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GUENO DEVELOPMENT COMPANY, INC. - 1998-09-08
4 RECEIVE (Nam#" (Date) ,CS CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes (ext. 5260) after signing/dating FBCITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: �ih /��r��li. �� �z/�P�.•C� DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. /D9/ MSC No. Approved OILJ7- 96- (Council Approval Date) (Company Name) Agenda Item No. Gc **DUPLICATE ORIGINAL** BOND 0650-26-044826 Prem.Incl.in Perf.Bond MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That Gueno Development Company, Inc. as Principal, and Employers Insurance of Wausau, a mutual company , a corporati( organized and existing under the laws of the State of Wisconsin and duly authorized under the laws of t State of California to act . as Surety, are held and firmly bound unto the City of Huntington Beach in the sum of One Hundred Eighty Four Thousand Eight Hundred Forty One and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DOLLARS ($ 184,841.00 ), lawful money of the United States of America, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. SEALED with our seals and dated thic 26th day of August ) 1999 WHEREAS, on the Company, Inc. 8th day of September , 1999 , the said Gueno Development entered into a contract for Beach Boulevard Water Line Crossings, CC1091 and WHEREAS, under the terms of the specifications for said work, the said Gueno Development Company, Inc. is required to give a bond of maintenance to protect the said Obligee against the result of faulty materials or workmanship for period of one year from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said Gueno Development Company, Inc. shall for a period of one year from and after the date of the completion and acceptance of same by s, Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to void; otherwise to remain in full force and effect. APPP�O�TED A., TO FORIA: GAIL T Y BY: e , , i Form S-3231-0 11=64 Gueno Development Company, Inc. (Princip By REBECCA BROWN, SECRETARY Employers Insurance of Wausau, a mutual company B' Y David G. Harri , Attorney-in-F S-2605/GEEF 2/98 No. 206-1 22- 00036 EMPi MRS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint DAVID G. HARRIS, R. A. BASS, MAUREEN E. SCHMIDT its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead. to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBi.IGATIONS iN THE. NATURE. THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS ($10,000,000). z and to hind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with 0 the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said LU attornev-in-fact may do in the premises. Z This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a cc meeting duly called and held on the 18th day of May. 1973, which resolution is still in effect: Q -RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF w WAUSAU A Mutual Company he, and that each of them hereby is, authorized to execute powers of attorney qualifying na. theattorney named in the given power of attorney to execute on behalf of EMPIOYERS INSURANCE OF WAUSAU A Q Mutual Company bonds• undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, ~O and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach Z thereto the seal of'EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company' to "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU w A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and O any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding 0 upon the EMPLOYERS INSURANCE OF WAUSAii A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract of suretvship to which it is attached.- w iN WITNESS WHEREOF. EMPLOYERS INSURANCE: OF WAUSAU A Mutual Company has caused these presents to be w signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day of z Q DECEMBER , 19 98 U) = -tll EMPLOYERS INSURANCE OF WAUSAU A Mutual Company SEAL By e1 '.�r�CIL " J. Stephen Ryan / Vice President LL 7, w Attest: Z O R. J. B steman Assistant Secretary H STATE. OF WISCONSIN ) ss. 0 COUNTY OF MARATHON ) On this IST day of DECEMBER , 1998 before me personally came w 3: J. Stephen Ryan to me known, who being by me duly swom, did depose Oand say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so 0 affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. J Q IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and vear herein first above written. - Z_ Z U) to Patricia A. Herdina Notary Public = NOTARY PUBLIC �� •" "4a STATE: OF WISCONSiN ) STATE OF WISCONSIN CITY OF WAl1SAl1 ) ss. MYCOINIVIISSION EXPIRES MAY 19, 2002 w.a COUNTY OF MARATHON ) CERTIFICATE I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation. do hereby certifv that the foregoing and attached power of attorney. WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this 26th day of August lq 99 t- R. J. Bc,ternan Assistant Secretary NOTE: IF YOI' HAVE ANY QUESTIONS REGARDING THE: VALIDITY OR WORDING OF THIS POWER OF ATTORNEY. CALLTOLL FREE (SOO) 826-1661. (IN WISCONSIN, CALL (SOO) 472-0041). