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Garcia Juarez Construction, Inc. - 2006-08-21 (2)
RECEIVED BY: % CITY CLERK RECEIPT COPY ' k0l f Return DUPLICATE to City Clerk's Office (Name)J after signing/dating (Date) M CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION tau TO: Shari Freidenrich, City Treasurer FROM:�� DATE: SUBJECT: Bond Acceptance � I have received the bonds for _ %}.c� QXW Z%0AJ1 (Company ame) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 5/3 ' /a 1(t6':)A.XS&-,07- e,;- --�7/ Re: Tract No. CC No. 1-4�� �?ZL MSC No. Approved �/ - 06 (Coy cil Approval Date) Agenda Item No. /- , its City Clerk Vault No. 4 e / /, 00�-P #27 g:/followup/bondletter dnc RECEIVED BY: 0 (Name) L} q/I316 (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH F�B "I INTERDEPARTMENTAL COMMUNICATION TO: Shari reidenr/itch..,. (City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for (company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved OVL 1n4 Agenda Item No. _ (Cou cil Approval Date) City Clerk Vault No. #27 g1followup/bondletter. doc 0.� off City g of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Eric R. Charlonne, Construction Manager DATE: April 11, 2007 SUBJECT: Retention Release Payment Company Name: Garcia Juarez Construction, Inc. Address: P.O. Box 309 City, State and Zip Code: Brea CA, 92822-0309 Phone Number: (562) 984-7340 Business License Number: A260114 Local Address: N/A Notice of Completion Date:12/29/06 Contract Purpose: Retention Release for Cash Contract 1278, Residential Storm Drain Improvements within the Meredith Pump Station Drainage Area Project 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 retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the s Date Robert F ect at M01 time. eardsley, Public Works Director I certify that there are no outstanding Invoices on file. 's-fi(J-7 Date ri Freiden0ch, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. ._ /P -0r Date Joan Flyntr, City Clerk retention release memo11-05.doc 4/11/2007 8:34:00 AM PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 - 2000 Main Street Huntington Beach, CA 92648 R,ecordfd in Official Records, Orange County 'Torn Daly. Cleric. -Recorder Il,',l l!I! 111f i Ilf!I lull illil il!!1li'a Illi IIIII Ililf ill!I Ili!I lili!III NO F E E 2006000873802 09-.55am 12129106 2i2 207 N ',2 1 0 0o 0.00 0.00 0.00 0.00 0.00 0.00 0.00 'PACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Garcia Juarez Construction, Inc. who was the company thereon for doing the following work to -wit: RESIDENTIAL STROM DRAIN IMPROVEMENTS WITHIN THE MEREDITH PUMP STATION DRAINAGE AREA; CASH CONTRACT NUMBER 1278 That said work was completed December 14, 2006 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 14, 2006, per City Council Resolution No. 2003-70 adopted October 6, 2003. —�:- - -That-upon-said-contract-International Fidelity. 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 December 19, 2006. Di ector of Public Works or City Engineerfb< l2\=3 City of Huntington Beach, California STATE OF CALIFORNIA)_'- County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTIC OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of O nge County. Dated at Huntington Beach, California, this December 19, 200&- Director of Public Works or City Engineer ... ........ - -City of -Huntington -Beach', California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) -(�.059-TITLE PAGE (R7l95) FROM : PHONE NO. Apr. 18 2007 10:50AM P3 r-- �_ l f t r•-� =�' _�, r_�r.SS_O ✓1_ _ _ , sate and c: z fy chat. 'f�•G7,:y o�r�eC1dTG1:rJ �- 1. _ Garcia Juanaz Construction Inc. _ ___ is the general contractor to the City of HuutiAo m Beach ("Cir.yl ot► Contract No. _ i272_ (the "Conttact') for the =o tructiou of the pubic work of impt0 ✓srrtent entitled r~ r-, ru ✓ F'r�f'�t.TS c.✓V` -4,�A 'fke e !` e e .__. (the "Project"). ect"). 2. ALt work to be performed pursuant to the Colitmact has been completed in accordance vvi-fL the Contract Doeurnpmts (38 such term is dofrued in the Contract). 3. Excocpt for the clams liutod.bc low and the disported Claims listed in paragraph five (5), 2.11 -.pd:sonssupplying labor, services, materials and equipment to the Project, including au. cUhns agaimt the CoWwtor misiing from the performance of the Contract, have been. pa::m and wi8frA (list unpaid 3cbts and cls,bns; If none, write "NONE "VCw 4. Attrarhed hereto arc the lien waivers required by the Contract Documettt, which lieu wtdven. have been executed .yy all persons Vjw performed work on or suplplied tabor, s0!Mces, rnatetials, and/or equipment for use at t11e Project. 5. $et for h below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed purruant to the Civil Coda of the State of California (list all. disputed uhti=; if none, write "NONE"): I declare u tiler penalt;: of ptuzy under ai.a lays of the State of California that the foregoing is true and correct. Exect►tcd at �or�� ��a G� an this of l 20c7: j gna eci&rant) AFMOVI D AS TO FORM 4 1.V0 -iL� 3. yD oC� Name:. [Type-Namej Title: (Type Title] t . f4%14.1 FROM : PHONE No. Apr. 18 2007 10:50AM P4 CertT"dwi of Compliance with TWO IM of tlae Civil Rights .Act and Equal }employment Oppertaulty Act of 1972 To: City of Huctingtoo.. Bea.;h Npartmeni of P'sbha works :2000 main Street/P.O. BOX 190 Huntbigtori Beach, CA 92649 Re: Certification of Complian" with Titlo V(1 of the Civil Rights Act and Equal Emplcrymeot Opportunity Act of 1972 Coutmet: No • 0 7 ? - Projoet: (��s.c.'eyt t►c� �' Sn� r, r� .H .�J�r �e.�•e,F-t'� The midxasigned contractor on the al)ove-re.-&renced project ("Project') hereby cerii$ss that it Etas campli►sd with Titk V11 of tha Civil Rights Act, the Equal. Opponwity Act of 11972 and Executive -Orde► 11246, and has wt discriminated against any employee or appliort for., employnuct because of race, creel, color, sex, national origin, age or disability. The undomignixi contractor also certifies that it has nvt maintained any segregated facilities at it5. estebL tut►E�tts on the basis of race, creod, color, sex, national origin., age or disability (with the exaeptlonufaowss kr tre disabled). I dmlruv snider panalry of perjury cn3er the laws of tbz State of CaMruja that the foregoing is trot &a4 exreot. EXecided Buis date of r' , 20 07, at �G� I��a � California. Garcia Ju By: Nextte: [' e Title: TYps t U5711.1 I - a 3 ` 36. CX4 FROM.: PHONE NO. Apr. 18 2007 10:49AN P2 L is Certi scation of c(mphatnce with Prevailing Wage: Laws To: City cf Hw-ti:_,.gton Dcf.ch Departm-_m of Public Works 2000 Main Streei/P.O, Bex 190 Hunt*ioR Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: /Vo._ / a 7 g _.. Pr4jbC;t:. e1ic.�E�, C, The rzdemigrned contractor on the move-rofercnced TToject (" Project'J hereby certifies that aU laborm, awhanios, apprentices, traineca, watalmea and guards employed by him or by any subcorrti'acft perfo=ing work under- the contract for the Project have been paid pursuant to the ft iyhamm wage and bona. fide (tinge bmsfit •requir=ants specified for emh particular claWficai-an of work, as set forth in the wage -rate demrmixiations of the State of Calii'orai% Dgartm4a!1 of Industrial ReMom, aa(Llor the United `states Department of Labor. I dedlue undmr penalty of perjury jan.der the laws of tite State of Caiifornia that the foregoing is true tad con-ect. Executed this A,— day of ,10 off , at � ��a Uifomia. Garcia Juar z C struction Inc. _ (Type Ccai-ry�el By: Name: ;Type Ti e A'J"PORNSY TW6. L l 2475411 ;ompany Profile Page 1 of z ;ompany Profile INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER zoTH FL NEWARK, NJ 07102-5207 Agent for Service of Process DOROTHY O'CONNOR-MANSON, 1575 TREAT BLVD. WALNUT CREEK, CA 94598 Unable to Locate the Agent_ for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 11592 0000 4341-4 February o9, 1996 UNLIMITED -NORMAL Property & Casualty NEW JERSEY Lines of Insurance Authorized to Transact Che company is authorized to transact business within these lines of insurance. For an explanation of any of these erms, please refer to the glos_sa.ry. SURETY Company Complaint Information Com.Pany_ Enforcement. Action Documents _.. Comhany_Performance _& Comparison Data Compos.iae.