal Title Surety: Contractors Bonding and Ins u nce Company By KIMBERLY IFFITTS Witness DALE G. HARSHAW, .Attorney--in-Fact C'--5d-I(r)Nl. }-75 19X71 - Prised in conperatinn kith the American In mule of Architects t.AI.A1 h\ Contrcr�r, B,nding and In.urance Compam•. The language in this documem conhirm. esa.'tls u, the ^.cuage used in AIA Document A-310. Fehruar\ 197i1 Edition 1140 BndLHtl 1.02-CA01199, CALIFORNIA ALL-PURPOPACKNOWLEDGM ENT • �') State of �(1 1 , x n , r^-- County of 1012 personally appeared before me, A( 7 me and Title o Officer (e.g.. "Jane Doe. Notary Public') I I[Y 1 G r Name(s) of personally known to me — OR — proved to me on the basis of satisfactory evidence to be the person(si whose name* is/ar,P,subscribed to the within instrument and acknowledged to me that he/sle/tJey executed the same in his/h<ttheir authorized capacity(•iesr)rand that by hislh<tfgeu signature(•s4,on the instrument the person(s), 5r the entity upon behalf of which the person Q acted, executed the instrument. ° JUDY A. CALDWELL COMM. # 1059895 ? Notary Public — Colifornia Z - J ORANGE COUNTY A, Coc�m. Expires MAY 25.19 ') WITNESS my hand and official seal. vr. Though the information below is not required by law it may pr ve fraudulent removal and reattachniea Description of Attached Document Title or Type of Document; L Public P'to persons relying on the document and could prevent form to another document. Document Date:,—:,�(� Ci,� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual V Corporate Officer Title(s): Partner — Limited -General Attorney -in -Fact Trustee - Guardian or Conservator , 77 Other: nerc Signer Is Representing: j Signer's Name: _ Individual - Corporate Officer Title(s): Partner — Limited --' General Attorney -in -Fact Trustee - Guardian or Conservator Other: Top of Inurno he'e Signer Is Representing: S'995 National Notary Association - 6236 Remmei Ave.. P.0 Box 7184 • Canoga par•.. CA 911309-7'64 Proo. No. 59C7 Reorder Cal' Toll -Free 1-600-676-6627 State of California ) County of San Diego-) personally appeared Dale G. Harshaw, 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(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 1I1_j` 31 r r,,� " G PAMELA T. ANDREWS •• . COMM. #1081488 o U , NOTARY PUBLK-CALFORNIA 0 SAN DIEGO COUNTY n My Commission Expires DECEMBER 19.1999 KNOW ALL WIN BY THESE PRESENTS that t>OWMCTORSBONDING AND NWRANCE QOy P ff a cylrporahgp quill n pap Fnd existing under the iawj tlKStof Ts iragton enAd hoving its principal office in Sadtle, King Courdy, Wtsshington, don by "hoes presents make, cm2ftft and appoint ll fj j lee • li H j(J 11 H W d N 1J 1 (i U C it's true and lewtul altcrrryrnJoct, with full power and authority hereby confared in its rams, piece and stood, to execute, adarowledge and deliver the bond(*) descrihed ebovr, and to bind the Company thereby as fully and to the name extend as I each such bond was sgned by the Pr"WW, sealed with the corporate ssr of the Company and duly sttested by Will - tery; heeby ratifying and confirming all that the oordattprfheyrr►lgpt4 reydo in the premise*. Said appoinfir ant is made under end by surhodtyof the following resolutions adopted byre Bold of Diredore of CONfRACTORSBOPpJG AND NWRANCE COMPANY on 66 �� 11 JJ �Y T� RESOLVED that the Resident is authorized to appoint as oltomey-infect of the Compan� L E Ci • H A R S H A W with power and outhorityto sign on behalf of the Company those surety bonds which may hom time to time be approved by RL Thial or Barbara Thiel, in such penal sums and according to such conditions as may be approved by R.L. Thiel or Barbara Thiel. RESOLVED FURTHER that each Power of Attorney must set forth the specific description of the bond to which it applies, the name of the principal, the name of the oblipea, the ponaf sum, the bond number (except for a bid bond where there is no number), the identifying number of the attorney.ir0oct, the identifying number of the Power of Attorney, and the nano and signature of R.L. Thiel or Barbara Thiel; and may set forth the description end amount of additional reinsurance or collateral, it any. RESOLVED FURTHER that R.L. Thiel or Barbara Thiel is authorized to establish a specific expiration date for the %war of Attorney and to modify that date from time to time as A.L. Thiel or Barbara Thiel deems necessary in his /her sole discretion; the applicable expiration date to be dearly set forth in any written Power of Attorney. RESOLVED FURTHERthet, except as otherwise provided in the immediately succeeding resolution, under no circumstances shall: (a) the contract amount for any bid, payment, performance, or combination payment and performance bond (i e, a performance and payment obligation in one bond form) exceed 51,2KODO it the bond is guaranteed by the Small Business Administration; (b) the penal sum of any bond not guaranteed by the Snell Business Administration (other then a bid bond which is further restricted by clause (c)) exceed S3,0DO,DDO; and (c) a bid bond which is not guersmeed by the Small Business Administration be executed for a job where, if the contract is awarded, the bond penalty an any performance bond, payment bond, or combination performance and payment bond (i,s., a performance and payment obligation in one bond form) to be executed pursuant to the bid bond is to exceed S3,000,0DD. RESOLVED FURTHER that the above named Attomay4r4ed is granted power and authority to exceed the applicable panel limits set forth in the immediately preceding resolution for any bond in an amount equal to the amount of any additional reinsurance or of any cash, letter of credit or other security received as collateral security by the Company as inducement to issue the bond, so long as the description and amount of additional reinsurance or collateral are set forth in the Power of Attorney. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity end effectiveness of the foregoing resolutions in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company: R.L. Thiel, Barbara Thiel or Ann Croul. RESOLVED FURTHER that the signatures (including certification that the Power of Attomey is still in force and effect) of RL Thiel or Barbara Thiel, and Notary Public, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itseit as well as its transmission, may be by facsimile; end such Limited Power of Attorney shell be deemed an original in all espeda RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as anomey.inJad for the Company are hereby superseded. IN WITNESS WHgREOFcC FACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by R.L. Thiel end Barbara Thiel, and its corporate soul to be hereto affixed �� ]] 7 /y '7 CONTRACTORS BONDING AND INSURANCE COMPANY ptNG kND /ate too �7 • By; s 41 .ORPOR*-� rtyr�nrrBy: ram R.L.Thial y o' SEAL b arbsaThiW a: s STATE OF CALIFORNIA—COUNTYOFORANGE 4��Y''7g79''eC:" t>>�S H i N G� On 6 / 1 5 / 9 4 , b.fore me, Yolanda Z. Vega, a Notary Public in end for the Slats of Coldornie, County of Orange, peraonetly appeared R.L. Thiel and Barbara Thiel, personally known to me to be the persons whose names are subscribed to the within Limited Power of Attorney and ecknowledgsd to no that they executed the same in their authorized capacities and that by their signatures on the Limited Power of Attorney CBIC executed the Limited Power of Attorney. IN WRNESS WHEREOF, I have hereunto set hand smiled fixed my o tcte =I t e day and year fir bove written. YOLANDA Z. VEGA NJptOry Pic — Cdi/orrtio > ORANGE COUNTY My Comm. Esalros DEC 2, 190 Notary P in and for the Stei nie aiding at f oW The undersigned, acting under authority of the Board of Directors of CONTRACTORS BONDING AND F=RA PANY, hereby c d s or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the O al Power of Attorney is ad by said Company, and does hereby further nrtity that the said Power of Attorney is still in fora and affect. ewer cinder m at En H 1 1 3 s , CA this 2 0 day of MAR 19 9 6 A11$1(D91593) Y4 ;�,64-26-1996 02:57PM FROM Mom. CERTIFICATIGDF..I.NS u* TO 17146411804 P.03 4c�m LB If W! GATE OMMiO[l+rif ICE z 04/23/% SHARP INSURANCE SERVICES.INC. PEMO. BOX 27018 RIGKM UPON THE CERTWICATE HOLDER.THIS CIERnFICATI END, EXTEND 00 ALTER THE COVERAGE AFFORDED BY THE Imw %^ 93729 I COMPANIES AFFORDING COVERAGE WES HOSTELLER. CPCU 209.432-2544 Lo"PARNY A NOKMBROOK PROP. & CASUALTY ETTE COMPANY 9 CALIFORNIA COMPENSATION LETTER mulm ... .. .. ... WoAw C RELIANCE INSURANCE COMPANY ONS ENGINEERINGI, INC MANNA CO.. INC. OOMPANY D ATHENA ASSWNCE 2602 S. Hal lad Santa Ana San96 COMPANY CA 05 LETTER iE COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRME--*CTERM CERTIFICATE MAY BE IsSUEMOR MAY PERTARL T"E OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICI LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURAWft POUCYNUNBER LTR POLICY EpFeCnvE POLICY mun"110111 DATE WOMM DAYE pwi6wm UIMTS ema" L"ILITY GENEROL, AGGRE3ATE I Z.000.000. C X COmMEACAL GDQK OAMITY SJ267233 03/24/96 03/24/97 Pp*oucm=wmPAw. s 1,000.000 CLAIMSMAN OCCUR PWWOKAL & AN. MLRW s 1,000.000 X OWNER'S & 00WRACTORS PROT. 'XCU" COVERAGE EACH OCCURFIENCI! 6 1.000,000 CONTRACTUAL F.K DAMAGE 14W wm am) s 0.0.0 X BM FORM PD I .50. Mo. vm!NSE wy &a WWI 6 ComemspaLE $1.000.000 A X ANYAUTO CA0539550 03/24/96 03/24197 Umm ALL OWNED AUTOS IBWLYNJURY SCHBOLUM AUTOS X HIRED AUTOS 8 OOMY NJURY s X 1 NONIOWNED AUTOS m ?w GARAGE LLABRITY PROPERTY OAMAGE EXCEN LIABRM EACH OCCURRENCE s3.000,000 0: UMWQAAFORM EXCESS GiNERAL LIABILITY 03/24/96 03/24/97 060,00, x 0,mm-MAN UMBRELLA ORM 90OW404 . ....... . . .... ........ .. ... .. .................. 8: VmRmm-s compamT6 W9611312�3 01/01/96 01/01/97 STATUTORY LIM" ................ EACMACCIDENT S1,000.000 ANC . . ...... ...... .. ow-Ass.-Poucy UMrr ..... . ... ... $1,000.000 EMPWFW LIAORM VE toms-EACH EMPLOYER :5 1.000,000 OT"m UNPUKIiARM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES St CANCELLED SEWORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANYWjLLZM4WXXW MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE IL`04-26-1996 02:58PM FROM 4 TO 17146411804 P.04 • ACCOLWt COMMERCIAL GENERAL LI0MM NB Engineering, Inc. POLICY NUMBER: LZ2672337 THISENDORSEMENT CHANGES THE POLICY. PLEASE READiIT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) THIS ENDORSF, MT MODIFIES Cr PROVIDED UNDER THE POU.OWINO: COMMERCIAL G LIA U= COVERAGE PART. • I SCHEDULE NAME OF PERSON OR ORGANIZATION: RE: • n CITY OF imm"TNGTON BEACH, IT' 8 "ALL CALIFORNIA OPBR.ATIONS AGENTS. bFFICERS AND EMPLOYEES (IF NO ENTRY APPEARS ABOVE, va,�RMAnw REQUIRED YO ODMPLETE THIS ENDORESMENT WILL BE SHOWN IN THE DECIARATION)AS APPLICABLE TO TIM ENDORSEMENT. WHO IS IKSURE. (SECTION 11)13 AMAWiDBO TO INCLUDE AS AN INSURED THE PERSON OR OROANIZATION SHOWN 1N THE SC}IEDULE. BUT ONLY WITH R011� TO LIABILTTY AMINO OUT OF `YOUR WORK FOA THE INSURED BY OR FOR YOU. PROAAKY ENDOR.SEMENP SU L=TO AL7.OYAER TBRMSMPROVISIONs OF THE POUCY. SUCH 1NSURANM AS PROVIDED BY THIS HNDORESMENI' SHALLES PRIMARY.BY WTTH RF$P = TO WORK PERFORMED BY OR POItTHZ NAMED INSURBD(s)1110, 0NNECTION WITHABOVE, DF.SMEEDCONTRACT CG2010 1 v:+ I have received the Performance Bond and the Payment Bond for CC-889, for Halfax Drive Storm Drain from Edwards Street to Victoria Lane on behalf of the Treasurer's Office. Dated:' 2 By: -j B n B Engineering Inc. 2602 S. Halladay Street Santa Ana, CA 92707 •0 California: CBICPAYMENT BOND 23172 Plaza Pointe Drive, Suite 185 Laguna Hills, CA 92653 California Public Works (714) 770-9733 CONTRACTORS BONDING (800) 274-CBIC National AND INSURANCE COMPANY Bond No. CB3219 (714) 770-9805 FAX Charge for this bond is included in premium for Performance Bond. KNOW ALL MEN BY THESE PRESENTS, That we, BNB ENGINEERING, INC. called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH called the Obligee, in the sum of *TWO HUNDRED SEVENTY THOUSAND SEVEN HUNDRED SEVENTY—ONE AND NO/ 100THS* Dollars (S 270,771.00 ) (penal sum) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract dated the day of , 19 with the Obligee, for HALIFAX DRIVE STORM DRAIN FROM EDWARDS STREET TO VICTORIA LANE (CC-889 ("Contract"); NOW, THEREFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then this obligation shall be void, otherwise to remain in full force and effect, subject however to the following conditions: 1. That this bond is only for the benefit of persons named in Civil Code Section 3181 (and their assigns) who have contracts with the Principal or its subcontractor(s), and no other party shall have any right of action against this bond. ?. It is a condition precedent to claim upon this bond that claimant has given the 90-day public works preliminary bond notice as provided in Civil Code Section 3091. 3. No suit may be brought on this bond unless commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code Section 3184. 4. If suit is brought upon the bond, a reasonable attorney fee shall be paid to the prevailing party, but no attorney fee shall be paid from t4ie bond unless such suit has been filed prior to payment by the Surety of the claim. 5. The Surety's liability hereunder is limited, singly or in the aggregate, to the penal sum of the bond set forth herein, and any payment by the Surety to a claimant or claimants hereunder reduces and exonerates the bond to the full extent paid. Signed and sealed this 24TH day of APRIL , 19 96 Principal: BNB ENGINEERING INC. By: _�'e. Steve.