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HomeMy WebLinkAboutGRGO & GORDON GRBAVAC CONSTRUCTION COMPANY - Corsican Drive Storm Drain improvements - CC-1036 2/18/97 Notice of Completion 4/21/97 - 1997-02-18• I. HU"NCT0N BEACH CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION I TO: FROM: THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% CC DATE: '=�O k Ej � The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. ILLELLA, Director of Finance certify that no stop notices are on file on the subject at this time. Date: D' q �t LES JONE �Puric Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY, . y Clerk I certify that there are no outstanding invoices on file. N N-s coo Date: q RI R EDENRICH, City Treasurer 0011042.01 07/18/96 10:46 AM • • PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a -Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINCTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is. a true and complete copy as was printed and published in the Huntington Beach and. Fountain Valley issues of said newspaper to wit the issue(s) of: DECEMBER 12, 19, 26, 1996 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on DECEMBER 26 , 199 6 at Costa Mesa, California. Signature -6 • r I have received Maintenance Bond No. 199484P Re: Corsican Drive Storm Drain Improvements - Cash Contract No. 1036 Dated: S 7 By' IrlSC%j Jco MAINTENANCE BOND KNOW' ALL MEN BY 'THESE PRESENTS: r: i n s ICO r' j =2 o t f,u. BOND NO: 199484P PRE%IIUNI: INCLUDED IN r'ERF1)I't\t.>NI'E BOND THAT we, GRGO & GORDON GRBAVAC CONSTRUCTION COMPANY, INC. . Ps Principal. and INDEMNITY COMPANY OF CALIFORNIA. a corporation organized and doing business: under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California. as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 as Obligee, in the sum of Fifty -Seven Thousand, Nine Hundred & NO/1004-- $57,900.00--- I Dollars, for which payment, well and truly to be made. we hind' ourselves. our heirs. executors and succ•es-01-S. jointly and severally firmly by these presents. _.: THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS. the above named Principal entered into an agreement or agreements with said Obligee I(.,: CORSICAN STORM DRAIN IMPROVEMENTS: CASH CONTRACT NO. 1036 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair f im1,r�'� I m 'nt: a• described therein for a period of one year following final acceptance of said improvements: NO"', THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Ohliree m;,Y ;uaain In reason of any defective materials or workmanship which become apparent during the period of une year from and after acceptance of the said improvements by Obligee, then this obligation shall be void. otherwke lot reillain in full force and effect. IN «'ITN ESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate ,eal anti the name of the said Surety is hereto affixed and attested by its duly authurized Attorney. in. Fact ORZ1 � r n dtty of this Twentieth May_, 1�) 97 GRG & GORDON GRBAVAC CONSTRUCTION COMPANY, INC. By; 105 9 Freer Street INDEMNITY C'ON PANY OFX LI )RN1A Tem 1 e City, CA 91780 /1 Principal «LJ . B Gordon Grbavac, President 17780 Filch C. M•ichael Henley Irvine. CA. °I? 14 l i 141 363-3300 FORM ICC•305 REv. 10/W 9 POWER OF ATTORNEY OF DEMNITY COMPANY OF CALIFOQA AND DEVELOPERS INSURANCE COMPANY N° 328726 P.O. BOX 19725, IRVINE, CA 92623 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***C. MICHAEL HENLEY' the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking: giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and aft of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are 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 INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24. 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By-0 V By 00-11AVOAU . Dant .. Vincenti, Jr. �PANyO Dan F. Vincenti, Jr. S\NSURg4 resident ,V 0 PORq 9 President C�40(iP0 4fC� 5 c �A ATTEST MAR. 27 2 O u' 1979 a 1967 y 02 ./FOPN�P�• O 4 /FOP P t By * By Walter Crowe I Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) 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, executed the instrument. Signature WITNESS my hand and official seal. The undersigned, as Senior Vice President of INDEMNITY COMPANY OF ALIF certify that the foregoing and attached Power of Attorney remains in full f s r Boards of Directors of said corporations set forth in the Power of A ey, forc o hE This Certificate is executed in the City of Irvine, Ca' ia, t ' y of INNDEMNITY COMPANY OF CALIFORNIA DE O�,PANy0� �G D POggf� ` 9 z ? By OCT 5 0 By L.C. Fiebiger y 1967 a Senior Vice President Obi (/FO�N`Pi``� of this C. V. BRINK **44-&"f • COMM.01036712 � NOTARY PUBLIC . CALIFORNIA y ORANGE COUNTY j My Comm. Exp. Aug. 21, 19W +$41686041 Vice President of DEVELOPERS INSURANCE COMPANY, does hereby rthermor, that the provisions of the resolutions of the respective COMPANY L.C. Fiebiger Senior Vice President 5\1.1SURa,) n =MAR. 27 0 w 1979 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles - before me, Carolann Wright DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC - personally appeared C. Michael Henley , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized cAROLMNWRIGW capacity(ies), and that by. his/her/their Commission a 1067733 Notary Public — CdKOIrda ; signature(s) on the instrument the person(s), Los Angeles County My Comm. Expires Aug 6,1999 ` or the entity upon behalf of which the person(s) acted, executed the instrument. WIT NES y han and official seal. i_ SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC 1t�asC' 61%10-- Project No. Title =,r IMIP , 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 g:cc cashconI G4.1i, DECLARATION OF SATISFACTION OF CLAIMS I, �rs.� t�C'�o.�e.c. , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled and dated H -13 A-r 2. All «-orkers 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 Ntizth Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state `'NONE'') I declare under penalty of perjury that the foregoing is true and correct. ENe uted at T2C,;A, on this day of Ate_ , 1991.$— (Signature of Contractor) g:cc`cashcon2 ReCoraea in the countjR orange, California Gary L. Granville, Clerk/Recorder WHEN RECORDED MAIL TO: 1111111111111111111111111111111111111111111111111111111IIIu11111 No Fee 1 CITY OF HUNTINGTON BEACH 19910207631 3 ; 3pm 508 18002251 18 30 05/05/97 Office of the City Clerk N 12 1 0 7.00 0,00 0 .00 0.00 0.00 P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Grgo & Gordon Grbavac Construction Company, who was the company thereon for doing the following work to -wit: Corsican Storm Drain Improvements; CC-1036 That said work was completed April 21, 1997 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 21, 1997. That upon said contract Indemnity Company of California 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 24th day of April, 1997. r' City Clerk and ex-o . ca Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 24th day of April, 199 City Clerk and ex-officio Cler of the City Council of the City of Huntington Beach, California gAfollowup\nscplgs This document is solely ,far the Tax -Exempt -Government Agency official business of the City CITY OF HUNTINGTON BEACH of Flunt x! ton Beach, tts contem— G/followup/ccnoc ' plated u:.; er Covernt—rerit Code Sec. 6103 aril should tie "i-ecorded By:.... free of chartxe. eputy City Clerk A .. is • CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 24, 1997 Gary Granville County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Sir; CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, &W�� 44wj---� Connie Brockway City Clerk CB/jc Enclosure: Notice of Completion - CC-1036 - Grgo & Gordon Grbavac (Telephone: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Grgo & Gordon Grbavac Construction Company, who was the company thereon for doing the following work to -wit: Corsican Storm Drain Improvements; CC-1036 That said work was completed April 21,1997 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 21, 1997. That upon said contract Indemnity Company of California 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 24th day of April, 1997. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 24th day of April, 1997.. City Clerk and ex-officio Clerl� of the City Council of the City of Huntington Beach, California g:Mollo% up\nscp1gs Tax- Exempt -Government Agency CITY OF HUNTINGTON BEACH G/followup/ccnoc By:.... eputy City Clerk This docuient is sol.oly _for the offici,'ll businoss of the City of Flu ,t z:; ton Ooach, as contem— nlatc4 ;,overr odt Code See. 6103 zin,1 should tie 'recorded free of charp,,e. ne_� 0 - ( S7 6j� Council/Agency Meeting Held: y s/-9-7 Deferred/Continued to: �J Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sig tune Council Meeting Date: April 21, 1997 Department ID Number: PW 97-027 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator —� PREPARED BY: qES M. JONES II, Director of Public Works w n' David C. Biggs, Director of Economic Developme x- � T SUBJECT: Corsican Storm Drain Improvements; CC-1036, Notice of Comraletion Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachmts) Statement of Issue: Grgo & Gordon Grbavac Construction Company, Inc., has completed its contract for the construction of the Corsican Storm Drain Improvements. Funding Source: Sufficient CDBG Funds were authorized for this project. Recommended Action: Accept the improvements to the Corsican Storm Drain Improvements at a final cost of $61,813.90 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Actionlsl: None. REQUEST FOR COUNCIL ACTI61 MEETING DATE: April 21, 1997 Analysis: DEPARTMENT ID NUMBER: PW 97-027 On February 18, 1997, Council awarded a contract to Grgo & Gordon Grbavac Construction Company, Inc., in the amount of $57,900. The adopted contract budget also included $5,790 to cover anticipated change orders and $4,500 for Supplemental Expenses, for a total of $68,190 to construct the Corsican Storm Drain Improvements. Construction of the improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of the project costs: Council Approved 1. Contract Amount: $57,900.00 2. Change orders: 5,790.00 Subtotal: $63,269.00 3. Supplemental Expenses: 4,500.00 Total: $68,190.00 Two change orders were issued for this project: One - Addition of a junction structure Two - Removal of concrete. * Estimated, not all invoices are have been received. Environmental Status: Not applicable. Attachment(s): LMJ: DCB: ERC:sar Actual Expenditures $57, 880.00 3,933.90 $61, 813.90 1.500.00* $63, 313.90 0024296.01 -2- 04/08/97 8:36 AM COPY TO: SHEILA GENEIL Corsican Drive Storm Drain Improvement Project CG.1036 2:00 PM, January 71997 BID LIST BIDDER'S NAME - RANK TOTAL BID AMOUNT $ 1. The Allison Com an 3 D 2. Andrew Pa ac & Sons $ 3. Atlas -Allied (a 5 4. B N B Engineering ? Jr 6 (o • U 5. B R Day Construction, Inc. 6 5 U G. Cooper's Backhoe & Equipment is %/ 9 / 7. D T W, Inc. 8. Ecology Construction, Inc. 9. Excel Paving 5 7 10. G G Grbavac Construction 39-(210. 11. Glamt>)�ina Construction, Inc. 12. G M C Enterprises 70 997 $ 13. Gran re orio Construction, Inc. $ 14. J B Pipeline, Inc. S $ 15. John Z rablich Construction Co. $ 16. Kana Pipeline $ 17. L A Engineering � 3 S 18..R F Paulus, Inc. f age une CC-1036 BID LIST BIDDER'S NAME RANK . TOTAL BID AMOUNT S 19. R & L Sewers, Inc. Jr7 S 20. R & V Construction S 21. Savala Construction L7 -7Z S d S 22. Southern California Underground S 23. S R D Construction 24. Vasily Construction, Inc. 3 0 5 o 25. Xra4sh Construction _ S 27. S 28. 29. S S S Page Two 12108 pg 7 • ALL-PURPOSE ACKNOWLEDGMENT State of California • ' County of Lnc, y Ya e `ec-) SS. ' CZrb01.yC. ' On ,fan. b . q9 before me, Ernkc_ C I • (DATE) (NOTARY) ' personally appeared ^� ordoy) C c'hn o'- I • SIGNER(S) • ,� l� 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 I • acknowledged to me that he/she/they executed • Ithe same in his/her/their authorized I • capacity(ies), and that by his/her/their ' SENKA GRBAVAC signature(s) on the instrument the person(s), I ' - Comm. # 11153 or the entity upon behalf of which the ' (� •-s NOTARY PUBLIC -CALIF• CALIFORNIA f ` Los Angeles County person() s acted, executed the instrument. ' • My Comm. Expires Nov. 3, 2000 ! WITNESS my hand and official seal. ! ' • I I • NOTA 'S SIGNATURE ' OPTIONAL INFORMATION 1 • ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' INDIVIDUAL i❑ ❑ CORPORATE OFFICER ' ' OR TYPE OF DOCUMENT ' TITLE(S)TITLE ' ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT • ' ❑ TRUSTEE(S) ' NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR • ' ❑ OTHER: ' ODATE OF DOCUMENT ' SIGNER IS REPRESENTING: I eNAME OF PERSON(S) OR Eh7ITY(IES) ! • OTHER • LO-44ow *-domp. 0.4ow. 0--dow. 0_.4110ft. 0.1dow 0 -gum.* -Gomm-* _•_•_._• _•_•J APA 1194 VALLEY -SIERRA, 800-362-3369 • • Cf E��INDEMNITY COMPANY of CALIFORNIA li 15C�C0 � Lx BID BOND BOND NO. 20873-58 Bid Date: 117197 Premium is included in Performance Bond KNOW ALL MEN BY THESE PRESENTS, That we, GRGO & GORDON GRBAVAC CONSTRUCTION COMPANY, INC. as Principal, and INDEMNITY COMPANY of CALIFORNIA, a California corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF H UN T IN G T Oh BEACH 200 Main Street, Huntington Beach, CA 92648 (hereinafter called the Obligee) In the full and just sum of Ten Percent of Total Amount Bid 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 C O R SI C AN DRIVE STORM DRAIN IMPROVEMENTS NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful perfor- mance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this Sixth day of January 19 97 GRGO & GORDON GRBAVAC rn . TRITCTTON COMPANY INC. INDEMNITY COMPANY of CALIFORNIA 10519 reer Street 17780 Fitch Temp City, CA 91780 Irvine, California 927)4 (818) 42-2356 (714) 263-1300 k7 By: Ordon Grbavac, President Principal .1. cl - HP., y Aflorn •in Facl ICC 024 10/93 GENERAL BID BOND I • • POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N° 3 2 317 8 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attomey should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***C. MICHAEL HENLEY` the true and lawful Attomey(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking: giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are 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 INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By Quv 044wl - By - - t�SUR D e F. Vincenti, Jr. ?ANY QD to F. Vincenti, Jr. g� Al President �G PORq �, President �Q OPPO - G* t q 4 n i ? OCT 5 � A ATTEST R. 27 � y 1-1 M7 a 7 1978 �_ t 1 OPN�PS2 �O 4 /FO �P BY * BY Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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, executed the instrument. WITNESS my hand and official seal. - _ _- _ _ _______________________--___-_ Signature CERTIFICATE C. V. BRINK I !� COMM. #1036712 0 NOTARY PUBLIC - CALIFORNIA e ORANGF COUNTY My Comm. Exp. Aug. 21.1 NO The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CA RNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force an as Y "een revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, ar . K s of fFie to of this C rtific This Certificate is executed in the City of Irvine, California, thiday of, / 99. (INDEMNITY COMPANY OF CALIFORNIA % DFVELOPERS INSURANCE COMPANY t,P �pPPOY�'P9 /42�, Q�PGOORgtiC� Rr. P �, V By . i OCT 5 / T By l MAR. 27 L.C. Fiebiger y t967 (/ a L.C. Fiebiger '7 trJ79 v Senior Vice President ��� /F p,N`P lam`' Senior Vice President y0 W "% CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Los Angeles On — before me, DATE personally appeared C. Michael Henle Carolann Wright NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC' NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized - capacity(ies), and that by his/her/their CAROLANN WRCG signature(s) on the instrument the person(s), Commission # 1067733 Z -® NctaryPublic— Cc:dOrnio Z or the entity upon behalf of which the ]] Los Angeles County My Comm. Expires Aug 6,1999 person(s) acted, executed the instrument. WITNESS y hand and official seal. SIGNATU4 OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA 91309-7184 1 0 r o Z 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 6, 1997 Mr. Gordon Grbavac, President Grgo & Gordon Grbavac Construction Co., Inc. 10519 Freer Street Temple City, California 91780 ,9 n CALIFORNIA 92648 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, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:jc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance g:followuplcashcon ( Telephone: 714-536-5227 ) e • t FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRGO & GORDON GRBAVAC CONSTRUCTION COMPANY, INC. FOR THE CORSICAN DRIVE STORM DRAIN IMPROVEMENTS TABLE OF CONTENTS Page No. 1. STATE OF:WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 3. COMPENSATION 5 4. COMMENCEMENT OF PROJECT 6 5. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 7 8. BONDS 8 9. WARRANTIES 8 10. MINIMUM WAGE 8 11. PREVAILING WAGE LAW 11 12 WITHHOLDING 12 13. HEALTH & SAFETY 12 14. PAYMENT OF TRAVEL & SUBSISTENCE 13 15. APPRENTICES AND TRAINEES 13 16. PAYROLLS & BASIC RECORD 15 17. WITHHOLDING FOR UNPAID WAGES 18 18. LIQUIDATED DAMAGES/DELAYS 18 19. SUBCONTRACTS 20 20. INDEPENDENT CONTRACTOR 20 21. DIFFERING SITE CONDITIONS 20 22. VARIATIONS IN ESTIMATED QUANTITIES 21 23. PROGRESS PAYMENTS 21 24. WITHHELD CONTRACT FUNDS 22 25. AFFIDAVITS OF SATISFACTION OF CLAIMS 22 26 WAIVER OF CLAIMS 23 27 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 23 28. WORKERS COMPENSATION INSURANCE 23 29 INSURANCE 24 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 25 31. DEFAULT & TERMINATION 26 32. DISPOSITION OF PLANS, ESTIMATES AND OTHER 26 33 NON -ASSIGNABILITY 26 34. CITY EMPLOYEES AND OFFICIALS 27 35. STOP NOTICES 27 36. NOTICES 27 37. CAPTIONS 27 38. FEDERAL PARTICIPATION 28 39. DAVIS-BACON ACT 28 40. DISPUTES CONCERNING LABOR STANDARDS 28 41. CERTIFICATION OF ELIGIBILITY 28 42. DISCRIMINATION, MINORITIES, ALIENS 29 43. EQUAL EMPLOYMENT OPPORTUNITY 29 44. COPELAND ACT 30 45. CONTRACT WORK HOURS 30 46. CLEAN AIR ACT 31 47. ENERGY CONSERVATION 32 48. HOUSING AND URBAN DEVELOPMENT 32 49. SUBCONTRACTS 32 50. CONTRACT TERMINATION; DEBARMENT 33 51. COMPLAINTS PROCEEDINGS OR TESTIMONY 33 52. CONTRACT WORK HOURS AND SAFETY STANDARDS 33 53. VIOLATION; LIABILITY FOR UNPAID WAGES 33 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED 34 55. ATTORNEY FEES 34 56. ENTIRETY 35 3/K/CORSICAN/1 /15/97 0 • FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRGO & GORDON GRBAVAC CONSTRUCTION COMPANY, INC. FOR THE CORSICAN DRIVE STORM DRAIN IMPROVEMENTS THIS AGREEMENT is made and entered into on this "28th 6 t h day of Jal4ua-' March , 1997, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., GRGO & GORDON GRBAVAS CONSTRUCTION COMPANY, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the Corsican Drive Storm Drain improvements from the intersection of Bardon Lane and Gothard Street, in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and 3/K/cORSICAN/l /15/97 , very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK: ACCEPTANCE OF RISK The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice 2 3/K/CORsICAN/l /15/97 • 0 or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the 3 3/K/CORSICAN/1 /15/97 elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; LI 3/K/CORSICAWI /15/97 B. Bonds covering the work herein agreed upon; C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Fifty 5 3/KICORSICAN/l /15/97 Seven Thousand Nine Hundred Dollars ($57,900) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within thirty (30) calendar days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of 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 conditions 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 on CONTRACTOR on the premises. 