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On August 26, 1999 before me, Maureen E. Schmidt,notary public Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared David G. Harris Name(s) of Signer(s) Maureen E. Schmldtt U Comm. #1086009 .0 NOTARY PUBLIC CALIFORNIA� City 6 County of San Francisco Comm. Exp. Feb. 11, 200tl a Place Notary Seal Above n personally known to me ❑ 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/�A�� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 NationaF Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder WHEN RECORDED MAIL TO: 11111111111111111111111111111111111IIIIII CITY OF HUNTINGTON BEACH IIIIIIIIIIII11111111111 No Fee PO. Oc of Box City Clerk 005 15016887 59990546659 09; 21dm 07/27/99 48 Huntington Beach, CA 92648 N1 2 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, 1' Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Gueno Development, Incorporated who was the company thereon for doing the following work to -wit: ��✓� Beach Boulevard Waterline Crossings — CC-1091 That said work was completed July 19,1999 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, July 19, 1999. That upon said contract Employers Insurance of Wausau, A Mutual Company was surety for the bond given by the said company as required by law. OThis 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 22nd day of July, 1999. City Clerk and e x-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 22nd day of July, 1999. C� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 75 Y City g of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: DATE: 1�-4__q°I 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. �L DAN T. ILLELLA, Director of Finance I certify that no stop notice re on file on the subject at this time. Date: 9/ 191 S ROBERT F. BEARDSLEY, Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: 3 I OZ> CONNIE BROCKWAY, City Clerk/ I certify that there are no outstanding invoices on file. Date: t 0- 2-7 - f n V J SkAJA F EI ENRICH, City Treasurer 10% Retention Payment 06/08/99 12:54 PM 03/10/2000 FRI 15:56 FAX 213 748 0476 GUENO DEVELOPMENT CO INC EO ' d -Til01 Z 002 L) ECLARATTON OF SATISFACIION OF CLAY S REBECCA BROWN, SECRETARY FOR is GUENO DEVELOPMENT CO., INC. ( A, CORP) , 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 9/8/98 BEACH BLVD WATER LINE CROSSING 2. All workers and persons employed, all arms suppl3 ing 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 withNotices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state `-TONE") HARDEN SUSCO I declare under penalty of perjury that the foregoing is true and correct. Executed at LOS .ANGELES, CA on this 14TH day of FEBRUARY 2000 . GM0 DMLOPHENT CO . , INC. oe BY (Signature of Contractor) REBECCA BROWN, SECRETARX 9!ee\c3shwn2 x, 13 Z0iZ0'd FIST VLE bTL HCd39 NOiSNIINnH SV:ST 000z-0T-8UW CA,%, 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 CASH CONTRACT 1091 BEACH BOULEVARD WATER LINE CROSSING Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid. Signature and Title REBECCA BROWN, SECRETARY g:cc cashconl ri 4�.y 11 T - CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GUENO DEVELOPMENT CO., INC. FOR THE BEACH BOULEVARD WATERLINE CROSSINGS PROJECT (CC-1091) TABLE OF CONTENTS Paize No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 AND SPECIFICATIONS 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 9 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 9 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 10 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 12 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 13 27. NOTICES 13 28. CAPTIONS 13 29. IMMIGRATION 13 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY' S FEES 14 32. ENTIRETY 15 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GUENO DEVELOPMENT CO., INC. FOR THE BEACH BOULEVARD WATERLINE CROSSINGS PROJECT (CC-1091) THIS AGREEMENT, made and entered into this Ftt day of �5.EP7—e-1 Js6A , , 1998, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Gueno Development Co., Inc., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Beach Boulevard Waterline Crossings Project (CC-1091) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 4/s:4-Agree:Gueno910 RLS 98-578 Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter 4/s:4-Agree:Gueno910 RLS 98-578 of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by 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 One Hundred Eighty-four Thousand Eight Hundred Forty-one Dollars ($184,841.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute the PROJECT to completion within ninety (90) consecutive working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 4/s:4-Agree:Gueno910 RLS 98-578 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change 4 4/s:4-Agree: Gueno910 RLS 98-578 order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR 4/sA-Agree:Gueno910 RLS 98-578 shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. 6 4AA-Agree:GuenoM RLS 98-578 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 no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; 4/sA-Agree:Gueno910 RLS 98-578 M (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all 8 4/s:4-Agree: Gueno910 RLS 98-578 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 DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, employees and agents from and against any and all liability, claims, 9 4/sA-Agree:Gueno910 RLS 98-578 damages, losses, expenses, judgments, costs and demands, however caused, including but not limited to concurrent active or passive negligence, those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE 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 arising out of or in connection with 10 4/sA-Agree:Gueno910 RLS 98-578 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 limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; 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 or a copy of all 11 4/s:4-Agree: Gueno910 RLS 98-578 . 