�Bieber, President CONTRACTORS BONDING AND INSURANCE COMPANY P DALE G. HARsHAw, Attorney -in -Fa NO ndCPP1A.02-CA011593 W, I • • State of California ) County of San Diego-) personally appeared Dale G. Harshaw, 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(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal � n � PAMELA T. AND COMM. #1081488Na N U NOTARY PUBUGCALE? A to SAN DIEGO COU ires U My Commission Ezp 9 DECEMBER 19,1999 • • LIMITE . CONTRACTORS BONDING AND. (NSURANCE COMPANY IS RES.PONS LIMRED'ROWER OF ATTORNEY. ANY.ERASURE WILL VOID THIS PO POW Of ATT Y C L CONTRACTORS BONOINGA Penal Sum $ sZ 7:©, ; _ AflorneyNo: ATTORNEY `: ULCY OR THE BONDDESCRtBEDAND UP: TO THE AMOUNT SET FORTH iNTHIS )RNEY 1F:YOU HAVE ANY OUESTIONS ABOUT;OR WANTiTO VERIFY:THIS E C COMPANY�iL�C�U[J �HILLS,CALIFORNIAAT (71Al.. Q7 31 9 Fowrar ND. // ZZ BondNo. GG B 33 KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE C�p TY acgrr retigNn u a i ndexisti under the law ofth Sltq s mgto endhavin Itsprincipal office in Seattle, KingCounty; Washington, does these ppq " " "P' ' • • ` F A N 1J U A 9 ty, erg by presBnbmoke,cons8tubonde nt d Ws true and lawful attaney.in-led, with full power and authority hereby confsmd in its name, place and steed, to execute, acknowledge and deliver the bond(s) described above; and to bind the Company thereby as fully and to the same extant as 7 each such bond was signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confrming all that the as d ettyrre� � d4 maydointhe promises. Said appoinmm ntismade under and byauthority ofthe following resolutions adoptedbythe Board ofDirectors ofCONfRACTORSBONDWGA INSURANCE COMPANY on 6 / 1 J RESOLVED that the President is authorized to appoint as aftorneyin•fad of the Company 1. E Ci • H A R S H A W with power and authority to sign on behalf of the Company those surety bonds which may from time to time be approved by R.L. Thiel or Barbara Thiel, in such penal sums and according to such conditions as may be approved by R.L. Thiel or Barbara Thiel. RESOLVED FURTHER that each Power of Attorney must set forth the specific description of the bond to which it applies, the name of the principal, the name of the obligee, the penal sum, the bond number (except for a bid bond whore there is no number), the Identifying number of the attorneyin•fect, the identifying number of the Power of Attorney, and the name and signature of R.L. Thiel or Barbara Thiel; and may set forth the description and amount of additional reinsurance or collateral, H any. RESOLVED FURTHER that R.L. Thiel or Barbera Thiel is authorized to establish a specific expiration date for the Power of Attorney and to modify that date from time to time ea R.L. Thiel or Barbara Thiel deems necessary in his /her sole discretion; the applicable expiration date to be dearly set forth in any written Power of Attorney. RESOLVED FURTHER that, except as otherwise provided in the immediately succeeding resolution, under no circumstances shall: (a) the contract amount for any bid, payment, performance, or combination payment and performance bond (i.e, a performance and payment obligation in one bond form) exceed $1,Y50,0D0 if the bond is guaranteed by the Small Business Administration; (b) the penal sum of any bond not guaranteed by the Small Business Administration (other than a bid bond which is further restricted by clause (c)) exceed $3,000,OD0; and (c) a bid bond which is not guaranteed by the Small Business Administration be executed for a job whore, if the contract is awarded, the bond penalty on any performance bond, payment bond, or combination performance and payment bond (i.e., a performance and payment obligation in one bond form) to be executed pursuant to the bid bond is to exceed $3,000,000. RESOLVED FURTHER that the above named Attorney4n4act is granted power and authority to exceed the applicable penal limits set forth in the immediately preceding resolution for any bond in an amount equal to the amount of any additional reinsurance or of any cash, letter of credit or other security received as collateral security by the Company as inducement to issue the bond, so long as the description and amount of additional reinsurance or collateral are sat forth in the Power of Attomey. RESOLVED FURTHER that the authority of the Secretary of the Company to certity the authenticity and effectiveness of the foregoing resolutions in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company: R.L. Thiel, Barbera Thiel or Ann Croul. RESOLVED FURTHER that the signatures (including certification that the Power of Attomey is still in force and effect) of R.L. Thiel or Barbara Thiel, and Notary Public, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attomey itself as well ea its transmission, may be by facsimile; and such Limited Power of Attorney shell be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attorneyin•fad for the Company are hereby superseded. IN WITNESS WHE00REOF�Ohgl ACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by R.L. Thiel and Barbara Thiel, and its corporate seal to be hereto affixed // 11 Lit CONTRACTORS BONDING AND INSURANCE COMPANY 1NG AND /yh,ll o ' s vp•r•RPORq'•'�yr4 By: ----- - " -G,O rF•: r, rrgy ----------------------------------------------------- t' R.L. Thiel ; o r �bere Thiel A o . '�, ycy• . �r s STATE OF CALIFORNIA — COUNTY OF ORANGE rrr {y • 1979•.O�i - HINGZ - On 6 / 15 / 9 4 , before me, Yolanda Z. Vega, a Notary Public in and for the State of California, County of Orange, personally appeared R.L.Thiel and Barbara Thiel, personally known to me to be ,the persons whose names are subscribed to the within Limited Power of Attorney and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the Limited Power of Attorney CBIC executed the Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set h nnd my o lee see t e day an yearfir bove written. YOLANDAZ. VEGA COMM. S 10105516 Not MPublic _ Cakforrict The undersigned, acting under authority of the Board of Directors of CONTRACTORS BONDING AND IN BONDING AND MRANCE COMPANY, that the above and foregoing is a full, true and correct copy of Power of Attorney is still in force and effect. GIVEN under m e, ar 9 H 1 1 1 s, C A- ty;, 24 ------------ ---------- - --------------------------- (ACTORS t the said day of _--APR ,_ 19___-- 9 6 A11$1(D91593) CBIC CONTRACTORS BONDING AND INSURANCE COMPANY • PERFORMANCE BOND California Public Works California: 23172 Plaza Pointe Drive. Suite 185 Laguna Hills, CA 92653 (714)770-9733 (800) 274-CBIC National (714) 770-9805 FAX Bond No: CB3219 Premium: $ 5,415.00 KNOW ALL MEN BY THESE PRESENTS, That we, BNB ENGINEERING, INC. called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH called the Obligee, in the sum of *TWO HUNDRED SEVENTY THOUSAND SEVEN HUNDRED SEVENTY—ONE AND NO/ 100THS* Dollars ($270, 771.00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract, dated the day of , 19 , with the Obligee to do and perform the following work, to -wit: HALIFAX DRIVE STORM DRAIN FROM EDWARDS STREET TO VICTORIA LANE (CC-889) ("Contract"); NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform the construction work called for under the Contract then this obligation shall be void; otherwise to remain in full.force and effect. PROVIDED, however, that this bond is for the benefit of the named Obligee only, and no other person or entity has any rights against this bond; and PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal last performed work under the Contract or from the date of substantial completion of the Contract, whichever is earlier; and PROVIDED, FURTHER, that this bond shall not be liable for any liability of the Principal for tortious actions or inactions, whether or nqt said liability is imposed by statute, common law, or is imposed by the Contract. It is the intent of all parties that this bond shall not be a substitute for or supplemental to any liability or other insurance required by the Contract. Signed and sealed this 24TH day of Principal: BNB ENGINEERING, INC. By: _ Steve R. Bieber, President APRIL ,1996 CONTRACTORS BONDING AND INSURANCE COMPANY By: DALE G. HARSHM, Attorney -in -Fact A011593 State of California ) County of San Diego-) personally appeared Dale G. Harshaw, 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(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. pa -AAO)J,'l - "'ar-(� 97;" PAMEIA T. ANDREWSCOMM.#1081488 0TARY PUBLIC-CALIFORNIA�MyACComm sssioCnEXPires '+ DECEMBER 19,1999 `Z . LIMITED POWER OF ATTORI ...- READ CAREFULLY. CONTRACTORS; BON DING A.ND. INSURANCE.COMPANY jS RESPONSIBLE ONLY FOR.THE LIMITED POWER OF ATTORNEY. ANY ERASUREWILL:VOID THIS POWER OFATTORNEYJ POW OFAT7 Y CALL CONTRACTORS BONDING ANDINS ANCE COMI Prins) Sum:$ �'• Attorne No GA 2 �� Power. /24l9: Landed Power of Attorney Expga D Approved by — — Name ofPrinclpal BNB EN;GINEERING INC;, Name of Obligee;_ -DT—=7T �==II Q TANZ.(t- =-8-8 V - - Location'(lf Applicahta) — KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE ��pMp ac ratip„n,QQI q gipeQ�Jgndexisti under the law oft St oj�j(�s i9lo endhavin itsprincipaloffice in Seattle. King County, Washington, does bythese presents make, constitute and appoint — " � ""' " "' """" '" of A (L U A 9 it's true and lawful attorneyar�fect, with full power and authority hereby conferred in its name, place and steed, to execute, acknowledge and deliver the bond(s) described above; and to bind the Company thereby as fully and to the some extent as 7 each such bond was signed by the President, sealed with the corporate seal d the Company and duly attested by its Secretary; hereby ratifying and confirming all that these' att a in d may do in the promises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY on � ! 4 RESOLVED that the President is authorized to appoint as attorney -in -fact of the Comp'b'n I, E G , H A R S H A W with power and authority to sign on behalf of the Company those surety bonds which may from time to time be approved by R.L. Thiel or Barbara Thiel, in such penal sums and according to such conditions as may be approved by R.L. Thiel or Barbara Thiel. RESOLVED FURTHER that each Power of Attorney must set forth the specific description of the bond to which it applies, the name of the principal, the name of the obligee, the penal sum, the bond number (except for a bid bond where there is no number), the identifying number of the attorneyin•fact, the identifying number of the Power of Attorney, and the name and signature of R.L. Thiel or Barbara Thiel; and may set forth the description and amount of additional reinsurance or collateral, if any. RESOLVED FURTHER that R.L. Thiel or Barbara Thiel is authorized to establish a specific expiration date for the Power of Attorney and to modify that date from time to time as R.L. Thiel or Barbara Thiel deems necessary in his !her sole discretion; the applicable expiration date to be dearly set forth in any written Power of Attorney. RESOLVED FURTHER that, except as otherwise provided in the immediately succeeding resolution, under no circumstances shall: (a) the contract amount for any bid, payment, performance, or combination payment and performance bond (i.e. a performance and payment obligation in one bond form) exceed $1,250,ODo if the bond is guaranteed by the Smell Business Administration; (b) the panel sum of any bond not guaranteed by the Small Business Administration (other then a bid bond which is further restricted by clause (c)) exceed $3,000,000; and (c) a bid bond which is not guaranteed by the Small Business Administration be executed for a job where, if the contract is awarded, the bond penalty on any performance bond, payment bond, or combination performance and payment bond (i.e., a performance and payment obligation in one bond form) to be executed pursuant to the bid bond is to exceed $3,OD0,000. RESOLVED FURTHER that the above named Attorneyan•fad is granted power and authority to exceed the applicable penal limits set forth in the immediately preceding resolution for any bond in an amount equal to the amount of any additional reinsurance or of any cash, latter of credit or other security received as collateral security by the Company as inducement to issue the bond, so long as the description and amount of additional reinsurance or collateral are set forth in the Power of Attorney. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity end effectiveness of the foregoing resolutions in any Limited Power otAttorney is hereby delegated to the following persona, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions ea if signed by the Secretary of the Company: R.L. Thiel, Barbara Thiel orAnn Croul. RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of R.L. Thiel or Barbara Thiel, and Notary Public, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itself as well es its transmission, may be by facsimile; and such Limited Power of Attorney shall be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as ettornsyandad for the Company are hereby superseded. I11 N WITNESS WHgR�OFcC 1 ACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by R.L. Thiel and Barbera Thiel, and its corporate seal to be hereto affixed // Yt By; -----' R.L. Thiel STATE OF CALIFORNIA — COUNTY OF ORANGE CONTRACTORS ����y0•AND /pf� irrrrr o �O1aP0 Ry j� ",By: r----------------- --------------- --------------- S $8erbae-e Thiel i rY':197g.•'�N: Sill N AND INSURANCE COMPANY On 6 / 1 5 / 9 4 , before me, Yolanda Z. Vega, a Notary Public in and for the State of California, County of (range, personally appeared R.L. Thiel and Barbara Thiel, personally known to me to be ,the persons whose names are subscribed to the within Limited Power of Attorney and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the Limited Power of Attorney CBIC executed the Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set en e e nxe my orn.01.1 r bove written. YOLANDA2.VEGA COMM. / 1010616 +Ir Nofory Public — California >> ORANGE COUNTY My Comm. Esyires DEC 2. 1997 Notary P in and for the Slat is siding at Ir ' ing under of theBoard BONDING torero ro�oyf the ' If' 3 or in lieu of of Secretary end �MR ofCONTRACTORStd coo OA al Power BhONDING A9ND INSURANCECOMPANY,COMPANYythet the and foregoing PY Attorney is sd b said Company, Y Y dose heficate r urtMr a tho saiS`.1;� P Y fY d+ Power of Attorney is still in force and effect. - -- r v. '• \ * � 3. CA 24 GNENunderm H t 1 1 sr this d at g __—_—�.• _—____ day APR ---- � ---- ---------------------------- A11 I(y�t`� Q t)�% Council/Agency Meeting Held: �S ' fk Deferred/Continued to: XApproved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: February 5, 1996 Department ID Number: PW 96-004 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administr or Tf�_ PREPARED BY: - LES M. JONES II, Director of Public Works SUBJECT: Halifax Drive Storm Drain; CC-889 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Enviro ental Status, Attachment Statement of Issue: Approval of final plans and specifications, and authorization to advertise is requested for the Halifax Drive Storm Drain; CC-889 Funding Source: Funds are available in Master Plan of Drainage account number E-SM-PC-889-6-75-00. The engineers estimate including 10% contingency: $280,000.00. Recommended Action: 1. Approve the attached sample contract subject to award of contract to the lowest responsive bidder. And, 2. Approve final plans and specifications, and direct the City Clerk to advertise for the Halifax Drive Storm Drain for sealed bids; CC-889. Alternative Action(s): Deny approval of the Halifax Drive Storm Drain. RRUEST FOR COUNCIL ACTIN MEETING DATE: February 5, 1996 Analysis: DEPARTMENT ID NUMBER: PW 96-004 The area around the former Gill School site experiences severe flooding even in a modest rain storm. This project consists of constructing approximately 1,500 lineal feet of reinforced concrete storm drain pipe and installation of six catch basins from Edwards Street along Halifax Drive, up to the former school site. This system was proposed by the current Master Plan of Drainage and confirmed by a hydrology study prepared by staff. The construction of this system at this time is a result from a Condition of Approval placed upon Tract number 14990 (former Gill School site). The developer was conditioned to design the storm drain as part of his tract improvement plans in addition to payment of drainage fees. The City is to construct the storm drain using accumulated Master Plan Drainage fees including those paid by the developer. The plans and specifications have been completed and approved by the Director of Public Works and are on file in the Public Works Department. Environmental Status: Negative Declaration No. 95-9 was approved by the City's Zoning Administrator on November 8, 1995. Attachment(s): Location Map Sample Construction Contract 0016545.01 5+a 01/22/96 1:56 PM LEGEND --- EXISTING STORM DRAIN PIPE PROPOSED STORM DRAIN PIPE a 0 SCALE NONE BOLSA Q x c O 0O -� U7 z z — > cn W ULLJ = W CD > (n (n OXFORD ALEXANDRIA PARIS w < Q r: U) ;;D Q z SORENTO z z HALIFAX CANTERBURY CUMBERLAND AVE =DRESDEN FBRUNSWICK F PROPOSED STORM DRAIN SYSTEM ATTACHMENT NO. 1 HALIFAX DRIVE STORM DRAIN LOCATION MAP •i, R CITY OF HUNTINGTON BEACH IoLa DEPARTMENT OF PUBLIC WORKS 889RCAM • • SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE 17TH STREET STORM DRAIN (CC 845) TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY FEES 14 32. ENTIRETY 15 3/k/storm/01 /30/96 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE HALFAX DRIVE STORM DRAIN (CC 889) THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Halfax Drive storm drain from Edwards Street to Victoria Lane 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: STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 3/k/storm/01 /30/96 Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 3/k/storm/01 /30/96 • • E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar 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. 