0 3/K/CORSICAN/1 /15/97 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site 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 the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 7 3/K/CORSICAN/1 /15/97 • • 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part 0 3/►UcORsicnNN /15/97 hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and M 3/K/CORsicnwl /15/97 0 0 (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers 10 3/K/CORSICAN/1 /15/97 • • performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work 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. CONTRACTOR agrees to secure payment of compensation to every employee. 11 3/K/CORSICAN/1 /15/97 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 13. HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. 12 3/K/cORSICAN/1 /15/97 0 The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.-Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any 13 3/K/CORSICAN/l /15/97 C� worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training 14 3/K/CORSICAN/1 /15/97 Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of 15 3/K/CORSICAN/1 /15/97 11 • the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government 16 3/K/CORSICAN/l /15/97 Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized 17 3/K/CORSICAN/l /15/97 representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 18. 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/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed 18 3/K/CORSICAN/1 /15/97 i • that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the 19 31K/c0RS1CAN/1 /15/97 L� U completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 20. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: 20 3/K/CORSICAN/l /15/97 (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this 21 3/K/CORSICAN/l /15/97 • • Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 24. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 22 3/K/CORSICA /l/15/97 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. 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. 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 23 3/K/CORSICAN/1 /15/97 28. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate 24 3/K/CORSICAN/i /15/97 limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 30. CERTIFICATES OF INSURANCE ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage Is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " 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 25 3/K/CORSICAN/1 /15/97 0 or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy 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. 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26 3/K/CORSICAN/l /15/97 33. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 34. 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 Califomia Govemment Code sections 1090 et seq. 35. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 27 3/K/cORSICAN/1 /15/97 37. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. 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 contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are 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. 39. 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 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 28 3/K/coRSICAN/1 /15/97 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 42. 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. 29 3/K/cORsicAwl /15/97 43. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. 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 USC 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. To ensure compliance with these requirements, the CONTRACTOR shall provide the C 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. 44. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, 011 3/K/CORSICAN/I H 5/97 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. 45. 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. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 46. 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 contract award, on the United 31 3/K/CORSICAN/1 /15/97 E 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 Pollution control 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. 47. 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, of seq. ). 48. 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. 32 3/K/CORsicnWl /15/97 49. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION: DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such 33 3/K/cORsIcAN/l /15/97 • workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 54. 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 service expenses incurred by CONTRACTOR. 34 3/K/CORSICAN/1 /15/97 r .0 a 55. ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 56. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. GRGV & GORDON GRBAVAC CON TRUCTION COMPANY, INC.: By: Gordon Grbavac, President By: o Gr a reasurer REVI WEfM'ND APPROVED: City Administrator 3/K/C0RSICAN/1 /15/97 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk &16% g 7 APPROVED AS TO FORM:" k G City Attorney 1 y' 77 IITIATED g�D PR Director of Publ 35 VD;n _ i[�ISCt�I O - o U PAYMENT BOND — PUBLIC WORK Bond No. 199484P Premium included In Performance bond. KNOW ALL MEN BY THESE PRESENTS, That GRGO & GORDON GRBAVAC CONSTRUCTION CO., INC. 10519 Freer Street, Temple City, CA 91780 as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 as Obligee In the sum of Fifty Seven Thousand, Nine Hundred Dollars ($57, 900.00 ) for the payment whereof, in lawful money of the United States, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, Jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas, the above bounden Principal has entered into a contract, dated January 28 , 19 97 , with the obligee to do the following work, to wit: CORSICAN STORM DRAIN IMPROVEMENTS: CC 1036 Now, therefore, if the above bounded Principal, contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attomey's fee, which shall be awarded by the court to the prevailing party in said suit, and atiomey's fees to be taxed as costs In said suit. This bond shall Inure to the benefit of any person named in Section 3181 of the Civil Code of the State of Califomia so as to give a right of action to them or their assigns In any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code,'Sections 3247-3252 Inclusive, and all amendements thereto. Signed and Sewed this Twenty -Ninth day of January GRGO & GO DON GRBAVAC CONSTRUC ON COMPANY. INC. Prindpal Gordon Grbavac, President NDEMNITY COMPANY of CALIFORNIA By�i _l i C . Michael Hen]Py 19 97 Anomay-1 10 we. R.Y. 2/? 1 17780 Fitch Irvine, Callfomla 9271 (714) 263-3300 r sq i POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N° 327225 P.O. BOX 19725, IRVINE, CA 92623 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorneys) -In -Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***C. Michael Henley*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking: giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are 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 INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By V By QMU U. Dant .. Vincenti, Jr. O�PANYO� Dan F. Vincenti, Jr. 9\l4SURg4 resident ,G 0 POpq r1 President Q. 0PP0 gjcF r� r� o G � z? OCT 5 c �+ 2 MAR. 27 O ATTEST y 1967 71 1979 IF01t (/FOaN�Pj� BY OrrBY Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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 whir.h the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature The undersigned, as Senior Ice President of INDEMNITY COMPANY certify that the foregoing and attached Power of Attorney remains in full fo Boards of Directors of said corporations set forth in the Power of AttornAg&rek This Certificate is executed in the City of Irvine, Califotnia .We — day IINDEMNITY COMPANY OF CALIFORNIA By • e �G �PPOq, ? OCT 5 L.C. Fiebiger �y 1967 Senior Vice President C. V. BRINK I COMM.01036712 0 NOTARY PUBLIC • V%LIFORNIA a ORANGE COUNTY My Comm. Exp. Aug. 21,1998 rI v a Senior Ice President of DEVELOPERS INSURANCE COMPANY, does hereby vo . and furthermore, that the provisions of the resolutions of the respective e d e f this CertificaI 997. DEV OPERS INSURANCE COMPANY 5\14SURgN ' � Q�P�OPPOR4 C�` l � BY =MAR.27 0 L.C. Fiebiger 1979 v Senior Ice President �� q[ IFOaN\P �` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County Of Los Angeles On =fbefore me, Carolann Wright T DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared C. Michael Henle NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed CAROIANNWRIGFR the same in his/her/their authorized < :,ti CornnImlonA 0 77733 Z capacity(ies), and that by his/her/their Z - Notory PubBc — COI fmnlo - Los Angeles County signature(s) on the instrument the person(s), ;..- K,,, C.�,._ ..._ , ....... or the entity upon behalf of which the person(s) acted, executed the instrument. WITN my han nd icial seal. SIGNATU OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 •`' -% • • ALL-PURPOSE ACKNOWLEDGMENT FState of California + County of Lab _Nn2P1�t L SS. ' On �C�' .5.'1i before me, o,nKa ' fb.j•U(;, ' • (DATE) ��II n (NOTARY) • personally appeared `a(LW'+C, ' ' 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 I ' the same in his/her/their authorized • capacity(ies), and that by his/her/their • ISENKA GRBAVAC signature(s) on the instrument the person(s), ' • . Comm. I1115510 C or the entity upon behalf of which the • NOTARY PUBLIC • CALIFORNIA N person(s) acted, executed the instrument. ' • Los Angeles County "A• My Comm. Expires Nov. 3, 2000 ' ! WITNESS my hand and official seal. • ' • NOTA 'S SIGNATURE • I 1 • OPTIONAL INFORMATION • IThe information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' !• ❑ INDIVIDUAL ❑ CORPORATE OFFICER • ' TITLE(S)TITLE OR TYPE OF DOCUMENT f❑ PARTNER(S) ' • ❑ ATTORNEY -IN -FACT • ' ❑ TRUSTEE(S) NUMBER OF PAGES ' • ❑ GUARDIAN/CONSERVATOR • ❑ OTHER: ' IDATE OF DOCUMENT ' SIGNER IS REPRESENTING: ' iNAME OF PERSON(S) OR ENTITY(IES) LOTHER • APA 1/` 4 VALLEY -SIERRA, 800-362-3369 PERFORMANCE BOND - PUBLIC WORK Bond No. 199484P Premium $, 1,158.00 KNOW ALL MEN BY THESE PRESENTS: That we, GRGO & GORDON GRBAVAC CONSTRUCTION CO., INC. 10519 Freer Street, Temple City, CA 91780 As Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation duly authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 As Obligee in the full and just sum of Fifty Seven Thousand, Nine Hundred Dollars, ($ 57,900.00 )' lawful money of the United States of America, lobe paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our.heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas the above bounden Principal has entered into a contract, dated January 28 .19 97 , with the Obligee to do and perform the following work, to -wit: CORSICAN STORM DRAIN IMPROVEMENTS; CC 1036 as Is more specifically set forth In said contract, to which contract reference Is hereby made; Now therefore, if the said Principal shal! well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this Twenty -Ninth day of January 1997 GRqP & GORDON GRBAVAC CO STRUCTION COMPANY, INC. Principal Gordon Grbavac, President r C. INDEMNITY GOMPAN of ALIF P RNIA C.- Michael Henley Anc 17780 Fitch Irvine, California 92714 (714) 263-3300 -, • POWER OF ATTORNEY OF • INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N° 327226 P.O. BOX 19725, IRVINE, CA 92623 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attomey(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***C. Michael Henley*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are 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 INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By V By 00AW- aq Vincenti, Jr. �}PANYODan F. Vincenti, Jr. g\IASUR- sident �V pPP ORg f c, President Q. Poly q fC'� 9 n 2' = OCT. 5 �+ R. 27 0 ATTESTUJIy 1967 1979 !IF yp Oq /FOP�p �< By * By * Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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, executed the instrument. WITNESS my hand and official seal. Signature _ C. V. BRINK I �, - COMM. #1036712 n i NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Exp. Aug. 21.1998 The undersigned, as Senior Vice President of INDEMNITY COMPANY OF A IF IA, an enior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full f s ; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Att e , ar f he da f this Cert1 cate This Certificate is executed in the City of Irvine, Califo ia, thi da 9�. IINDEMNITY COMPANY OF CALIFORNIA PAN Y DEV OPERS INSURANCE COMPANY Q�PS\PPORA�C By � CT ro By l MAR.27 L.C. Fiebiger y0 1967 P Za L.C. Fiebiger 7y 1979 Senior Vice President ti (IF pN� i� Senior Vice President O oq IFOP�P b * • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State Of California County Of Los Angeles On -5; 7 before me, Carolann Wright DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC" personally appeared C. Michael Henle NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized CAMLANN1M2W capacity(ies), and that by his/her/their Commission # 1067733 . Notary RAft—California signature(s) on the instrument the person(s), Los "r'9DcOur'f'' My Comm. lxolres Am 6. 1990 or the entity upon behalf of which the � person(s) acted, executed the instrument. WITN my han nd o 'cial seal. f SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. eox 7184 - Canoga Park. CA 91309-7184 ALL-PURPOSE ACKNOWLEDGMENT FState of California 1 County of L CAS Ax l qe_ G S SS. + On TQ3 . q r7 before me, ben 10- Fir 63\)0 Q • (DATE) (NOTARY) personally appeared f 6C4CA i SIGNER(S) !• llf personally known to me - OR- ❑ proved to me on the basis of satisfac evidence to be the person(s) whose na 1 is/are subscribed to the within instrumen • acknowledged to me that he/she/they ex the same in his/her/their author tory • me(s) ! t and 1 ecuted I ized •SE__NKA GRBAVAC capacity(ies), and that by his/her/their 07Q�_ Comm.I1115510signature(s) on the instrument the person(s), NOTARY PUBLIC -CALIFORNIA or the entity upon behalf of which the 1 Los Angeles County My Comm. Expires Nov.3, 200o person(s) acted, executed the instrument. iWITNESS my hand and official seal. i • NOTARY'S SIGNATURE • • OPTIONAL INFORMATION • 1 The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • 1 CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 1 !• i ❑ INDIVIDUAL ❑ CORPORATE OFFICER • 1 TITLE(S) TTTLE OR TYPE OF DOCUMENT 1 1 ❑ PARTNER(S) 1 ❑ ATTORNEY -IN -FACT • ' ❑ TRUSTEE(S) NUMBER OF PAGES 1 • ❑ GUARDIAN/CONSERVATOR • ' ❑ OTHER: ' DATE OF DOCUMENT ' ! SIGNER IS REPRESENTING: i ' NAME OF PERSON(S) OR ENTITY(IES) 1 • OTHER • Le -Wdl§W 0.190m. 0--mosm. 0-dona- 0-sem- *-memo-* -gonwe i•i•�•_. APA 1/94 VALLEY -SIERRA, 800-362-3369 DATE(MM/DD/YY) CERTIFIC E OF INSURANCE 11/13/96 "PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allen Lawrence & Assoc., Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0442083 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P , 0. BOX 7948 COMPANIES AFFORDING COVERAGE Canoga Park, CA 91319-7948 818-704-0700 800-995-9170", F;�'�,.� COMPANY AScottsdale Insurance Company INSURED Grgo & Gordon Grbavac n/�g/97 COMPANY BNorthbrook Property & Casualty Const . Co . , Inc . �Y COMPANY 519 Freer �{pM't 10 S t . i.4h�Cu,�i . C Temple City, CA 91780 ,Q4a4.o, f - c� _/D3 COMPANY D COVERAGES . . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR I POLICY EFFECTIVE OLICY EXPIRATION! TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) ;DATE (MM/DD/YY) I LIMITS A GENERAL LIABILITY I CLS0388696 11/01/96 11/01/97 GENERAL AGGREGATE $2 000000 COMMERCIAL GENERAL LIABILI7 PRODUCTS-COMP/OP AGG $1 O 00,000 i CLAIMS MADE C OCCUR PERSONAL & ADV INJURY $1 0 0 0 0 0 0 X WNER'S & CONTRACTOR'S PRO EACH OCCURRENCE $1 0 O O 0 0 0 ' X 'B I / PD Ded : 2 , 5 001 FIRE DAMAGE (Any one tire) $1 0 0 0 0 0 i MED EXP (Any one person) Is B AUTOMOBILE LIABILITY CA0808295 11/01/96 111/01/97 '.$1, 1 X I ANY AUTO COMBINED SINGLE LIMIT 000000 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) HIREDAUTOS I NON -OWNED AUTOS BODILYINJURY (Per accident) $ i PROPERTY DAMAGE $ j GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ I AGGREGATE i$ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE Is UMBRELLAFORM IS I OTHER THAN UMBRELLA FORM I I WORKE RS DO M PE N SATI ON AN D STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT Is DISEASE -POLICY LIMIT THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE I i$ OFFICERS ARE: EXCL DISEASE -EACH EMPLOYEE ,.$ I OTHER ' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS - * i "ance_l n rlr�iT� nr r,f premium J. (See Attached Schedule.) CERTIFICATE HOLDER . ... CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCXLLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 8111I81111tlMONSMAIL P.O. BOX 190 * 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Huntington Beach, CA 92648 AUTHOR ZED REPRESENT rIVE 1 CORD 25-S (3/93)1. Of 2 S 3 6 7 8 7 M3 5 518 :. DKI: \ - -ORD CORPORATION 1993 The City of Huntington Beach, its agents officers & empl as an additional insured as respects the operations of the oyees are namec named insured. 25.2 (3/93)2 64 2 # SS8 t8 7 / M3 5 518 POLICY NUMBER: CLS 0 3 8 8 6 9 6 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART �- SCHEDULE � Name of Person or Organization:'j"1^Q, ..� Q L �-j:. unk � , k' ANY PERSON OR ORGANIZATION THAT THE INSURED HAS AGREED AND/OR IS REQUIRED BY CONTRACT TO NAME AS AN ADDITIONAL INSURED, PER SCHEDULE ON FILE WITH COMPANY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 Cop)Tight, Insurance Services Office, Inc., 1984 ❑ Memorandum CoDY . • • C�- / 63Go r � L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. 