__Com.paa_int..Stud.i_es Zttp://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_proPp_EID=6097z 3/30/2007 .ompany Profile Page z of z Want More? Help Me Find a CompanyRepresentative in My Area Financial Rating Organizations Last Revised -January 17, 2007 1z:57 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utt.get_co_proPp_EID=6o97z 3/30/2007 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance i l have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. / 00A)-�7- el - Re: Tract No. CC No. O� MSC No. Approved 1106 (Co cil Approval Date) Agenda Item No. City Clerk Vault No. #27 gJfollowup/bondletter doc CONSENT OF SURETY OWNER ❑ TO FINAL PAYMENT ARCHITECT ❑ Bond No: 0431439 CONTRACTOR ❑ Executed in duplicate SURETY OTHER ❑ TO OWNER: ARCHITECT'S PROJECT NO.: (Namv and addrecc) City of Huntington Beach Residential Storm Drain Improvements 2000 Main Street, PO Box 309 CONTRACT FOR: within the Meredith Pump Station Draining Area, Huntington Beach, CA 92648 Cash Contract 1278 PROJECT: CONTRACT DATED: (Name and addmz) Residential Storm Drain Improvements In accordance with the provisions of the Contract between the Owner anti the Contractor as indicated above, the (Insert nine and addrtv afSureo j International Fidelity Insurance Company 1575 Treat Blvd., Suite 208 Walnut Creek, CA 94596 , SURETY, on bond of (Insc rt name and address of Conlmrror) Garcia Juarez Construction, Inc. PO Box 309 Brea, CA 92822-0309 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment co [he Contractor shall not relieve the Surety of any of its obligations to (Incerf name and addrv.%v ofOrruer i City of Huntington Beach 2000 Main Street, PO Box 190 Huntington Beach, CA 92648 , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: prnYn In u•ridrtt rbe month follouerllm (be nunrrric• dareaud,rtrrr.) February 1, 2007 International Fidelity Insurance Company (.Srur(r/ (Sltrrcuure afuruharltcrl rrprrsrnrurirrl Attest: (Seal): Joan M. Wynn, Attorney -in -fact Wdlifer(nume mrd rif1cy STATE OF California SS. COUNTY OF Orange On Fehruar 7 1 , 2007 he.16re me, R. Haas -Bates, Notary Public PERSONALLY APPEARED Joan M. personalty known ro ntc Kyr){cKt ,� jp�tXryt§ �(vQ jt§L s�cj( �{t ctPA K K&&WKQd to be the person(.yo whose name(x) islxrr .subscribed to the within instrument and acknoi4edged to me that hoesheA&n. executed the same in.ttis/her/thyauthorized capacitv(ikyj. raid that b,XXhk iaer4jKk signature(y) on the instrument the person(x), or the entity upon behalf of which the person(X) acted, executed the instrument. WITNESS mY hand and official seal. OPTIONAL 0 Rco� 1BAT� 3 rm NOTARY PUBLIC:-CALIFORNIAG ORANGE COUNTY (� COMM. EXP. MANCH 2, 20081 This area for Q1Jicial 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 (N ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER. SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I0-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT W 11_E1A1V1'J T KR11V , 1-MUINAKU 1—I1V111N3& I, JUAN 1VL. W YININ, 1V111 t1Hl L J. LAMN, I,LU1: Mr-K1V1AN, SERGIO D. BECHARA, REBECCA HAAS-BATES Irvine, CA. ................................................................................................................................................................................................................................................................................. its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, a-ny and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,_ required or erm rtted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully. and amply, to all. intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney .is executed, and maybe revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1P974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to: authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory. in the nature thereof and, (2).To remove, at any time, any such attomey-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers 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 power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bind mg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the furore with respect to any bond or undertaking to which it is attached. TY /Nf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE COMTANY c SEAL m 904 STATE OF NEW JERSEY County of Essex y JE5 Secreta On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. L�IAIN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said. Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this Is day of February,2007 Assistant Secretary INTERNATIONAL FIDELITY INSURANCE COMPANY Executed in Duplicate MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. 0431439 Premium NIA That we, Garcia Juarez Construction, Inc. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duly organized and by the virtue of the laws of the State of New Jersey and authorized to become sole surety on bonds in the State of California, as Surety, are held and firmly bound unto the City.of Huntington Beach, hereinafter called the Obligee, in the just and penal sum of Two Hundred Thirty Thousand Eight Hundred Sixty Five and no/100 Dollars ($230,865.00), lawful money of the United States of America, to be the payment of which well and truly to be made the Principal binds itself, its successors and assigns, and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal hereby guarantees against defective workmanship and material for the following improvements: Residential Storm Drain Improvements within the Meredith Pump Station Drainage Area — Cash Contract 1278 PROVIDED, HOWEVER, that this bond is subject to the following conditions and provisions: 1. This bond is for the term of one year(s) from the date of acceptance of the work by the Obligee. 2. In the event of default by the Principal in the performance of the maintenance during the term of this bond, the Surety shall be liable only for cost of maintenance up to the termination of the term of this bond. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless same be brought or instituted and process served upon the Surety after the expiration date of the bond. Signed and sealed this I" day of February, 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY By:�J William S k' / Attorney -in -Fact VN VED TO F RM/ R7410,7NIFE McGRATHI C Attorney CALI OF N5A ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On /l1, 21511b-7before me, Vienna Linda Galindo, Notary Public Date 11 Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Jim Jackson 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 acknowledged 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, p executed the instrument. r r i- f nt -IF Ml Earn ` I i ,2'"q WITNESS my hand an\offi;ic I sea / OPTIONAL Though the information below is not required by law, it may prove valuable to persons rel, fraudulent removal and reattachment of this form to another Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual j� Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Top of thumb here Signer Is Representing Garcia Juarez Construction, Inc. Signer's Name: 17 l the docibment and could prevent Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OPSIGNER: '''.- i of thumb here— KyKy.; 0 1995 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 5'%ATF.OF California COUNTY OF Orange February 1, 2007 hefi)re me Joan M. Wynn, Notary Public Orr SS. PERSONALLYAPPEARED William Syrkin personalli, known to me �frS�tXrbf X # }4 �4?Q FI}e}Q}dt fXt Xil dcX�St S XX?QX XX) to be the person(,V whose nameN islXFe subscribed to the within instrunu<nt and acknowledged to me that he/htla'&XXX executed the same in his)AKAW(Wathorized capacit'v(&N. and that bs, his/1x y4X signature on the instrument the person(X), or the entity• upon behalf of which the pe rson(Q acted, executed the instrument. 6VITNESS mY hand and official seal. Signature OPTIONAL U JO�oMN�A#'isizs�s • NOTARY Pl1BIJC.C.ALIt TMRNfA� COMM. EXP. APRIL 24, 2009 This area fin 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 reatitachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NANIF OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV 5t01) ALL-PURPOSE ACKNOWLEDGEMENT Tel (973) 624-7200 POWER .OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:.ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BW BOND/RIDER/CONSENTS/AFFIDAVITS. KNOW ALL MEN.BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal .office:in the City of Newark, New Jersey, does hereby constitute and appoint ...................... :................................ ....................................................................................:..................................................__......................................_................._ ._ ..... __ ... WILLIAM SYRKJN,:LEONARD ZIMINSKY,_JOAN M. WYNN, CLOE BIERMAN, SERGIO D. BECHARA, REBECCA HAAS-BATES Irvine, CA. ........................................ .............................................................. .................................. ..................................................... its true and lawful attorney(s)-in-fact to execute., seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings:obligatory. in the nature thereof, which are or may be allowed, required or permitted by law, stature Wile regulation, contract or otherwise, and the execution. of :such insdimient(s) in. pursuance .of these .presents, shall be as binding upon the said INTI�RNr�TTONAL FIDELITY INSURANCE COMPANY; as fully and amply, to all tntents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any: Vice President,Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings: obligatory in the nature the and, (2) To remove, at anytime, any such attomey-in-fact and revoke the authority given. Further this Power: of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a'true excerpt: Now therefore the signatures of such officers 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 power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, QVTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE COMEWY STATE OF NEW JERSEY County of Essex Secreta rZ On this 29th day of August 2003, before me came the individual who executed the preceding unstrument, to me personally known and, being by me duly sworn, said the he wthe therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANNr; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. OAR QG IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. c NOTARY t. PUBLIC ti HERS A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 1st day of February 2007 Assistant Secretary 4' l Council/Agency Meeting Held: Z/ Ob Deferred/Continued to: Approved, ❑ Conditionally Approved Council Meeting Date ❑ Denied 8/21 /2006 ZUUb AUU -J IAH II; Z)3 � 0, E CI' '.' OF '!T `'G"fQiJ EEACH City r ' Signature Department ID Number: PW 06-057 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, CITY TRATOR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUB IC WORKS SUBJECT: Award Construction Contract for the Residential Storm'Drain Improvement Project, CC-1278 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 25, 2006, bids were received for the Residential Storm Drain Improvements for the Meredith Pump Station Drainage Area Project, CC-1278, and the project is ready to be awarded. Funding Source: Funds in the amount of $150,000 are available from the General Fund Capital Improvement Reserve (CIR), Account No.10040314.82600. The engineer's estimate is $150,000; however, the project cost will be approximately $250,000. Sufficient unexpended funds are available in the CIR budget from projects that will not be completed this fiscal year. These funds will be transferred to supplement the original funding. EPA grant funds for the project will reimburse the General Fund CIR for any amounts in excess of $150,000. Recommended Action: Motion to: 1. Approve the project plans and specifications Improvements, CC-1278; 2. Accept the lowest responsive and responsible Construction, Inc. in the amount of $207,065.00; 3. Authorize the Mayor and City Clerk to execute approved by the City Attorney; and for the Residential Storm Drain bid submitted by Garcia Juarez a construction contract in a form 4. Authorize the Director of Public Works to expend up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids and direct staff to re -advertise or abandon the project. _ /� 0 REQUEST FOR ACTION MEETING DATE: 8/21/2006 DEPARTMENT ID NUMBER:PW 06-057 Analysis:The City's objective for this project is to address flooding issues within the residential neighborhoods served by the Meredith Storm Drain Pump Station. The Project will widen several deficient catch basins, install a cross gutter at the intersection of Jon Day Drive and Brookhurst Street frontage road, and increase the diameter of several undersized storm drain pipes. Bids were opened publicly on July 25, 2006, and are listed in ascending order: Bidding Contractor Bid Amount 1) Garcia Juarez Construction, Inc. $207,065.00 2) Lusser Company, Inc. $322,687.50 Garcia Juarez Construction, Inc. has completed numerous jobs for the City, including a water main installation underway. Staff recommends that the City Council accept the bid from Garcia Juarez Construction, Inc., the lowest responsive and responsible bidder. The increased cost above the engineer's estimate can be attributed to the current economic climate and the associated unstable cost of construction materials. A contingency of approximately 15% is requested for this project due to the potential for unforeseen conditions. These funds are intended for use only in the event that field conditions warrant an additional expenditure. In compliance with Resolution No. 2002-119, prior City Council authorization is necessary so that construction will not be delayed. Public Works Commission Action: The Public Works Commission reviewed and approved this project on June 21, 2006 by a vote of 5-0-2 (Spencer and Scheid absent). Environmental Status: The work performed will be within the existing right-of-way and on existing City facilities, and is Categorically Exempt under CEQA section 15301. Attachment(s): G:\R C A\2006\06-057 Aug 21 Erdman (Award CC1278 Storm Drain Improvements).doc -2- 8/8/2006 7:41 AM ATTACHMENT #1, MEREDITH GARDENS STORM DRAIN IMPROVEMENTS, CC#1278 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS • • RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for the Residential Storm Drain Improvement Project, CC-1278 COUNCIL MEETING DATE: August 21, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable ❑ (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Not Applicable ❑ (Approved as to form by City Attorney) Certificates of Insurance A roved b e orne pp y thCity Attorney) Attached Not Applicable El( Fiscal Impact Statement (Unbudget, over $5,000) AttachedNot Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) AttachedNot Applicable ❑ Commission, Board or Committee Report applicable) If a p ( pp ) Attached Not Applicable El Findings/Conditions for Approval and/or Denial pp Attached Not Applicable ❑ ®', EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) City Administrator (Initial) ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: D. Erdman • • ��idc►�iaf 6�br,mkm'r, lywpro&mujf6 cc BID DATE: ��u��7 � TIME _ D O Engineer's Estimate: $ BID LIST BIDDER'S NAME RANK . TOTAL BID A" oU Y 32 2 MAIL 4. ts 6. $ 7. $ 8. $ 9. $ 10. $ ll. $ 12. $ 13. $ 14. $ Me 0 I J CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntinqton Beach, CA 92648 Fax (714) 374-1573 Date: June 30, 2006 Project/C.C. No.: C.C. No. 1278 Regarding: WARNER AVENUE GRAVITY SEWER ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies' , Pages Description 1 1 2 Notice Inviting Sealed Bids for 2 Residential Storm Drain Improvementr, CC-1278 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please find attached the Notice Inviting Sealed Bids for advertisement on 7/6/06, 7/13/06 & 7/20/06. Bid opening is scheduled for 7/25/06 @ 2:00 pm. Please contact me at 374-1735 with any questions you may have. c: file By: 71) Dotiglas A. Erdman, Associate Civil Engineer GACONSTRUCnON CONTRACTS (CCS)\CC1278\PRE-AWARDVOB HOUSE\NISB TRANSMrrAL To CLERK CC-1269.DOC SECTION A NOTICE INVITING SEALED BIDS for the RESIDENTIAL STORM DRAIN IMPROVEMENTS CASH CONTRACT No. 1278 in the CITY OF HUNTINGTON BEACH FA.yG►-- /--iz- — 6130%6 • AuaU sue- 7/4/06, 7/i3/o 6, 7/?z /66 PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on July 25, 2006. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $20.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of A-1 the bid opening. The successful Contractor and his subcontractorswill be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 12th day of September 2005, by Resolution No. 2005-64. Attest: Joan L.Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 2006 JUL 25 PH 2: 01 H U N'T I" B 1-1 RECEIVED 2006 JUL 25 Pil 1: 59 C. I -fi,%" op T G'T CIN F', E AFt FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF'HUNTINGTON BEACH AND GA,rG tee 3-40,re%..