3 3/k/storm/O1/30/96 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 3/k/storm/01 /30/96 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 5 3/k/storm/01 /30/96 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 3/k/storm/01 /30/96 • • required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES 7 3/k/storm/01 /30/96 The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a 8 3/k/storm/01 /30/96 certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which 9 3/k/storm/01 /30/96 arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect 10 3/k/storm/01 /30/96 during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to 11 3/k/storm/01 /30/96 terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed 12 3/k/storm/01 /30/96 cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 13 3/k/storm/01 /30/96 0 • REST OF PAGE NOT USED 14 3/k/storm/01 /30/96 • • 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/President/Vice President By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer ATTEST: City Clerk REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: 1-1 bfi& City Attorney Y,raX INITIATED AND APPROVED: Director of Public Works 15 3/k/storm/01 /30/96 0 RCA ROUTING ShollEET INITIATING DEPARTMENT: PUBLIC WORKS ENGINEERING SUBJECT: Halifax Drive Storm Drain; CC-889 COUNCIL MEETING DATE: February 5, 1996 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable NOTICE INVITING SEALED BIDS for CC-889 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 10:00 AM on Tuesday, April 9, 1996, at -which time bids will be opened publicly and read aloud in the Council Chambers for the Halifax Drive Storm Drain between Edwards Street and Victoria Lane located in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting Thursday, February 28, 1996 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $25.00, sales tax included, if picked up or $30.00 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 5th of February. 1996. CONNIE BROCKWAY, CITY CLERK' OFFICE OF THE CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 0016923.01 0 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen, of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HIJNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in' the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: March 7, 1996 March 14, 1996 March 21, 1996 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 21, 1996 at Costa Mesa, California. ..Signature UBLIC; NOTICE._ ITICE INVITING SEALED BIDS for cc -Bog ice- is: hereby given Baled bids wilI b.,re-,- I by the Cilyr of�Hun- Beach: af;theotfice a City. Clerk'• at City' 2000° Main -Street; ngton Beach; .0 - until the hour of AM on Tuesday; April 16, at which time bids Beach. - ns,. specifica-.. )ntract . docu- 30.00 if ,of - the to r- Codi�Preference to shall `Pe,'given •only.in manner provided by 'bid shall"6e^consid- °u6lemit-is,mad6 on=a Pu amv-N,cyua - ouncil-�of-: the ington Beach-_ prig ht_,to ,reject - the City-Conn- T 92648:., Published= rHuntinglon".- Beach-Fo0112i, alley:-1n d_epende t`March 7 14 27 19'96 ' 03i 133 1 • PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 11 fin.ft Install 19" RCP G040 D) per Detail Sheet 1 of 5 Gig �.i—�`� 0� Dollars $ O Cents Per lin. ft. 2 82 ft' hotall 21" RCP (2790 D)per Detail Sheet 1 of 5 � —111ew @ Dollars /� Cents Per lin. ft. 3 S9 ft. Insta 24" RCP (255 D) per Detail Sheet 1 of 5 Dollars Cents Per lin. ft. 4 67 ft Irstall 36" RCP (1990 D) per Detail Sheet lof 5 r'i' @ Dollars $ Cents Per lin. ft. 5 350 ft' Install 39" RCP (1990 D) per Detail Sheet 1 of 5 @ Dollars_ A/O Cents Per lin. ft. 6 930 lin.I@ 42" RCP 1790 D) per Deta' She*I of 5 _ G{/ ,Q Arl T Dollars $ O Cents Per lin. ft 7 1 each /�' Comt. J S. type "A" per Std. 304 *D @ �j �i,��flaG�S•D��( �lV //D`�o� DPI � O Cents Per each 8 each Const. J.S. type "B" per Sq 05 �Dollars y @ © Cents r each 9 3 each Const. J.S. type " " per Std 313.E @� %i�uS� Dollars a D Cents Per each 10 1 h Const. J.S. type "D" per Sa 313, modiS M.H. @ woGtS G �oar o' d AO Cents [Per each r- C-1 s PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. uantitv written in words Unit Price Amount 11 2 each Const. concrete collar per Stet. 310 0 ! an @ .0 Dollars ; dzw Cents Per each 12 53 ft Sawcut and remove i curb and gutter @ Dollars —40 �7 $ Cents Per lin. ft. 13 6,534 Sawcut, remove, and replace existing A.C. pavement for storm . ft. drain eonstnu;tion, °l Dollars $ l Cents er . ft 14 1 Construct out inlet latch basin, W=T per Std. 301 with local each depression, per Detail sheet s and opening per A.P.W.A. SUL Plan o. 300-1 ati ��L7D Dollars $� Cents Per each 15 1 Construct curb inletcatch basin, W=10' per Stet. 301 with local each on, per Detail Sheet 5 and opening per A.P.W.A. Stet Plan o. 300-1 AAWA fj $ Cents Per each 16 3 Canstrud curb inlet catch basin, W=14' per St& 301 with local each depression, per Detail Sheet S and opening per A.P. W.A. SMUL 'Plan o. 310-0 ���"� @ /!7 d&� C`/U Dollars Cents Per each 17 1 Construct curb inlet catch basin, W=16' per St& 301 with local each depression, per Detail Sheet S and opening per A.P. W..A. Stet Plan No6 300-1@ ���G %ffl "rt� 011arS $ Cents Per each 18 877 Sawcutt, remove and replace existing A.C. pavement for sewer ft main construction @ G Dollars $ O Cents er . ft. G2s PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Ouantity written in words Unit Price Amount 19 6 ch Replace existing 3/4" copper service lateral j�td Plan 601 PA(13 � u5 Vix-/ 40690 � @ Nr�f Dollars ,00 $ Cents Per each 20 1 h reacnst siphon assembly per details is Specificati Dollars Q $y '' $ Cents Per each 21 3 each Const. inverted siphon assembly per details in Sn cations %�&0&5� 00�0 � @ W Dollars $ G Cents Per each 22 279 Sawcut, remove, and replace existing A.C. pavement for water . ft.service .�/i� Dollars Cents Per so. R 23 437 Canst. 8" Class 200 A.W.W.A C-900 sewer main bedding $ Std. Plan No. 503 i @ Z Dollars G Cents Per lin. & 24 7 Remove existing 4" V.C.P. sewer lateral over storm drain, plug each and abandon two (2) ends, � @ OWE dl/i��/� Dollars $ 1490 $ d Cents Per each 25 7 Const. 8" x 4" wye or saddle and lateral Class 200 AW.W.A. C-900 each PVC, cenned to a fisting 4: V.0 laterals� $0�51 4p, Dollars $ Cents Per each 26 1 Const. sewer manhole base per Std. Plan No. 504, manhole per Std. each Plan No. 505, frame and cove per Sid. Plan No. 513, coat all in - or surfaces with SSa°ancoat (100),qmin. 125 mil. thickfn- Citywill supply @� ,.-r Afiame V)7,I tal�ollars $ $ 67 41 Cents Per each 27 1 each Const. sewer cleanout perms Plan No. 508 @ A/0 te -<#XeW Dollars $1G� Cents Per each 28 1 ump sum Traffic control Specifics ' ns and City TraW Engineer @ S Dollars By $ hopw f DOte Cents Per lump stun C-3s ••..• L41 177p 1c: c �14 374I73 HB PUBLIC WORK PAGE P33 PROJECT BID SMDULE C45 IIST OF SUBCONTRACTOR 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 (0.5%) of the total bid and the portion of the work to be done by such subcontractor. 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 I N, qkONCOLLUSION AFFIDAVO TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) )ss. County of Orange ) 17 A. - R i \/ Aie b t , being first duly sworn, deposes and says that he e>;=she is IDo1 r=S I ,SENT' Of _ A. Z I/A2D, -r= oc. the parry 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. T A. R 1 ✓A-aD, z-Nc. Name of Bidder Signature of Bidder 899d JUZ00.4 P-D , R1V6199AQCX4 7o? Address of Bidder Subscribed and sworn to before me this q day of 199 NOTARY I OFFICIAL SEAL SHARON ESTREM0. ce NOTARY PUBLIC-CALIFORNIA A ORANGE COUNTY H r! `` May 11, 1996 NOTARY SEAL C-4 1 • Z • • 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 HALIFAX DRIVE STORM DRAIN, (1)(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 promises and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 4-1,'f 4 T, A- _Q%M2.D . s&)C. Contractor By P69t9 1,0£Ar; Title C-5 T M DIS97ALIFICATION QUESTIONOIRE 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 Jam' 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-G f f COMPOSATION INSURANCE CER ICATE 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. Date: V' 9' -F. A - 12, VA 2D, To Q . Contractor Title 1062 ES I fJ 6,1 -1 C-7 1 r UNDERGROUND SERVICE AAT 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 Excalvate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800422-4133 a minimum of two (2) 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 1 1 , *BIDDER'S INFORMATION• BIDDER certifies that the following information is true and correct: Bidder Name Business Address 2! Vas i,Dc , 0-4 (9.zso 9 City, State Zip OW) 36 d - ksF(. Telephone Number _37TT6( -A State Contractor's License No. and Class � �7 Original Date Issued Expiration Date The work site was inspected by / `✓n �� ✓ �� of our office on 199L The following are persons, firms, and corporations having a principal interest in this proposal: A .�,� a - PAP,5. ✓ard - JP& /7�as C-9 The undersigned is prepare satisfy the Council of the City of I0ngton Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder T. A- Q%Ja.oD Printed or Typed Signature Subscribed and sworn to before me this -1 day of & , OFFICIAL SEAL SHARON ESTREMO ce NOTARY MUBLIC-CALIFORNIA - ORANGE COUNTY My Commission Expires May 11, 1996 r 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: I. PL6-SE CC-C ATTYV,-I41F---n SMA-Mm� Of- ExPE2JC-71JW • 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 03/20/1996 12:22 714-374-1573 • HE PUBLIC; WORKS • PAGE 0°2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For Halifax Drive St. orrn Arai; CC- 889 March 20, 1996 Notice To All Bidders: Please note that the separate single sided "Section C", bid proposal that must be returned per "Section B", instruction to bidders is missing page C-4s which has bid ;terns number 29 and 30 and "Iota! amount bid" boxes. Please add the attached page C-4s to your bid proposal. This is to acknowledge receipt and review of Addendum Number two, dated March 20, 1996. -Idejmrd,, jrj& .-- Company Name By I-I'q1- `4 Date All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please tali Steve Krieger at (714) 536-5259. 0017M.02 U,V4U/1'J`Jb 12.22 714-374-i573 7 o: � STi 41ATO V, Company: Fax #: HB PUBLIC WORKS - PAGE 01 From: -'�A �-- y gate: 'S - ?- Ip Pages including Cover Sheet: -S Please notify operator @ (714) 536 - if all pages are not received, Comments: I' -,.EA Se t> M L I VER, -T C> Fax Cover Sheet 03/20/1396 12:22 714-374-1573 HB PUBLIC 1.40RKS • PROJECT BID SCHEDULE Ytem No. 29 34 PAGE ;3 3 ' ted usati item with unit price written is words Unit Price Ezeded Amount I dmrmll idiom at mw;L of 4% ottoW bid price lump sums @ _ Dollars _--- Cents Per lum sour lump sum @ t — ,�_ �,__ Dollars Cents er L11kM2 sum Total Amount Hid in Words: C-45 03/26/1996 12:14 c ,-1 .r 714-374-1573 • HB PUBLIC WORKS • PAGE 02 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For Halifax Drive Storm Drein: CC- 889 March 26, 1996 Notice To All Bidders: 1. Section 306-1.2.1 "Bedding" of the project specification states- The bedding shall be designated on the plans and conform to AGENCY .Standard Plans; therefore for clarification please note that W or the distance between the outside diameter of the proposed storm drain pipe and the excavated bank is 8" as shown on AGENCY Standard Plan Number 308 2. AGENCY will require a bedding section of 16" of 3/" crushed rock base not 4" as shown on the approved project plans for all pipe, junction structures, catch basin and manholes for this project, please modify your bid accordingly. This is to acknowledge receipt and review of Addendum Number three, dated March 26, 1986. lard -al61 Company Name By Date All bidders arc requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536.5259. 0017313.03 03/26/1996 12:14 714-374-1573 Company: Fax M HE PUBLIC WORKS PAGE 01 From: — Date: Pages including Cover Sheet: Z- Please notify operator @ (714) � Zi;if all pages are not received. Comments: �I S O +� r N o. •� Fax Cover Sheet GVwa`�ixC, _, f `a V • • City fo Huntington Beach Public Works Department . 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Halifax Drive Storm Drain; CC- 889 February 28, 1996 Notice To All Bidders: Please note that the bid opening date and time found in the project Specification and Special Provision "Section A" page A-1 shall be changed from Tuesday, March 19, 1996 at 10.00 a.m. to Tuesday. April 9. 1996 at 10:00 a.m. This is to acknowledge receipt and review of Addendum Number one, dated February 28, 1996. Company Name By Y/f le?x— Date All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 0017313.01 SECTION C PROPOSAL for CC-889 HALIFAX DRIVE STORM DRAIN from EDWARDS STREET TO VICTORIA LANE 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 forty-five (45) working days, including pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, 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 guarantee 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 (60) days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the AGENCY's Notice of Award of Contract to the BIDDER, C - I the proceeds of the secti4ecompanying this bid shall become t*roperty 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 B' PPrf's &% in the amount of $ 1 W% a f S , D which said amount is not less than ten percent (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: C-2 4 r T.A. RIVARD, INC. 8884 JURUPA ROAD RIVERSIDE, CA 92509 TO: CITY OF HUNTINGTON BEACH City Clerk, Second Floor 2000 Main Street Huntington Beach, Ca. 92648 BID: CC-889 - Halifax Drive Storm Drain Edwards St. to Victoria Lane BID DATE: April 9, 1996 at 10:00 A.M. Bids Received • -� � ^ � � -� COPY TO: Dated _ SHEILA GENEIL C C-889 April 9, 1996 10:00 AM Engineer's Estimate: $280,000 BID LIST 1. Atlas -Allied, Inc. 2. BNB Engineering -il� � `1 D % % � 3. BR Day Construction, Inc. 4. Byron Crume Inc. S 5. Caltro 2 3� D �' �° O 6. Clarke Contracting3v� 7. Colich & Sons 8. Crane Ve or Corporation 9. Excel Paving 10. Floyd Johnston Construction S 11. GR McKervey Inc. 12. GRP Construction 13. Gillespie Construction 14. Gran re orio Construction Co. • • CSC-899 Page Two BIDDERS; NAME RANK TOTAL BID AMOUNT $ 15. Grbavac Construction 16. Highland Engineering i1 $ 7 OO O ' $ 17. Hydro Conduit 18. John T. Malloy, Inc. $ 3.39 .O g q ' $ 19. Ken Thompson, Inc. $ 20. KEC Engineering 21. Leatherwood Construction $ 22. Long Beach Iron Works $ 23. Los Angeles Engineering $ 24. Majich Brothers, Inc. 25. O'Duffy Construction 26. Perry C. Thomas $ 2 ✓ �� C C O ' 27. RF Paulos, Inc. 28. R & L Sewers 17271 C'C-898 0 Page Three BIDDER'S NAME ....... ........ ........ ........... ........... RANK TOTAL BID AMOUNT ........... 