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 CITY, its agents, officers, employees and volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 4/sA-Agree:Gueno910 RLS 98-578 IPA 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 13 4/sA-Agree:Gueno910 RLS 98-578 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 14 4/s:4-Agree: Gueno910 RLS 98-578 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: GUENO DEVELOPMENT CO., INC., a California corporation By: Andrew J. G6eno, President ► 011� Rebecca Brown, Secretary REVIEWED AND APPROVED: Cit dministrator 4/s:4-Agree: Gueno910 RLS 98-578 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk 101.4 APPROVED AS TO FORM: / P 'S 6 ityAttorney b'� J INITI APPROVED: 7 /7' 7,j Directo of Public Works 15 i M-0-1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 19, 1999 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, e�" &"� Connie Brockway City Clerk CB/jc Enclosure: Notice of Completion — CC-1054 — Bus Stop Accessibility Project ( Telephone: 714536-5227 ) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept The Beach Boulevard Waterline Crossings Project CC-1091, and File a Notice of Completion COUNCIL MEETING DATE: July 19, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable 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 REVIEWED RETURNED FOR DED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: Charlonne CVJI� 1rJ I have received Performance Bond No. 0650-26-044826, Employers Insurance of Wausau. a mutual company, Maintenance Bond No. 0650-26-044826, Employers Insurance of Wausau, a mutual company and Payment Bond No. 0650-26-044826 for Gueno Development Company, Inc. Re: CC-1091 — Beach Boulevard Waterline Crossing Project, Approved 9/8/98. Dated: By: _ Bond# 0650-26-044826 Premium $ 2,662.00 PERFORMANCE BOND CALIFORNIA PUBLIC WORK KNOW ALL BY THESE PRESENTS: That we Gueno Development Company, Inc. Principal, and Employers Insurance of Wausau, a mutual company , Surety, a corporation organized and existing under the laws of the State of Wisconsin and authorized to transact surety business in the State of California, are held and firmly bound unto the City of Huntington Beach , Obligee, in the sum of One HundredEighty Four Thousand Eight Hundred Forty One and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------------ ---------------- Dollars 184,841 00 ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated for Beach Boulevard Water Line Crossings, CC 1091 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall. remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. Signed, sealed and dated September 21 1998 Gueno Develop Comp , Inc. (Seal) ANDRE J. GU540, PRESIDENT Principal Employer ce Wausau, a mu al company By �.; AJ 'i'u FORMI David G. Harris, Attorney -in -Fact GALL KTJTTON CITY ATT R:iEY By: e ,1 :.I City Attorney S-2532/GEEF 11/97 No. 2os-11s- 00232 Y Z 0 w tr 4 a LU w tL 0- Q H O Z to O H Z w w Q Q u. >- w Z tr O E- F- d w O m w O tL J d Z z a to 2 H EMM MERS INSURANCE OF WAUS4J A Mutual Company POWER OF ATTORNEY KNOW AI.L MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint DAVID G. HARRIS, JOHN J. CASEY SWAN LEE, R. A. BASS its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUN OF TEN MILLION DOLLARS (110,000,000- an to hind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said att<rrney-in-fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 197:3, which resolution is still in effect: -RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or 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 EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company:' "FURTH ER RESOLVED. that the signatures of such officers and the seal of EMPLOYERS INSURANCE. OF WAUSAU A Mutual 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 hearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual 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. EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day of FEBRUARY . 19 97 r' = .;� EMPLOYERS INSURANCE OF WAUSAU A_Mutual Company ii ySEAI �l By J. Stephen Ryan Attest: - / r R. J. B steman Assistant Secretary STATE OF WISCONSIN ) ss. COUNTY OF MARATHON ) Vice President On this 1ST day of FEBRUARY 19 97 , before the personally came J. Stephen Ryan to me known, who being by me duly swom, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and 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 Patricia A. Herdina Notary Public NOTARY PUBLIC STATE OF WISCONSIN ► STATE OF WISCONSIN _ _ CITY OF WAUSAU , �,. MY COMMISSION EXPIRES MAY 24, 1998 a COUNTY OF MARATHON ► CERTIFICATE I, the undersigned, assistant secretary of EMPLOYERS INSURANCE: OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE: MARGIN THEREOF IN REI) INK, remains in full force and has not been revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau, Marathon County. State of Wisconsin, this 21st day of September 19 98 A X /, =, SEAL Tr' R. J. Besteman Assistant Secretary NOTE: IF YOU HAVE ANY (,QUESTIONS REGARDING THE: VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, CALI. TOLI. FREE (800) 826-1661. (IN WISCONSIN, CALL. (800) 472-0041). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On Sept.21, 1998 before me, Date personally appeared Maureen E. Schmidt,notary public Name and Title of Officer (e.g., 'Jane Doe, Notary Public") David G. Harris Name(s) of 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 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. Maureen E. Schimi-:tE WITNESS m hand and official seal. U-' '- comm. ;r1085009 Y ;, :.c� (<j, � - —;: r; _!?;OTF.A'/ PU3LIC CALIFORNIA r ty County of San Francisco �7 Comm. C:;7. Feb. 11, 2000 -a j +�!r �• r C cy— " JO)a 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: David G. Harris e Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Employers Insurance of Wausau A Mutual Company RIGHT THUMBPRINT OF SIGNER of thumb here Signer's Name: 1 i Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER of thumb here ® 1995 National Notary Association " 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That Gueno Development Company, Inc. BOND 0650-26-044826 Prem.Incl.in Perf.Bond as Principal, and Employers Insurance of Wausau, a mutual company , a corporation organized and existing under the laws of the State of Wisconsin and duly authorized under the laws of the State of California to. act . as Surety, are held and firmly bound unto the City of Huntington Beach in the sum of One Hundred Eighty Four Thousand Eight Hundred Forty One and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DOLLARS ($ 184,841.00 ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. SEALED with our seals and dated this 21 st WHEREAS, on the Company, Inc. day of day of September 1998 entered into a contract for Beach Boulevard Water Line Crossings, CC1091 and , , the said Gueno Development WHEREAS, under the terms of the specifications for said work, the said Gueno Development Company, Inc. is required to give a bond of maintenance to protect the said Obligee against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said Gueno Development Company, Inc. shall for a period of one year from and after the date of the completion and acceptance of same by saic Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. Gueno Development ompany, Inc. (Principal f By AYrltuvED AS TO FORM:, ANDRE J. GU 0, PRESIDENT GAIL HUTTON CITY ATT NEY By: Employers Insurance of Wausau, a mutual company y City Attorney i By Davi . Harris, Attomey-in-Fac Forth 5-3231-0 11=64 5-2605/GEEF 2/98 No. 2065-1 1 5- 00230 Y Z 0 w tr Q w 0- o_ Q f— O Z to w O 0 F- Z w w E— zQ z on 2 Z tr O F- H Q LL O M w O LL 0 J Q Z Z Q to EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW AI.L MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint DAVID G. HARRIS, JOHN J. CASEY SWAN LEE, R. A. BASS its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF CONTRACTS. NOT TO EKCEED THE PENAL SUM OF TEN HELLION DOLLARS (110,000,000 It - n to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the l8th day of May, 197:3, which resolution is still in effect: -RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or 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 EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company." "FURTHER RESOLVED. that the signatures of such officers and the seal of EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company may he 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 and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual 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, EMPLOYERS INSURANCE. OF WAUSAU A Mutual Company has caused these presents to be signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day of FEBRUARY , 19 97 . EMPLOYERS INSURANCE OF WAUSAU A Mutual Company E: co.roa,r ; i� SEp�;1j By J. Stephen Ryan Attest: — R. J. steman Assistant Secretary STATE OF WISCONSIN ) ) ss. COUNTY OF MARATHON ) Vice President On this 1ST day of FEBRUARY , 19 97 . before me personally came J. Stephen Ryan to me known, who being by me duly sworn, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and 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. 1 have hereunto set my hand and affixed my official seal the day and year herein first above written. a. Patricia A. Herdina Notary Public NOTARY PUBLIC erg^••.q STATE OF WISCONSIN STATE OF WISCONSIN CITY OF WALISAL) MY COMMISSION EXPIRES MAY 24, 1998 a.. COUNTY OF MARATHON CERTIFICATE I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this 2lSt day of September , 19 98 ,f /i "/-* /l <.,SEAL j R. J. Besteman Assistant Secretary ., NOTE: IF YOU HAVE; ANY (QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, CALL TOLI. FREE (800) 826.1661. (IN WISCONSIN, CALL. (800) 472-0041). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On Sept.21, 1998 before me, Maureen E. Schmidt,notary public Date Name and Title of Officer (e.g., `Jane Doe, Notary Public") personally appeared David G. Harris Name(s) of Signer(s) KI 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. r c-� - - WITNESS my hand and official seal. Cox i 1!