`` Go+�sfir.,.cN�ed, (,. v%,-. AEFtsM4 �TR fi�it.P4is.r E ffi'i4 TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON -ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 1 TABLE OF CONTENTS, continued Page No. 33. ATTORNEY'S FEES 17 34. INTERPRETATION OF THIS AGREEMENT 17 35. GOVERNING LAW 18 36. DUPLICATE ORIGINAL 18 37. CONSENT 18 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 18 39. CALIFORNIA PREVAILINGWAGE LAW 18 40. CALIFORNIA EIGHT -HOUR LAW 19 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 42. EMPLOYMENT OF APPRENTICES 20 43. PAYROLL RECORDS 20 44. FEDERAL PARTICIPATION 21 45. DAVIS-BACON ACT 21 46. DISCRIMINATION, MINORITIES, ALIENS 21 47. EQUAL EMPLOYMENT OPPORTUNITY 21 48. COPELAND "ANTI -KICKBACK" ACT 22 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 51. ENERGY CONSERVATION 24 52. HOUSING AND URBAN DEVELOPMENT 24 53. ENTIRETY 24 2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CJA(LCiA ZILkArB Z C;onS-�r�+�,c. ►ch.t -LAC,. FOR IAen�.a1 skC.r rroveMents %n t i t r6 d ► tom Plop s�4.4-E-%'*#% bra.Z^a!1e _Arm THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and d4q'G�k ZY4&4a`e L �o+1T rue d� a C6119°roA ►ov% hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as I +►� r tm e it s ic W 1 twin 1} oe mg rg j ►l- i% MA S .f��. in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuantto this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items," services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, ftom any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited agree/citywide/revisions/federal 8-05 1 to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK,• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard ' Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, " published by Builders'' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern agree/citywide/revisions/federal 8-05 2 California chapter of the American Public Works Association andtheSouthern California District Associated' `General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under" the provisions of this Agreement or the Contract Documents, a sum not ' to exceed . X O fia.tQ(IV ✓ .jai YE.rt> J�oa SRvt ai .Six?51 liva' Dollars ($ 24 7 O 65.0', as set forth in the Contract Documents, to be paid as provided in this Agreement., agree/citywide/revisions/federa18-05 3 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECTto completion within f/�� O consecutive GJ/��„ !J✓s' S from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in, conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall` CONTRACTOR make any agree/citywide/revisions/federal 8-05 4 changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing; data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability, 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance' agree/citywide/revisions/federal 8-05 5 for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED 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 working 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 CITYwould 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 4,14" AwdA00", Dollars ($Z 4949D. *�- ) per day for each and every working day's delay in completing the work in excess of the number of working days agree/citywide/revisions/federal 8-05 6 set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. agree/citywide/revisions/federa18-05 7 No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of. materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing; materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly, B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/citywide/revisions/federal 8-05 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities_ listed in the bid schedule will not govern =final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the, plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section.DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable- adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is ,such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW,; less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, agree/citywide/revisions/federal 8-05 9 if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement 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 at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement, 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. agree/citywide/revisions/federa18-05 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance_ of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall agree/citywide/revisions/federal 8-05 11 furnish to CITY a certificate of waiver of subrogation under the terms of the workers'- compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limitbodily injury and property damage, including' products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; agree/citywide/revisions/federal 8-05 12 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR, under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD -PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within; the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has agree/citywide/revisions/federal 8-05 13 been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon, such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become' due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days' written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/citywide/revisions/federal 8-05 14 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by 'enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/citywide/revisions/federal 8-05 15 TO CITY: TO CONTRACTOR: City of Huntington Beac4 %arc sl Juskroz ATTN: l�4t//d iP.�rJ E-ConstructionInc. 2000 Main Street O. 309 Huntington Beach, CA 92648 Br", CA 9282243309 30. SECTION HEADINGS The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. 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. agree/citywide/revisions/federal8-05 16 me-muL mio-#&O A3 B*la 33. ATTORNEY' S FEES In the event suit is brought by either parry to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date agree/citywide/revisions/federal 8-05 17 of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legalholidayand overtimework in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each agree/citywide/revisions/federal 8-05 18 worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 40. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1915. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agree/citywide/revisions/federal 8-05 1:9 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. -44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federalfundsare financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 45. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply agree/citywide/revisions/federal 8-05 20 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 US'C Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. agree/citywide/revisions/federal 8-05 21 To ensure compliance with these requirements,, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.)as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. agree/citywide/revisions/federal 8-05 22 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water PollutionControl Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201 et seq.). agree/citywide/revisions/federal 8-05 23 52. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 20 ob agree/citywide/revisions/federal 8-05 24 CONTRACTOR CITY OF HUNTINGTON BEACH, a mun' ' al corpora ` of the State of California Garcia ju-skrez t:0nstruqtIqn Inc' Mayor 6rsa, 828 2-030 By: City Clerk print name ITS: (circle one) C esiden ice President APPROVED AS TO FORM: ND�'�''�-�' 6 D 6 City Attorney is By: Q,/ INITIATED ND APP VED: print name ITS: (circle one) ecre Chief Financial Officer/Asst. Secretary - Treasurer Director of Public Works.��� REVIEWED AND APPROVED: ty Administrator agree/citywide/revisions/federal 8-05 25 I'llop itowl l ie utoo XOF). CALH ORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On /`(u9c--.s-f- 29,,206C before me, Vienna Linda Galindo, Notary Public Date Name and Title of Officer e. ( g., "Jane Doe, Notary Public") personally appeared . Jim Jackson 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 acknowledged 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), cornmission. #1569051 ,. ALlNDAGAUor the entity upon behalf of which the person(s) acted, Com51 Notary Public -California executed the instrument. Los Angeles County MyCottxlt.istwes4d14,2009 WITNESS �nyJ"and official seal. OPTIONAL ' Though the information below is not required by law, it may prove valuable to) fraudulent removal and reattachment of this form Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing Garcia Juarez Construction, Inc. Signer's Name: 07 ring on the document and could prevent document. Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMSPRI s OF SIGNER: Top of th=15 here 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 SECTION C "Ex �flaiT rA PROPOSAL for the RESIDENTIAL STORM DRAIN IMPROVEMENTS Within the MEREDITH PUMP STATION DRAINAGE AREA CASH CONTRACT NO. 1278 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and 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 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find bla Bm.,m( in the amount of $ /19"5 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or idder's on ', as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange —,J' ; �1 �c.