3 This policy is not subject to cancellation by the Fund except upon)tm days' advance written notice to the employer. 30 We will also give you)T< N days' advance notice should this policy be cancelled prior to its normal expiration. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01/29/97 IS ATTACHED TO AND FORMS A PART OF TFIS POLICY. SPECIMEN EI:DORSEMEXT } 2065 ATTACHED. THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND SCIF 10262 (REV.3-95) FEB. -20'_97(THI i 13 51 LEA & El``CE • P. 0() I Ce-/D�l� �LLEN LAWRENC(E I& �ISSOCWES, iNK-- So Irisuraiice Brokers FACS IMI ICE ITANSMIT AL L—ET a :' DATE: February 20, 1997 TO: City of Huntington Beach ATTN: Eric R. Charlo.-Lne FROM: Debra K. _mielski RE: Grgo & Gordon G_bavac Const. o., Inc. MESSAGE: Eric 714-374-1573 Regarding the certificate of insuran-ce =:;:d ci:e additional insured wording on the referenced contractor. I am attaching a copy of the original _._t fi.cate we issued, along with form CG2026. The insured has pa,:--- front to have a blanket additional insured endorsement i. ; _r:ci _semp.Zts wordina allows for any and all additional iTIE; ur::ci - 1b„ -scheduled onto the coverage using the ACORD, to adjust the wording to satisfy all reeds. The intent of t :: blan;ce1 additional insured endorsement is to eliminate the &nci cost in issuance of numerous additional insured endor5e-og.-.z.3 end still provide broad coverage to the additional insured. the city's name is typed on the CG2026 or on the r.corc c. {_ i': icrite does not limit the coverage extended to them under ?oiicy provisions. Allen Lawrence & Associates is a qua'if.ie •-.ac t as defined by the Department of Insurance in the Sta'.=° :->f california , to transact business with and for Scottsdale Company. In issuing the Acord certificate with the :,.n5iired wording , we have legally bound over Scottsdale to recognize The City of Huntington. Beach, its agents, LE111licloyees as additional insureds as respects tare operations iaMed insured. 0xir.8oaso 7033 Owen-miout]t Ave., P.O. Box 7948. - :, r.,? ` 1309-7948 (818) 70M0700 0 (562) 92&-6565 FEB. -20' 97 (THU) 13: 5? �LLE\ L��CE P. 00? Scottsdale Insurance Company has adviscd me that if The city of Huntington Beach is uncomfortable wit;: C :e blanket additional insured endorsment contained in the poky, that The City design a certificate that satisfies their needs and submit this format for review and signature. I await your response. Respectfully, Debra K. Imielski Account Manager No. of Pages: J (Including Transmittal ettler) i DKIM0990 E .. . ........ 1. Glamuzina Construction $52,920.00 2. G G Grbavac Construction $57,900.00 3. David T. Wasden $58,700.00 4. R & L Sewers $59,720.00 corrected from $57,970 5. Excel Paving Company $61,020.00 corrected from $57,220 6. Andrew Papac & Sons $62,650.00 7. LA Engineering $63,860.00 8. 1 B. R. Day Construction $63,906.00 corrected from $64,506 9. Kana Pipeline $64,700.00 corrected from $63,950 10. Atlas- Allied $65,470.00 11. J. B. Pipeline $65,798.00 12. John Zgrablich Construction $65,821.00 corrected from $66,997 13. 1 Vasilj Construction $70,540.00 14. GMC Enterprises $70,897.70 15. Copper Backhole & Equipment $71,919.40 16. The Allison Company $73,610.00 17. Savala Construction $78,580.00 18. 1 BnB Engineering $87,566.05 -� ITY OF HUNTINGTON B C ETING DATE: �2-18-97/ DEPARTMENT ID NUMBER: PW 97-006 � R 7 -% L—,V Council/Agency Meeting Held: a2 Zj&9 7 Goo. to o Deferred/Continued to:� Approved ❑ Condit' Wally Approved El Denied ,Qep.,. City Clerk's Signature Council Meeting Date: 2-18-97 Department ID Number: PW 97-006 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator/Executive Directol;'W PREPARED BY: ES M. JONES II, Director of Public Works DAVID C. BIGGS, Director of Economic Develop nt SUBJECT: BID AWARD FOR CORSICAN DRIVE STORM DRAIN IMPROVEMENTS; CC-1036 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Statement of Issue: On November 4, 1996, City Council/ Redevelopment Agency authorized the "Call for Bids" for the Corsican Drive Storm Drain Improvements; CC-1036. On January 7, 1997, Staff received bids and now request Council award the construction. j Funding Source: Funds are available in the following expenditure accounts: $15,779.00 52,411.00 $68,190.00 CDBG account no. E-HN-ED-851-6-75-00 CDBG account no. E-HO-ED-851-6-75-00 TOTAL Recommended Action: 9� 1. Accept the second low bid submitted by Grgo & Gordon Grbava 10519 Freer Street, Temple City CA 91780, And, c Construc ion Company, 0023178.01 IPAI 02/04/97 7:51 AM REQUEST FORIOUNCIUREDEVELOPMENTIPGENCY ACTION MEETING DATE: 2-18-97 DEPARTMENT ID NUMBER: PW 97-006 2. Authorize the Mayor and City Clerk to execute the contract for the Corsican Drive Storm Drain Improvements; CC-1036; for a total bid amount of $57,900, And, 3. Authorize the Director of Public Works to expend $68,190 to cover contract cost of $57,900, estimated construction change orders of $5,790 and anticipated supplemental expenses of $4, 500. Alternative Action(s): 1. Deny the award of the contract to Grgo & Gordon Grbavac Construction Company and select one of the other responsive/ responsible bidders 2. Reject all bids and direct staff to re -advertise or abandon the project. Analysis: The Corsican Drive Storm Drain improvements are a result of community requests to mitigate local flooding problems. Staff has confirmed the need for a remedy and pursued CDBG funding to construct the improvements. The improvements consists of three catch basins and approximately 340 feet of 18 and 24 inch storm drain pipe. On November 4, 1996, the City Council/ Redevelopment Agency authorized the call for bids. Bids were received on January 7, 1997, and are summarized in order of increasing bid amounts: Bidding Contractor Bid Amount Notes 1. Glamuzina Construction $52,920.00 2. G G Grbavac Construction $57,900.00 3. David T. Wasden $58,700.00 4. R & L Sewers $59,720.00 corrected from $57,970 5. Excel Paving Company $61,020.00 corrected from $57,220 6. Andrew Papac & Sons $62,650.00 7. LA Engineering $63,860.00 8. B. R. Day Construction $63,906.00 corrected from $64,506 9. Kana Pipeline $64,700.00 corrected from $63,950 10. Atlas- Allied $65,470.00 11. J. B. Pipeline $65,798.00 12. John Zgrablich Construction $65,821.00 corrected from $66,997 13. Vasilj Construction $70,540.00 14. GMC Enterprises $70,897.70 15. Copper Backhole & Equipment $71,919.40 16. The Allison Company $73,610.00 17. Savala Construction $78,580.00 18. BnB Engineering $87,566.05 The apparent low bidder, Glamuzina Construction Company, did not comply with the proposal with regard to providing three references within the past two years from three public agencies for 0023178.01 -3- 02/04/97 7:51 AM REQUEST FOR41OUNCIL/REDEVELOPMENTIPGENCY ACTION MEETING DATE: 2-18-97 DEPARTMENT ID NUMBER: PW 97-006 performing similar work. Staff has also been unable to reach anyone at Glamuzina Construction Company using the provided telephone number. Staff has reviewed the bids and recommends the acceptance of Grgo & Gordon Grbavac Construction Company. The engineer's estimate for this project was $60,000, which is approximately 4% higher than the low bid of Grgo & Gordon Grbavac Construction Company. Staff has completed its reference check for Grgo & Gordon Grbavac Construction Company and has received favorable results from the clients that Grgo & Gordon Grbavac Construction Company has worked for in the past. Following is a summary of requested expenditure authorization: NOTES: Contract Amount Anticipated Change Orders Supplemental Expenses $57,900.00 5,790.00 4,500.00 Total $68,190.00 Standard 10% administrative Change Order limit per City Council Resolution Number 4896. Examples of possible change orders include changes in field conditions, unavailable materials, errors in the plans or changed City requirements. Soil testing, reprographics; etc. Environmental Status: The proposed project has been determined to be categorically exempt pursuant to Class 2, Section 15302 of the California Environmental Quality Act. Attachment(s): Location Map S.E.K. 0023178.01 -4- 02/04/97 7:51 AM ti MURDY PARK (CITY) z z mm z a U fN af O U LA MANCHA CR. CORSICAN i DR. i i i i i 0. C. F. C. D. - COUNTY CHANNEL TOULOUSE DR. a n� a 0 SCALE: 1 "=200' PROPOSED STORM DRAIN EX. STORM DRAIN CORSICAN ®RIVE AREA MAP CITY OF HUNTINGTON BEACH RTMENT OF PUBLIC WORKS CORRCAMP I RECEIVED CITY .CLERK CITY OF HUNTINGTON 6EACH, CALIF. JaN 7 2 o® PM 197 RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH, CALIF Jai 7 2 of PIS '97 a,),k jzlac 196 Fa_)64 I a / fo / 9 (p NOTICE INVITING SEALED BIDS for CC-1036 Community Development Block Grant Funded Project Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 PM on Tuesday, January'7, 1997, at which time bids will be opened publicly and read aloud in the Council Chambers for the Corsican Drive Storm Drain Projects located in the City of Huntington Beach. This project is federally funded by the Community Development Block Grant program and all requisites of Title 24 of the Code of Federal Regulations apply including Section 3, Part 135 (directing economic opportunities to low- and very low-income persons). A set of plans, specifications, and contract documents may be obtained starting Thursday, December 12, 1996 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $15.00, if picked up or $20.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 4th of November, 1996. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 0022645.01 • NOTICE INVITING SEALED BIDS for CC-1036 Community Development Block Grant Funded Project Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 PM on Tuesday, January 7, 1997, at which time bids will be opened publicly and read aloud in the Council Chambers for the Corsican Drive Storm Drain Projects located in the City of Huntington Beach. This project is federally funded by the Community Development Block Grant program and all requisites of Title 24 of the Code of Federal Regulations apply including Section 3, Part 135 (directing economic opportunities to low- and very low-income persons). A set of plans, specifications, and contract documents may be obtained starting Thursday, December 12, 1996 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $15.00, if picked up or $20.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 4th of November, 1996. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 0022645.01 Council/Agency Meeting Held: /// 11% Deferred/Continued to: AApproved ❑ Conditionally Approved ❑ Denied City Clerk's Sig ture Council Meeting Date: 11-04-96 Department ID Number: PW 96-076 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCIL MEMBERS/REDEVELOPMENT AGENCY MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministratojrF.,xecutive Director PREPARED BY: LES M. JONES II, Director of Public Works DAVID C. BIGGS, Director of Economic Development Al IR_11=rT- r`r)R.qIrAKI IIRIVF .qT(1RM npAiN IMPPnX/FKAFNTC• r r-1nRF, Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Approval of the final plans and specifications, and the authorization to advertise, is requested for the Corsican Drive Storm Drain System; CC-1036. Funding Source: Sufficient funds for the Corsican Drive Storm Drain Improvements are appropriated in two CDBG accounts E-HN-ED-851-6-75-00 and E-HO-ED-851-6-75-00. The engineers estimate for the storm drain project is $75,000 including incidentals. Recommended Action: 1. Approve the attached sample contract subject to award of contract to the lowest responsive / responsible bidder. And, 2. Approve final plans and specifications, and direct the City Clerk to advertise the Corsican Drive Storm Drain System for bid. Alternative Action(s): Deny approval of the Corsican Drive Storm Drain project. This would require the reprogramming of $75,000 of the Community Block Development Grant (CDBG) already awarded to the project. REQUEST FOR PUNCIL/REDEVELOPMENT A�ENCY ACTION MEETING DATE: 10-21-96 DEPARTMENT ID NUMBER: PW 96-076 Analysis: The Corsican Drive area is bounded by an industrial complex to the north, Gothard Street to the east, the Orange County Flood Control (Wintersburg) Channel to the south and the City's Murdy Channel to the west. The Corsican Drive area is approximately five feet lower than the surrounding streets and hence is subject to severe flooding during major storms. With the rim of the County's channel being approximately three feet higher than Corsican Drive, the current channel hydraulic's do not allow the area's storm drain system to work very efficiently. The addition of the proposed improvements will result in additional flood protection for the tract through added storm water storage as well as diverting storm flows on Gothard away from the tract. Although these improvements will help control the flooding, the area will not see ultimate flood mitigation until the county's channel is upgraded and current deficiencies are corrected. The Corsican Drive Storm Drain improvements are a result of community requests to mitigate local flooding problems. Staff has confirmed the need for a remedy. The improvements consists of three catch basins and approximately 340 feet of 18 and 24 inch storm drain pipe. Environmental Status: The Negative Declatation is pending for this project. Attachment(sl: Location Map Sample Construction Contract �iJlAi-� 0021370.01 -2- 10/09/96 1:53 PM LA MANCHA CR z Z J f � � o a m I. F-1 CORSICAN 0. C. F. C. D. WARNER AVE. LOCATION MAP DR. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS PRINCE DR. 3. C. F. C. D, 36LOCMAP NOT TO SCALE SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CORSICAN DRIVE STORM DRAIN IMPROVEMENTS THIS AGREEMENT is made and entered into on this day of , 1996, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., ,a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the Corsican Drive Storm Drain improvements, in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and 1 SAMPLE 3/K/CORSICAw10/22/96 very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice 2 SAMPLE 3/K/CORSICAN/10/22/96 • • or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the 3 SAMPLE 3/K/CORSICAWI 0/22/96 elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; 4 SAMPLE 3/K/CORSICAN/10/22/96 B. Bonds covering the work herein agreed upon; C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed 5 SAMPLE 3/K/CORSICAWI 0/22196 • • Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within �) calendar days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental toi 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 conditions 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 on CONTRACTOR on the premises. 6 SAMPLE 3/K/C.ORsICAN/10/22/96 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site 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 the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 7 SAMPLE 3/K/CORSICAN/10/22/96 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part 8 SAMPLE 3/K/cORSICAWI 0/22/96 LJ hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and 9 SAMPLE 3/K/CORSICAN/10/22/96 • • (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers 10 SAMPLE 3/KICORSiCAW 10/22/96 0 • performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work 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. CONTRACTOR agrees to secure payment of compensation to every employee. 11 SAMPLE 3/K/CORSICAWI 0/22/96 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 13. HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. 12 SAMPLE 3/K/CORSICAN/10/22/96 • • The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any 13 SAMPLE WK/CORSIcnw10/22/96 CJ • worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training 14 SAMPLE 3/K/cORsicnWl 0/22/96 Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of 15 SAMPLE WK/cORsicnW10/22196 • the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORs employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government 16 SAMPLE 3/K/CORSICAWI 0/22/96 • • Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized 17 SAMPLE 3/K/CORSICAWI 0/22/96 • • representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 18. 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/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed 18 SAMPLE 3/K/CORSICAWI 0/22/96 that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the 19 SAMPLE 3/K/CORSICAW10/22196 completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 20. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: 20 SAMPLE 3/K/CORSICAN/10/22/96 • • (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this 21 SAMPLE 3/K/cORsicAwl 0/22196 Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 24. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit 22 SAMPLE 3/K/CORSICAN/10/22/96 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25, AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. 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. 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 23 SAMPLE 3/K/cORsicA, W10/22/96 28. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate 24 SAMPLE 3/K/CORSICAN/10/22196 • • limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " 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 25 SAMPLE 3/wCORSICAW10/22/96 or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy 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. 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26 SAMPLE 3/K/CORSICAWI 0/22/96 33. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 34. 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 Califomia Govemment Code sections 1090 et seq. 35. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 27 SAMPLE 3/K/CORSICAWI 0/22/96 37. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. 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 contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are 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. 39. 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 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 28 SAMPLE 3/K/CORSICAWI 0/22/96 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 42. 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. 29 SAMPLE 3/K/CORsICAN/10/22196 43. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. 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 USC 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. To ensure compliance with these requirements, the CONTRACTOR shall provide the C 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. 44. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, 30 SAMPLE 3/►UcORsicnw1 0/22/96 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. 45. 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. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 46. 