�, 3 aiay 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 G :NEW David G. Harris Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Employers Insurance of Wausau A Mutual Company RIGHT THUMBPRINT OF SIGNER of thumb here Number of Pages: 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 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 PAYMENT BOND Bond// 0650-26-044826 CALIFORNIA PUBLIC WORK Premium $ Incl . in Perf . Bond KNOW ALL BY THESE PRESENTS, That we, Gueno Development Company, Inc. as Principal, and Employers Insurance of Wausau, a mutual company a corporation organized and existing under the laws of the State of Wisconsin and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach , as Obligee, in the sum of One HundredEighty Four Thousand Eight Hundred Forty One and 00/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------------------------------------- Dollars($ 184,841.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above -bounded Principal has entered into a contract, a copy of which contract is by reference made a part hereof, dated with the obligee for Beach Boulevard Water Line Crossings, CC1091 NOW, THEREFORE, if the above -bounded Principal or his subcontractors shall fail to pay any of the persons 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, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his sub -contractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an agreeable amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 21 st day of September , 1998 Al'i'hovp,') o�, 'i'U i JtiM: GAIL HUTT,) CITY ATTC w Y By: D t By: Attorney Gueno Develop e t Comp y, Inc. Principal ANDRE J. GUE , PRESIDENT Employers Insurance of Wausau, a mutual company Surety By David 6. Hams, Attorney -in -Fact S-2531/GEEF 2/98 No. 206-115- 00231 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW AI.L MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint DAVID G. HARRIES, JOHN J. CASEY SWAN LEE, R. A. BASS its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF INCLUDING CONSENTS OF SURETY AND WAG TO THE Y CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUN OF TEN MILLION DOLLARS Z (110,000,000-y p an to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with w the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said tr attorney -in -fact may do in the premises. Z This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a Qmeeting duly called and held on the 18th day of May, 197:3, which resolution is still in effect: w "RF.SOLV ED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF tL WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying a the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE, OF WAUSAU A Q Mutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, H and that each or any of them hereby is, authorized to attest the execution of any such power of attorney, and to attach Z thereto the seal of EMPLOYERS INSURANCE, OF WAUSAU A Mutual Company." to "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE. OF WAUSAU w A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and pany such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect iZ to any bond, undertaking or contract of suretyship to which it is attached:' r� Uj IN WITNESS WHEREOF. EMPLOYERS INSURANCE, OF WAUSAU A Mutual Company has caused these presents to be V Uj signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day of Z < FE MARY 19 97 . '-`"- EMPLOYERS INSURANCE OF WAUSAU A�1Mutual Company y ,t�j.r(d(fr tiVJ`/"'�_j B Q LL J. Stephen Ryan Vice President w Attest: - Z i O R. J. steman Assistant Secretary H Q STATE OF WISCONSIN ) LL ) ss. O COUNTY OF MARATHON ) w On this 1ST day of FEBRIIARY , 19 97 - before me personally came J. Stephen Ryan to me known, who being by me duly sworn, did depose O and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which a' executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so J 0 affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Q IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year herein first above written. Z Z _ a v) Patricia A. Herdina Notary Public = NOTARY PUBLIC ~ WISCONSIN) STATE OF WISCONSIN STATE OF WISCONSIN TA OF WAUSAU MY COMINUSSION EXPIRES MAY 24,1998CITY a COUNTY OF MARATHON) CERTIFICATE I. the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN REI) INK, remains in full force and has not been revoked: and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau, Marathon County. State of Wisconsin, this 21st day of September 19 98 If zi i': SEAI R. J. Besteman Assistant Secretary NOTE: IF YOU HAVE ANY (,QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, CALL TOLI. FREE (800) 826-1661. (IN WISCONSIN, CALL (800) 472-0041). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On Sept.21, 1998 before me, Date personally appeared Maureen E. Schmidt,notary public Name and Title of Officer (e.g., "Jane Doe, Notary Public") David G. Harris Name(s) of Signer(s) IN 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. C ul'. Sir �� ^( WITNESS my hand and official seal. ;. r.^m.��.,. �y��v�c� 'In NOTARY PU^c'.IC CALI=CRNI .t, Cce e a San Frnnzco (� ;/ City Comm �;,JFeb. 