&scp� , being first duly sworn, deposes and says that he or she is P f pg T-- of Garcia Juarez Construction Irtge party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this ZS NOTARY PUBLIC Garcia Jerez Construction Inc, S PO Box 30� Address of Bidder day of , 2006 . VIENNA LINDA GALINDO • Commission.01569051 Notary Public • California Los Angeles County My M�4 Cm. lipsm 4d 14, 2009 NOTARY SEAL LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. 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 RESIDENTIAL STORM DRAIN IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7/Z5,� GG ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer is Representing: Garcia Juarez Construction, Inc. IOMM I: Title Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER: .. . ®1995 N811onal Notary Assocta8on - a= Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309-7w Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 PROJECT BID SCHEDULE Item :: Estimated :::::::::: ': Ztem :its :unit:pace::::: ;::::::: »::::::::::::::: »::::::::::::::: Extended;:;:: No: ' .....::::::::::::.. uanti t3 ..........................writt .; .. . ..........:.:.:. n:in:words::::::::::::::::::::::::::::::::::::'t'j— ;................. :Price....... .......... mount:: 1 1 Mobilization L.S. @ rVe- 14COtJ5e MGQ Dollars $ S wo - $ 000,-- �'E=iO Cents Per L.S. 2 1 Traffic Control L.S. @ TIy F e C9trSC..+� Dollars $ (! — $ 3, 000- 2e{0 Cents Per L.S. NPDES Compliance (NOI, SWPPP) and Implementation (BMPs, Monitoring, Sampling and Maintenance) Inclusive, but limited to: all 3 1 labor, materials and permit fees L.S. @ (afW� Dollars $ Ow, $ LZGrO Cents Per L.S. Sawcut and Remove Existing AC Pavement for Proposed Cross 4 1775 Gutter S.F. @ One Dollars $ r, _ $ I, 775. T '?�-IrO Cents Per S.F. 5 1 Remove and Relocate Existing Parkway Drain Per HB Std. Plan 312. EA. @ �T-&e 7ryL-t-O& crpollars $ G2^�D. $ 3 060. Z1 t?r O Cents Per EA. 6 100 Remove and Reconstruct Ex. 8" Curb & Gutter per HB Std. Plan 202 L.F. @ f r-(�y- ' #VP- Dollars $ SS.� $ SVC)," ,2P—f O Cents Per L.F. 7 1050 Remove and Reconstruct Ex. Cross Gutter per HB Std. Plan 205 S.F. rif- @ [ 'i" N-n Dollars $ z?�--t O Cents Per S.F. 8 1700 Remove and Reconstruct Existing 4" Sidewalk per Std. Plan 207 S.F. @ p� /'S�9t Dollars $ �• $ 13 600-- 2'ff a Cents Per S.F. 9 8 Construct Existing ADA Access Ramp EA. n @ ! w 0 �``� 1f Dollars $ 2,0001— T. 0 Cents Per EA. 10 1 Repair/Replace Damaged Irrigation/Landscaping in Kind L.S. @ (� n p u f244( Dollars 2f t'0 Cents Per L.S. C-1s PROJECT BID SCHEDULE Rein:: Esfimatec :::::::::: Ikein;:i it :t:price:::::::::::::::::::::::.::::tended.. . ......:.:..,......................:................... uanti .::::::: '. .........................:..: ::::::::::: writteii:in:wo s:::::::: ::::::::::.:.::::::: ..................................I............................. ... Uiiit:Price::::::.. ................. rt t:::: oafl . ................. 11 4 Remove Tree & Grind Stump 24" Below Top of Sidewalk / Grade EA. @ Ae 40U1SaAA Dollars $ t f 0 Cents n' id Per EA. � d 12 8 Construct New Tree Well EA. ��-- t @ f TVA / L&Yt*kMbf)ollars $ -TOO.— $ ?��r O Cents Per EA. 13 8 Plant new 24" box tree per HB Std. Plan 714 EA. @ aA f"H^mwS&*c d Dollars $ 1.000— $ Cents Per EA. Furnish and Install 24" RCP Storm Drain Pipe per HB Std. Plan 308 14 82 and repair pavement perHB Std. Plan 606A L.F. @ L�i�/s�w�i`d n;V.,r7/ Dollars $ $ e-r O Cents Per L.F. Extend Existing Curb Inlet Catch Basin Per Modified Catch Basin 15 7 Extension Detail A, Sheet 2. EA. @ ! �� �� /yf.4 0' Dollars $ 76VV $ — f4:::: �?CTO Cents Per EA. Remove and Reconstruct Curb Inlet Catch Basin per Std. Plan 301 with Local Depression per Std. Plan 302 and modify per Detail A, 16 1 Sheet 3 if required. EA. @ 'r`SA+- V4Wt,S4*9 Dollars 1� e-rO Cents Per EA. Remove and Reconstruct Local Depression per Std. Plan 302 and 17 8 modify per Detail A, Sheet 3, if required. EA. @ 4-e— vt Auxn&trftbollars $ .500,E $ Cents Per EA. Total Amount Bid in Figures: $ O 0 C Total Amount Bid in Words: % ..� ��•-� r� ��.► ! o.................................... ...........................................................................................�......................................................�......�r-s..:�.. v e a ,t IL 1 13 C-2s r � r THE AMERICAN INSTITUTE OF ARCHITECTS E AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Garcia Juarez Construction, Inc. (Here insert full name and address or legal title of Contractor) P.O. Box 309, Brea, CA 92822 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company (Here insert full name and a ress or legal title of Surety) 1575 Treat Boulevard, Suite 208, Walnut Creek, CA 94598 a corporation duly organized under the laws of the State of New Jersey as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) Huntington Beach, California as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid Dollars ($ 10.00% ), 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. WHEREAS, the Principal has submitted a bid for Residential Storm Drain Improvements (Here insert full nante, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th (Witness) (Witness) See Attached Surety All -Purpose Notary Acknowledgment Form day of July iEi 2006 International Fi elity Ins rance Company By. f (ure ) (Seat) Mark E. AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINCTON, D. C. 20006 ® Printed on Recycled Paper 9l93 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS Angeles On 25 . CEO before me, Vienna Linda Galindo, Notary Public Date Name and Title of Officer (e.g., "Jane Doe. Notary Public") personally appeared Jim Jackson Name(s) of Signers) personally known to me — OR — O 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 -, VIENNALINDAGALINDO his/her/their signature(s) on the instrument the person(s), y COfnfni8Sion. #1569051 or the entity upon behalf of which the person(s) acted, Notary Public -California executed the instrument. LosAngeles County E 14, 2009 WITNESS my hand anA of�. s�a, OPTIONAL Though the information below is not required by law, it may prove valuable to pel fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual Corporate Officer Title(s): President/ Secretary O Partner — O Limited ❑ General O Attorney -in -fact O Trustee ❑ Guardian or Conservator - ❑ Other: I Top of thumb here Signer Is Representing Garcia Juarez Construction, Inc. Signer's Name: E on the Olocument and could prevent Number of Pages: Individual Corporate Officer Titie(s): Partner — ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer is Representing: RIGHTTHUMBPRINT OF SIGNER ' Top of thumb here 01995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 - Canoga Pads, CA 91309.7184 Prod. No. 5907 Reorder: caa Tea -Mee r •duu-M-onzi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On July 25, 2006 before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast LAURA L.¢HANNA COMM. # 1452703 M NOTARY PUBLIC, CALIFORNIA > ' LOS ANGELES COUNTY Fly Comm. Expires Nov. 23, 2007 �7�►7'P7'"li'1T'Y Place Notary Seal Above Optional 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. of Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _Individual _Corporate Officer - Title(s):_ _Partner- Limited —General X Attorney -in -Fact _Trustee Guardian Other: Signer is Representing: Number of Pages Tel (9,73) 624-7200, , a . a - INTEIZTATIONAL FIDELITY INSURANCE COMPANY _. HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 POWER OF ATTORNEY FOR BID BONDARIDERICONSENTS/AFFMAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELrfY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint MARK E. SHRECKENGAST, 7ULIE M. ORMONDROYD Los Angeles, CA. its true and lawful attomey(s)-in fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required orpermitted by law, statute, rule re�lion, contract or otherwise and the execution of such instruments) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURAI�TCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and maybe revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7dr day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is ssitggnned and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day oLApril, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers 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 power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in 8re future with respect to any bond or undertaking to which it is attached. l I J�/s. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELrrY INSURANCE COMPANY has caused this instrument to be �\ 0 signed and its corporate seal to be affixed by its authorized officer, this 31st day of August, A.D. 1998. ' v0� �l�,�y INTERNATIONAL FIDELYPY INSURANCE CO SEAL r y 1904 n STATE OF NEW JERSEY p County of Essex �fINJ � *� Vice -Pr 'dent On this 31st day of August 1998, before me Came the individual who executed the preceding instrument, to me personal known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, /� 0at the City of Newark, New Jersey the day and year fast above written. NOTARY cr � PUBLIC L► y JERs� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2005 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 25th day of July , 2006 Assistant Secretary DECLARATION OF SATISFACTION OF CLAIMS state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. All workers and persons 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 Withhold, which have been filed under the provisions of the statutes California: (if none, state "NONE") 1 declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of (Location) g:followup\cashcont\cashcon2.doc procedure #15 with Notices to of the State of (Signature of Contractor) , 20 A PPRO VED AS TO FORM ,49MIFER M.GRATH, CityAitor„ey arab Sutton 12� cputy City Attorney City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JEN iFER M.GRATH, City Attorney Sarah Sutton �{ l Putt' City Attorney 12/+f g:followup\cashcont\cashcon 1.doc procedure #14 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET September 12, 2006 Garcia Juarez Construction, Inc. P. O. Box 309 Brea, CA 92822-0309 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK Re: CC-1278 —Residential Storm Drain Improvements CALIFORNIA 92648 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, toanL. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Original Bid Bond g:followup\cashcont\cashcon-letter. doc ( Telephone: 714-536-5227 ) Executed in Two Counterparts Bond No. 0431439 Premium: Included in PAYMENT BOND Performance Bond (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach thereinafter referred to as "City") has awarded to Garcia Juarez Construction, Inc. P.O. Box 309, Brea, CA 92822 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: Residential Storm Drain Improvements within the Meredith Pump Station Drainage Area - Cash Contract 1278 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOWTHEREFORE, we, the undersigned Principal, and International Fidelity Insurance Company 1575 Treat Boulevard, Suite 208, Walnut Creek, CA 94598 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Two Hundred Seven Thousand Sixty Five and no/100 dollars, ($ 207,065.00 }, this amount being not less -than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents- THE- CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fait to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used: or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or tabor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond,- otherwise, this obligation shall be null 'and void. This- bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns- In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277589.1 PAYMENT BOND Page 1 of 2 Bond No. 0431439 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duty executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body_ Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: August 28, 2006 ATTEST Garcia Juarez Construction, Inc. (Corporate Seat) ATTEST (Corporate Seat) ** See Attached Surety All -Purpose Notary Acknowledgment Form (Attach Attorney -in -Fact Certificate) International Fidelity Insurance Company {Surety Name) By: AV f Name: Mark . Shrec gast, Attorne} (Signattfre of Attor ey in -Fact for Surety) 9(25) 256-8 60 (Area Code & T ep one Number of Surety) APPROVED AS TO FORM. - CITY OF HUNTINGTON BEACH By- ennifer MC rath '—City Attorney�l Note; This bond must be executed in dvpficate and doted, all signatures must be notarized, and evidence of the authority of ony person signing as attorney -in -fact must be attached. Tnsi ., PAYMENT BOND Page 2 of 2 act CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On AKvs r ;Lg) 200� before me, Date personally appeared _ Jim Jackson Vienna Linda Galindo, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary PubW) Name(s) of Signer(s) personally known to me — OR — Cl 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 �VIENNALINDAGALINDO� his/her/their signature(s) on the instrument the person(s), mission.#1569051 or the entity upon behalf of which the person(s) acted, Notary Public -California executed the instrument. Los Angeles County ° a III Cow. Et#wn *114, 2009 1 WITNESS\my�nd and official seal. 11 OPTIONAL Though the information below is not required by law, it may prove valuable fraudulent removal and reattachment of this f Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ❑ Individual Corporate Officer Title(s): President/ Secretary ❑ Partner — ❑ Limited O General ❑ Attorney -in -Fact ❑ Trustee O Guatdlan or Conservator O Other: Top of thumb here Signer Is Representing: Garcia Juarez construction, Inc. relying on the document and could prevent Ter document. Signer's Name: Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER: 01995 National Notary Assoclation • 8236 Remmet Ave., P.O. Box 7184 + Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Cal Toll -Free 1-800-876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles August 28, 2006 On ,before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast LAURA L. HANNA COMM. # 1452703 NOTARY PUBLIC, CALIFORNIA 3 LOS ANGELES COUNTY My Comm. Egirea Nov. 23, 2007 Place Notary Seal Above Optional Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. r Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document_ Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _Individual _Corporate Officer - Title(s):_ .—Partner--Limited—General X Attorney -in -Fact Trustee _Guardian Other: Signer is Representing: Number of Pages. Executed in Two Counterparts PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, Bond No. 0431439 _ Premium: $1, 864.00 Final Premium is Based on Final Contract A w mt WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated August 21 2006_, entered into a contractwith Garcia Juarez Construction, Inc. P.O. Box 309, Brea, CA 92822 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Residential Storm Drain Improvements within the Meredith Pump Station Drainage Area - Cash Contract 1278 (Project'rltle) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and International Fidelity Insurance Company 1575 Treat Boulevard, Suite 208, Walnut Creek, CA 94598 (name and address of Surety) *(a duly. admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Two hundred Seven Thousand Sixty Five and no1100 Dollars ($-LOT, 065. _ ______}, this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF 'THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully. 'and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively refen•ed to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, r whetheimposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder-. then this obligation shall be void; otherwise, it shalt be and shall remain In full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shalt in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond_ Surety waives notice of any adjustment of contract time or contract price, and PERFORMANCE BOND Page 1 of 2 B,,,d No. 0431439 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond_ Dated: August 28, 2006 ATTEST (Corporate Seal) ATTEST ** See Attached Surety All -Purpose Notary (C;akpo°rat�ent Form (Attach Attorney -in -Fact Certificate) Garcia Juarez -Gonst)ruction, Inc. Name) Title: PAS. `fin r International Fidelity Insurance Company urely Nam ) 8: Y Name: Mar �E.Shreck9tast Attorne -in-Fact (Signature of Attoy n-Fact for Sure (225) 256-87W (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH +Yennifter Mc th �I WU torney Note: This bond must be executed in duplicate and dated, all signatures must be notarized. and evidence of tho authority of any person signing as attorney -in -fact must be attached- ZM91 J PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On ,A+�sf 2$� r_ before me, Date personally appeared _ Jim Jackson Vienna Linda Galindo, Notary Public , Name and Tile of Officer (e-g- "Jane Doe, Notary Public') Names) of Signer(s) personally known to me -'OR - O 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 signature(s) on the instrument the person(s), VIENNAUNDAGALINDO� or the entity upon behalf of which the person(s) acted, �. Commission.