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 contract award, on the United 31 SAMPLE 3/K/CORSICAN/I 0/22/96 • • 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 Pollution control 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. 47. 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.). 48. 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. 32 SAMPLE WK/CORSICAWI 0/22196 49. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION; DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such 33 SAMPLE 3/K/CORSICAN/10/22/96 workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 54, 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 service expenses incurred by CONTRACTOR. 34 SAMPLE 3/K/CORSICAW 10/22/96 5& ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. 56. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/President/Vice President CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (circle one) Secretary/Chief Financial City Clerk Officer/Asst. Secretary - Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: City Attorneyff /e W41— City Administrator /d INITIATED AND APPROVED: Director of Public Works 35 SAMPLE 3/K/CORSICA W10/22/96 • • SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CORSICAN DRIVE STORM DRAIN IMPROVEMENTS TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 3. COMPENSATION 5 4. COMMENCEMENT OF PROJECT 6 S. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 7 8. BONDS 8 9. WARRANTIES 8 10. MINIMUM WAGE 8 11. PREVAILING WAGE LAW 11 12 WITHHOLDING 12 13. HEALTH & SAFETY 12 14. PAYMENT OF TRAVEL & SUBSISTENCE 13 15. APPRENTICES AND TRAINEES 13 16. PAYROLLS & BASIC RECORD 15 17. WITHHOLDING FOR UNPAID WAGES 18 18. LIQUIDATED DAMAGES/DELAYS 18 19. SUBCONTRACTS 20 20. INDEPENDENT CONTRACTOR 20 21. DIFFERING SITE CONDITIONS 20 22. VARIATIONS IN ESTIMATED QUANTITIES 21 23. PROGRESS PAYMENTS 21 24. WITHHELD CONTRACT FUNDS 22 25. AFFIDAVITS OF SATISFACTION OF CLAIMS 22 26 WAIVER OF CLAIMS 23 27 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 23 28. WORKERS COMPENSATION INSURANCE 23 29 INSURANCE 24 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 25 31. DEFAULT & TERMINATION 26 32. DISPOSITION OF PLANS, ESTIMATES AND OTHER 26 33 NON -ASSIGNABILITY 26 34. CITY EMPLOYEES AND OFFICIALS 27 35. STOP NOTICES 27 36. NOTICES 27 37. CAPTIONS 27 38. FEDERAL PARTICIPATION 28 39. DAVIS-BACON ACT 28 40. DISPUTES CONCERNING LABOR STANDARDS 28 41. CERTIFICATION OF ELIGIBILITY 28 42. DISCRIMINATION, MINORITIES, ALIENS 29 43. EQUAL EMPLOYMENT OPPORTUNITY 29 44. COPELAND ACT 30 45. CONTRACT WORK HOURS 30 46. CLEAN AIR ACT 31 47. ENERGY CONSERVATION 32 48. HOUSING AND URBAN DEVELOPMENT 32 49. SUBCONTRACTS 32 50. CONTRACT TERMINATION; DEBARMENT 33 51. COMPLAINTS PROCEEDINGS OR TESTIMONY 33 52. CONTRACT WORK HOURS AND SAFETY STANDARDS 33 53. VIOLATION; LIABILITY FOR UNPAID WAGES 33 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED 34 55. ATTORNEY FEES 34 56. ENTIRETY 35 3/K/CORSICAW10i1?!96 0- RCA ROUTING SkiIEET INITIATING DEPARTMENT: PUBLIC WORKS ENGINEERING SUBJECT: CORSICAN DRIVE STORM DRAIN;CC-1036 COUNCIL MEETING DATE: I November 4, 1996 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable .... . ......... ....... ........... .... ..... . ...... EXPLANATION FOR MISSING ATTACHMENTS Administrative Staff ( ) ( L' M Assistant City Administrator (Initial) City Administrator (Initial) ( ) City Clerk ( ) SECTIO N C 2• IMOMM for the CORSICAN DRIVE STORM DRAIN Uv PROVE1%1 ENTS from 100 FEET WEST OF THE INTERSECTION OF BARDON LANE TO 100 FEET NORTH OF THE INTERSECTION OF BARDON LANE and THE WEST SIDE OF GOTHARD STREET 72 FEET NORTH OF CORSICAN DRIVE TO THE SOUTH SIDE OF PRINCE DRIVE 107 FEET EAST OF GOTHARD STREET CASH CONTRACT No. 1036 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE XtAYOR AND 1VID1\IDERS 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 thirty (30) working days, including pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, 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. C-1 If awarded the Contract* undersigned agrees that in the even0of 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 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: fqf� Addenda No. Date Received Bidder's Signature C-2 WOJECT BID SCHEDULE . Item Estimated Iternwithunit price Extended No. Quantity written in words Unit Price . Amount 1 170 Const. 24" RCP per plans & specs. lin ft @ Dollars $ ao• C�O $ i %1 'Zp1(n Cents Per lin ft 2 180 Const. 18" RCP per plans & specs. �9h �O • o� I y, y p0' lin ft @ Do Lars $ $ �$C'O Z-P.tb Cents Per Lin ft 3 2 Const. junction structure type "E" per plans & specs. each @ 0)� Dollars $ 1 OOcn;00 $ -2-,occ Cents Per each 4 80 Remove & replace sidewalk per plans & specs. sq ft @ Dollars LJC)Cyt�o Z.e-r'O Cents Per sq ft 5 1 Const. N; =10' catch basin & local depression per plans & specs. each @ :j—=i"Q..- !1 `r.c�.7 r�c1.. Dollars $ 15% $ iJNMn; CO a L.Ca Cents Per each 6 2 - Const. a =7' catch basin & local depression per plans & specs. each @ -TV-,rn.] Y-A = Dollars $ Lk►CY'ri°p $ ►COY] Cents Per each 7 1 Break into ex. catch basin & const. new opening for 24" RCP. lump sum @ _Tu.X�1 - 1 Dollars $ Z�° $ 2�Obf� ZAe-c'O Cents Per lump sum 8 120 Remove & replace PCC cross gutter per plans & specs. sq ft @ T: i Dollars $ 1 S ota $ 1►%Cyy � ZC. Cents Per sq ft 9 1 Mobilization & demobilization of equipment & materials. lump stun @ 7\,A�0 Dollars $ '2_%C)nt-S' $ Z,CrY-Y O _2X54_b Cents Per lump stun 10 1 Control of traffic per specs. & Traffic Engineer requirements. lump sum '.'_RvQ- "vnd� @ MV%QDollars $ 1%fEQC5 D $ k%c5QC!i°� ZR.,C'O Cents Per lump sum C-Is i PROJECT BID SCHEDULES 0 Item. Estimated Item wit, :unit price Extended No. Quantity written.in words Unit Price Amount 11 1 Remove tree for new catch basin. each @ 1-7�. 7a- Dollars $ $ 150p• C�0 Z� Cents Per each 12 2 Const. ex. utility line proptection bridge per plans. ' each Vkjy—cA,c� •c�-�. Dollars $ 150C d $ t00p `0 `t. Z F.�t7 Cents Per each 13 100 Sawcut & remove existing curb & gutter per plans & specs. lin ft a �er �o\ w,n� Dollars $ $ I%Cam'ou ZP�U Cents Per lin ft 14 1 Preparation of traffic control plans by a Traffic Engineer lump ,sum a: ehw_ Dollars $ s_0(XD'm $ 11CM� Cents Per lump stun 15 1 Provide S\•agus Romanzoffianum (Queen Palm) per specs. each a '_ '- 1 W0 �11C��n►ar�c� Dollars $ ZP�'O Cents Per each 16 Not Used Dollars $ $ Cents Per 17 Not Used Dollars $ $ Cents .. Per Total Amount Bid in Figures: $ r31,90n,m ..Total Amount Bid in Words: Fl .... �??�......�. V..1.5.%�Q,......... ly x....... ...... i..�C�,s f., , ......,Doblar�:....................................... C-2s 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 of Work Name and Address of Subcontractor State License Number Class Ad By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 OONCOLLUSION AFFIDAVII* .. TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange nrAh ArVki [' , being first duly sworn, deposes and says that he or she is T of . the party making the foregoing bid that the bid is not made in th 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 Day fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. W Signature of Bidder 1051r, PP 4..64 917ev Address of Bidder Subscribed and sworn to before me this day of _ , 1991q . NOTARY PUBLIC 000Z `£'AoN eajidq •wwoo Apy Alunoo 1918BuV Sol i j� VINU0j'1V3 • v9nd duvm ,n1 u� �•; Ul i �dlld8li91'$'�d�� C-4 ALL-PURPOSE ACKNOWLEDGMENT F0 _•_•i•_• i._._•tate of California ' County of 0 SS. ' IOn In before me, SenKa 6rba ✓ad I (DATE) 4 (NOTARY) // '• personally appeared 40ChL LZC122yad -- ' SIGNER(S) ' personally known to me - OR- ❑ proved to me on the basis of satisfactory I 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 • Ithe same in his/her/their authorized ' • SENKA GRBAVAC capacity(ies), and that by his/her/their • Comm. # 1115510 signature(s) on the instrument the person(s), I ' OF • NOTARY PUBLIC • CALIFORNIA Los Angeles Coumy or the entity upon behalf of which the • fMy Comm. Expires Nov.3, 2000 person(s) acted, executed the instrument. ' I IWITNESS my hand and official seal. I • 1 • 1 NO RY•S SIGNATURE ' OPTIONAL INFORMATION • ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ' I ❑ INDIVIDUAL ! ❑ CORPORATE OFFICER ' TITLE(S) TITLE OR TYPE OF DOCUMENT ' ' ❑ PARTNER(S) ' • ❑ ATTORNEY -IN -FACT ' ❑ TRUSTEE(S) NUMBER OF PAGES ' • ❑ GUARDIAN/CONSERVATOR • I❑ OTHER: ' DATE OF DOCUMENT ! SIGNER IS REPRESENTING: ! ' NAME OF PERSON(S) OR ENTITY(IES) ' . OTHER . APA 1/94 VALLEY -SIERRA, 800-362-3369 • UTILITI' 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 CORSICAN DRIVE 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 i, ho, by reason of experience or instruction, is familiar ivith the operation to be pey formed 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: ,.6, � . q j by Foes. Title C-5 DISOALIFICATION QUESTIONARE 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? 0 Yes ) ( No If the answer is yes, explain the circumstances in the space provided. E 4 Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 A 1 • • ALL-PURPOSE ACKNOWLEDGMENT State of California • ICounty of SS. ' • On , � . R before me, �Qe). P_y-1kc" r Ina tl a (2- ' (DATE) (NOTARY) lly appeared C ordc� n 1 �-� rJonUCLrSIGNER(S) 7personallyknown to me - OR- ❑ proved to me on the basis of satisfactory I • evidence to be the person(s) whose name(s) • Iis/are subscribed to the within instrument and ' • acknowledged to me that he/she/they executed • ' the same in his/her/their authorized ' SENKA GRBAVAC capacity(ies), and that by his/her/their • ' COMM. 11115510 N "s signature(s) on the instrument the person(s), ' • NOTARY PUBLIC -CALIFORNIA or the entity upon behalf of which the • Los Angeles County ' My Camm. Expires Nov. 3, 2000 '' person(s) acted, executed the instrument. I IWITNESS my hand and official seal. I 1 I • I NOTARY'S IGNATURE I • I OPTIONAL INFORMATION • ' The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. • ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 1 ❑ INDIVIDUAL !• ❑ CORPORATE OFFICER I ' TTTLE OR TYPE OF DOCUMENT ' TITLE(S) ' ❑ PARTNER(S) ' ❑ ATTORNEY -IN -FACT • • ' ❑ TRUSTEE(S) f NUMBER OF PAGES • ❑ GUARDIAN/CONSERVATOR • ' ❑ OTHER: ' DATE OF DOCUMENT ' SIGNER IS REPRESENTING: ' ! NAME OF PERSON(S) OR ENTiTY(IES) i • OTHER � ._._._._._._._._._._._._._._._._._.J APA 1/94 VALLEY -SIERRA, 800-362-3369 COMPEPSATION INSURANCE CERTIWATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: n (o . 91 Cont for (-Inrdno �bG1UGC By yre�. Title C-7 UVERGROUND SERVICE ALER41 IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 —"BIDDER'S INFORMATION • BIDDER certifies that the following information is true and correct: Cirnor �- Bid&4 Narbe 10 s► q �Y'-�e.r S� . Business Address City, M- Telephone Number State Zip 'j ✓ L �,1 k F� State Contractor's License No. and Class Original Date Issued Expiration Date I - ivy— Z31 0 `to The work site was inspected by Qcco,r, C. of our office on 1—L— Z3 — , 1994F The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepare satisfy the Council of the City of Hun ington Beach of its ability, financially or other -,vise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. arrle Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this —L day of -�In— , 199� . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. I1� Name and Address of Public Agency _ {2 Flame and Telephone No. of Project Manager: &�e ��- S/�.� /f.C� r A6G5ZIdeh 22-0 , ©Q 6eUA?r 9:2Q. Contract Amount ..Type of Work _..... Date Completed Name and Address of Public Name and Telephone No. of Project Manager: 1940Ul 61oz Qti (71 T) 6 31- /73 / 42. Contract Amount Type of Work Date Completed e and Address of Public Agency Name and Telephone No. of Project Manager: tit " Mira 1 a 1e, �1417lig-461c6 Contract Amount Tibe of Work ' Date Completed C-10 RECEIVED CITY CLERK CITY OF NUNTINGTON 6EACH,CAUF. JAM 7 12 23 PM '97 / die GRIAVAC CON87'RUCTM INC. MIS FIREtERA 9 11REET • Sealed Corsican Bid Pr; ve Skorrn P r'cgi0 C►- rrC - Un4in n 5ecach 0000 Main S-Erec- �Ao f3c-Qch , UA qi a(4� 3c-An. `l .199'7 a',00 w SECTION C PROPOSAL EXo fr the twr fy� P IH T%�sf,K'K,� CORSICAN DRIVE STORM DRAIN UVIPROVETIDNTS from 100 FEET WEST OF THE INTERSECTION OF BARDON LANE TO 100 FEET NORTH OF THE INTERSECTION OF BARDON LANE and THE WEST SIDE OF GOTHARD STREET 72 FEET NORTH OF CORSICAN DRIVE TO THE SOUTH SIDE OF PRINCE DRIVE 1077 FEET EAST OF GOTHAR.D STREET CASH CONTRACT No. 1036 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE AlAYOR AND KENfBERS OF THE COUNCEL 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 Citv of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within thirty (30) working days, including pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, 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. C-I f awarded the Contract, thisdersigned agrees that in the event of, BIDDER'S default in executing the required cony and filing the necessary bonds and in ance 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 in the amount of S 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: 0 � Addenda No. Date Received Bidder's Signature G2 PROJECT BID SCHEDULE Item Estimated Went with unit price Extended No. Quantity written in words Unit Price Amount 1 170 Const. 24" RCP per plans & spas. link @ n1PP-k 5 Dollars $ Qom. co $ (C5,3 -?—Pxn Cents Per lin ft 2 180 Const. 18" RCP per plans & specs. lin ft @ 64 Do Lars S $ 4=E�Ir17 Z+ejrb Cents Per lin ft 3 2 Conn. junction structure type "E" per plans g specs. each @ C'�)'- 2 Dollars S 1%oat:; S Z,acc Ze�-n Cents Per each 4 80 Remote $ replace sidewalk per plans d specs. sq ft @ Dollars S -oo $ ycryoo Ze-rp Cents Per sq ft 5 1 Const. w =10' catch basin R local depression per plans g specs. each @ 1- i.�n.-�..c�.��o r.�+ Dollars S �v J $ tJ-' 1 Cc z�s-p Cents Per each 6 2 Const. w =7' catch basin & local depression per plans & specs. each Dollars S t-1, CYO' Me Cents Per each 7 1 Break into ex. catch basin &- const. new• opening for 24" RCP. lump sum @ Mi_xn Dollars S Z,Ccr7!;°p S 2L,atp 2-e-.0 O Cents Per lump sum 8 120 Remove & replace PCC cross gutter per plans k specs. sq ft @ Dollars S ISM %I= ZP�c� Cents Per sq ft 9 1 Mobilization &: demobilization of equipment K materials. ltunp sum @ TKO -T �,r,.�sa Dollars S Z.C)nr-j`a $ Z,CVn Cents Per lump stun 10 1 Control of traffic per specs. & Traffic Engineer requirements. lump sum kA @ n ..-, yc�_Dollatsrw S t C° St ltsoc�� Z-eX'O Cents Per lump sum I' C-Is PROJECT BID SCHEDULE 4 tem Esnmated m wit unit price Extended No. Quantity written in words Unit it Price Amount 11 1 Remove tree for new catch basin. each a -- . 4" r-'Ar-p-A Dollars S 5co'Op S Ism- CIO 7-P.M Cents Per each 12 2 Const. ex. utility line proptec6on bridge per plans. each ca 17 Dollars S .dD S %Iccc:)r D ZQ�O Cents Per each 13 100 sa►vcut &. remove existing curb g guner per plans 8: specs. lin ft Dollars S KY S 1► are' Zp�rU Cents Per lin ft 14 1 Preparation of traffic control plans by a Traffic Engineer lump sum a nr\p-- �� �..��ssan Dollars S 1,C= S 1 Zero Cents Per lump stun 15 1 Provide S►•agus Romanzoffianum (Queen Palm) per specs. each n �JUO i�1c�J�zkr-t-A Dollars S Z,om S-►OCOCJD ZC'�O Cents Per each 16 Not Used g - Dollars S S Cents Per 17 Not Used g Dollars S S Cents Per Total Amount Bid in Figures: S Fj ,9 • o0 Total Amount Bid in Words: �5. �...... .. ....... .2AJ ,........... n.i L.....H..o(\6.�........ C-2s JOST 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 5��� G. coo• �� IQ. r, tiq 25$$ �'• I By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 JONCOLLUSION AFFIDAVIT. TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange AprAnn being first duly sworn, deposes and says that he or she is h. of the party making the foregoing bid that the bid is not made in thLPinterest 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 Day fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. r Signature of Bidder 1051(; a=4. (',{� 9/79-6 Address of Bidder Subscribed and sworn to before me this day of -�.J- , 19911. NOTARY PUBLIC �„ ODOZ'E'eoN saudr3 'wwoo All Atunoo 161j6uy Sol / �p VMYDJI)Y)'�118nd ABV10N Vl 'W_ : Ul �0VAV989Ng.RVkW�+ C-4 . •UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTMTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the CORSICAN DRIVE STORM DRAIN DI URONTKENTS, (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 i,�ho, by reason of experience or instruction, is familiar with the operation to be performed and the ha: ards 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: - �,4, Cl rj by 7(-eS Title C-5 ALL-PURPOSE ACKNOWL&r4ENT • F 0 i•�►•�►•i•!•ii•i•i•i•i•i•i•�►•�.•�►•1tate of California County of SS. f 1 On JOI? b. 97 before me, SenKa A-ba✓ad ' (DATE) &rdQa (NOTARY) personally appeared 4n6ay-ad • ' SIGNER(S) ' Ipersonally 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 f • acknowledged to me that he/she/they executed • ' the same in his/her/their authorized • SENKA GRBAVAC capacity(ies), and that by his/her/their • ` — Comm. i 1115510 signature(s) • �s NOTARY PUBLIC • CALIFORNIA f Los Angeles CO&MIY or the ent my Comm. E:piles Nov. 3, 2000 person(S) ac • ' WITNESS 1 • f f • f ' OPTIONAL INFORMATIC IThe information below is not required by law. However, it could preven i edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTI !• ❑ INDIVIDUAL ❑ CORPORATE OFFICER ' TITLE(S) TIT '• ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT • ❑ TRUSTEE(S) f • ❑ GUARDIAN/CONSERVATOR ' ❑ OTHER: • • ' SIGNER IS REPRESENTING: ' NAME OF PERSON(S) OR EN "(IES) I • on the instrument the person(s), f ty upon behalf of which the i ted, executed the instrument. n hand and official seal. ' y ' f • NO RY'S SIGNATURE • N ' fraudulent attachment of this acknowl- ' • ON OF ATTACHED DOCUMENT ' .E OR TYPE OF DOCUMENT ' • • NUMBER OF PAGES ' • • DATE OF DOCUMENT • • OTHER ! APA t/94 VALLEY -SIERRA, 800-362.3369 DISQT*LIFICATION QUESTIONNAOE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ) ( No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPEDWTION INSURANCE CERTIFfPATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Cont for t-tnr. anyl A(D IUGC By ?rep. Title Date: _�an (o .99 9 - C-7 ALL-PURPOSE ACKNOWISCMENT F0 411111W 0-1111110. State of California ICounty of SS. ' IOn J Q I'1. R2 before me, PY► kG., C 1za 0 a 'L I • (DATE) /�� (NOTARY) ' perso ly appeared l-1, CC(J(t n C�_(ix UG, C' _ ' SIGNERS) ' personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Iis/are subscribed to the within instrument and ' • acknowledged to me that he/she/they executed • Ithe same in his/her/their authorized f SENKA GRBAVAC capacity(ies), and that by his/her/their • ' Comm. 11115510 'n signature(s) • NOTARY PUBLIC •CALIFORNIA =, or the ent f Los Angeles County lip ( ) My Comm. Expires Nov. 3. noo 71 persons ac • ' WITNESS j • • I • OPTIONAL INFORMATIC ' The information below is not required by law. However, it could preven i edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTI i• ❑ INDIVIDUAL ❑ CORPORATE OFFICER ' TITLE(S) TIT I• ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT • ' ❑ TRUSTEE(S) • ❑ GUARDIAN/CONSERVATOR I❑ OTHER: • I • • SIGNER IS REPRESENTING: ' NAME OF PERSON(S) OR ENTITY0ES) Le.4111111.