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: David G. Harris G ■ ■ ■ ■ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Employers Insurance of Wausau A Mutual Company RIGHT THUMBPRINT OF SIGNER Number of Pages: 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 0 1995 National Notary Association • 6236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 PUBLIC NOTICE SECTION A' NOTICE INVITING SEALED BIDS for the Beach Boulevard Water Line Crossings CASH CONTRACT No. 1091 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, in- vites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on Au- gust 18, 1998. Bids will be publicly open_ in the Coun- cil Chambers unless other- wise posted. Copies of the Plans, Specifications, and con- tract documents are avail- able fromI Office of the 13irgelar''of Public Works, 2000 Main Street, Hunting- ton Beach, CA 92648,'upon -payment of a $15.00 nonre- fundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions' of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the min- imum prevailing rate of per diem wages for each craft, classification or type of workman needed to ex- ecute the contract shall be those determined by the Director of Industrial Rela- tions of the State of Califor- nia, which are on file at the Office of the Director . !. Public Works, 2000 Main Street, Huntingtdn Beach, CA 92648. The AGENCY will deduct; a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the pro- visions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby at- .1irmatively ensures that mi- nority business enterprises will be afforded full op- portunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex or religion in any consideration leading to the award of contract. No bid shall be consid- ered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be ac- companied by a certified check, cashier's check or a bidder's bond made pay- able to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Busi- ness and Professions Code and shall possess a State Contractor's License Class at the time of the bid open- ing. The successful Con- tractor and his subcontrac- tors will be required to pos- sess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregular- ity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, day the 6th day of July 1998. Attest: Connie Brock- way, CITY CLERK OF! THE _ CITY OF HUN-', TINGTON BEACH Published Huntington Beach -Fountain Valley In- dependent July 16, 23, 30, ' 1998. 073-742 HUNTINGTON BRACH • FOUNTAIN VALLEY THE NEWPM BEACH. 5WA-MW PILOT Client Reference # Independent Reference # 02�-7i�Z Dear Advertiser: Enclosed please find clipping of your ad from the first publication, beginning - If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ . 25. Thanks for your cooperation and patronage. Sincerely, r- Judy Oetting Manager L Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 9W-3030 (714) 965-7174 FAX je CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIIJ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: © lobez, &U., Z9 9.0 TO: A en Am00mwl Name S et City, State, Zip ATTENTION: AdwC u% V . auen0 DEPARTMENT: REGARDING: See Attached Action Agenda Item & — Y Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk r Attachments: Action Agenda Page Agreement V Bonds �� Insurance RCA Deed Other CC: -Z S&V N Dep ent RC Agrees Instuange other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name - Company Name - Date G:Followup/coverltr (Telephone: 714536-5227) 3eer,6/4!y'0" dh#,k1,o n n e - e Ja, CITY OF HUNTINGTON BE MEETING DATE: July 19, 1999 DEPARTMENT ID NUMBER: PW 99-068 Council/Agency Meeting Held:•7v� rred/Continued to: �Approveondi all ,Appro Denied ER09%,6u Clerk's Signature Council Meeting Date: July 19, 1999 Department ID Number: PW 99-068 CITY OF HUNTINGTON BEACH _ REQUEST FOR COUNCIL ACTION een ' `� 7, SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administr r i PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works, SUBJECT: a Accept the Beach Boulevard Waterline Crossings Project CC-1091, and File a Notice of Completion Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Statement of Issue: Gueno Development, Incorporated, has completed its contract for the construction of the Beach Boulevard Waterline Crossings Project, CC-1091. Funding Source: Sufficient Water Capital funds were authorized for this project. Recommended Action: Motion To: 1. Accept the Beach Boulevard Waterline Crossings Project, CC-1091 at a final cost of $199,386.60, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. Analysis: On September 8, 1998, the City Council awarded a contract to Gueno Development, Incorporated, in the amount of $184,841 to construct the Beach Boulevard Waterline Crossings Project. The adopted project budget also included $18,485 to cover potential change orders and $5,000 for supplemental expenses, for a total of $208,326. 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 City Clerk file the Notice of Completion. 15--orl 1091/notice of completion/rca -2- 07/01/99 2:21 PM REQUEST FOR COUNCIL ACTION MEETING DATE: July 19, 1999 DEPARTMENT ID NUMBER: PW 99-068 The following is a summary of the final project costs: 1. Contract Amount: 2. Change orders: Subtotal: 3. Supplemental Expenses: Total: Council Approved $184,841 18,485 $203,326 5,000 $208,326 Actual Expenditures $172,446.18* 26,664.42* $199,110.60 1, 500.00** $200,610.60 *Seven change orders were issued for this project: 1. Move the project start date to January 4, 1999. 