29. Radich Construction, Inc. 30. Robert G. Caston is 31. SJ Burkhardt $ 32. SF Construction $ 33. SRD Construction 34. Savala Construction // // $ �� 7 q5 $ 35. Simich Construction $ 36. Slater, Inc. 37. TA Rivard, Inc. $ p D $ 38. TL Pavlich Construction 39. WA Rasic Construction S 40. Zagros, Inc. $ 41. Zaich Construction, Inc. 17271 RECEIVED CITY rL.EiRK OF HUNTINGTON; %,-fir; -. �,ALIT. APR 9 59 A", 196 96, 1!j To @1 6 88V m nH 03AM3N f • as r !7• IG INSURANCE COMPANY OF THE WEST P.O. Box 86563, San Diego, CA 92186-5563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS. That we, %r � . &01 /,)C . (hereinafter called the Principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of (1"L + Fv2 V i fi . as Surety, are held and firmly bound unto C (Ty of- h-EINTW O-D d i cfy-r e H (hereinafter called the obligee in the just and full sum of 202M; OT072� P2A0L)Dollars ($ lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obliges a bid or proposal dated In accordance with the plans ,and specifications filed in the office of the obligee and under the notice inviting proposals therefor. for NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter Into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have.caused these presents to be duly signed and sealed this 45 day of _ M* 62 rd 19 9f INSURANCE COMPANY OF THE WEST By W i L c in %Z 0 c b rb9 M Attorney -in -Fact ICW CAL 120 (7/90) Insurance Compahy of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: WILLIAM R. OLDHAM its true and lawful Attomey(s)-in-Fact, with full power and authority, to execute, -on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validityof the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 15th day ar May 1995 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO o%PAN P 0A, `MOORPORArra t s "+RCN j, J'I' CA(IF000- INSURANCE COMPANY OF THE WEST On May 15th, 1995 before me, personally appeared John L. Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personalty known to me to be the individual and officer who executed the within instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument, the corporation, on behalf of which he acted, executed the instrument. WITNESS my hand and official seal. NORMA PORTER r COMM. #952644 n NOTARY PUBLIC CALIFORNIA N V = SAN DIEGO COUNTY 0 Notary Public My Commission Expires CERTIFICATE: JANUARY 14,19W I, E. Harned Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above quoted resolution. p IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 181 day of A16 12( 14 19 INSURANCE COMPANY OF THE WEST 4ktoVAPANY0f + fs *OO6P0RA7F� _ "+RCN ! C"41*0 0' E. Harried Davis, Vice President ICW 37 CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT • NO.5907 State of r;, i ; fn County of orange On -/-`- - 9l, before me, sharnn F.Gi-ramn, GPnrFstary , DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC - personally appeared William R. Oldham , NAME(S) OF SIGNER(S) Q personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ism subscribed to the within instrument and ac- knowledged to me that he Ahroy executed the same in hishhe eiK authorized capacity(ies), and that by his/r OFFICIAL SEAL signature(s) on the instrument the person(s), . SNARON ESTREMO,o or the entity upon behalf of which the _ • o NOTARY PUBLIC-CALIFORNIA person(s) acted, executed the instrument. °C PANGANGE COOUNTYY OP, My Commission Expires May 112996 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrFY(IES) Insurance Company -'of the West DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 CALIFORNIA ALL-PUR MENT No. 5907 State of t._ALTFORNTA County of RIVERSIDE On _ . 4 I -1� I before me, Sharon Rmf rjamn F Notary P ihl i , OATS NAME, TITLE OF OFFICER • E.O.. 'JANE DOE. NOTARY PUBLIC personally appeared T-A. Rivard NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) lWaw subscribed to the within instrument and ac- knowledged to me that hehika6&W executed the same in hiS/#=ddimeii:ac authorized capacity(ies), and that by hi , 11 11 i - signature(s) on the instrument the person(s), OFFICIAL SEAL or the entity upon behalf of which the SNARON ESTREMO w NOTARY PUBLIC-CALIFORNIA person(s) acted, executed the instrument. d ORANGE COUNTY - - '11, 1996 �+ WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL U CORPORATE OFFICER President TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITYPES) T. A. Rivard, Inc. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 Q:lt'IRMT,� j:! +` s• Y F - a .s. ✓1 i/ o ' - c�-' �;' � 5 - ix' �h-`�.-�'#Srt• �', "� ,, r 3-&y���.'q a� x--•-.s• NwC._ t f"+`SF z`e.'-ate = L_ .' r ; j -a HOME'OFFICS� OF MARYLAND��BALTIMRE.Os�MD' .�. .zh''ak'{ ,,- °- 14rzj}.t a .fw7.. - S �^�--r--x'�"-=. e9•-.,...F" x�- •y7 _ •5Y- `� x 1 ti- fr .. �!t E � � K -- f ,� '+�n �� M'9y d.- - ,y'S.--.' q !m', •'^ 7 }'f.` '1 '�'T E T5� ..J� 4 - •` 'Y j � F+ �`�yr.y �,. � +'S- r�cl.1•'+� *� S fi. xk., xx �: t+ �2 ;� ti r �x .. i y'• •,, s..ti�� - - `: � � t-f4�4"''"�.v _ tt`'4 r•-,"k�.,-"+n �rxs.rf"�-�,�3R�a5y X,�Y' ft��,,�l;A,� 1Jti�it "`�-.T.,2� v.-4- -� _?. �± ` KNOW ALL MEN BY THESE PRESENTS: That we HIGHLAND ENGINEERING, L.L.C. ......................................................................................................................................................... ..._..... ..............................................:................................................................................................................................................... •-•--...... ............................ as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto................................CITY OF HUNTINGTON BEACH ......................................................................................•-•-.......................................................... ..........................................•--.........................................,...........................as Obligee, (hereinafter called the "Obligee"), in the sum of ............ TEN..k&lKQ. N.T..QF..TRE...T.QTAL..ZxA...---Dollars M10%... of ... Bid...), 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.................................................................................................. CC-889, HALIFAX DRIVE STORM DRAIN FROM .............................................................................................................................................................................. EDWARDS STREET TO VICTORIA LANE ..............................................................................................................................................::................................................. 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 r such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal i shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said ' bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ....................5th.................................day of .............. APRIL.......................... A.D. 19...9.... HIGHLAND ..ENGINEE...RING., .. .L...L..0.................. (SEAL) ................................................. Principal ..... .._................................................................................... Witness BY: 1996 . .............................................................................................. BID DATE: APRIL 9 Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Suret 11 ................ B ....... (SEAT.) Witness OWE M. BROWN -Title ATTORNEY —IN —FACT C325d-150M. Approved by The American Institute of Architects. A=LA. Document No. A-310 February 1970 Edition. Power of Attorney 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 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 Owen M. Brown of Anaheim, Cal iforni, t s rue an awful agent and Attorney -in -Fact, to make, execute, seal and`dt, , 12ver, for, o rats behalf as surety, and as its act and deed: any and all bonds and undertakings........ ��.....� AnTTge—e—R—ec—u—t—ion of such bonds or undertakings in pursu amply, to all intents and purposes, as if they had been duly at its office in Baltimore, Md., in their own proper perso The said Assistant Secretary does hereby certify 2, of the By -Laws of said Company, and is now IN WITNESS WHEREOF, the said Vice-Presi� Corporate Seal of the said FIDELITY AND DEPa -------------- July ------ ------ A.D. 19-9-3 n. A Assistant STATE OF MARYLAND COUNTY OF BALTIMORE �' %se prese \ °Mall be as binding upon said Company, as fully and and ac ged by the regularly elected officers of the Company set on the reverse side hereof is a true copy of Article VI, Section po� IV1,retary have hereunto subscribed their names and affixed the ,0 ARYLAND, this-______—_—_____22nd--------------------------- day of OF MARYLAND By Vice- esident On this22nd----- day of ----- July --- — ---- —:� A.D. 1923__, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, 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 the day and year first above written. �' Fb Fy noTwr—-------- ----- -------------- ----- —--------- ----- P�auc S, CAROL J. FAD R Notary Public My Commission — 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 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 5th day of ------- APRIL--------------------------- • 19-96 _ y 'Assistanf'Secrerai;, -_- . LI428c—012-4151 - - . • SU Bond No....._30516778 .......................... Fidelityd Deposit lompany an HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Perry. C. ..Th...omas Construction. . . ., Inc. ...... --•. .. .......... .......................... ............................................................................................... as Principal, (hereinafter called the "Principal"), and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto............... Ci Ly...af..Hun tingtnn..Hearh----................................................:................................................ -•------------------•-•--...........••-•---.---••---..................------...-•---.......................------•---.......................-----•--.....---.....---................ .......................................••-•----..............----------------•-••-•--------..........---..........as Obligee, (hereinafter called the "Obligee"), in the sum of ...... Ten ..Pexcent..Af..Amount... ir1..-.._-..-..-...-...-..-... ... .-..-..- ...... Dollars ($...... III% ................), 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 ........ Aa.li.fax.-Driva..S.torm..Drain...fxom.................. Edwards Street to Victoria Lane. #CC889 --------------------------•------........---•------•-----------••---.............----.............................................................................-----•-••--•--............•..... ---•---------------------------------------------------------------------------------------------•-----.....---..........................---...--•---...............-•-............----•--•----.-- ...............••------....-•---.....---.......-----.....---.._...------............._............_....................-•---..............---............._.................._.................... •-•---•-••--------------------•--.......------------......---.........--------...................-•----••---.......--------•---........................----•----•--------......----••--_......... 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 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 party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this..........6th ............................................................. ............................ Witness .... day of ........... March..... A.D. 1996. Perry homas Con r tion, Inc: (SEAL) ----------- ------ .....--------•-•- . ----- . . Princip t - _ ...... ........... ................. Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety Maria....:� .......... .................. ... Wi Mara J. Heyl tness B ........... ....... '.......Z:.... . --........(SEAL) le Cynthia-L. Morgan, Attorney -in -Fact 02M—ISOM. . Approved by The American Institute of Architects. A.I.A. Document No. A-310 February 1970 Edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of _ County of On California LOS ANGELES MAR - 6 1996 MORMA CL BURSANO. before me, , Notary Public, personally. appeared Cynthia L Morgan 31 personally known to me (or proved to me on the basis of satisfactory evidence). to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their AR NORMA 0. BURBANO authorized capacity(ies), and that by his%her/their COMM.41O55783 V E NOTARY PUBLIC-CALIFORNIA �signature(s) on the instrument the person(s), or the LOS ANGELES COUNTY My Commission Expires April 16,1999 entity upon behalf of which the person(s) acted, Vow— IF executed the instrument. WITNESS my hand and official seal. J2118(CA) Power of Attorney 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 R. W. BUDDENBOHN , Vice -President, and M. J. SCHNEBELEN , 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 effe t on the date hereof, does hereby nominate, constitute and appoint Cynthia L. Morgan of Santa �, Cali ia.................. is true and lawful agent and Attorney -in -Fact, to make, execs any and all bonds and undertakings.... AMTtTe execution of such bonds or undertakings in and amply, to all intents and purposes, as if they 1 the Company at its office in Baltimore, Md., in A6 on its behalf as surety, and as its act and deed: v ce of thents, shall be as binding upon said Company, as fully duly exeand acknowledged by the regularly elected officers of pro porsons. c The said Assistant Secretary does hereby cekhly4at the set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Comp anS is now IN WITNESS WHEREOF, the said Vi ident an t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY EPOSI PANY OF MARYLAND, this 1 "nth day of .icily A.D. 19 87 � _ FIDELITY AN OSIT COMPANY OF MARYLAND ATTEST SEAL ........... _4:_ ... -- ..... ....... - By...---••---&.A.-,J�-....... aistan cretary Vice -President STATE OF MARYLAND CITY OF BALTIMORE On this 13th day of July , A.D. 1987 , 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. , 4f MOtA11 �f �•♦oA��a�+` tart' Publi o ission Expires July 19 1990 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 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 6 t:_ day of March , 19 96 012-8123 ssistant Secretary • 't't(! PRemier Insurance Cexnpany j .. Abnin6trstive Oflier: Rattle Creuk. All 1 PROPOSAL BOND Bond No. TPI36786802-001 KNOW ALL MEN BY THESE PRESENTS: That we Leatherwood Construction as Principal, and the TIG PREMIER INSURANCE COMPANY, a corporation under the laws of the State of California, as Surety, are held and firmly bound unto City of Huntington Beach Public Works (hereinafter called Obligee) in the. full Forty-two thousand dol five hundred l************** and just sum of _ _ ars Dollars f5._42i500.00_) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted the accompanying bid for: Storm drain NOW, 'rHEREFORE, if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract then this obligation shall be void, oth4rwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and affect. Signed and sealed this B IuU,'R 8th day of April , 1996. -Leatherwood Construction Principal By. Kenneth A. Coate , . Attorney 1r ract 11-94 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On APRIL 8, 1996 PERSONALLY APPEARED , before me, KENNETH A. COATE personally known to me (or. ^ o to ~ .. `'-.. Lase_ "` .:a,... @@) to be the personH whose name( is/ere subscribed to the within instrument and acknowl- edged to me that he�sl;@Ahoy executed the same in his/ he -,ter authorized capacity(4es), and that by hiss their signatureH on the instrument the person(s), or the entity upon behalf of which the personH acted, executed the instrument. WITNESS my hand and official seal. Signature SS. JULIA B. LUCIO, NOTARY PUBLIC OPTIONAL cow #t R (X CcAfafro COUNN <, wly Ctxdres JUL ze. 1o9d This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 0- OTHER-" SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT TIG Premier ranee Company Adminlstratioffice: Battle Creek, Michigan 0 0 0 9 9 5 GENERAL POWER OF ATTORNEY GPA Power Of Attorney valid only 1f numbered 1n red: Know All Men by These Presents, That TIG Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Rattle Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint Kenneth A. Coate & Mark N. Gladding of Rivarcide and State of California its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BOND (S . B . A. GUARANTEE AGREEMENT) -MAXIMUM PENALTY $1, 000 , 000.00 OTHER CONTRACT BONDS- MAXIMUM PENALTY $175,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1996. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of Section 35 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company. "Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full ,power and authority to appoint any or more suitable persons as Attorney(s)- in -Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. „ttorney-in"Fact Attorney-i„=-Fact may bee -given fuli power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of'surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company cs if signed by the President and sealed and attested by the Corporate Secretary." affixed this 6TH day of State of Michigan a SS.: County of Calhoun JI C.� y Jul �� 7 '. 1941 Z A.D., 19 95 TIG EMIER INSURA E COMPANY By JOAN H. DILLARD • • Bond No.....NA....................... Fidelity and Deposit Company xo,vE OFFIcF: OF MARYLAND BALTIMORE, AID. 21203 1111) BOND KNOW AI.1. Nil-.N ItY TIII' ;F I'RF.Sl'ATS: Thatwe ......... L.os..Angeles..Eng.i.neering,...Inr......................................................................................................... ....................................................••-•---•------...........................-------•---•--...--•--....................--•--...................................................... .............................................................................................. as Principal, (hereinafter called the "Principal"), and the I-tul:I.rr�' .%.0 DI{Y�,�17' COMPANY OF MARYLAND, of Kiltimore, ,Maryland, a corporation duly organized under the laws of the State of Nlarylnnd, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto..............C.i_ty .of Nuntington..Beach ...................................................................................................................................................................................•-............. ........................... ...........:..........................................................................as Obligee, (hereinafter called the "Obligee"), in the sum of ...... Te-n•-Percent...of..the..Amount..of...the... Bid ................................Dollars ($....10.°1,................. ), 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, finely by these presents. WHEREAS, the Principal has submitted it bid for ...... Halifax ... Dr..i.ue... St.arm..Drain... CCn88.9................. 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 terns 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 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 party to perform the work covered by said bid, then this obligation shall be null and void,otherwise to remain in full forceand effect. Signed and scaled this ................... 9th .................................. day of ............. Apri 1 ...................................A.D. 1.996..... I.Q.S..... gel es...ngj_neeri ng_,.._Inc ...........(SEAL) Principal ..............................................................•--...-------•---........... IVilrrc'ss �y.;.... RO5E.AT.t4..... mu ........................................... ATTORNEY -IN -FACT :l'ille FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surcl y ............ By.... ............... ......... ..............(SEAL) Witness Tille Mark E.Shrecken st, Attorney in Fact C325d-150lt(. Approved by 7'be American Institute of :Architects. A.I.A. Document No. A-310 February 197U L•'dition. T 1 • • STATE OF CALIFORNIA S.S. COUNTY OF Los Angeles On Aprilg,lg_gA , before me, Rronwyn Murdock. notary puhlic , personally. appeared Mark E. Shreckenqag+ X_ personally known to me; or proved to me on the basis of satisfactory evidence to be the person(�s). whose name(;) is/*jtjv subscribed to the within instrument' and acknowledged to me that he/ >'pb executed the same in his/kair xkvir authorized capacity(iax), and that by his/knx:g1ks)ir signature (s) on the instrument the person*(s) or the entity upon behalf of which the person(m) acted, executed the instrument. .................................. WITNESS my hand and official seal. BRONWYN MURDOCK (SEAL) COMM. #969838 NOTARY PUBLIC . CALIFORNIA LOS ANGELES COUNTY My Comm. Expires July 22, 1996 Si nature of N ry .ublic CAPACITY CLAI WD BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may.prove invaluable to persons relying on the document. .Individual(s! Corporate Officer(s) Titles Partner(s) Attorney -in -Fact Trustee(s) Trustees) Guardian/Conservator Other: and and Limited General Signer is representing: Surety ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signers) other than named above: THIS CERTIFICATE 14UST D2 ATTAC4ED TO THE DOCUMENT DESCRIBED ABOVE f • • Power of Attorney 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 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 Mark E. Shreckengast of Los Angeles, California................................................4........... Its true and lawful agent and Attorney -in -Fact, to make, execute, seal any and all bonds and undertakings........ behalf as surety, and as its act and deed: An to execution of such bonds or undertakings in pursuance�*,se prese t's�ha�l be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly elc'. and acknbw aged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persortg:1 �Tiiis Po e_ of attorney revokes that issued on behalf of Mark E. Shreckengast, dateOctober-, 191 o 3. The said Assistant Secretary does hereby certify thatiiS. set f6rton the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in�fce� IN WITNESS WHEREOF, the said Vice-Presiden�d Assista\\il�� ecretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT OMPANM. ARYLAND, this _....... __-- 8 th `---- .--__-------_day of A.D. 19.94' b., FIDELI DEPOSI�COMPAINY OF MARYLAND ATTES SEAT •.,,,,• <� By Assistant SecO!2Viceleresi&nt STATE OF MARYLA.VD �J COUNTY OF BALTORE 1' L2t On this 8th __day A.D. 19.94, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, 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 the day and year first above written. 9 CAROL J. FA EI3 R / Notary Public O My Commission Expires __------ —_----_-- 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 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 _ 9th _ day of--- ---- Aprfl----- ------------- — ---- 19 ---- 96 Llaz8c 012-3605 n -------- — ---- --------- -------- --- - --- --- - - -------------- Assistant Secretary Form A205 General ro"er of Attorney 9J Wbzzu -IMNOI,NG REQUESTED BY AND I,1AIL TO • • oto � tN �-C1C,A GENERAL POWER OF ATTORNEY 04. (With Durable Provision) TO ALL PERSONS, be it known, that ANGUS O'BRIEN PRESIDENT of LaS ANGLES ENG NEE�ING INC. the undersigned Cantor, o ereby incan grant a general power of attomey to ROBERT GOMEZ PROJECT MANAGER of LOS 6NGELFS ENGINE�RJNG 11NC. and do thereupon cons Cute an appoint sac to vCd1Calas my attomey-in-fact. My attorney -in -fact shall have full powers and authority to do and undertake all acts on my behalf that I could do personally, with full power of substitution and revocation, including but not limited by said authority die tight to sell, deed, buy, trade, lease, mortgage, assign, rent cr dispose of any of my present or future real or personal property; the right to execute, accept, undertake and perform any and all contracts in my name; the right to deposit, endorse, or withdraw funds to or from any of my bank accounts, depositories or safe deposit box; the right to borrow, lend, invest or reinvest f;:nds on any terms; the right to initiate, defend, commence or settle legal actions on my behalf, the right to vote (in person or by proxy) any shares or beneficial interest in any entity, and the right to retain any accountant, attorney or other advisor deemed necessary to protect my interests generally or relative to any foregoing unlimited power. My attomey-in-fact hereby accepts this appointment subject to its terms and agrees to act and perform in said fiduciary capacity consistent with my best interests as he in his best discretion deems advisable, and I affirm and ratify all acts so undertai:en. Special durable provisions: This power of attorney shall be revoked upon shad not be affected by disability of the Grantor, and shall otherwise X condr.ue in full force and effect until revoked by subsequent writing become null and void after date of 19 : (initial provisions which apply). FEE �5 Z Other terms: ATTORNEY IN FACT SHALL HAVE THE RIGHT TO SIGN ANY AND ALL CONTRACTS AND Sin Onf.11MENTS ONLY. RECORDEDIFILED IN OFFICIAL RECOAD. RECORDERS OFFICE LOS AtdGELES COUNTY CALIFORNiA 4 FAIN' 8 A.M. MAR 301993 PAST Signed under seal this 19th dayof MARCH 1993 Signed in the presence of: 1 (&,tza - CAROLYN SC T FRANK FERRI N=: Delete powers that do not apply Stateof CALIFORNIA County of LOS ANGELES Grano, ' ,GUS &3BRIEN Attomey-in-Fact ROB EgL GOMEZ . SS. MARCH 19th , 1993 Then personally appeared ANGUS O' BR I EN , the above named. Grantor who known to me, signed or acknowledged the foregoing executed Power of Attorney as his or her free act and deed, before me. N Cary Pub'.ic Mx C�orjtmigion Expires: NOVEMBEp, , 1996 �I�I III!Ill�lplllll ((r(L w RONIn.19 6500 4 0 53926 20022 5 IgrapyPUDUC.wam e. E-Z Legal Forms 7a taf Mteln Cainry �± i1/ Cann ty,11e; r♦t^'/. 1.1995 ' 0 SAFECO Conforms with The American Institute of Architects, A.I.A. Document No. A-310 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 08185 BOND NO. 562 73 67 KNOW ALL BY THESE PRESENTS, That we, SAVALA CONSTR. CO, as Principal, hereinafter called the Principal, and the SAFEGO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL BID IN ------------------------------------ Dollars (S 10% OF BID ), 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 HALIFAX DRIVE STORM DRAIN CC-889 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with A.the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding on 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 excced the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2nd BID DATE: APRIL 9, 1996 day of Witness ,M Witness APRIL 19 96 SAV CONSTR. (Seal) Principal Y. Title SAFECO I OF AMERICA B OW BRO Attorney -in -Fact 1 7-8030 t7 Registered trademark of SAFECO Corporation. d/EP 10/90 PRINTED IN U.S.A. POWER t OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO. INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 08185 No. 8164 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ■nsomessamossommorsumOWEN M. BROWN, Anaheim, Cal IfornIanon ee�rrr�rr•��rrer�rrreMerMrrN�rrrr�er its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents INS 4 t h day of January , 19 93 . .e CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appoirtment, executed pursuant thereto, and (ii7 Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.* I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto. are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation S-1300/EP 1/03 INS 2nd day of APRTT, . 19 •96 ® Registered trademark of SAFECO Corporation. THE AMERICAN INSTITUTE OF ARCHITECTS AIA LbcunterLLA310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Radich Construction, Inc. 4680 E. Los Angeles Avenue, Suite "0", Simi -Valley[, MCA 063 �dr�Yorl`E'14cL'ofCon�ccorj as Prtnclpci, hereinette( rolled We Prirc!pci. and Golden Eagle Insurance Company (here assert tta rcma cr.c ccdtau of tegci tina of S.lety) 7175 Navajo Road,. San Diego, CA 92119-1642 a corporaflOn duds argcrtxed under the laws of iha State of California as Surety, hereinatte(called M)e Surety, are held cnd wry boursd unto (here irtseR tt:rl name cnd address or legal ri ne of Caster) csObiirae,hereinatterccledmeObrigee.inttr�esun of Ten Percent of amount bid*** Dotcts(S 10% of bid. for the payment of which sum wet and rmly to be mode, the seid Pttndpal end the sold Surety, bind Ourselves. opt hails, executors. ccUrk- stratom. successcra and asOgm.Iehny end severely. Army by these presents. WHEREAS, thePMcipclhcsUjUrittedabid fee Halifax Drive Storm Drain (CC889) Huntington Beach, CA (Orange Co.) cHere~kAncme.ccaraucnddeseripttcRctpr ject) Now. THEPEFO(ZE. it me Ooigee sriatt accept UW bid of me PdrxOat and Me PtincOCl 9141 enter into a Corutacr vNm me OotiGae in accordcnce with me terms of such W. and Give such Mona of bonds as may be specified in trio 01coing of conttoct.occurems wttn Goon and Ra tclent a••aty tot trio fcurntU pertoemcrce of seen Contract and for me prompt payment of [coot and maredal ttunished in trio prosecution thereat. or to trie evert[ of the fadute of me Principci to enrer such Contracr and Give such bond or bonus. it me kw=pci tvJl pay ro me OcIgee me dtference not to exceed the pancity rieteot aetween me amount specified in scud bid cnd such target amount tar wric1 ma Obligee may in good faith contract with cnomet petty to pedlotm me Work covered cy sold bid, then rriis obtgetlon sricfi be nut[ and void, ornetaise to temcin to U. race and efteer. Sgned and sealed this 4 t h day of April 1996 ' Ra ich Construction, Inc. (Sacs) ya u i tVv►tnessJ � . (Tine) Teresa(Radich, President Golden Eagle Insurance Company (Seri) itneu) Mary Jo Stelzer B Stan Lynn sae) Attor —in—fact ALA OOCUMENT A310 • 10 BOND • AlA a . FEBRUAl2Y 1070 EO • THE AMER CM wStTUTE Cr- AnCHtTECTS. 1735 N.Y. AVE. M.W.. WAS>+wGTON. O.C. 20f�f36 • CALIFORNIA ALL-PURPOSE ACKNOWL9DWENT C] No. 5907 State of County of California Orange On 4/4/96 before me, Mary J. Stelzer, Notary Public , DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC - personally appeared Stan Lynn _ NAME(S) OF SIGNERS) 2 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. sa^.-x�m�ra:3•,rnc..:- Ak..