$1569051 executed the instrument. Notary Public- California LosAngeles County WITNESS my han Inn.ilcal seal. ,. Ily Comm. lipm *1 14, 2009 I OPTIONAL Though the information below is not required by law, it may prove valuable to persons �f1 fraudulent removal and reattachment of this form to another Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Jackson ■ ►: Individual Corporate Officer Title(s): President/ Secretary Partner — O Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Top of thumb here Signer Is Representing: Garcia Juarez construction, Inc. Signer's Name: 10 on the document and could prevent Number of Pages: Individual Corporate Officer Title(s): Partner — O Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer is Representing RIGHTTHUNISPRIN7 OF SIGNER Top of thum6 here 01995 National Notary Association • 8236 Remmet Ave., P.O. (lox 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Cal Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles August 28, 2006 On ,before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast LAURA L. HANNA COMM. #t 1452703 m NOTARY PUBUC, CAUFORNIA ; tAS ANGELES COUNTY My Comm. Expires Nov. 23, 2007 Place Notary Seal Above Optional 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. Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _Individual _Corporate Officer - Title(s):_ —Partner--Limited—General X Attorney -in -Fact Trustee _Guardian Other: Signer is Representing: Number of Pages Tel ... ....... ........ IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be< signed and its corporate seat to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE COMCANY STATE OF NEW JERSEY County of Essex Secreta RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Wadreidenrich, City Treasurer FROM: DATE: .� SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. �E-707— hc�� Re: Tract No. - 1 aA)-s (Company Name) 645Z V-3 q CC No. - MSC No. *o�42 lz?L ,39 Approved Agenda Item No. //D (Cou cil Approval Date) City Clerk Vault No. . #27 g:/follomplbondletter doc A CORD TM. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/30/2006 PRODUCER Phone: 877-587-4999 Fax: 866-307-6352 BACCARELLA INSURANCE SERVICES, INC. 6864 INDIANA AVE. # 201 THIS CERTIFICATE IS ISSUED AS A M ONLY AND CONFERS NO RIGHTS UPO HOLDER. THIS CERTIFICATE DOES N TTER OF INFORMATION THE CERTIFICATE T AMEND, EXTEND OR RIVERSIDE CA 92506 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # ------------- INSURED GARCIA JUAREZ CONSTRUCTION CO., INC. INSURER A: AMERICAN HOME ASSURANCE INSURER B: INSURANCE CO OF THE ST OF COMPANY — A ONSITE KRUSHING P.O BOX 309 BREA CA 92822 ,— INSURER C ---- -'.--- — INSURER D: -----" ----- - ------ . INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTEDBELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MA BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND C NDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDNY - POLICY EXPIRATION DATE MM/DDIYY LIMITS GENERAL X I LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GL3199844 12/03/05 12/03/06 EACH OCCURRENCE DAMAGE TO REN PREMISES (Ea o MED. EXP (Any D rence) ne person) $ 1,000,000 $ SO,000 _ $ -- 5,000 A PERSONAL & A V INJURY $ 1,000,000 $ 2,000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER:, 1 POLICY X PRO- JECT LOC PRODUCTS-COMP/OP AGG. $ 2,000,000 - -- — A i AUTOMOBILE X x LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS 1 HIRED AUTOS I NON -OWNED AUTOS CA6698527 12/03/05 12/03/06 COMBINED SINGLE LIMIT j (Ea accident) BODILY INJURY (Per person) INJURY$ (Per accident) $ 1,000,000 $ - X - -,BODILY X - ----------------- r-- PROPERTY DAMAGE (Per accident) ! $ I ----- --- — i � GARA GE LIABILITY ANY AUTO �J I AUTO ONLY - EA ACCIDENT 1$_—_ - -- ---- OTHER THAN EA ACC ! AUTO ONLY: AGG 1$ 1 $ EXCESS / UMBRELLA LIABILITY 42053514 12/03/05 12/03/06 1 EACH OCCURRENCE $ 4,000,00_0 X OCCUR Cl CLAIMS MADE DEDUCTIBLE AGGREGATE _ _ $ 4,000,000 -- $---- RETENTION $ 0 -- --- $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? WC3420855 ! 12/04/05 12/04/06 IC STATU- TORY LIMITS OTR E.L. EACH ACCIDENT ---- ---- _4 — $ 1,000 000 _ -- -=-- E.L. DISEASE -EA EMPLOYEE ----- ---'-- 1$ 1,000,000 - ---- ------._ If yes, describe under-------- SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER: I i I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS *10 DAY NOTICE FOR NON PAYMENT OR NON REPORTING OF PAYROLL* RESIDENTIAL STORM DRAIN IMPROVEMENTS WITHIN THE MEREDITH PUMP STATION DRAINAGE AREA- CASH CONTRACT #1278. CERTIFICATE HOLDER, ITS AGENTS, OFFICERS AND EMPLOYEES ARE HEREBY NAMED AS ADDITIONAL INSURED PER BLANKET COMPANY FORM 61714 ATTACHED. REVISION OF CERT DATED 8-25-06 TO "X" OUT CANC CLAUSE PER UW. CERTIFICATE HOLDER CANCELLATION CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 TO 1FORM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Attention://dl.M' H CiAttar ACORD 25 (2001/08) �1 ®(� Certificate # 29733 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) Certificate #29733 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT # This endorsement, effective 12:01 A.M. forms a part of Policy No. GL3199844 issued to Garcia Juarez Const Co., Incby American Home Assurance Co. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT (Professional Services Exclusion) This endorsement modifies insurance provided under the following: COMMERCIAL -GENERAL LIABILITY COVERAGE FORM Section II Who is an Insured, 1., is amended to add: f. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy, or 2. The coverage and/or limits required by said contract or agreement. AUTHOR D REPRESENTATIVE Additional Insured: City of Huntington Beach, its agents, officers and employees ,A,�'ROVED AS TO FOR* 61714 (9/01) JE F E R McRATH_, J�, City Att yu 2006 JUG. 25 AM l f : 35 CITY L c rr ,' o HUNTINGTON BEACH CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 12, 2006 Lusser Company, Inc. 27758 Santa Margarita Pkwy. #405 Mission Viejo, CA 92691-6709 RE: CC-1278 — Residential Storm Drain Improvements Enclosed please find your original bid bond for CC-1278. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure g: /followu p/cashcont/retu rn bid bon d. doc procedure #13 CALIFORNIA 92648 1 Telephone: 714-536-52271 SECTION C . PROPOSAL for the RESIDENTIAL STORM DRAIN IMPROVEMENTS Within the MEREDITH PUMP STATION DRAINAGE AREA CASH CONTRACT NO. 1278 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and 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. 0 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and 40 this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find /0 s� in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 019-e , -- a, 0 LIST OF SUBCONTRACTORS • is In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class CvnC2l1zt 9flu ` . In 1 0o&,� Zonvlaq, ..7ka q 6-0l-14 c2 /113 Onf�C i 0 e ve .2 � C' 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. • NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 119PI C0fi ��� , being first duly sworn, deposes and says that he or she is IRes%de-17 of Z"YSeg C'00 Aahe party making the foregoing bid that the bid is not made in the interest of, or on thY 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. State of California��AA��Jurat County of �/C.944:2�- _ Subscribed and swum to (or affirmed) before me on this /�{�` day of �k�� 20 M by �jS',+ 57Ya _ peFeenoyhisewismee 'proved to me on the basis of satisfactory evidence to be the on(p(who ap�eare before me. Signature C/ J ©Gf t S'cS,e,e Oln Name of Bidder Si of Bidder d 7li,ew 6�z i-la. /71a2yQo2z 1q, yo5 fyjI sj'an v elb GG9 q0?6?.1- Address of Bidder °9 Subscribed and sworn to before m s day of . NOTARY PUBS ,20_ t SSSAL OFry AMITA C. DEJWAN N 4,P e;;ur Far W n� ., COMM. # 1496761 X i o NOTARY PUBLIC-CALIFORNIA X Y ` ` ORANGE COUNTY N My Comm. Expires JUNE 26, 2008 NOTARY SEAL 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 RESIDENTIAL STORM DRAIN IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: IN 96 't 4 Contractor �3 Title av e a, 6h, c, y �eslcl�nf DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XN 0 If the answer is yes, explain the circumstances in the space provided. 0 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Is Proposal shall constitute signature of this questionnaire. COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works 40 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: �('/f 1 06 • ,&csek 'Pipaluy, 0 Contractor �� Title _Px,es/ ::517-e-w -/ UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER 40 (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: ssiex .1 Contractor 1 • By Title Date: V—/ Q� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. 0 during the course of the Work. Additional forms may be obtained from the AGENCY upon request. 0 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: (ate �r Bidder Name ,?7119 eanta magjaidia, g®s Business Address - if LIS017 Vieio 47C2691 City, VState Zip ( qV 1) G1,06 0-3 6 -�L Telephone Number State Contractor's License No. and Class q% 9 4zo Original Date 162/ 3(21Z "0 Expiration Date The work site was inspected by l 7 2, &00(04-0V of our office on - , 20 Oc The following are persons, firms, and corporations having a principal interest in this proposal: 119R/SA Xftfs - Aeeslclel?