2. Provide 4 additional hot taps to reduce the time period when water would be shut down to area businesses and residences. 3. Delay costs for relocating a new GTE & SCE lines on Beach Blvd. & Yorktown Ave. 4. Grind pavement and place additional asphalt for all trenches. 5. Delays due to unknown utility interference. 6. Eliminate bid items and construct a new connection on a time & material basis. 7. Slurry backfill for all trenches and eliminate bid items. ** Estimated Public Works Commission Review: The Commission reviewed and recommended approval, on a 7-0 vote, of the project on June 17, 1998. Environmental Status: Not applicable. Attachment(s): RCA Author: Charlonne:LD:jm 1091/notice of completion/rca -3- 07/01/99 2:21 PM EFat'TIFCATE;:OF 1ISU:RAN I ISSUE DATE. 9/21/98 PRODUCER: Cl,Le,4k (IA' AX !` L lt+ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO C M- GOD - 7 S d,0,0 ro ,0 RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER OTHER COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ,4 ACORDIA OF CALIFORNIA INSURANCE SERVICES, INC. / / COMPANY Travelers Indemnity Company 525 MARKET STREET, SUITE 2200 q/8 /p p (` T O TER AIU Insurance Company !! SAN FRANCISCO, CALIFORNIA 94106 415-641-7900 LoR a ETTE INSURED: COMPANY LETTER C COMPANY Gueno Development Company, Inc. L.EIIER D COMPANY 714 W. Olympia Blvd., Suite 1120 LETTER E Los Angeles, CA 90015 X. ....................................... 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. TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. DESCRIPTION LIMITS LTR DATE DATE A GENERAL LIABILITY DTEJ-CO-107X7130 4-01-98 4-01-99 GENERAL AGGREGATE 2,000,000 ❑ COMM. GENERAL LIAB. PROD-COMP/OP AGG. 2,000,000 CLAIMS MADE PERS & ADV. INJURY 1 Opp 000 ❑ OCCURRENCE EACH OCCURRENCE 1,000,000 ❑ OWNER'S & CONTRACTS PROT FIRE DAMAGE (One Five) 50 ppp ❑ Per Project Aggregate MEDICAL EXPENSE (One Person) 5,000 A AUTOMOBILE LIABILITY DTJ-810-855J9282 4-01-98 4-01-99 ❑ ANY AUTO COMBINED SINGLE LIMIT 1 ,00Q000 ❑ ALL OWNED AUTOS BODILY INJURY (Per Person) UTOS SCHEHIRED ADD'C Accident) AUTOS S `S`(n PR PERTY DAMAGE ❑ NON -OWNED AUTOS ❑ GARAGE LIABILITY r ✓! ["N� A r ❑ C B EXCESS LIABILITY BE3573747 4-01-98 4-01-99 EACH OCCURRENCE 1,000,000 UMBRELLA FORM AGGREGATE 1,000,000 ❑ OTHER THAN UMBRELLA FORM A WORKERS' COMPENSATION GA IL NO ❑ STATUTORY U MITS AND HUT CITY ON ` EACH ACCIDENT EMPLOYER'S LIABILITY ATT EY DISEASE - POLICY LIMIT D ' DISEASE - EACH EMPLOYEE OTHER INSURANCE /�t jtY Atto e� DESCRIPTION OF OPERATIONS/LOCATIONSNEHIC /S IAL ITEMS: Certificatehoider is named as Additional Insured per CG2010 attached. Re: Beach Boulevard Water Line Crossing: CC1091.Subject to ten (10) days notice of cancellation for non-payment of premium. NAME AND ADDRESS OF CERTIFICATE HOLDER: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE City of Huntington Beach LJDAYS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL OiDEMCOR TO MAIL 30 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BFFF 2000 Main Street. - P.O. Box 190 Huntington Beach, CA 92648 AUTHO RESENT E: COMMERCIAL LIABILITY POLICY NUMBER: DTEJ-CO-107X7130 0, % dleAk NAMED INSURED: Gueno Development Company, Inc. y G Zc. - (0o0 75" THE ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ca�ppYvVea' 'Fipple ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Huntington Beach its agents, officers, employees and volunteers 2000 Main Street - P.O. Box 190 Huntington Beach, CA 92648 JOB DESCRIPTION: Beach Boulevard Water Line Crossing: CC1091 (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, but only with respect to liability arising out of "your work" for that insured by or for you. THE INSURANCE PROVIDED BY THIS ENDORSEMENT WITH THE ADDITIONAL INSURED NAMED IN THE SCHEDULE IS PRIMARY. OTHER INSURANCE AFFORDED TO THE ADDITIONAL INSURED SHALL APPLY AS EXCESS OF AND NOT CONTRIBUTE WITH THE INSURANCE AFFORDED BY THIS ENDORSEMENT. --OCT 07 '98 05:01FM SC FIELb"IsMI—lits STATE P.O, BOX 420807, SAN FRANCISCO, CA 0,4142-0807 COMPENSATION IN a UIR A Nvrz FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE OCTOBER 7, 1998, POLICY NUMeFR: CERTIFICATE EXPIRES; 7 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN ST P 0 BOX 190 HUNTINGTON CA 92648 L R`7& C, Vq 6C.A. k rawf Flyc__ du (o oa. 7 5,* Affieoveb qN9f 944-96 UNIT 0020530 10-1-99 JOB: CASH CONTRACT 1019 BEACH BLVD WATER LIKE CROSSING This is to certify that we have Issued a valld Workers' Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated. 30 This policy is not subject to cancellation by the Fund except upon SM days' advance written notice to the employer - We will also give you & days' advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respeot to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusion* and conditions of such polties. ZZCIIA� AUTHORIZED AEPRE PRESIDIENT EMPLOYER'S LIABILITY LIMIT INCLUDIN13 DEFENSE COSTSt 91,000,000 PER OCCURRENCE. ENDORSEMENT #2063 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10/07/99 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. SPECIMEN ENDORSEMENT #2065 ATTACHED. A;3 To FORM G -rT PjJTTON A3 - NEY I.TTA U •t-y AttorneY EMPLOYER FS GUENO DEVELOPMENT CO INC 714 W OLYMPIC 9L RM 1120 LOS ANGELES CA 90015 THIS DOCUMFNI HAS A 13LUE PATTFRNIED DACKGROUND io RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH. CA K% AUG 18 P 2: 00 RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH. CA IN AUG 18 P 2: 01 SECTION C PROPOSAL for the BEACH BOULEVARD WATERLINE CROSSINGS at THE INTERSECTIONS OF YORKTOWN AVENUE, AND ATLANTA AVENUE in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on' file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedules A & B. Bid Schedule A is for the Yorktown Avenue location and Bid Schedule B is for the Atlanta Avenue location. 