•_•.911110.•i•_•_•_• �•_•�s••_• on the instrument the person(s), I ty upon behalf of which the i ted, executed the instrument. • ny hand and official seal. • I NOTARY' 1GNATURE i lfraudulent attachment of this acknowl- • I • ON OF ATTACHED DOCUMENT ' • • X OR TYPE OF DOCUMENT ' • • NUMBER OF PAGES ' • • DATE OF DOCUMENT • • OTHER ! _•_•_•_•_._.J APA 1194 VALLEY•SIERRA, 800-362-3369 UNORGROUND SERVICE ALER� ENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY up017 request. C4 . , S3IDDER'S INFORMATION 0 BIDDER certifies that the following information is true and correct: rawW. 1 :.-- l0 s► q :Rrrer S� Business Address City, State Zip c�K � y4a-a35� Telephone Number ✓ C- State Contractor's License No. and Class gp Original Date Issued Expiration Date - 4&jc-- Z1'7 - e ` o The work site was inspected by C cOyAzr of our office on 17L- -2..3 - , 1994F The following are persons, firms, and corporations having a principal interest in this proposal: C-9 ,The undersigned is prepared atisfy the Council of the City of Hunt' on Beach of its ability, financially or othenvise, to form the contract for the proposed and improvements in accordance with the plans and specifications set forth. arrf e SIL,hature of Bidder Printed or Typed Signature Subscribed and sworn to before me this --L day of , 199� . NOTARY PUBLIC 73 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: 2 Nami and Address of Public Agency Flame and Telephone 'N'o. of Project Manager: /k) 34 ., 220 , ©Oct 01225 3Pu,er In-.,2 . Contract Amount Type of Work I ..... Date Completed '7. ;)6. 7 Name and Address of Public Agency Name and Telephone No. of Project Manager: 3/- /73 / 1050, Om yu , �eu.,.' 7,ma. Contract Amount Type of Work Date Completed Na4ne and Address of Public Agency Name and Telephone No. of Project Manager: Q_1' e 11 715 - 6 Contract Amount of Work Date Completed C-10 ALL-PURPOSE ACKNOWI&GMENT F0 ��•_•i•i• i•itate of California County of SS. • In. On before me, SenKa, Grbaoc'c • (DATE) nn (NOTARY) ' personally appeared nr'elon 1 hLa`1a r SIGNERS) • Ipersonally known to me - OR- ❑ proved to me on the basis of satisfa evidence to be the person(s) whose na ' is/are subscribed to the within instrumel ! acknowledged to me that he/she/they ex( the same in his/her/their autho -tory ' me(s) • It and ' cuted I rized capacity(ies), and that by his/her/their • ' SENKA GRBAVAC signature(s) Comm.I1115510 or the enti NOTARY PUBLIC-CALIFORNIA Los Angeles County person(s) ac ' Arty Comm. Expires Nov. 3,1000 • WITNESS I 1 I ' OPTIONAL INFORMATIC IThe information below is not required by law. However, it could preven i edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTI • i❑ INDIVIDUAL ❑ CORPORATE OFFICER ITITLE(S) TIT] '• ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT • ❑ TRUSTEE(S) • ❑ GUARDIAN/CONSERVATOR I❑ OTHER: I • ISIGNER IS REPRESENTING: ' NAME OF PERSON(S) OR ENTITY(IES) I • Le -maw- 0 -44M. 0 .0m. 0-now. 0.110M.•i•i• i•i•i•�►• on the instrument the person(s), ' ty upon behalf of which the i :ed, executed the instrument. • f rty hand and official seal. • NOTw •S SIGNATURE • N • fraudulent attachment of this acknowl- 1 • DN OF ATTACHED DOCUMENT f • f .E OR TYPE OF DOCUMENT • I • I • NUMBER OF PAGES • • DATE OF DOCUMENT • I • 1 OTHER _•_•_•_•_•_.J APA 1/94 VALLEY -SIERRA. M362-3369 e INDEMNITY COMPANY of CALIFORNIA insccib-i0 L-w-O LU,t- BID BOND Premium is included in Performance Bond KNOW ALL MEN BY THESE PRESENTS, BOND NO. 20873-58 Bid Date: 1 i7 i97 That we, GRGO & GORDON GRBAVAC CONSTRUCTION COMPANY, INC. as Principal, and INDEMNITY COMPANY of CALIFORNIA, a California corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF H UN T IN G T ON BEACH 200 Maim Street, Huntington Beach, CA 92648 (hereinafter called the Obligee) In the full and Just sum of Ten Percent of Total Amount Bid Dollars, ($ 1" ) 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 C O R SI C AN DRIVE STORM DRAIN IMPROVEMENTS NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful perfor- mance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this Sixth day of January 19 97 GRGO & GORDON GRBAVAC C;n . TRTI 717TON COMPANY INC. 10519 reer Street Temp City, CA 91780 (818) 42-2356 INDEMNITY COMPANY of CALIFOR 17780 Fitch Irvine, California 927�4 (714) 263-VOO � ltv I . By: r avac, President Principal Aft.el He; y ICC 024 10193 GENERAL BID BOND POWER OF ATTORNEY OF I EMNITY COMPANY OF CALIFORNI ANEVELOPERS INSURANCE COMP N° 323178 P.O. BOX 19725, IRVINE. CA 92713 • (714) 263-3300 NOTICE: 1. All power and au I nor ity herein in ar.y event terminate on Inc of i oay o: mifch. 19yb. 2. This Power of Attorney is void if a!tetea or J any portion is erased. 3. Tnis Power of Attorney is void unless the Seal is readable, the teat i; in bro,n ink, ti- s.,;:,stweo w, in thud ^i, and tn;g notice is in red ink. This Power of Attorney snouia not Du returncJ to the Atturney(s)-In-FFact. o. i c,tr ', ro ,,wi , p,nnari,ni ;jr,, or the UUh,Jee b records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint "'C. MICHAEL HENLEY... the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyshpf in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authonh 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 fu: power of substitution and revocation; and all of the acts of said Attomey(s)-In-Fact, pursuant to these presents, are 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 INDEMNIn COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers o Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any Such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any suct Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertakinc or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respeetivc Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By QMJ& �/ r By DaVe F. Vincenti, Jr. OPANY0 D S to F. Vincenti, Jr. �t�SURg4, President GO pPOR President �Q a?- 0 ,lC GO q� O O z OCT. 5 — MAR. 27 o ATTEST u' 1979 i ✓r 1967 y � P <IFOA1:p, 4C IFOP� t By "` 6r Walter Crowell Waller Crowell Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti. Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfacton evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me trial he/she/tney executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature CERTIFICATE 4 C. V. BRINK • COMM.81036712 � NOTARY PUBLIC • CALIFORNIA ,. ORANGe COUNTY My Comm. Ex;, Aug. 21,1988� L�- -- ---- ----- The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CAV fORN1A, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force an as _ een revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors o1 said corporations set forth in the Power of Attorney, ar �pYt�eTigte of this C@nifrc This Certificate is executed in the City of Irvine, California, thi day of.. 99. INNDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY OPXN Y 0 \%%S URq i 0 POR�jP �POPPO cF c i OCT. 5 ; MAR. 27 By L.C. Fiebiger 0) 19fi7 By L.C. Fiebiger ui 1979 i Senior Vice President Oyi [rF pN`�J� Senior Vice President �O ID-310 REV. (2/96) CALIFORNIA ALL-PURPOIOACKNOWLEDGMENT No. 5007 State of California County of Los Angeles On ���7 before me, Carolann Wright DATE NAME, TITLE OF OFFICER • E-G., "JANE DOE. NOTARY PUBLIC' personally appeared C. Michael Henley NAME(S) OF SIGNER(S) ' ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 1--� capacity(ies), and that by his/her/their CAROLANN WRIGF{i signature(s) on the instrument the person(s), R Commission 11 1067733 Z Notary Public — CaMornia or the entity upon behalf of which the Los Angeles COUn1Y My Comm. Expires Aug6.1999 person(s) acted, executed the instrument. WITNESS my hard and official seal. SIGNATURIk OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park, CA 91309-7184 American Reliable Insurance Company Bid Bond Bond No. ARB 001 KNOW ALL MEN BY THESE PRESENTS: That we J.B. Pipeline Inc. as Principal, and the American Reliable Insurance Company, a corporation under the laws of the State of Arizona, authorized to transact business in the State of CA, as Surety are held and firmly bound unto: City of Huntington Beach (hereinafter called the obligee) in the full and just sum of: TEN PERCENT OF THE AMOUNT OF THE BID ******************************** ($ 10X********) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted the accompanying bid for: Storm Drain Improvements on Corsican Drive - #1036 NOW, THEREFORE, if said contract be awarded to the Principal and the Principal shall within such time as may be specified, enter into the contract in writing, and give bond, with a surety acceptable to the Obligee for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and affect. Signed and Sealed,this 3rd day of January 19 96 J.B. Plueline Inc. By: American Reliable Insurance Company y• Matthew R. Dobyns Attorney in Fact • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 I& No. 5907 State of California County of Orange On 1-3-97 before me, Mary Angel'- Notary Public DATE NAME, TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC - personally appeared Matthew R. Dobyns NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(Z5 whose name(g) is/sm subscribed to the within instrument and ac- knowledged to me that he xecuted -_,,,,= the same in his authorized �rt�c;j✓ �J,.'(L capacity and that by his (` �}Y`�S�'v r1j7C'11'.I. Ni�.�G i•�i� signature(l) on the instrument the person(s), > � `t. t3 ..;::n, `� :'.%.l*/,PY Yi:• ��.;v • C. it �r;t,ut 37 iISAqGE GUI�tiIY or the entity upon behalf of which the TA person(95 acted, executed the instrument. WITNESS my hand and official seal. IGNATURE OF NOTWY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL R1 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Reliable Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 AMERICAN RELIABLE INSURANCE COMPANY Administrative Office: 8655 E. Via De Ventura Scottsdale, Arizona 85258 LIMITED POWER OF ATTORNEY BPA B 08999 POIPF.R OF Al R0RNRY YAIJD IF NUMRRRL•D IN RRD Know All Men by These Presents, That American Reliable Insurance Company, a corporation duly organized and existing under the laws of the State of Arizona, and having its administrative office in Scottsdale, Maricopa County, Arizona, does by these presents make, constitute and appoint of— Fullerton and State of _Cnlifornfa its true and lawful Attorney -in -Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and of ix the seal of the Company thereto, if a seal is required, on bid bonds, consents of surety to final payment, or other written obligations in the nature thereof, as follows + RIn nONDS N.B.A. GUARANTEE. ACRF.EMENTI - MAXIMUM PENALTV S251).0011.00— and to bind the Company thereby as fully and to the some extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by the Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors critic American Reliable Insurance Company, at a meeting held on the 29th day of July, 1993. In witness whereof, American Reliable Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this 22nd day of October , AD., 1996 . AMERICAN RELIABLE INSURANCE COMPANY by: l ,� Stephen C. Kolb, Vice President State of Arizona SS: County of Maricopa On this 22nd day of October , in the year 1996 , before me Owen A. Dick , a notary public, personally appeared Stephen C. Kolb personally known to me to be the person who executed the within instrument as Vice President on behalf of the corporation therein named and acknowledged to me that the corporation executed it. eFFKUL SEAL Wig A. DICK Notary Public - Slate of Arizona MARICOPA COUNTY My Comm. Expires Sept. 22,1998 NOTARY PURL!C RESOLUTION OF THE BOARD OF DIRECTORS OF AMERICAN RELIABLE INSURANCE COMPANY WHEREAS, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in the states of the United States and the U.S. Virgin Islands. r RESOLVED, that (lie Company do and it hereby does authorize and empower the President, Executive Vice President or Vice Presidents in conjunction with its Secretary or one of its Designated Signers, under its corporate seal, to appoint any person or persons to act as its true and lawful attomey-in-fact, to execute and deliver any and all contracts, guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted to all actions or proceedings, or by law allowed; and FURTHER RESOLVED, that the signature of any officer authorized by resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof, such signature and seal, when so used being hereby adopted by the Company as the original signature ot'such officer and the original sent of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. I certify the above is a true copy of a resolution adopted at the meeting of the Board of Directors of AMERICAN RELIABLE INSURANCE COMPANY, on January 25. 1996. SECRETARY I, the undersigned Secretary of American Reliable Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do herchy fi!rther certify !!tat the Cert6ate of!hi. Norm of Attoraay is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the American Reliable Insurance Company at a meeting duly called and held on the 29th day of July, 1993, and that said resolution has not been amended or repealed: "Resolved, that the signature of the Secretary of the Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation" Given under my hand and the seal of said Company, this 3Yd day 31' January , 19 97 v, II THIS POWER OF ATTORNEY EFFECTIVE. ONLY IF A'ITACIIED TO BOND NO. ARB 001 SECRETARY A y, '1 CHUBWROUP OF INSURANW COMPANIES Bond No. That we, BID BOND FEDERAL INSURANCE COMPANY Amount $ Know All Men By These Presents, PALP Inc. dba Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars ($ 1 0 % ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 20th day of December A.D. nineteen hundred and 96 WHEREAS, the Principal has submitted a bid, dated January 7 19 97 for Corsican Drive Storm Drain Improvements Cash Contract No. 1036 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety .for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. PALP Inc. dba Excel Paving Company Principal By: -. FEDERAL INSURANCE COMPANY By: Douglas A. Rapp Attorney in Fact Form 15-02-0002 (Rev. 4-90) • • ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange 12/20/96 On before me, Christine M. Rapp, Notary Public Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared nnii g 1 as A_ Rapp Names(s) of Signers) 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 on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, r„ CHRISTINE M. RAPP >.� Comm, H 1102118 NOTARY PUBLIC•CALIFORNIA „I J' O!snge County uY Comm. Emfes July Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) _I'artner(s) _Attorney -in -Fact _Corporate _Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) A .w • • a POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT - - 15 Mountain View Road, Warren, NJ 07059 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California ------------------------------------- each its true and lawful Attomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified iri such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, last Instrument bonds; lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 3 Bonds on behalf of contractors in connection with bids, proposals or contracts. In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth day of • March 1994 Corporate Seal Kenneth C. Wendel Assistant Secretary STATE OF NEW JERSEY I ss County of Somerset FEDERAL INSURANCE COMPANY BY Gerardo G. Mauriz Vice President On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known and byme known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seal ♦ e PL'Et.Jr Acknowledged and Sworn to before me on the date ab written. � _. Notary Public �r A. scAvot� 36" Pab ie. SLnts of ?hw leery COM0No. o. 2Q<:i.520 rw�Iae EXP'ra: Oxo4F 2. 1994 Form 1510-M34 (Rev. 10-93) GENERAL P111�N F0 M•-KWZ7 (5w) U . ,r w State of County of CALIFORNIA LOS ANGELES On I - -1' 0 -� before me Celeste A. Graham, Notary Publi (DATE) (NAME/TITLE OF OFFICER•i.e.'JANE DOE, NOTARY PUBLIC71 personally appeared Palp Inc. DBA Excel. Paving Company INAMEIS) OF SIGNERISl1 by C.P. Brown President 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 >�p> CELESTE A. GRAHAM y '' same in his/her/their p authorized ca acity (ies), ;� COMM. # 99Z999 D w �o� '= v Notory Public Colitornlo and that by his/her/their m J signature(s) on the L05 ANGELES COUNTY instrumentthe person(s), MY COMMISSION EXPIRES JULY 30, 1997 or the entity upon behalf of which the person(s) acted, executed the instrument. ISEAL) Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Trtb or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Popes Data of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOTTS FORM E3240 Rev. 3.94 (price close 9.2A) 01994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) V m 0 'o CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNERIS) ❑LIMITED ❑GENERAL OATTORNEY IN FACT ❑TRUSTEE($) ❑GUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entitylies) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) OINDIVIDUALIS) OCORPORATE OFFICERIS) ITITLES) OPARTNERIS) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEEISI OGUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entitylies) 7 "1167775"63240il11 8 A.— - :, • • Southern California CBIC 23172 Plaza Pointe Drive CGNTRACTORS BONDING BID BOND Suite 185 Laguna Hills, CA 92653 AND INSURANCE COMPANY (714) 770-9733 (800) 274-CBIC (714) 770-9805 FAX KNOW ALL MEN BY THESE PRESENTS: That we, BNB ENGINEERING, INC. as Principal, (hereinafter called the 'Principal"), and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF AMOUNT BID not to exceed Twenty Thousand and 00/100 Dollars ( $20,000.