�� t A4ARY J. S7ELZE6 : WITNES m ha nd official seal. +' COMM ... #1004899 � y NOTARY F'UBLiC-CALIFORP. A - �'y:'I ORANGE COUNTY YAATdKOO NO TA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Golden Eagle Insurance Company TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 • y • GOLDEJI EAGLE ismAtA1ICE Ca1PANY EXECUTIVE OFFICES San Diego, California POSER OF ATTORNEY KNOW ALL HEN BY THESE PRESENTS, That the Golden Eagle Insurance Company, a Corporation duly organized and existing under the law. of the State of California, having its principal office in the City of San Diego, California does hereby nominate, constitute arx appoint: ---> STAB LYNX <--- its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on Its behalf as surety, bonds, consent: of surety, and undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shal. not exceed the sum of any and all bonds and undertakings, provided the amount of no one bond or undertaking exceeds one million dollars CS1,000,000.00). This power of attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Golden Eagle Insurance Company at a meeting duly called and held on April 10, 1984 ►chic! said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy. "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -In -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys - In - Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys -In -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney - In - Fact shalt be binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, the said Golden Eagle Insurance Company has caused these presents to be executed by its officer, with it: corporate seal affixed. STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: this May 20th, 1992 GOLDEN EAGLE INSURANCE CCiMPANY By• William B. Rippee, President On this 20th day of May, 1992 , before the subscriber, a Notary Public of the State of California, in and for the County of Sai Diego, duly commissioned and qualified, came William B. Rippee, President of GOLDEN EAGLE INSURANCE COMPANY, to me personally know] to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Company aforesaid, and that the seal affixe, to the preceding instrument is the Corporate Seal of the said instrument by the authority and direction of the said Corporation IN WITNESS WHEREOF, I have hereunto se at, at the City of San Diego, the day and year first abov written. %,s`'�), :1- SEAL STATE OF CALIFORNIA ;z;` Marine y tsus ; SS: ° r4i.0Arr. 1.. COUNTY OF SAN OIECO �'y ?j F;CEirl rie Katherine Yutsus, Notary Public Xa ownMy Commission Eu:rr 5. 1993 Q) I the undersigned, Larry G. Mabee, Secretary of the Golden Eagle Insurance Company, do hereby certify that the original POWER O ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Cor rate Seal of the Corporation, this 4th day of April 1996 LARRY G. MABEE, Secretary A❑ FIREMAM FUND INSURANCE COMPANY ❑ THE AMERICAN INSURANCE COMPANY ❑ NATIONAL SURETY CORPORATION MEMAN"S Fun ❑ ASSOCIATED INDEMNITY CORPORATION INSURANCECaWANIES © AMERICAN AUTOMOBILE INSURANCE COMPANY KNOW ALL M24 BY THESE PRESENTS: That We, ATLAS -ALLIED, INC. • BID OR PROPOSAL BOND (hereinafter called the principal), as principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY , a corporation organ- ized and doing business under and by virtue of the laws of the State of MISSOURI , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORN] as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($ -- 10% --- ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal for the HALIFAX DRIVE STORM DRAIN in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW. THEREFORE, if the -bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 4TH day of APRIL . 19 96 ATLAS -ALLIED, INC. By ?AJn' EVA SICILIANI, SECRETARY/TREASURER AMERICAN AUTOMOBILE INSXWCE COMPANY By . D: J. PICARD, Attorney -in -Fact 360277-4-81 ,STATE OF CALIFORNIA • • SS. COUNTY OF ORANGE On 414196 ,before me, BEATA A. ARGUELLO, NOTARY PUBLIC PERSONALLY APPEARED personally known to me to be the person(g) whose nameq) is/XMsubscribed to the within instrument and acknowl- edged to me that he1,U5XXHkYj executed the same in his/ VxO(YM authorized capacity(UG), and that by his/KW thnk signature(34 on the instrument the person(§), or the entity upon behalf of which the person) acted, executed the instrument. WITNESS my hand and official seal. Signature D. J. PICARD OPTIONAL H O OHO O-0 00 ♦O O-O O O-�O NPp• O-� •;,; ,�?� PEA TA A. ARGUELLO LUWUI3 NOTARY PUBLIC - CPLIFOP.NIA m ORANGE COUNTY 'MYCOMM. ExpirmAPR. 14,1997 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT 01 4/4/96 NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) AMERICAN AUTOMOBILE INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE (D-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT GENERAL w� NEY AMERICAN AUTOMOBILE fNSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of Missouri, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint --- D. J. PICARD --- ANAHEIM CA its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof ------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorney -in -Fact and Agents to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this 2 7 n d day of Aug u Z f , 19 04. AMERICAN AUTOMOBILE INSURANCE COMPANY =Zti Ew L_:S %twin+° .•a By .14 411Y., ~ �STATE OF CALIFORNIA ss. Via -President COUNTY OF MARIN On this 2 2 n d day of August 19 9 4 before me personally came M. A. Ma'lIonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of AMERICAN AUTOMOBILE INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrumcnt is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. OFFICIAL NOTARY SEAL A. KRIEGER —o Notary Public California i . MARIN COUNTY My Comm. Exp. MAR 20.1905 CERTIFICATE STATE OF CALIFORNIA ss. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporatica, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 4TH day of APRIL , l9 96 . Resident Assistant Secretary 360711-AA -2-94 BOND NO. GE 5785326 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we JOHN T. MALLOY, INC. as PRINCIPAL, (hereinafter called the Principal), and GULF INSURANCE COMPANY a corporation duly organized under the STATE OF MISSOURI and authorized to transact a general surety business in the State of CA: as SURETY, (hereinafter called the Surety), are held firmly bound unto: City of Huntington Beach as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not, however, in excess of Thirty Five Thousand Dollars dollars, ($ 35,000.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: Storm Drain Installation NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this 9th day of April 1996 J04+W T. MALLOY, INC.. Principal . GULF BY v- I f7f ru v \_ SPOHN Attorney -in -Fact • • 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of - California County of _ Orange On April 9. 1996 before me, M. Minium, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE,.NOTARY PUBLIC - No. 5907 personally appeared Randy Spohn NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(&) whose name*) is/e+e. subscribed to the within instrument and ac- knowledged to me that helaheAheexecuted the same in his t eir authorized capacity(a.ee), and that by his/her#$+ signature(&) on the instrument the person(, or the entity upon behalf of which the N COMM:A1-i08�17 personH acted, executed the instrument. tt MV �J1im ,• WITNES y hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT Bid Bond One TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES April 9, 1996 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Gulf Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remrnet Ave., P.O. Box 7184 Canoga Park, CA 9130E-7184 GULF INSURANCE C&ANY KANSAS CITY, MISSOURI , POWER OF ATTORINTEY •'ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK, DUPLICATES SHALL HAVE THE SAINIE FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri. having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August. 1993, to wit: "RESOLVED, that the President. Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time: and any such Attorney -in -'act may be removed and the authority granted him revoked by the President, or anv Executive Vice President, or any Senior Vice President, or by the Board of Dircctors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power. of Attorney shall be construed as a grant of authority to the attorney (s) -in -fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seat shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make. constitute and appoint BOND NUMBER GE511�5 6 2 6 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP JOHN T. MALLOY, INC. 10621 Bloomfield, #39 Los Alamitos, CA 90720 EFFECTIVE DATE ril 9, 1996 L CONTRACT AMOUNT $ 350,000.00 $ 35,000.00 RANDY SPOHN OF ANAHEIM, CA BONDAMOUNT its true and lawful attorney (s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney (s) -in -fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1.000.000.00) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. S\�aarvcF oo GULF INSURANCE COMPANY j GO¢POHgr- yo 7 0 SEAL � 'tfjS S O\3 STATE OF NEW YORK ) Christopher E. Watson 1 SS President COUNTY OF NEW YORK ) On this 1st day of February, 1993 A.D., before me came Christopher E. Watson, knoAn to me personally who being by me duly s%%orn, did depose and say; that he resides in the Count% of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. C."10 Ursula Kerrigan No. 02 KE 5043950 STATE OF NEW PORK ) Qualified in New York County SS COUNTY OF NEW PORK Comm. Expires Nlay 15, 1997 ) I, the undersigned, Senior Vice President of the Gulf Insurance Company, a ;Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. SOFIANCF C\ Signed and Sealed at the City of New fork. �aG0P?0P11 01-7 J Z SEAL ` yi�SSOVP � Dated the 9th day of April P Laurence P. Nliniter Senior Vice President 1996 1 City fo Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Halifax Drive Storm Drain; CC- 889 February 28, 1996 Notice To All Bidders: Please note that the bid opening date and time found in the project Specification and Special Provision "Section A" page A-1 shall be changed from Tuesday, March 19, 1996 at 10:00 a.m. to Tuesday, April 9, 1996 at 10:00 a.m. This is to acknowledge receipt and review of Addendum Number one, dated February 28, 1996. : L Company Name QIP VIq L Date All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 0017313.01 03/20/1996 11:45 714-3&573 HB PUBLIC_ WI& PACE 02 City of I luntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For Halifax drive Storm Drain; CC- 889 March 20, 199B Notice To All Bidders: Please note that the separate single sided "Section C", bid proposal that must be returned per "Section B", instruction to bidders is missing page C-4s which has bid items number 29 and 30 and "total amount bid" boxes. Please add the attached page C--4s to your bid proposal. This is to acknowledge receipt and review of Addendum Number two, dated March 20, 1996. Company Name gy . q Date All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 0017313.02 03/26/1996 11:47 714-3j*573 HB PUBLIC WCO PAGE 02 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For Halifax Drive Storm Drain; CC- 889 March 26, 1996 Notice To All Bidders: Section 306-1.2.1 "Bedding" of the project specification states- The bedding shall be designated on the plans and conform to AGENCY Standard Plans; therefore for clarification please note that "w" or the distance between the outside diameter of the proposed storm drain pipe and the excavated bank is 6" as shown on AGENCY Standard Plan Number 308 2. AGENCY will require a bedding section of 16" of %" crushed rock base not 4" as shown on the approved project plans for all pipe, junction structures, catch basin and manholes for this project, please modify your bid accordingly. This is to acknowledge receipt and review of Addendum Number three, dated March 26, 1996. I-&1�k - - C*- mNarne t 43y /2 lq4 Dat All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 0017313.03 -- CHUB03ROUP OF INSURAN& COMPANIES Il II R 1.'; F..lr, n lnln 1-rirw I?.,arl. I` r IL,. Ir;� •,ar:u,rvr_ II„•✓,, .1,•r.: ,, ninr.� �r;� FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By . These Presents, That we, Clarke Contracting Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 4th day of April A. D. nineteen hundred and 96 WHEREAS, the Principal has submitted a bid, dated April 9 19 96 for Halifax Drive Storm Drain from Edwards Street to Victoria Lane CC-889 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Clarke Contracting Corporation Principal By: JOHN J. CLARKE FEDERAL INSURANCE COMPANY By: 0�" 6 , 4,0 Dou s A. pp Att ey in Fact PRI TED Form 15-02-0002 (Rev. 4-90) M-24705 (20M) U A. ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On4/04/96 before me, Christine M. Rapp,. Notary Public Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared Don cil a s A- R n pp Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, *' .t �� A 1 CHRISTINE M. RAPP � Q ; '• Comm. # 969193 6® ;� NOTARY PUBLIC- CALIFORNIA Q. _ Orange County Al yl 1 7� " '1__1FOft My Comm. Expires Jul. 9,1996 'A Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) _Corporate Officer(s) Title(s) SIGNER 1S REPRESENTING: Name of persons or entity(ies) _Partner(s) `Attorney -in -Fact _Other • • POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ OM59 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California -------------------------------------------------------- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in' such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth day of - March 1994 Corporate Seal Kenneth C. Wendel Assistant Secretary STATE OF NEW JERSEY ss County of Somerset FEDERAL INSURANCE COMPANY BY CI,U Gerardo G. Mauriz Vice President On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known and by. me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal OE05010 Acknowledged and Sworn to before me � on the date abj''e1 written. TNotary Public IDS= A. XAY(gn 31r" Pnttic. stIts of Th"r ]crow iS20 C avisriaoa E.Yr;ns Dact�r 2, 1994 PRR�fNTED Fam 15.10-0134 (Rev. 10.83) GENERAL M-SW27 (5W) U A. 0 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On YZkZ96 before me, Ann A. Takahashi, Notary Public , ate Name, Title of Officer-e.g.'Jane Doe, Notary Public' personally appeared John J. Clarke Name(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(A) whose name(a) is/am subscribed to the within instrument and acknowledged to me that he/may executed the same in his/hvOdmiF authorized capacity(im), and that by his/fir signature(g) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary ANN A. TAKAHASHI M COMM. # 981233 D allotary Public - Colifomla m LOS ANGELES COUNTY MY COMMISSION EXPIRES JANUARY 12, 1997 ---------------------------- OPTIONAL ---------------------------- Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. CAPACITY CLAIMED BY SIGNERS) INDIVIDUAL X CORPORATE OFFICER President Title(s) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(tes) Clarke Contracting Corporation DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DOCUMENT DATE SIGNER(S) OTHER THAN NAMED ABOVE � 5 i BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, S . J . BURKHARDT, INC. (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State.of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ----------- Dollars ($ 10% OF BID----- ) lawful money of the United States of Ar^arica, for the payment of which, well and truly to be made, we hereby bind ourselves and our heir and eas% ui our successors arr assigns, jointly and sevcraily, firmly by then-e presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, about to hand in and submit the Obligee a bid or proposal for the "HALIFAX DRIVE STORM DRAIN" in accordance with the plans and specifications filed in the office of the odligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 2ND day of APRIL 19 96 By S. f. BURKHARDT, INC. t n J Schm' z-Sec./Treas. HIN T ANCE COMPANY MI C HA Ey A. QUI qf EY, Attorney —in —Fact STATE OF CALIFORNIA SS. COUNTY OF ORANGE On _ APRIL 2 1996 , before me, M• TREDINNICR, NOTARY_ PUBLIC PERSONALLY APPEARED MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WrrNESS my hand and official seal. Signature OPTIONAL M. TREDINNICK t :2 COMM. 41053083 =' NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Expires Mar. 28, 1999 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-""' Rev. h/9; ALL-PURPOSE ACKNOWLEDGEMENT WASHINGTON INTERNATIONAL INSURAAe COMPANY • POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington lnterhatlonal insurance Comapny, a corporation organized and existing under the laws of the State of Arizona, and having -its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN BLUME, JENNIFER JOHNSTON MICHAEL A. OUIGLEY AND DWIGHT REILLY EACH /N THEIR SEPARATE CAPACITY its true and lawful attorneys► -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1 . The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in - Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY WHEREO�.