� Alehai/ '—Flombeoy - ela'Ay 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. .(ssex (' Iwa _Lug_ Company Name Signature of i d I-ARIS W C,4-fT A Be esl c -� Printed or Typed Signature Subscribed and swo efore me this _ day of , 200_ . 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: aIrn�, lei` b Gr9 90?(0 9 - l. _�V/4 Vallal 6 lk r-eln lei G 1941&ic - C-M Name and Addresl of Public Agency k1so OC CG'I'nou'f71 Colle j A% ,Ik Name and Telephone No. of Project Manager: &ee �(� ~ ' 6-7Aw!m/V aJ � Xe xC'") L' %, 6'-�I Tinge d na6 Contract Amount Type of Work Date Completed (Ph ` fro?) 2. 0 P /0/) G' L� G SYt' � N CoInIV GGl7/ Name anAddress of Public Agency {� Name and Telephone No. of Project Manager: c9e- hew /y,� anck_ j 6 d - `7113 --Vel,�2j W 000 a geln-v u l` � av, 6a lw1n e& s ' Contract Amount Yype of Work C nCA-4Ste• Date Completed s � st, , Tashh qa6,VO 3. h,'J 17 &- / A111"i's7 I'd " ;01617-e2 0 Name and Address of Public Agency Name and Telephone No. of Project Manager: is haw OAV71 ass- a?d �O 'Ooo 6,wdr�/ 4�j 2C 7� fi r . e 00's • Contract Amount Type of Work Date Completed • State of California ,Q�� Drat County of ��"� Subscribed an sworn to (or affirmed) �befforree me on 20 P this day •d ` of by 44 PX-f— �ir3 proved tome on the belle of sWsfactory evidence to be pens n�xfwho appgared before me. Signatu 6e., Tb2 41�l)�i1 S �i?rw97/o� • r: N �PtSE"°°Tti� AMITAC. DEJWAN m COMM. # 1496761 X NOTARY PUBLIC-CALIFORNIA N ~ ORANGE COUNTY !V °4I T My Comm. Expires JUNE 26, 2008 SECTION C 0 PROPOSAL for the RESIDENTIAL STORM DRAIN IMPROVEMENTS Within the MEREDITH PUMP STATION DRAINAGE AREA CASH CONTRACT NO. 1278 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and 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. 1 J PROJECT BID SCHEDULE • • Item:::E:stilOatid ::::::::::::atam::with:ui.it:pric :;::::::::::::: <::::::::::::::::: <5:::::: «::Eactended:%:: No. E i ant1ty::: ....... written in words :: [Iriit t'nce ...Amoun 1 1 L.S. Mobilization 1 7'L -/ j �,r @/LL�Y'f //IDUS�!/!INi /1�l/1Gftars $ � SOO QA /� $ 7�r goC? 41 00 Cents Per L.S. 2 1 L.S. Traffic Control @ '% tl uj a✓a' Dollars $ J� 000 $ 000 0'0 Cents Per L.S. NPDES Compliance (NOI, SWPPP) and Implementation (BMPs, Monitoring, Sampling and Maintenance) Inclusive, but limited to: all 3 1 L.S. labor, materials and permit fees @ ✓,w- o 71'to as a1 cl Dollars $ 000 $ � 000 00 Cents Per L.S. Sawcut and Remove Existing AC Pavement for Proposed Cross 4 1775 S.F. Gutter @ / V >li e Dollars $ j;LR !v Cents Per S.F. if 5 1 EA. Remove and Relocate Existing Parkway Drain PerH-B Std. Plan 312. @ j7v0 r"�i4Q17,i" 7 �a/„�r'ollars $ c;-�-s 300 $ .2, 00 Cents Per EA. 6 100 L.F. Remove and Reconstruct Ex. 8" Curb & Gutter per HB Std. Plan 202 @ Oye hun-lReLY e&ye-%i Dollars $ ,//, ,/ $ 1A 1/00 00 Cents Per L.F. 7 1050 S.F. Remove and Reconstruct Ex. Cross Gutter per HB Std. Plan 205 @ oo1 x ]��.�i!% Dollars DO $ �� p $ 7� aD0 00 Cents Per S.F. 8 1700 S.F. Remove and Reconstruct Existing 4" Sidewalk per Std. Plan 207 @ s/i i`U� Dollars $ / t% y� $ A Ba to it 9 O;k Cents Per S.F. ff 9 8 EA. Construct Existing ADA Access Ramp @ /Wet /%01lif Q�/ !1 G1 hmgdJjUr Dollars / OrJ $ 700 � $ o Cents Per EA. 10 1 L.S. Repair/Replace Damaged Irrriigation/L/andscaping in Kind @lC/�13�f�i(%iG7 eC�'/�t �ll/iQollars $ '7�©� j� �jCD $ `y� dOf% 00 Cents Per L.S. C-1s PROJECT BID SCHEDULE • • I Item:: st:im:at d::::: >: ;;: ;::::: Item::ivith :unit:: rice:::::::::::< :::::::::< :::::::::.. P ::::::::::::::': Extended::::: No.:: U nti : tY. ................................................................... :: :: :::: ` :: `: writteii:in:wo> ds:::::::::::::::.....:::::::tjriifP.dce;.....:AMount::::: ................... !tte....w0t-.............................. 11 4 24" Below Top/ of Sidewalk / Grade Remove Tree & Grind Stump 24" Seem himc"TW W S' n o0 $ r©© EA. @ U �,4ie Dollars $ _ 010 Cents Per EA. 12 8 EA. Construct New Tree Well @ AArr- ha%1f.�ia�/ Pe# Dollars $ 7000 ,0 $ A'7�ao Cents Per EA. 13 8 EA. Plant new 24" box tree per HB Std. Planrh7e14 han g(N-/%i% 1 r Dollars $ S;?S, $ q4 Opp @ pye Cents Per EA. Furnish and Install 24" RCP Storm Drain Pipe per HB Std. Plan 308 14 82 L.F. and repair pavement pe,,rr HB_SStd. Plan 606A hIl11dgt ao Dollars 00 $ �(� $40 @ /p/L�k Cents Per L.F. Extend Existing Curb Inlet Catch Basin Per Modified Catch Basin 15 7 EA. Extension Detail A, Sheet 2.,, j �n . / /U/%%e 1W 11 0)%CI &M%l h4(P /10Q'bollars $ $ ao @ Q Cents Per EA. Remove and Reconstruct Curb Inlet Catch Basin per Std. Plan 301 with Local Depression per Std. Plan 302 and modify per Detail A, 16 1 EA. Sheet 3 if required. i/ tee,n �caf f a I 771Ellars 00 $ t3 - $ @ dl 11 � 1— 00 Cents Per EA. Remove and Reconstruct Local Depression per Std. Plan 302 and 17 8 modify per Detail A, Sheet 3, if required. ;%Z"(.l f 0000 �/ MO / 00 $7w, �� EA. @ s�l X cy,/�1c Dollars $ (��0 Cents Per EA. Total Amount Bid in Figures: $ 0?02 60P , S-v Total Amount Bid in Words: �/ ��e�....uSGi1........... :.................................................................... ..... ��� S Pyl Ge t GGnC/ ........ v C/ C-2s 49zoR INSC4 INSURANCE SERVICES, INC. insc%CO Underwriting Manager for. Ip Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Zusser Company, Inc. as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of California bound unto the City of Huntington Beach in the full and just sum of Ten Percent of the Total Amount Bid as Surety, are held and firmly (hereinafter called the Obligee) Dollars, ($ 10% ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Storm Drain Improvements 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, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 19th day of July Zusser Company, Inc. B �f Principal ID-1198 (Bid Bond) (REV. 1101) 2006 YEAR Developers Surety and Indemnity Company Surety By: e rey K. Gryd Attorney -in -Fact POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby snake, constitute and appoint: ***Jeffrey R. Gryde,*** as their true and lawful Attorncy(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Ahorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, arc hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorocy(s) named in the Powers ofAttorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate beating such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respcOve Executive Vice President and attested by their respective Secretary this 1st day of December, 2005. By:olt.( AND /yu� DavidH. Rhodes, Executive Vice -President �= C, OCT�I� By* 18 1936 Walter A. Crowell, Secretary '•.,7a , !OW A STATE OF CALIFORNIA COUNTY OF ORANGE On December 1, 2005 before me, Gina L. Gamer, (here insert name and title of the officer), personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the pcxson(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that be/shelthey executed the same in his/her/their authorized capacity(ics), and that by his/licrAlicir signature(s) on the instrument the pctson(A or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature GINA L. GARNER COMM. # 1569561 (SEAL) NOTARY PUBLIC CAUFORNIA ORANGE COUNTY !Ay txmrtt ere res Itlay_t3, 2009 CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthertnore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is Executed in the City of Irvine, Califomia, the 19th day of July 2006 By Albert Hillebrand, Assistant Secretary ID-1380 (Rev. 12/05) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California . County of Ln Angele s ss. July 19, 2006 Gti-sb,1elj on e -%a}cg �lo�aty On before me, , Date Name and Tale of Officer (e.g-, "Jane Doe, Notary Public) personally appeared Names) of Signer(s) C'HRISTINE JANE THATCHER Commission # 1396020 Z emy Notary Public -California Z Los Angeles County Comm. Expires Jon 26, 2007 r -W $(personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person%) 'whose name(4 is/are subscribed to the within instrument and acknowledged to me that he/sheMey executed the same in his/her•/*mif authorized capacity( ec), and that by his/hQ4threir signature($) on the instrument the person(,v), or the entity upon behalf hich the person( acted, executed the i r ment. WITNESS my han d official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other. Signer Is Representing: © 1999 National Notary Association " 9350 De Soto Ave- P.O. Box 2402 " Chatsworth. CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requiremnents of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: ;Wsseq- Contact Person: cjr} el,n Contact Phone: 63 Signed: Date: �? *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11