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CORSICAN DRIVE STORM DRAIN IMPROVEMENTS GOTHARD DRIVE AND CORSICAN DRIVE HUNTINGTON BEACH, CA 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 proper payment of labor and material in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6TH day of JANUARY A.D. 1997 Witness Witness C325d-100M,8-75 198717 Approved by the American Institute of Architects, AIA Document No. A-310 February 1970 Edition BNB ENGINEERING, INC. Principal Title Surety: Contractors Bondi d Insurance Company ILLIAM SYR Attorney -in -Fact (Seal) II40 BndCBB1.03-US100900 o:\mis\create\bf0000??09.19.95 • BONGS AD Home Office: Limited 1213 Valley Street ,� P.O. Box 9271 Power of Attorney _ Seattle, WA 98109-0271 INSURANCE (206)622-7053 KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint WILLIAM SYRKIN of Laguna Hills, California, its true and lawful attorney -in -tact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver. (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of S1,250,000; (2) bid bonds for jobs where, it the contract is awarded, the SBA guaranteed performance and/or payment bond(s) will not exceed $1,250,000; (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excfuding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $3,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed S3,000,000; and (5) all other bonds not exceeding the penal sum of $500,000. Provided, however, that WILLIAM SYRKIN is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond; and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said attorney - in -fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on June 5,1996: RESOLVED that the President is authorized to appoint as attorney -in -fact of the Company WILLIAM SYRKIN with power and authority to sign on behalf of the Company: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance and/or payment bond(s) will not exceed $1,250,000; (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $3,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed $3,000,000; and (5) all other bonds not exceeding the penal sum of $500,000. RESOLVED FURTHER that WILLIAM SYRKIN is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company: Donald Sirkin, Steven A. Gaines, J.D. Minlo, Chris Reuman, Ann Crouf and Wm. Blair Meixell. RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attomey containing this and the foregoing resolutions as well as the Limited Power of Attorney itself and its transmission, may be by facsimile; and such Limited Power of Attorney shall be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attomey-in-fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 5th day of June, 1996. CONTRACTORS BONDING AND INSURANCE COMPANY By: Steven A. Gaines, President STATE OF WASHINGTON—COUNTY OF KING ,\NO AND /* trrr �0�; �RPORgT.�y�+ri �•• S�AL••� �", y'r`gSM I N On this 511h day of June, 1996, personally appeared STEVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the late o ashington, residing at Seattle ------------------- NOTARY PUBLIC STATE OF WASHINGTON MOLLY A. HUDSPETH MY Appointment Expires JAN 9, 1997 The undersigned, acting underauthorityof the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY, hereby certifies, as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and does hereby further certify that the said Power of Attorney is still in force and effect. GIVEN under my hand at LAGUNA HILLS. CA . this 6TH day of JANT IARY 19 97 PoaWS01.01-US060596 ALL-PUKPOSE ACKNOWLEDGMENT State of CALIFORNIA County of -- ORANGE On 1 /6/97 Date before me, REBECCA A. HAAS, NOTARY PUBLIC Name, Title of Officer — e.g. "Jane Doe, Notary Public" personally appeared WILLIAM SYRKTN , 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 Rebecca A. Haas signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted executed the instrument. U Comm.#1049415 , • NOTARY PUBLIC • CALIFORN OR COUNTY Gomm E pirasJan so.»g� WITNESS my hand and official seal, Signature of Notary OPTIONAL Though the information requested 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(s) ❑ Corporate Officer(s) Title(s) ❑ Partner(s) ❑ Limited ❑ General ® Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document 1 Number of Pages 1 /6/97 Date of Document SIGNER IS REPRESENTING: Signer(s) Other than Named Above Name of persons or entity(ies) CONTRACTORS BONDING AND INSURANCE COMPANY MscALPA.02-CA060194 • M at SAFECO-® BID BOND Conforms with The American institute of Architects, A.I.A. Document No. A-310 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 BOND NO. 562 73 67 KNOW ALL BY THESE PRESENTS, That we, SAVALA CONSTR. CO. as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH. as Obligee, hereinafter called the Obligee, ALL-PURPOSE State of CALIFORNIA County of ORANGE 12-27-96 before me, BARBARA J. BENDER NOTARY PUBLIC On r DATE NAME, TITLE OF OFFICER • E.Q..'JANE DOE, NOTARY PUBLIC personally appeared OWEN M. BROWN � NAME(S) OF S57E-R($) personally known to me to be the person(tij whose name(g) is/Mr subscribed to the within instrument and acknowledged to me that he/� executed the same in his/htetlWi riot !34R9�tRA J. BENDER, authorized capacity(ttt.4, and+ that by C6mtvt. #1097138 r4 his/ k signature(8) on the instrument V) f �pj{Y PUBIiC-CALIFORNIA y COUNTY ►+ the person(; or the entity upon behalf of ORANGE ICY mmki EXP. JUL 13. 20oo r whi a person(%) acted, executed the in rum nt. _ zl-� SIGNATURE 0 OTARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON( OR ENTITY(IES) SAFECO INSURANCE COMPANY OF ANSRICA ATTENTION NOTARY: Although the inlormadon requested below is OPTIONAL, it could prevent fraudulent anachment of this oeniAcate to an unauthorized document. THIN CERTIFICATE Title or Type of Document BID BOND MUST BE ATTACHED Number of Pages 1 Date of Document 12-27-96, BIDS 1-7-97 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than tamed Above SAVALA CONSTR. Co. �- 01992 NATIONAL N01 ARY ASSOCIATION • 8236 Remmel Ave., P.O. Box 7184 - Canoga Park, CA 91304.71 . • w. w POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 SAFECO� No. 9164 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint YxIINOsumn ammo tmons NOWEN M. BROWN, Anaheim, Ca1lfOrnlaMrrrrrNrr■rMtrrrrM�MMMMMMMM�rrrrr�rr Mr■ its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4 t h day of January , 1993 . CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws. and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto. and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." 1. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 27th day of DECEMBER 19 96 5-1300/EP 1/93 Registered trademark of SAFECO Corporation. V 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. Savala Constr. Co. Company Name b Signature Leonard Savala Printed or Typed Signature Subscribed and sworn to before me this 7thday of January 199 7 NOTARY PUBLIC KEL LEY G. SAVALA ` COMM. # 1041320 Notary Public — California s ORANGE COUNTY " A"y Comm. Explres JUN 23, 1998 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: L City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92702 Name and Address of Public Agency Name and Telephone No. of Project Manager: (714) 565-4028 66,062.00 Pipeline Contract Amount I Type of Work Date Completed 825 E. Third Street 2• San Bernardino County Flood Control District, San Bernardino, CA 92415-0835 Name and Address of Public Agency Name and Telephone No. of Project Manager: (909) 387-2800 91,362.60 Sanitation 10-31-96 Contract Amount Type of Work Date Completed P. 0. Box 54153 3• Metrnpnlitan Water District of Southern California. Los Angeles. CA 90054 Name and Address of Public Agency Name and Telephone No, of Project Manager: (213) 217-6000 153,250.00 Pipeline 10-96 Contract Amount Type of Work Date Completed C-10 KNOW ALL MEN BY THESE PRESENTS, That we, THE ALLISON COMPANY, a sole proprietor as Principal, and INDEMNITY COMPANY OF CALIFORNIA authorized to transact a general surety business in the State of CALIFORNIA bound unto CITY OF HUNTINGTON BEACH in the full and just sum of TEN PERCENT OF AMOUNT OF ACCOMPANYING BID BOND NO. N/A corporation as Surety, are held and firmly (hereinafter called the Obligee) Dollars, ($ 10% OF BID ) 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 CORSICAN DRIVE STORM DRAIN IMPROVEMENTS 100ft W. & N. of Bardon Lane Intersection/Corsican Drive & W. side of Gothard St./72 ft N. of Corsican Drive to the S. side of Prince Drive/ 107 feet E. of Gothard Street 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 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 3rd day of JANUARY 1997 THE ALLISON COMPANY, a sole proprietor INDEMNITY COMPANY OF CALIFORNIA / Sure BY: LL �( By: Principal B T STEWART Attorney -in -Fact ID 114 (Bid STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO On __ JANUARY 3, 1997 , before me, CHRISTINE A. PATERSON, NOTARY PUBLIC PERSONALLY APPEARED BART STEWART personally known to me (vr-preyed-fee-eft-t�+e�+esis sj,tibfactaIy_evi6mc0 to be the person($) whose name(s) is/ate subscribed to the within instrument and acknowl- edged to me that he/she/they-executed the same in his/ her/them authorized capadty(aes), and that by his/her/ their signature(g) on the instrument the person($), or the entity upon behalf of which the person(g) acted, executed the insburent. WITNESS my hand and official seal. Si gn ature Z,.., /,/Zz� CHRISTINE A. PATERSON COMM. # 1100763 H y . NOTARY PUBLIC • CALIF ORNtA n � . SAN DIEGO COUNTY �My Comm. Expires June %%V 2vCJ rrwNvir,Nw ThLc area for OfficialNotarial Seal _-u:-/Y.,is.•1.�1�.n2d:`.':): S�r::..� 7'd ::::v�r-.: �.'.: OPTIONAL • • Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER — ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) D GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: kAW OF PERso►us) OR E►MMIEs) INDEMNITY CO OF CA DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ZD-M Rev.6/% ALL-PURPOSE ACKNOWLEDGEMENT • POWER OF ATTORNEY OF • INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 2 9 9 816 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 d NOTICE: 1. All power and authority herein granted shall In any event terminate on the 31 st day of March, 1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3.. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***JEROLD D. HALL, JAMES F. TEGHTMEYER, BART STEWART, KATHLEEN M. MEEKS, JOINTLY OR SEVERALLY*" the true and lawful Attorney(s)-In-Fad, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attomey(s)-In-Fact full power and authority to do and to perform every ad 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, are 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 INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future wlth respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By 0WAV .044UJ..By )JAN D e F. Vincenti, Jr. ON,PANYO� D to F. Vincenti, Jr. Qg\NPOR,fi�c President ,G O POgq O President CL Z ? OCT 5 royT ATTEST - MAR. 27 0 y 1967 a �y 1079 O'y I PN�P�2Aoo44U O q lF ti`p t BY * BY Wafter Crowell Walter rowell Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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, executed the instrument. WITNESS my hand and official seal. C. V. BRINK I COMM. 1t1036714 0 SignatureU .� NOTARY PUBLIC . CALIFORNIA ORANGE COUNTY CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. I This Certificate is executed in the City of Irvine, California, this 3rd day of JANUARY , 199-Z_. (INDEMNITY COMPANY OF CALIFORNIA PDEVELOPERS INSURANCE COMPANY SU OOMP O Y OO PS \NP on A ���9 Q� V� �� 0 r 2` ? OCT. 5 n - MAR. 27 0 By�9- e- a r. L.C. Fiebiger o 1967 P 2By L.C. Fiebiger u' 1979 Senior Vice President ti /F aN� i� Senior Vice President '�O 9 /FO �� � AMEN ti } STATE OF CALIFORNIA }ss. COUNTY OF Orange } On January 7, 1997 , before me, Stephen David Nelson personally appeared Howard Cooper , 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, executed the instrument. WITNESS my hand and official seal. Sign, Title of Document Date of Document Other signatures not acknowledged (This area for official notarial seal) No. of Pages '" Stephen David Nelson U,>R . { Comm. #100,4175 0 NO PUBLIC - CALIFC^Nl/. ORANGE COUNTY (� Comm. Expires Sept. 6. 1997 3008 (1(94) (General) First American Title Insurance Company SPAR INSURANCE COMIRNY BID BOND BOND NO. - SA1316962 KNOW ALL MEN BY THESE PRESENTS, thatwe, Cooper Backhoe & Equipment, Incorporated as Principal (hereinafter called the Principal), and Star Insurance Company, a corporation under the laws of the State of Michigan, as Surety (hereinafter called the Surety) are held and firmly bound unto The City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Installation of Storm Drain (Corsican Drive) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ,nd day of .T i-ary , 19 97. Cnnp er RnnkhnP X Rgni m= Pnt, Tn�nrpnrated (Principal) B (Witness) Witness STAR CE COMPANY By/ — %Jame E. Gutmann Seal (Attorney -in -Fact) 10 46 SU 01 94 Page 1 of 1 [progslsuretylbonds) , CALIFORNIA ALL-PURP01 ACKNOWLEDGMENT • State of California County of Orange On January 2, 1997 before me, Drina S. Brewster, Notary Public, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared James E. Gutmann Name(s) of Signer(s) XX personally known to me — OR — whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s#eA];ey-executed the same in his/her/th& authorized capacity(ies) and that by Drina S. Brewster his/her/t#eir signature(s)on the instrument the person(s); �*> Comm. #1023755 or the entity upon behalf of which the person(s) acted, (lit' NOTARY PUBLIC CALIFORNIA� executed the instrument. c ORANGE COUNTY 1/ L . _ tt IF Comm. Expires April 21. 1998 J WITNESS my hand and official seal. R r111; / 7 L�2 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: Bond Document Date: January 2, 1997 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General XXAttorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Star Insurance Company RIGHT THUMBPRINT OF SIGNER Signer's Name: 0 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER ... 0 1994 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 sTJ& INSURANCE coMPOY GENERAL POWER OF ATTORNEY NO.: SA 1316962 (Void unless numbered in red.) KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint JAMES E. GUTMANN OF COSTA MESA, CALIFORNIA its true and lawful attorney -in -fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts or suretyship to be given to Applicable to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authroity shall exceed in amount the sum of one million ($1,000,000.00) dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 7th day of January, 1993. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Senior Vice Presidents and attested by one of its Assistant Vice Presidents this 13th day of March, 1995. Attest: STAR INSURANCE COMPANY By yJRpNCe0 O Ern�Douggherty,Assistant Vice President coRoORATF n Marc S. Willner, Senior Vice President STATE OF MICHIGAN } SEAT } SS.: ��CNIGP COUNTY OF OAKLAND } On this 13th day of March, 1995, before me personally came Marc S. Willner, to me known, who being by me duly sworn, did depose and say that he is a Senior Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above instrument; that lie knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order"PUBLIC BEN A. M v NOTA/�p.�a My Commission Expires: jDUBIiG _ CMEEN MTZ NocouIt CERTIFICATE Notary R"Ir+ Owdw U", L1 My Commission E*res Apr. 30,1999 I, the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the city of Southfield in the State of Michigan. Dated the 2nd day otJanuary , 1997 Mary J enaud, Assistant Secretary 6033-Mar.95 Page 1 of 1 BID BOND KNOW ALL BY THESE PRESENTS, That we, GMC Enterprises of P.O. Box 3217, Tustin, CA 92681-3217 (hereinafter called the Principal), as Principal, and FIRST NATIONAL -INSURANCE COMPANY OF AMERICA, n tt , Washington, a corporation duly organized under the laves of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Huntington Beach (ber+inafter called the Obligee) is the penal gum of Ten Percent of the Total Amount Bid ---------------------------------------------------------------------------------------- for the payment of which the PrIn4pal and the Surety bind themselves, their heirs, execvtors, acE-hiLifistare, suecemore and &algae, jointly And severally. firmly by thwaa presents. THE CONDITION OF THIS OBLICATION IS SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obligee on a oontmct for Corsican Drive Storm Drain Improvements NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, ester into the contract in writing, sad give bond, if bond is required, with surety acceptable to the Obliges for the faithful performance of the said Contract, then this obligation *hall be void; otherwise to remain in full force and effect. Signed and sealed this 6th day of $-920VEP 7104 January , 14 97 GMC Enterprises (Seal) Principal 6eet/ti. G�i��fi� 6�Z'A Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA By ,1 ffr R . rye Attc: acp-aoit- er ► • FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 08105 No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation. ,does hereby appoint rrrrrrounsuzu —NN rrJEFFREY R. GRYDE, San Clemente, C811fOrn18N�rrrrr��r�Mrr■NrrrrrNrMrrrrrrr• its true and lawful attorney(s)-in-fact, with full authority 10 execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 12 t h day of November , 19 93 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws. and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto. and (iii) Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." 1, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 6th day of January . 19 C)7 . S-1040/EP 7/04 A *4,w CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On January 6, 1997 before me, Patrice Zeis, Notary Public DATE - NAME, TITLE OF OFFICER- E.G., -JANE DOE, NOTARY PUBLIC' personally appeared Jeffrey R. Gryde NAME(S) OF SIGNER(S) , ® personally known to me-CrkXXd�F�C�4?6�ia9?rof►e to be the personM whose namefM isbWA subscribed to the within instrument and ac- PATRICE ZEIS knowledged to me that he/%K9ZI dy executed �� coMM.a1 oa»9s the same in hisl�ir authorized bsion Q ,oORR Pk COI ca„� capacityQ(tf and that by hisrXttr signature(§) on the instrument the persono), or the entity upon behalf of which the personM acted, executed the instrument. WITNESS and and official seal. SIG itRE61F NOTARY OPTIONAL No. 5907 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 TME(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT :• • TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Rommel Ave., P.O. Box 7184 • Canoga Park. CA 91309.7104 • • INDEMNITY COMPANY of CAUFORNIA BID BOND BOND NO. 20801-178 Bid Date January 7, 1997 Premium is included in Performance Bond KNOW ALL MEN BY THESE PRESENTS, That we, Vasilj. Inc. dba IVANKO as Principal, and INDEMNITY COMPANY of CALIFORNIA, a California corporation authorized to transact a general surety business in the State of _r a 1 ; n rn ; a as Surety, are held and firmly bound unto CITY OF H UN T IN G T O N BEACH 2O00 Main Street, Huntington Beach 92648 (hereinafter called the Obligee) In the full and just sum of Ten Percent of Total Amount Bid Dollars, (S 10 $ t 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 tf ►e accompanying bid for C O R SI C A N DRIVE STORM DRAIN IMPROVEMENT NOW, THEREFORE, If the said contract be timely awarded to the.Principal and the Principal shall, within such lime as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful perfor- mance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this Sixth ,Vasilj, Inc. dba IVANKO 1416 Avenida Entrada San Dirnds, CA 91773 (909) 599-2845 day of January 19 97 lva Vasilj President PrWupw INDEMNITY COMPANY of CAUFORNIA 177aO Fitch Irvine, California 9271 (714) 263.3 f3f Y: Al C,. Michael Henley Fbbo 10; C24 1OW GENEFLkL 810 BOND QPOWER OF ATTORNEY OF DEMNITY COMPANY OF CALIFO IA kl` % AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March, 1999. r 2. This Power of Attorney is void if altered or if any portion is erased. N° 323176 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice Is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***C. MICHAEL HENLEY' the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship In an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attomey(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, are 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 INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney-, RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 14th day of June, 1995. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By QW&- V By u DaVe F. Vincenti, Jr. ONPANYO� D to F. Vincenti, Jr. SvNSUR- President ,G O P 0 y f p President 0 GOPP O 4lCF 9 0 2' = OCT. 5 r — MAR. 27 0 ATTEST y 1967 a ul 1979 Oy IFOPN�P�2 O 47IFOP�P By * By /'t.� Walter Crowell Walter rowel) Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On June 14, 1995, before me, C.V. Brink, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the 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/herRheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Slgnature CERTIFICATE C. V. BRINK COMM. #1036712 0 -ps NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY *Comm. Ex;L Aug. 21,19H The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIF NIA, and Sersor Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and not n revok and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are ' o e dat .of is Certificate This Certificate is executed in the City of Irvine, California, thi day of IINDEMNITY COMPANY OF CALIFORNIA EV OPERS INSU ANCE COMPANY Q�PANYO� �kt%SUR4 �0 0 PO17 Cl Q�,40 r0 4 c'rn t 2' ? OCT. 5 n . =MAR. 27 0 1967 O BY 0 BY w L.C. Fiebiger p P 2- L.C. Fiebiger y 1979 Senior Vice President ?y IFOpN` i` Senior Vice President O 4 /FOPS e G i� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Los Angeles On _ f before me, _ D Carolann Wriaht NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared C. Michael Henley NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized .d...� capacity(ies), and that by his/her/their CAROIANN VMGHT signature(s) on the instrument the person(s), ]] Commision#106I, r z or the entity upon behalf of which the .� Notary Public — CalHornia > Los AngelesCounty_I person(s) acted, executed the instrument. My Comm. Expires Aug 6, 1999 WITNESS-rny h n ,,and official seal. SIGNATURE OF NOTARY OPTIONAL No.5907 Though the data below is not required by law, it may prove valuable to persons relying on the document_ and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of -LOS ANGELES On - / before me, CAROLANN WRIGHT , DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - personally appeared IVA VASILJ & IVAN VASILJ NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized CPROLANN WRIGHr a C i t I e S y Commission # 1067733 C a p y ( ) , and that b his/her/their NotaryPutgc— Caltfamlo signature(s) on the instrument the person(s), Los Angeles County MVComm E)q*esAug 6,19W ` or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS -my -hand and official seal. SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 n BID BOND BOND NO. P2454221-16 KNOW ALL MEN BY THESE PRESENTS, That we, John Zgrablich Construction Co. as Principal, and Reliance National Indemnity Company a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of Seven Thousand and no/100 Dollars, ($ 7, 000.00 ) 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 Cash Contract No. 1036 — Corsican Drive 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 party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 6th day of January 1997 JOHN ZGRABLICH CONSTRUCTION CO. Rr EtIA7J E NATIONALNDEMNJTY COMPANY By: Principal Marie C. King Attorney -in - ID 114 (61d Bond) CALIFORNIA ALL-PURAE ACKNOWLEDGMENT • " , No. 5907 State of _ California County of LOs Angeles On January 6, 1997 Darlene S. West, Notary Public before me, DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC - personally appeared Marie C. King NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. T Cornm _icn uvt-L`; p; Notcr/ c..,rcrl !a r WITNESS my hand and official seal Los Angel.esCourily My Comm. Ex.c:res r:'cr �i='tea>�`9�. •�``,�; SIGNATURE 6F NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER _ TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 �q� •RELIANCE �NCE COMPANY 007 30 . UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY VALID ONLY IF NUMBER IS IN RED ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Merle C. King of Le Crescents, California their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed: Contract Bonds - Maximum Penalty $600,000 All Other Bonds - Maximum Penalty $15.000 "ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING ITS EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY." and to bind the Companies thereby as full and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consents dated as of February 28, 1994, by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10, 1994. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this lot day of April 1994. RELIANCE INSURANCE COMPANY V�,yr UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY s�i�.t '�1 j aC Alf nur STATE OF Pennsylvania j COUNTY OF Philadelphia } as. On this, the let day of April, 1994, before me, Valencia Wortham, appeared Charles B. Schmalz, who acknowledged himself to be the Vice President of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company, and that as such, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I have hereunto set my hand and official seal. NOTARIAL SEAL Woy� VA WORTHAM, Notary Public `acv City of of Philadelphia, Phila. County(�iy�l1M��A� a fyy�) My Commission Expires Nov.18, 1998 'c;°^"' ` A.,oa A of ry u61ic in an or rate o ennsyvanTa Residing at Philadelphia I, Anita Zippert, Secretary of RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6th day of January t9 97 4/ ' ,y.____ II IL2,94 ^••• SBcretar THIS POWER OF ArMRNEY EFFECTIVE ONLY IF ArIACHED 1O BOND NO. P2454221-16 ❑ FIREMAN FUND INSURANCE COMPANY • El THE AMERICAN INSURANCE COMPANY AD NATIONAL_ SURETY CORPORATION FMMANS FUND ❑ ASSOCIATED INDEMNITY CORPORATION INSURANCE CaWANIES 0 AMERICAN AUTOMOBILE INSURANCE COMPANY SNOW ALL MEN BY THESE PRESENTS: That We, ATLAS -ALLIED, INC. BID OR PROPOSAL BOND (hereinafter called the principal), as principal, and AMERICAN AUTOMOBILE INSURANCE COMPANY , a corporation organ- ized and doing business under and by virtue of the laws of the State of MISSOURI , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNI as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH in the just and full sum of TEN PERCENT OF THE TOTAL AMOUNT BID (hereinafter called the Obligee) Dollars ($—`10%-- ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal for the CORSICAN DRIVE STORM DRAIN IMPROVEMENTS; CC #1036 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 6TH day of JANUARY 19 97 ATLAS -ALLIED, INC. By Wes- L EVA SICILIANI, SECRETARY/TREASURER AMERICAN AUTOMOBILE IN RANCE COMPANY B \J , Y D._ J. PICARD, Altnrney-in-Fact 360277—a.81 STATE OF CALIFORNIA COUNTY OF ORANGE On 1/6/97 PERSONALLY APPEARED SS. before me, BEATA A. ARGUELLO, NOTARY PUBLIC D. J. PICARD personally known to me Y �Ctii(C;�iR 9cf}S7f,fa;X3�?{3�KI to be the person(X) whose named€) is/M subscribed to the widlui instrument and acknowl- edged to me that he/OWIfM, executed the same in his/ WOOCR = authorized capacityOXs ), and that by his/}dim{/ ZW signatureM on the instrument the person(, or the entity upon behalf of which the person(K) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL pe•o� e-s- a .-•re a-+ a-r+.y e+ o r-a-r veo-e a-►ee� a •� eEATA A. ARGUELLO r Uj .5 140 ARY PUBIC: - CAI.:' 0F%!.!A M 01 Y`7 tJ'y C?r.IM. c : ras APR. 14, 1997 This aren for Officini 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 TITLr_(SI ❑ PARTNER(S) ❑LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN!CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME Of 1'Oa5ON(51 OR ENT�TY(IEs) AMERICAN AUTOMOBILE INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1/6/97 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE )D-osi Rev.6/94 ALL-PURPOSE ACKNOWLECGEWNT GENERAL POWER OF Y ATTORNEY AMERICAN AUTOMOBILE INSURANCE CO KNOW ALL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of Missouri, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint --- D. J. PICARD --- PLACENTIA CA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof ------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, scaled with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 4S and 46 of By-laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorney -in -Fact and Ageats to accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fad to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporadon. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fad and Agents shall be as prescribed to the Instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment.^ This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation!' IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affixed this I r d day of July ig 96 °•°''` AMERICAN AUTOMOBILE INSURANCE COMPANY 1 g r E A L: e i 1pyt5 w@�•tat By Vice-PresidentSTATE OF CALIFORNIA ss. COUNTY OF MARIN On this 3 r d day of July 1996 before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of AMERICAN AUTOMOBILE INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. r A. KRIEGER D Q COMM . * 1045112 +® NOTARY PUBLIC-CALIFORNIA O Notary Public 4ARIN COUNTY - r ry Ga-m. bores Mav 20.1 S 9_ -1 CERTIFICATE STATE OF CALIFORNIA as. COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By-laws of the Corporatioa, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and scaled at the County of M-rin. Dated the 6TH day of JANUARY 19 97 ••.•`o�oent u�•., :6EA L_i�e - -: ;r' - , Resident Ascuant Secretary 360711-AA-3-95 2=2=X=Z=UlC76RSAL SURETY OF AMER* UNIVERSAL SURETY OF AMERICA 11111111 KNOW ALL MEN BY THESE PRESENTS, that we, KANA PIPELINE, INC. as Principal (hereinafter called the "Principal"), and UNIVERSAL SURETY OF AMERICA , P.O. Box 1068, Houston, Texas 77251-1068, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto CITY OF HUNTINGTON BEACH Name, address, City, State, Zip, Phone Number as Obligee, (hereinafter called the "Obligee"), in the sum of 1 % of the amount of the bid described below but not to exceed Ten Percent of TotaTlEount Bid Dollars ($ 10% , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal has submitted a bid to Obligee for Corsican Drive Storm Drain (CC1036) Includes pipe delivery to complete junction structures catch basic and 18 and 24 RCP NOW, THEREFORE, If the contract be timely awarded to 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 into 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 the next low bid received by the Obligee for the work covered by Principal's bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 24th day of December , 1996 KANA UNIVE)2r- F AMERICA By RalplA Ei em, J J. a:\bid.bnd Principal Attorney -in -Fact Fomi 65 7/95 s UNIVERSAL SURETY OF AMERICA P.O. BOX 1068 -Houston, Texas 77251-1068 GENERAL POWER OF ATTORNEY - CERTIFIED COPY Agency Information GPA# 3001139 CA 1001815 00 Commercial Surety Bond & Ins Agency Know All Men by These Presents, That UNIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of the State of Texas, and having its pricipal office in Houston, Texas, does by these presents make, constitute and appoint Kris Stegner Leslie E. Davis Randy Spohn Ralph Eidem, Jr. of Anaheim and State of California its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver Bonds not to exceed $1,000,000.00 unless such is accompanied by letter of authority signed by the President, Secretary or Executive Vice President of Universal Surety of America. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do within the stated limitations, and such authority is to continue in force until 9/30/98 . Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the 1 Ith day of July, 1984. . "Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company." "RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any power of attorney of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation." In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, John Knox, Jr. and its corporate seal to be hereto affixed this 15th day of April, A.D.,1995. UNIVERSAL SURETY OF AMERICA r oUPfT� :4 a p� State of Texas as SIV. Y f�:�r ss: .4 '.ti Tin, .; ?• Jo nox, Jr. President County of Harris s On this 15th day of April, in the year 1995, before me, Rhonda K. Wilke, a notary public, personally appeared John Knox, Jr., personally known to me to be the person who executed the within instrument as President, on behalf of the corporation herein named and acknowledged to me that the corporation executed it. it � ��. )r Notary Public y I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in effect. GIVEN tinder my hand and the seal of said company, at Houston, Texas, this_ 24 th dayof Der -ember . 19 96. S Ass stant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may telephone (713) 7224600. 1776-1825/050 s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Oran On December 24, 1996 before me, K.L. STEGNER, NOTARY PUBLIC , Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared RALPH EIDEM, JR. Name(s) of Signer(s) M 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 K.L. STEGNEsame in his/her/their authorized capacity(ies), and that by COMM. #1115812 n his/her/their signature(s) on the instrument the person(s), m NOTARY PUBW-GUPORtdA � or the entity upon behalf of which the person(s) acted, ORANGE trrr� 00lINTY My CoUp, Ham, y, 2pp0 executed the instrument. _j WITNESS my hand and official seal. Li1114 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: Bid Bond December 24, 1996 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General n Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Universal Surety of America Signer's Name: Number of Pages: One ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee _ ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing 0 1994 National Notary Association • a236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll -Free 1-600-676-6827 jW N° 61.55 STATE OV CALIFOPMA DFPARTM -NT OF INSURANCE SAN F2UXCI= Certificate of .Authority Tim Is ra Catmrr, That, pursuant to the Znsurantce Code of the State of California, universal Surety of America Of Houston, Texas , organized under the f lairs of Texas , subject to its Articles of Incorporation or other funulamentat organizational documents, is hereby authorized to tmnsact w0hin this State, subject to all provisions of this certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. T= Cm=cAm is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws o.nd lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or drwmded. IN WrrxrsS WEMIToF, effective as of of August 19- °5, I have Hereunto set my hand and caused my official seal to be affixed this 3rd ___ dJ . _ Auqust -19 95 By Qualification with the Smetaq of State must be acoomplished as req promptly anex_issaraoe of this Ce=cate of Authority. Fauure to do so wM be a vtolstba of rw. rAap qp.. 7n, w State of Cn I fur n I G County of 1- Ci nQ On _11 f 19 tl before me, �_c6c h IEJATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE, NOTARY PUBLIC-1 personally appeared ljo(ll(�. C1 �C �'� LCc_ INAMEISI OF SIGNERIS(( Xpersonally known to me -OR- O ROBIN WE rH M comm. 01029055 = s . ^-r py puvuC CALEORNIA T1 Ytn Covo JJ June 5,1002 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, executed the instrument. Witness my hand and official seal ISEALI (SIGNATURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above WOLCOTTS FORM 63240 Rev. 3.94 (price class 8.2A) Q1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALIS► ❑CORPORATE OFFICER(S) (TITUSi ❑PARTNERIS► ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entity(ies) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUALIS) ❑CORPORATE OFFICERS) (TITUS) OPARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEEISI ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) u��I,IIIIIIIIIIIgIVIIIIMIA • • J* Fidelity and Deposit Company FOXE OFFICE OF MARYLAND BALTI.TIORE, AID. 21203 B I D BOND KNOWALL NIEv BY THESE PRESENTS: Los Angeles Engineering, Inc. Thatwe ....... I ..................... ................................ ............................... -----------------------------------------------------------•---.........................-•---------------------..............-----------• •-----•------------------------------------------------•- .......................... .................................................................... I as Principal, (hereinafter called the "Principal"), and the FIDELITY _kND DLPo-SIT COMPANY of NIARYLAPID, of Baltimore, Maryland, a corporation duly organized under the laws of the State of `'Iarvland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto ............ The City of Huntington Beach -------------------------------------------------------------------------------•---•-•---.................-- -----------•-----------••----•------•------------------------•-•---•---..............-•---.....................--.as Obligee, (hereinafter called the "Obligee"), in the sum of ....... Ten Percent of the Amount of the Bid Dollars ($.•.10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Corsican Drive Storm Drain Improvements WHEREAS, the Principal has submitted a bid for.................................................................................................. ....... Cash ... ontract . ..... No •• .. ....1036..................................... kate of California County of Los Angeles On A an. L( 1q.91 before me, Bonnie Lane (DATE) (NAME. TITLE OF OFFICER • I.E.. "JANE DOE. NOTARY PUBLIC') personally appeared Robert A. Gomez (NAME(S) OF SIGNER($)) cc W m 0 0 CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) ❑ PARTNER(S) (TITLE(S)) 7 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence X] ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S) I scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR i o me that he/she/they executed the same in ❑ OTHER: ( j is/her/their authorized capacity(ies), and that by Q BONNIE LANE i 1 s/her/their signature(s) on the instrument the ' Commission # 1105609 .