�„t;/ hington International Insurance Company ha.; caused this instrument to be signed and its corporate seal to be affixed by 41-%' l yo Vier, this 2nd day of November, 1994. Ilk ,s `4�`•'Soon �tpG ASHINGTON INTERNATIONAL INSURANCE COMPANY CQRPC : - a , o ATE: e ; SEAL � �' .L,•t,c ARIZON p� o illiam D. Sterrett, Chairman of the Board STATE OF ILLINOIS�I COUNTY OF COOK) On this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. 5 "OFFICIAL SEAL" CwZISTmE ZARETSKY otukqu 11-tary Fu:iic, State of Illinois I istine Zaretsky, PotarPublic my C-nrr, sfrm Expires 10.7.96 , My Commission Ex, fires ctober 7 1996 CERTI046A;FE-r_ __ STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNA rIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. .i and sealed in the County of Cook. Dated he 2ND day of APRIL 19 96 Lewis M. Mo�:ller, Secretary FRONTIER PACIFIC• JNSURANCE COMPANY BOND NO. 4540-03 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we, R. F. PAULUS, INC., as PRINCIPAL, (hereinafter called the Principal), and FRONTIER PACIFIC INSURANCE COMPANY, a corporation duly organized under the Laws of the State of California and authorized to transact a general surety business in the State of California, as SURETY, (hereinafter called the Surety), are held firmly bound unto: as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of 35,000.00 Dollars, for the payment of which sum well and truly to be made, the said ,Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, for: NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, and if the Principal shall give bond or bonds for the faithful performance and/or for payment for labor and materials as required by the Obligee, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. Signed, sealed and dated this 5TH day of APRIL, 1996. R. F. PAULUS, INC. Principal By: Jaso Paulus/Vice President Surety By: 4,Ll- • FOR BID BONDS m m . O W • tJ� G Z O m C m O LL N C Z O m 0 m cc O IL N G Z O m C m O LL • • N G Z O m G m fY O LL • • FOR BID B • FOR BID BONDS • FOR BID@NDS • VEROONTIER PACMI INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd., Suite 850, Los Angeles, California 90048-5510 POWER OF ATTORNEY FOR BID BONDS • FOR W v v O Z v U) '9n0ht M Pk ` ljese prrovIlts: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office in Los Angeles, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bid bonds only, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company maybe affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to bid bonds only; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: HENRY F. WRIGHT JOHN P. BROOKS WILLIAM R. LAMBERT JERI S. SUMNER of PASADENA , in the State of CALIFORNIA , its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegation, as follows: BID BONDS ONLY CONTRACT AMOUNT NOT TO EXCEED $5,000,000.00 'lit Pitttres NIjrreof, FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles, California, has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this SON day of �r 19 9/0 FRONTIER PACIFIC INSURANCE COMPANY ti. tf+ =JULY25- izr i By Erik Rhulen, Vice -President STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) On 40ri! .5'. 104 before me, Pilar M. Landeta, Notary Public, personally appeared Erik Rhulen, 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 PILAR M. LANDETA . W COMM. #1006226 > Cn C/) NOTARY PUBLIC - CALIFORNIA m Q LOS ANGELES COUNTY My Comm. Expires SEPT. 30, 1997 Notary Public I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, 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. IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this S^�"� day of 440' 1 19 �p.IUg NS OW, i o ♦ _ •/fn JULY 25° 515 Z ♦/,,aprr. Joseph P. Loughlin, Secretary 0 m al8 uo:j • SUN08 a18 8o:j • SaN08 alb HOd • SaN08 alb d0:j • SaN08 Q18 HOA • SON08 Q18 FM 19 5002-BB-FP (12/94) w-9829.12194.2M CALIFORNIA ALL-PURPOSE ACKN0WL,E90MENT No. 5907 State of California County of Los Angeles On 4/5/96 before me, Kelly Pryor, Notary Public , DATE NAME. TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBUC- personally appeared William R. Lambert NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized KELLYPRYOR capacity(ies), and that by his/her/their a 1 • • COMM. # 1022M z ° "� = - Notary Public — Collfarnla signature(s) on the instrument the person(s), LOS ANGELES COUNTY or the entity upon behalf of which the ' My Comm. Expires APR 10. 1998 . person(s) acted, executed the instrument. WITNESS my hand and official seal. Z 6: �! Z' �' 4 1- � D_ "� �' - SIGtfURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Caroga Park. CA 91309-7184 CALIFORNIA A* -PURPOSE ACKNOfLEDGMENT State of California County of ORANGE I V la'- & , , On April 8, 1996 before me, Angelina A. Materon Notary Public Due Ndmy personally appeared Jason Paulus Name of Siper(s) 39personal.ly known to me OR proved to me on the basis of satisfactory evidence to be the person(s) whose the person(s) whose name(s) istare subscribed to the within instrument anc acknowledged to me that he/she/they executed the same in histher/thch authorized capacity(ics), and that by his/her/their signature(s) on the instrumcn, the person(s) or the entity upon behalf of which the person(s) acted, executed the r instrument. ITF�ON a�9.111 WITNESS my hand and official sea]. Mgndfure of Notary Tho%qh the dun below ism rcqWmd bylaw, it may prove valuable to persons relying an the d=mmd and could prevent fixxlulent reanachraft of this fam CAPACITY CLAIMED BY SIGNER C1 INDIVIDUAL(S) 0 CORPORATE OFFICER(S) . TM.ES(S) ❑ PARTNER(S) 11 umr= []GENERAL UATToRNEY-rN.FAcr 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR, C1 OTHER. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE • Fidelit and D6P`0Sit HOME OFFICE OF MARYLAND BID BOND KNOW ALL MEN BY THESE PRESENTS: land NO ...... ,3.05.171,19........ Company BALTIMORE, MD. 21203 BUSO CONSTRUCTORS, INC. Thatwe, .............................................................................................. .................................................................................... ..............................................................................................................................................................................................:... .............................. . as Principal, (hereinafter called the "Principal"), and ....... the FIDELITY AND DLPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto.............................CITY OF..HUNTINGTON BEACH.................................................................................................... ......... ............................... .................................................................................................................................................................................................. ..................................................................................................................as Obligee, (hereinafter called the "Obligee"), in the sum of........ TEN PERCENT OF THE TOTAi,.BID. IN--- - ------ „Dollars ($-101-of..Bid..) ...... - - ................... 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 ................................................................................................. .........GC-889.-..ILAL AX..ARxIIE..SPQR)"I..ARAZI�i.................................................................... FROM EDWARDS STREET TO VICTORIA.LANE ....................................................................................................................................................................................... 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 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 party to perform the work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this.................5th ............................................ BID DATE: APRIL 9, lAness ................day of ........... APRIL............................. A.D. 19.....96 .USO CONSTRUCTORS:.. ??G ..............................(SEAL) Principal Y. .<. /..�.................... 4�z Tilts FIDELITY AND DEPOSIT COMPANY OF MARYLAND ... 4BiARiBAi;A AWitness . .. .............. ... . . J. BE tire .... .... .... ............................. .... (SECAL) 0 BROWN ! ills ATTORNEY -IN -FACT 025d-150M, Approved by The American Institute of Architects. A.I.A. Document No. A•310 February 1970 Edition. Power of Attorney 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 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 Owen M. Brown of Anaheim, Califor t s rue and lawful agent and Attorney -in -Fact, to make, execute, seal an_& t "ver, for, its behalf as surety, and as its act and deed: any and all bonds and undertakings........ ° ATM e execution of such bonds or undertakings in pursu amply, to all intents and purposes, as if they had been duly at its office in Baltimore, Md., in their own proper perso The said Assistant Secretary does hereby certify 2, of the By -Laws of said Company, and is now IN WITNESS WHEREOF, the said Vice-Preq Corporate Seal of the said FIDELITY AND DEiI6 _Jules —, A.D. 19_1-1 A Assistant STATE OF MARYLAND COUNTY OF BALTIMORE �' C dse preseQt9°kfia71 be as binding upon said Company, as fully and and ackrl"`1e0ged by the regularly elected officers of the Company set f6• on the reverse side hereof is a true copy of Article VI, Section o� ecretary have hereunto subscribed their names and affixed the ,O ARYLAND, this ------ _____22nd------------- _----- day of ANY OF MARYLAND BY J,., Vice- esident On this ZZnd day A.D. 1923-_, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, 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 the day and year first above written. G---------------- ____ CAROL J. FAD My Commission 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 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 _____5th day of_------&PRR4-1r-------------------- ----- 19_0,E-. ------------------ ------- --------- Assisranr Secretary LI42k—012-4151 • • California: i, 23172 Plaza Pointe Drive BID BOND Suite 185 _B I—C Laguna Hills, CA 92653 CONTRACTORS BONDING (800) 274-9733 AND INSURANCE COMPANY (7114) 770-9805 FAX oval BoiidNo. N/A Premium included in Bid Bond Service Undertaking KNOW ALL MEN BY THESE PRESENTS: That we, BNB ENGINEERING, INC. as Principal, (hereinafter called the "Principal"), and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto CITY OF HUNTINGTON BEACH in the sum of ***TEN PERCENT OF THE AMOUNT BID*** not to exceed ***TEN PERCENT OF THE AMOUNT BID*** as Obligee, (hereinafter called the "Obligee"), Dollars ($ 10% OF BID ), 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 HALIFAX DRIVE STORM DRAIN FROM EDWARDS TO VICTORIA, HUNTINGTON BEACH, CALIFORNIA 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 in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 20TH day of MARCH A.D. 19 96 BNB E�TGI EERINGZC. GCS, [// Principal Witness Title Surety: Contractors Bonding and Insu nce Company By 4� 7 NJ KIMBERLY 1IFFITTS Witness DALE G. HARSHAW, Attorney -in -Fact C325d-100M, 8-75 198717 Printed in cooperation with the American Institute of Architects (AIA) by Contractors Bonding and Insurance Company. The language in this document conforms exactly to the language used in AIA Document A-310, February 1970 Edition II40 BndLHB 1.02-CAOI 1993 CALIFORNIA ALL-PURP04ACK ENT • State of[, - County of On personally appeared Name(s) of Signer(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personK whose name( istatpsubscribed to the within instrument and acknowledged to me that helslje/tbgy executed the same in his/h<tbeir authorized capacity(ye6�_and that by his/hox(thek signatureKon the instrument the person("s), or the entity upon behalf of which the persor'J4 acted, executed the instrument. before me, OA, 7 nn 11 __ me and Ttle o Officer (e.g., "Jane Doe, Notary Public") JUDY A. CALDWELL COMM. rE 1059895 ? California y Notary Public - Z %I- t . NGE CUNTY ORAO COMM. Expires MAY 25,19'" 0 Though the information below is not required by law, it may pr ve valuabl fraudulent removal and reattach Is Description of Attached Document Title or Type of Docu my hand and official seal. Of o persons relying on the document and could prevent form to another document. Document Date:,:5 .06 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee MIA N111,17315011 ❑ Guardian or Conservator ❑ Other: 7TTpof thumb here Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 01995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 • • State of California ) County of San Diego-) personally appeared Dale G. Harshaw, 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(s), or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. PAMELA T. ANDREWS •' comm. #1081488 n NOTARY PUBLIC CALFQRIA 0 V SAN DIEGO COUNTY Myy Commission Expires Commission 19,1999 (NOW ALL AM BY THRM PRESENTS that CONTRACTORS BOPI7M AND IJRIRANC6 MURANY. a corooretion duly omaniaed and exestino under the laws of the Rate of Washinatom and havino is orinooel offers in Seattle, King County, Washington, does by these presents make, eonatitub and appoint U A L L U. H A K S H A W of S AN Ll1 t G U U A it's true and lawful sttomeyan-hct, with full power and authority hereby conhrrod in its home, place and shad, to execute, acknowledge and deliver the bond(s) described above, and to bind the Companythereby as fully and to the same extent as reach such bond was signed by the President, sealed with thecorporate seal of the Company arid duly attested by its Secntery; hereby ratifying and confirming all that these may do in the promises. Said appointment Is made under and by authority of the following resolutions adopted by the Board of Drectors of CONTRACTORS BONDING AND INSURANCE COMPANY on dAlI994 RESOLVED that the President is authorized to appoint as attomay-in-fad of the Compon� �' R Cr • H A R S H A W with power and authority to sign an behalf of the Company those surety bonds which may from time to time be approved by RL Thiel or Barbara Thiel, In such penal sums and according to such conditions as maybe approved by R.L Thiel or Barbara Thiel. RESOLVED FURTHER that each Power of Attorney must set forth the specific description of the bond to which it applies, the name of the principal, the nomo of the obligee, the penal sum, the bond number (except for a bid bond whore there is no number), the identifying number of the attorney -in -fact, the identifying number of the Power of Attorney, and the name and signature of R.L. Thiel or Barbara Thiel; and may set forth the description and amount of additional minsurence or collateral, r any. RESOLVED FURTHER that R.L. Thiel or Barbara Thiel is authorized to establish a specific expiration date for the Power of Attorney and to modify that date from time to time as R.L. Thiel or Barbara Thiel deems necessary in his /her sole discretion; the applicable expiration date to be dearly set forth In any written Power of Attorney. RESOLVED FURTHER that, except as otherwise provided in the immediately succooding resolution, under no circumstances shall; (a) the contract amount for any bid, payment, performance, or combination payment and performance bond (i e, a performance and payment obligation in ore bond form) exceed $1,250,000 if the bond is guaranteed by the Small Business Administration; (b) the penal sum of any bond not guaranteed by the Sorrell Business Administration (other than a bid bond which is further restricted by clou» (c)) exceed $9,0D0,000; and (c) a bid bond which is not guaranteed by the Small BusinessAdministratlon be executed for a Job where, if the contract is awarded, the bond penalty on any performance bond, payment bond, or combination performance and payment bond (I.e., a performance and payment obligation in one bond form) to be executed pursuant to the bid bond is to exceed 33AM,D00. RESOLVED FURTHER that the above named Attomeyyndad is granted power and authority to exceed the applicable penal limits set forth in the immedistely proceding resolution for any bond in an amount equal to the amount of any additional reinsurance or of any cosh, tatter of credit or other socuriy reco ved as collateral security by the Company as inducement to Issue the bond, so long as the description and amount of additional reinsurance or collateral are sot forth in the Power of Attorney. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing resolutions in any Limited Power of Attorney is hereby delegated to the following persona, the signature of any of the following to bind the Company with respect to the authenticity and effectivsness of the foregoing resolutions as if signed by the Secretary of the Company. ILL Thiel, Barbara Thiel or Ann Oro ul. RESOLVED FURTHER that the signatures (including certification that the Poworof Attomoy is still in force and effect) of ILL Thiel or Barbara Thiel, and Notary Public, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Umited Power of Attorney itself as well as its transmission, maybe by facsimile; and such Limited Power of Attorney shell be deemed an original In all espods. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attomayin fact for the Company are hereby superseded. IN WITNESS WH§REOFe NJRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by R.L. Thiel and Barbaro Thiel, and its corporate seal to be hereto affixed i� It �� yy 4e CONTRACTORS BONDING AND INSURANCE COMPANY QP�o,(�PORgyG�Lyrrrr � • By: �+- rF t rw irk r R.L. Thiel SE ; o • SL. A� •i�arbrre Thiel c3 J • G / STATE OF CALIFORNIA—COUNTY OF ORANGE rrrr�Yy 1g79 '<" h'hgsHIN��p On 6 / 1 5 / 9 4 , before me, Yolanda Z. Vega, a Notary Public in and for the State of California, County of Orange, personally appeared R.L. Thiel and Barbara Thiel, porsonaly known to me to be the persona whose names are subscribed to the within Limited Power of Attorney and acknowledged to me that they executed the same in their authorized capackiss and that by their signatures on the Limited Power of Attorney CBIC executed the Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set hand e a ixe my o as ses a ey an year r bove written. YOLANDA Z. VEGA WMVCOAAM. 1010516 �e lVpipy PubOc — CatitalloORANGE COUNTY Cornet. Exyrae DEC 2. 1V91 Notary P in and for the Stet nle aiding at I The undersigned, acting under authority of the Board of Directors of CONTRACTORS BONDING APD NSURA PANT, hereby c r' s or in Ilau of Certificate of the Secretaryof CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the 0r el Power off is ad by said Company, and does hereby further cartiy that the said Power of Attorney is still in force and effect. GIVEN under m~ d. at 9 H 11 1 S, CA this 20 day of MAR 19 9 6 Att$1(091593) SECTION C 41 PROPOSAL for CC-889 HALIFAX DRIVE STORM DRAIN from EDWARDS STREET TO VICTORIA LANE in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTI ON 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 forty-five (45) working days, including pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, 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 guarantee 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 (60) days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER's default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the AGENCY's Notice of Award of Contract to the BIDDER, Caw the proceeds of the securit companying this bid shall become Oroperty 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 BIDDER" S BOND in the amount of $ which said amount is not less than ten percent (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: City fo Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Halifax Drive Storm Drain; CC- 889 February 28, 1996 Notice To All Bidders: Please note that the bid opening date and time found in the project Specification and Special Provision "Section A" page A-1 shall be changed from Tuesday, March 19, 1996 at 10:00 a.m. to Tuesday, April 9, 1996 at 10:00 a.m. This is to acknowledge receipt and review of Addendum Number one, dated February 28, 1996. Company Nam6 By : Dan'el . I art /i /, /,� lylvz., Date All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 0017313.01 63/20/1996 11:44 714-374-1573 HB PUBLIC WORKS PAGE 02 • 1 ' is City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO, For Halifax Drive Storm Drain; CC- 889 March 20, 1996 Notice To All Bidders: Please note that the separate single sided "Section C", bid proposal that must be returned per "Section B", instruction to bidders is missing page C-4s which has bid items number 29 and 30 and "total amount bid" boxes. Please add the attached page C-4s to your bid proposal_ This is to acknowledge receipt and review of Addendum Number two, dated March 20, 1 M. —?A/ Company Name By : Daniel P. Hart 4a, Z� 6 Date All bidders are requested to acknowledge the receipt of this Addendum with your bid Proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 0017313.02 03/26/1996 11:46 714-374-1573 I • HB PUBLIC WORKS • PAGE 62 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For Halifax Drive orm Drain; CC- 889 March 26, 1996 Notice To All Bidders: 1. Section 306-1.2.1 "Bedding" of the project specification states- The bedding shall be designated on the plans and conform to AGENCY Standard Plans; therefore for clarification please note that "vrl' or the distance between the outside diameter of the proposed storm drain pipe and the excavated bank is 6" as shown on AGENCY Standard Plan Number 308 2. AGENCY will require a bedding section of 16" of VV crushed rock base not 4" as shown on the approved project plans for all pipe, junction structures, catch basin and manholes for this project, please modify your bid accordingly. This is to acknowledge receipt and review of Addendum Number three, dated March 26, 1996. 1-77 Z Company Name By : Daniel P. Hart ZL/W Date All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Steve Krieger at (714) 536-5259. 0017313.03 • • PROJECT BID SCHEDULE Item stimated Item with unit price Extended No. uanti written in words Unit Price Amount 1 11 Install 18" RCP (3040 D) per Detail Sheet 1 of 5 ft. @ FIFTY FIVE -------------Dollars $ 5 5.00 / 1 f . $ 60 5. 00 00/100--------------- Cents Per lin. ft. 2 82 Install 21" RCP (2790 D)peer Detail Sheet 1 of 5 ft @FIFTY SEVEN = -----------Dollars $ 57.00/lf. $4,674.00 00 / 100---------------- 'Cents Per lin. ft. 3 59 hotall 24" RCP (2550 D) per Detail Sheet 1 of 5 ft. @ SIXTY ------------------Dollars 60.00/ 1 f . S 3, 540. 00 00/100------------=--- Cents Per lin. R. 4 67 Insdall 36" RCP (1990 D) per Detail Sheet lof 5 & @ SEVENTY----------------DollarS $ 70.00/1f_ $ 4,6gn nn 00 / 100---------------- cents Per lin. ft. 5 350 39" RCP (1890 D) per Detail Sheet 1 of 5 ft. @ ONE HUNDRED ---------- Dollars ion nn Z i f _3SggOgg_ 00/100---------------- Cents Per lin. ft. 6 930 hwall 42" RCP (1790 D) per Detail Sheet 1 of 5 ft @ ONE HUNORFn FT1/F ----- Dollars $ ln5 nn/1. 9.7.650.00 00/100---------------- Cents Per lin. ft. 7 1 J.S. type "A" per SUL 304 each @ TWENTY NINE HUND. FIFTY --Dollars $2g5o_o0/P;.j. $ 2, qqn nn 00/100-----------------Cents Per each 8 1 J.S. type "B" per Std. 305 each @FOURTY TWO HUND. FIFTY --Dollars 4 50 on/Pa $ 4, 2sn nn 00/100-----------------Cents Per each 9 3 Unst. J.S. type "D" per Std. 313 each @ TWENTY FOUR HUNDRED ----Dollars $2400, 00/ea, S 7. 200, 00 00/100-----------------Cents Per each 10 1 Cowt. J.S. type "D" per Std. 313, modified - no M.H. each @NINETEEN HUND. EIGHTY --- Dollars 1 gfin_ oo/Pa $ 1980.00 00/100--------------- Cents er each G1 S PROJECT BID SCHEDULE Item Estimated Item with unit price IExtended No. Quantity written in words Unit Price Amount 11 2 ConsL concrete collar per Stet 310 each @ SEVEN HUNDRED ----------Dollars $ 700, 00/ea $ 1. 400, 00 Cents Per each 12 53 Sawcut and remove exist. curb and gutter ft @ TEN DOLLARS ------------Dollars $ 10.00/ea. $ 530.00 Cents Per lin. & 13 6,534 Sawcut, remove, and replace existing A.C. pavement for storm construction @ FIVE ------------- ------Dollars $ 5.00 /e a . $ 32 , 6 70. 00 Cents er so. ft. 14 1 Construct curb inlet catch basin, W=T per Std. 301 with local each depression, per Detail Sheet 5 and opening per A.P. W.A. Std. Plan No. 300-1 @ ,TW 'NTY THREE WIN SEVENTjyo&gE $2.3J5_ — -2�75.-0-0 Cents Per each 15 1 Construct curb inlet catch basin, W=10' per Std. 301 with local each depression, per Detail Shed 5 and opening per A.P.W.A. Stet. Plan o. 300-1 @THIRTY THREE HUND. FIVE --Dom $ 3305.00 $3,305.00 Cents Per each 16 3 Construct curb inlet catch basin, W=14' per St& 301 with local each depression, per Detail Shed 5 and opening per A.P.W.A. Stet. Plan o. 310-0 e i h t five @thirty hund. twenty ollars $ 3528. 00/ea 10, 584. 00 Cents Per each 17 1 Consu= curb inlet catch basin, W=16 per Stet 301 with local each depression, per Detail Shed 5 and opening per A.P. W.A. Stet. Plan o. 300-1 @THIRTY EIGHT Hl1ND_ FTFTY-Dollars $ 3850_ n"n/pa $ i, Rgn._(�(� Cents Per each 18 877 Sawcut, remove and replace existing A.C. pavement for sewer ft tnain construction @ FIVE ------------------ Dollars $ 5_ n n f q flt. , 4, 3 2 5 n n Cents C-2s • • PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Ouantity written in words Unit Price Amount 19 6 Rzplacc existing 3/4" copper service lateral per Std. Plan 601 each @ THREE Hl1Nn_ FIFTY ----- Dollars $ $ 2.100.00 Cents Per each 20 1 Const. siphon assembly per details in Specifications each @ SIXTY TWO HUND---------- Dollars $ 6200.00/ea $6.200,00 Cents Per each 21 3 Const. inverted siphon assembly per details in Specifications each @ SIXTY ONE H11ND_ FOURTY NTftllms $_6149.00/ea 18.447.00 Cents Per each 22 279 Sawcut, remove, and replace existing A.0 pavement for water ft service construction @ FIVE -------------------Dollars 5.00 / f t _ 1, R 9 5 _ on Cents Per sq.I 23 437 ConsL 8" Class 200 A.W.W.A. C-900 sewer main with bedding & per Std Plan No. 503 @ EIGHTEEN ---------------Dollars _ nn / 1#_ $ 7 , Rfi11n Cents Per lin. fL 24 7 Remove existing 4" V.C.P. sewer lateral over storm drain, plug each and abandon two (2) ends @ ONE HUND. FIFTY ------- Dollars $ 1 so- no i , n50 An Cents Per each 25 7 Const. 8" x 4" wye or saddle and lateral Class 200 A.W.W.A. C-900 each PVC, conned to existing 4" V.C.P. lateral with adaptor @ THREE HUND. TWENTY FIVE —Dollars 3 5_ 001pa _ $ 2, 275, nn Cents Per each 26 1 Constsewermaribole base per Std Plan No. 504, manhole per Std each Plan No. 505, flame and cover per Std. Plan No. 513, coat all in - or surfaces with Sanwa (1001 min. 125 mil. thickness. City will supply shag, cone, frame and cover materials. @ TWELVE HUNDRED ---------Dollars $1200.00/ea $1, 200.00 Cents Per each 27 1 Const. sewer cleanout per Std. Plan No. 508 each @ FOUR HUNDRED ---------- Dollars $ 400. 00/ea S 400_ nn Cents Per each 28 1 Traffic control per Specifications and City Traffic Engineer tlnlp sum @ TW F i V F H iiNr)gF (1-------- Dollars $ Cents er lump sum C-3s 03/20/1996 11:44 714-374-1573 . 0 HB PUBLIC WORKS PROJECT BID SCMDUL19 lumv timmp com sum Total Amount Bid in Wor4s: TWO 00/100 IqIST 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 (0.5%) of the total bid and the portion of the work to be done by such subcontractor. 12% I California Structures, Inc. 24795 Fay Avenue 6% Hardy & Harper # 630 So. Hathaway 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 qONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) )ss. County of Orange ) STEVEN R. BIEBER t , being first duly sworn, deposes and says that he or she is PRESIDENT of BNB ENGINEERING, INC. 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 thereon 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. JUDV A. CALDWELL COL AA, i IOWN NN ,COMM. _ Colftwo COMM ExkCRANGEm � 1m BNB ENGINEERING, INC. Name of Bidder S &L' DC . 2-'-Z' Signature of Bidder 2602 S. HALLADAY STREET SANTA ANA, CA Address of Bidder Subscribed and sworn to before me this day of - -V - . , 199 -L NOTARY NOTARY SEAL C-4 • UTILITY AGREEMENT • HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known -as the HALIFAX DRIVE STORM DRAIN, (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 promises and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: APRIL 8, 1996 BNB ENGINEERING,. INC. Contractor PRESIDENT Title C - 5 DISfLLIFICA'CION QUESTIONIPAIRE 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? 13 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 CEICATE 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. Date: April 8, 1996 BNB ENGINEERING, INC. Contractor Z�� x(-9 By : Steven R. Bieber PRESIDENT Title C-7 &ERGROUND SERVICE ALRT 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 (2) working days before scheduled excavation. Dig Alert Identification Number. BNB ENGINEERING, INC. Contractor �&L e 62-L By: Steven R. Bieber President Title Date: April 8, 1996 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 • 0 BIDDER certifies that the following information is true and correct: BNB ENGINEERING, INC. Bidder Name 2602 S. HALLADAY STREET Business Address SANTA ANA CA 92705 City, State Zip 714 ) 641-3745 Telephone Number 620582 A/HAZ State Contractor's License No. and Class MAY 10, 1991 Original Date Issued MAY 31, 1997 Expiration Date Dan Hart March 20, 6 The work site was inspected by of our office on199-__. The following are persons, firms, and corporations having a principal interest in this proposal: Steven R. Bieber, President Paul M. Bieber, Vice Pres./Secretary 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. BNB ENGINEERING, INC. Company Name Signature of Bidder J ; •4.) JUDY A. CALDWELLCOMM. # 10598% '�Notary Public — Colifomia Steven R. Bieber ORANGE COUNTY V Printed or Typed Signature Subscribed and sworn to before me this - day of And, 1994 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three (3) public agencies for which the bidder has performed similar work within the past two (2) years: 1• �(`lgA,rC Wov-tc la.i Name and Address of Public Agency 2. 3. If.NSree.7E& Aa.-a K'LAaL. + -rb C.%trJ F"src.e.s• Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C - 10 • '. • 1` BNB �H.SL Sarda AnI6 CA WU �A[.�i�� ..dire ���• �iN JroM —Cr ?a MA I L �-b A- e App-li- (qq4 T,Me : f o:oo AM (,lT7 e-C #uAr(-i c17Y 2. r' 2C>06 A �v f• T �.- -�.v�G�lCK � ` Z