� Notary Public — Colitomia or the entity upon behalf of which the SIGNER IS REPRESENTING: Los Angeles Countyerson(s) acted, executed the instrument. (NAME OF PERSON(S) OR ENTITY(IES)) My Comm. EVIres Jul 9, 2000 itness my hand and official seal. Los Angeles Engineering, Inc I (SEAL) (SIGNATURE OF NOTARY) ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. ; I; THIS CERTIFICATE Title or Type of Document Bid Documents MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document ; DESCRIBED AT RIGHT: Signer(s) Other Than Named Above FORM 63240—ALL WITH Yi REPRESENTATION/FINGERPRINT—Rev. 12.92 t:1992 WOLCOTTS FORMS. INC. • U UL PURPOSE ACKNOWLEDGENfENT r STATE OF CALIFORNIA S.S. COUNTY OF Los Angeles On January 7, 1997 before me, R _ 1 anrP Adair , Notary Puhl i r personally appeared Mark E. Shreckengast , X personally known to me; or proved to me on the basis of satisfactory evidence to be the person() whose name(a) is/acres( subscribed to the within instrument and acknowledged to me that he/sdxej)t�xeyx executed the same in his/)iAgAgkiAg authorized capacity(ie* , and that by his/,CXeA C kl4c .y signature(a) on the instrument the person(5) or the entity upon behalf of which the person(" acted, executed the instrument. WITNESS my hand and official seal. ;•••••••••••••••••••••••••••••••••••• (SEAL) R. LANCE ADAIR NJ=� A COMM. #1106675 q �GL�� S 2 • NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTYOUNTY My Comm. Expires July 24, 2000 S 2 ��� 0000000000* Signature of Notary Public CAPACITY CLAIMED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. .Individual(s) Corporate Officer(s) and Titles and Partner(s) Limited General Attorney -in -Fact Trustee(s) Trustees) Guardian/Conservator Other: Surety Signer is representing: ATTENTION NOTARY: Although the information requested below is optional," it could prevent fraudulent attachment of this certificate to unauthorized document. Title or type of document: Number of pages: Date of document Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE wph:VonnVcknowlc(rev 12192) wN/3:k(onirljc1Lnuwlg(rcv 12192) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute anaappoint Mark, E. Shreckengast of Los Angeles, California ............................... . ..................—.- - — its true and lawful agent and Attorney -in -Fact, to make, exec any and all bonds and undertakings... e and on its behalf as surety, and as its act and deed: An a execution of such bonds or undertakings in ce of the �1' nts, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had be executed knowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own pro ° r ons. Th ower of attorney revokes that issued on behalf of Mark E. Shreckengas °dated O�er 4, 1993. The said Assistant Secretary does hereby c at the ex forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and ' in force IN WITNESS WHEREOF, the said V' -Pr sident istant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY EPOSIT NY OF MARYLAND, this______________ 8th------------ --_—__day of ---------_—September A.D. FIDEOSIT COMPAINY OF MARYLAND ATTEST: SQL •...: By Ass' ecretary Vice-Presnt STATE OF MARYLA.W Cow, rt' OF BALTIMORE � SS: ' On this_-8th------ day of_____September ___ A.D. 19.94, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the sea] affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Luc CAROL J. FADER Nota Public My Commission Expires________________—August_1�_1996__r___� CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Compzuny, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ___7th day of ----------- January-------------------- 19 9_!__. ------------------------------- --------- ------------------------------- Assistant Secretary Llazs.-012-3605 ` ; BOND #010397WRL03 ;333 Brooklyn Avenue N.E. Seattle, WA 99105 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, Andrew Papac and Sons as Principal, hereinafter called the Principal, and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA of Seattle, Washington , a corporation duly organized under the laws of the State of Washington , as Surety, bereinafter called the Surety, are hold and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of 10Z of amount bid Dollars ($ 10Z of amount bid ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Corsican Drive Storm Drain Improvements; CC-1036 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 specifled 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 3rd day of January 1997 ANDREW PAPAl`,AND SONS (Seal) Witness % / ��� Principal OE rew G. Papac, Fresiaent Title Witness FIRST NATIONAL INSURANCE COMPANY OF AMERICA By William R. Lambert, ttorney-tn, a i Reglatered trademark of SAFECO Corporation. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • JIF:. 'I State of California County of Los Angeles On January 7, 1997 before me, Date personally appeared Andrew G. Papac Olga S. Moore, Notary Public Name and Title of Officer (e.g., `Jane Doe, Notary Public') Name(s) of Signer(s) &I personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/af=e subscribed to the within instrument and acknowledged to me that hefsheAhey executed the same in his/heMbetr authorized capacity(f s), and that by his/herAhei signature( on the instrument the person(s)), or the entity upon behalf of which the person(s) acted, " ' • OLGA S. MOOPE executed the instrument. COMM. 1t 1023120 z Z Notary Public — California ' 8' •' LOS ANGELES COUNTY WITNESS my hand and official seal. a••' My Comm. Expires AUG 26.19 SigAature of Notary Public OPTION Though the information below is not required bylaw, 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: Bid Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Andrew G. Papac i7 Individual [XI Corporate Officer Title(s): President ❑ Partner — ❑ Limited ❑ General Attorney -in -Fact ❑ Trustee 111 Guardian or Conservator 11 Other: "thumb Signer Is Representing: ANDREW PAPAC AND SONS Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Top of thumb here Signer Is Representing: C 1994 National Notary Association - 8236 Remmel Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800.876.6827 e , NAL POWER OF FIRST BROOKLYN NATIONAL INSURANCE COMPANY OF AMERICA 4ZURATTORNEY SEATTLE. WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seattle, W A 98105 No. 9 982 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint NNNNNNNMNM NM WILLIAM R. LAMBERT; HENRY F. WRIGHT; JOHN P. BROOKS; MARGARETA T. HIERL; Pasadena California MNN N N N N N N N N N N N N N N N N N N N N N N N N II N II N N N N N N N NN Its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 03 day of October . 19 96 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V. Section 13 of the By -Laws, and 00 A copy of the power -of -attorney appointment, executed pursuant thereto, and (III) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 3rd day of January 1997 S-1049/EP 11/95 W r ^CALIFORNIA ALL-PURPOS ACKNOWLEDGMENT • State of C ,&L, I%&v- r) l am. �Y County of On �� 3 ':17 before me, J)o1J O A 11 PrC� I -ELL-Arr3 Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") r personally appeared f5/LT Name(s) of Signer(s) 2-personally known to me ❑ proved to me on the basis of satisfactory evidence DONNA MAC LEUAN CommWw s 1118447 Notary A bft — Coufomlo Los Angeles County My Comm. Expires Nov 24. 2MO 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, executed the instrument. WITNESS my hand and 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Corporate Officer Title(s): Partner — Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ::1 Individual El Corporate Officer Title(s): ❑ Partner — Limited E. General ❑ Attorney -in -Fact E, Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 0 1996 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 % 4 INTERCARGO INSURANCE COMPANY ljilk 1450 East American Lane • 20th Floor „A Schaumburg, Illinois 60173-5458 1-800-394-3924 LB01-06660 BOND NO. PUBLIC WORKS BID BOND KNOW ALL MEN BY THESE PRESENTS, That we (Insert the full name and address of the principal below) hereinafter referred to David T . Wasden Inc. as Principal, 3220 Star Canyon, Corona, CA 91720 and INTERCARGO INSURANCE COMPANY, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of California—, are held and firmly bound unto (Insert the full name and address of the Obligee below) hereinafter referred to CITY OF HUNTINGTON BEACH as Obligee, 2000 Main St., Huntington Beach, Ca in the penal sum of (10%) of the amount of the Bid, not to exceed Ten Percent (10%) of the Attached Bid------------ Dollars ($ — — — — — — — — — — — — — ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for (Insert project description and location below) Corsican Drive Storm DrainlHuntington Beach Location :Huntington Beach,California NOW,THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated this 7th day of January 1 1997 (Seal i/ applicable) (Witness) avid . Wasden Inc. 1 in or type name of principal) By: (Signature of authorized representative) % 4l%l�J' f� , 14F f (Type name and title) (Witness) a .. ,e a . SEA fuulutf .SEAL #120 IN (Name typed) IHBBL-4 (8/96) STATE OF CALIFOWt - .---- COUNTY OF RIVURSIDE SS. _ ))� JANUARY 7, 1997 _ , hefore mc, _ VERON.ICA-_L_.__PRATT_,._N.QTAR.Y_P-UaLl_C PERSONALLY APPEARED MATT H_LW--C , WaLTY ,_AT.MRNEY_JN_FACT personally known to me (or proved to me on the basis of satisfactory evidence) to he the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(~) on the instrument the person(s), or the entity Upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. f Signature �� G OPTIONAL KA%f C*T-rn. E r' ,w AUGR, 11� ti - � This ar('rr for Ofririal Notarial Sral 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 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITV(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE II'-OSI Rv% A1Qj ALL-PURPOSE ACKNOWLEDGEMENT VOID IF NOT USED BY: •� INTERCARGO INSURAIM COMPANY 1450 East American Lan Oth Floor 1I1/���D/L�V97 PA Schaumburg, Illinois 60173-5458 1-800-394-3924 No Power of Attorney on this form shall be valid as to bonds, undertakings, recognizances or other written obligations approval cotle POWER N in the nature thereofexecuted on or after said expiration date 11JJ�L LD I IIIIII II II IIIII IIII I II IIII IIIII II II III III LB0 ¶ —0 660 PRINCIPAL Davial T. Wasalen Inc. 3220 Star 'Canyon„ Corona, 'CA, 91720 OBLIGEE 'CITY OF lH[IUNTINGTON BEACH 2000 Main St. Huntington Beach'Ca DESCRIPTION & LOCATION OF OBLIGATION Corsicana Drive Stornan Drain/HuntingtonBeach Location -Huntington Beach, 'CA PENAL SUM PRINCIPAL TAX ID. # (10%) of the Attacbeal ! IA JPROJECT 95-42231 1 'Cc10,76 LIMITED POWER OF ATTORNEY To be used only in conjunction with the bond specified herein. This Power of Attorney may not be used in conjunction with any other Power of Attorney. This Power of Attorney is void if altered or erased. This Power of Attorney bears the numbered seal of INTERCARGO INSURANCE COMPANY. No representations or warranties regarding this Power of Attorney may be made by any person other than an authorized officer of INTERCARGO INSURANCE COMPANY, and must be in writing. Questions or inquiries regarding this Power of Attorney must be addressed to INTERCARGO INSURANCE COMPANY, Attention: Contract Bond Underwriting Department. This Power of Attorney shall be governed by the laws of the State of Illinois. KNOW ALL MEN BY THESE PRESENTS: That INTERCARGO INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois does hereby nominate, constitute and appoint: its true and lawful Attorney -in -fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, as follows:' IBial �Bonals an to $300,000 as a percentage of the annount hial Ecense & Fernnit anal Rliscellaneous h�•onnals up to $500,000 Perfornnance & Pa3�•"nnent �Bonals up to $1,400,000.0© inaliviJUdIlT Court. Bonals laps to $5,001000.00 Such bonds and undertakings, when duly executed by the aforesaid Attorney -in -fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. STATE OF ILLINOIS ss. COUNTY OF COOK 1, Michael L. Rybak Secretary of the INTERCARGO INSURANCE COMPANY a corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that i have compared same with the original and that it is a correct transcri``�IitC4t I��'' �f the whole of the original and that the said Power of Attorney is still in full force and effect and has not been r IN WiTNESS WHEREOF, I have hereunto set my hand C%p_ mpany, at C) pp __ cr • F claa ns�� nrg• TX1nn�Otc this ,1tln c Z ayjtga�� �J ,.a"\NSV N 4 iv v:aP_. rE'A .., t� •y,•.. t; CA r� SECRETARY CON-24L(09/96) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of RIVERSIDE On JANUARY 7, 1997 before me, VERONICA L . PRATT, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G.. "JANE DOE. NOTARY PUBLIC" personally appeared DAVID T. WASDEN AND ANE WASDEN NAME(S) OF SIGNER(S) personalty known tome - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helsheilhey executed the same in hisiherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. A. x F� 7NES my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYPES) DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE SG-4007/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8230 Remmet Ave.. P.O. Box 7184 0 CAnogn PAlk. CA 91309-7184 -;w • BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, R & L SEWERS, INC. (hereinafter called the Principan, as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH in the just and full sum of (hereinafter called the Obligee) TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ------------- Dollars ($ 10% OF BID ------- I lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBUGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the "CORSICAN DRIVE STORM DRAIN (ADD/ALT), #1036" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 27TH day of DECEMBER 19 96 R & L SEWERS, INC. By. WASHING T 1 IONAL INSURANCE COMPANY By kidiAEL A. QUIGL �; r Attomey—in—Fact +r � STATE OF _ COUNTY OF wr CALIFORNIA ORANGE DECEMBER 27, 1996 PERSONALLY APPEARED , before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature r SS. M. TREDINNICK, NOTARY PUBLIC MICHAEL A. QUIGLEY OPTIONAL This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) n nE(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYpES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT WASHINGA INTERNATIONAL INSURASE COMPANY POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Comapny, a corporation organized and existing under th laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHA INN BLUME, JENNIFER JOHNSTON, MICHAEL A. QUIGLEY AND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, c permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, Jul 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, ani undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Speciz Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney issued in pursuant to this section and/c any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revok the authority given him. 2, The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and th corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, b, facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixe, in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY WHEREOF, hington International Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by 01j1" 9q b *rer, this 2nd day of November, 1994. CORPORATES; 9 SEAL :ci �4�ey AR)ZOffA STATE OF ILLINOISii� , ?��:�►,W COUNTY OF COOK) ASHINGTON INTERNATIONAL INSURANCE COMPANY Iliam D. Sterrett, Chairman of the Board On this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, anc being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. "OFFICIAL SEAL" _ CHIZISTINE ZARETSKY lot tf-tary Public, State of Illinois istine Zaretsky, ota Public Myy C:mm sfcn Expires 10-7-96 � My Commission E fires ctober 7 1996 CERTIF�36ArTl%- r 111 - STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIF that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article II Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are nog in force. Signed and sealed in the County of Cook. Dated the 27THday of DECEMBER 19 96 ,52. Z/ Lewis M. Moeller, Secretary 7 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY Ti-IESB PRESENTS, That we, GLAMUZINA CONSTRUCTION CO., INC. as Principal, hereinafter called the Principal, and FIRST NATIONAL INSURANCE OOMPANY OF AMERICA of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, 1 in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (S 10% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CORSICAN DRIVE 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, 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 2ND day of JANUARY 19 97 GLAMUZINA CONSTRUCTION CO. , INC. (Seal) Principal Witness � �!� Title FIRST NATIONAL INSURANCE OCMPANY OF AMERICA Witness By 'Oy)j KATHERINE TIBERI Attorney -in -Fact ROLLINS HUDIG HALL, SAN FRANCISCO ® Registered trademark of SAFECO Corporation. S-541EP 2193 PRINTED IN U.S.A. • CALIFORNIA ALL-PURPI ACKNOWLEDGMENT r T= State of California County of San Francisco On JANUARY 2, 1997 before me, DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC" personally appeared KATHERINE TIBERI NAME(S) OF SIGNER(S) X❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed )I LAURAL.PLAISANT S the same in his/her/their authorized �,04,'- COMM. At040335 : ca acit les and that b his/her/their Ul NOTARY PUWC - CAUFMNIA �P Y( ), Y`�s:NFRANc)scocouNiYtv si natures on the instrument theperson(s), My Comm Ex*es Sept 30, t 998 l� 9 O 1 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL ❑X ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) THE SURETY COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 7 POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA ATTORNEY 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 98105 4333 Brooklyn Avenue N.E. Seatde, W A 98105 No. 8383 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ■.«■■r■■.r■.■■rKATHERINE TIBERI; MICHAEL B. MCGOWAN; San Francisco■■r■.■■.■..■■r■■■■■.■.■■■.. its true and lawful attorney(s)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its, regularly elected officers at. its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 21 s t day of June , 19 96 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any, Vice President, the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course Of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws, and 00 A copy of the power -of -attorney appointment, executed pursuant thereto. and (iii) Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." 1, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 2ND day of JANUARY , 19 97 S-1049/EP 11/95