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 PROJECT BID SCREDI.E tem _E_st—im__a_t_eT Item with unit price Extended No. Quantity written in words Unit Price Amount Bid Schedule A Yorktown Avenue 1 1 LS Mobilization (Not to exceed 5% of the total bid amount) @7!{IRTY/U�y4hDr2�1�,7.SfvtN Dollars $ 3-S37Oe $3S3��b Cents Per LS 2 1 LS Prepare Traffic Control Plans - City FoxrY-ti&H7-/3UnuRtt, StUler/7' s @ . /'Dollars Od $ y8/ % a $ yt4/ 7 � o bb a Cents Per LS 3 1 LS Prepare Traffic Control Plans - Caltrans @ F-10f %>tiwSRt'tp/ F/F>`y Dollars oa $S060 $ .5060 Od! lO0 Cents Per LS 4 1 LS Sheeting Shoring and Bracing ` YTy' rllh t fiCtnD96Ow7-t }/ ` Dollars 5�09/0 9�0 60 oO/YC O Cents Per LS 5 267 LF Fumish and Install 12" PVC C-900 Water main complete @ Al Q � I'?/ 716W 6 Dollars $ 93 $,2 y &3/ o d 0/ / o O Cents Per LF 6 12 LF Fumish and Install 6" PVC C-900 Water main complete cr dr1� / /r1D12FD,f/GNlY- FOUP—Dollars oaeLC aU8 b D// 00 Cents Per LF 7 4 EA Fumish and Install 12" Gate Valve with valve can complete @NIntTal nHgr)0Aeo,s�y-F/bollars 00 $f1787 — $79y� b0 //O O Cents Per EA 8 1 EA Furnish and Install 8" Gate Valve with valve can complete @ S/ t7t Ei7 liur)deFD, 7W I R7 Y Dollars a0 $ i% 3 0 � $ / &3 0 Cents Per EA 9 1 EA Furnish and Install 6" Gate Valve with valve can complete @F/FI-44n /jur)Dr2LD, F/&H7 1 Dollars 00 $ fS80 $ 1S80 O b/Cents Per EA C-Is �- PROJECT BID SCHEDr,E Item stimate tem 'svtth unit price Extended No. Quantity written in words Unit Price Amount 10 1 EA Furnish and Install Fire Hydrant Assembly per Std. Plan No. 607 f� @ �g/RT y Fov�e%IUn r �, on E Dollars 60 $ �iy5�— Ob G Cents Per EA 11 138 Furnish and Install 24" Steel Casing Pipe per Detail 4 LF on Sheet 3 complete @ On >yCfnD�Df/�nT Y'S/%� Dollars 00 O Cents Per LF 12 1 Connect to Existing 12" AC water main with Hot - Tap and valve assembly per Detail 1 on Sheet 2 complete _ LS (Yorktown Avenue) @S�vM)'y-FiPdh4enDr` C>, S£%�y y� Dollars 00 $7S 2D 00 $ 7.5 ;�D Cents Per LS 13 1 - Connect to Existing 6" water line per Detail 2 on Sheet 3 LS complete (Yorktown Avenue) @FOJ e 7NavS6170 nW)SIX— in'Y IX Dollars 00 $ yo _ Op $ ya 9� 00lCents Per LS 14 4 EA Replace Vehicle Detector Loops @ J1UL HC/ADR,ED/F'IF-iy'b6t/7Dollars 00 Oo / Cents Per EA 15 1 LS Remove Traffic Pavement Stripes @ b6�,7 H41n0 b,nin01Y'/71nb Dollars G00 $�/ C� q o0 b 0// Cents Per LS 16 1 LS Paint Traffic Stripes and Pavement Markings @ Z16#7 tJ1�P61�,?(u�nTY' /7/n Dollars 00 $ 8 p O o $ 8� o O// !r[ Cents Per LS 17 1 EA Furnish and Install Air -Vac Assembly per Std. Plan No. 607 @FORTY-RU fignDP-Eb FORT-y — Dollars $ y9y0 oa ofl $ 4W0' D 0// Cents Per EA Bid Schedule B Atlanta Avenue 18 1 Mobilization (Not to exceed 5% of the total bid amount) j— C-2s PROJECT BID SCHEDIM.E Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 19 1 LS Prepare Traffic Control Plans - City @ FDRIIY• &6n_rRMA0J 0 SiUM7-6 E n Dollars $y8/7 QD $ y8l7 66//0 4 .� Cents Per LS 20 1 LS Prepare Traffic Control Plans - Caltrans _@F/ul: ?Hovsgna, Fil`rY Dollars 00 $SOLO ^ $JOCOso Cents Per LS 21 1 LS Sheeting Shoring and Bracing 44'nD12(Q t )►nZ7-,6e h Dollars 00 $ $ 04 O 0 Cents Per LS 22 110 LF Furnish and Install 12" PVC C-900 Water main complete @ -51 Y 7-V - -5 Z-U 6 /7 - Dollars $ 6 7 p 0 0 o/Y 0 o Cents _ Per LF 23 65 LF Furnish and Install 12" DI CLASS 350 Water main complete @ 0/18 yUnDR�D�'�ft/RT �EN� Dollars 00 $i/3 00 $73y� ` o e// Cents Per LF 24 4 EA Furnish and Install 12" Gate Valve %%ith valve can complete FOU2� Dollars $/80 5/ /G o0 O V/00 Cents Per EA 25 1 EA Furnishh and I� tall ' Gate ial, ith v an �mµpl t Elio s1 ADr � Dollars $ el /6 o Cents Per EA 26 1 EA Furnish and Install Air -Vac Assembly per Std. Plan No. 607 @Tfl/rtTY-,56miit*anojeco TwZ _A1 -'l -Dollars $ 37a6 °o $3702� 601, Cents Per EA 27 95 Fumish and Install 24" Steel Casing Pipe per Detail 4 LF on Sheet 3 complete @ O/'I� /�t/l1DRc5l� $EU�IITy_-SI /Dollars O b $l 2& O $/& O%Op Cents Per LF 28 1 Connect to Existing 12" x 8" cross including 12" gate valve LS per Detail 1 on Sheet 3 complete (Atlanta Avenue) @FoRrY-��Grti Nund,eso, sEv�rtry-n�n fDottars o0 $y8 9 - $ p V/ 0 0 Cents Per LS C-3s PROJECT BID SCHEDr,E tem No. Estimated Quantity Item with unit price written in words unit Price Extended Amount 29 1 LS Connect to Existing 8" water line per Detail 2 on Sheet 3 complete (Atlanta Avenue) @TN IRT y -&ute Nyno"o,7# R-F_,c -- Dollars Oo�/O~'� Cents vo $3 �/D O0 $� 5�0,3 — Per LS 30 3 EA Replace Vehicle Detector Loops @ S1Y N4n,0PLo Dollars $600 00 $ /806 2-0 00l/00 Cents Per EA 31 1 LS Remove Traffic Pavement Stripes @ T MMDA-40, f)IQ ET Y-1) /r 6 — Dollars 00 $ 8 99 0_0 $ 8 99 00/-,00 0// 0 O Cents Per LS 32 1 LS Paint Traffic Stripes and Pavement Markings @ e_'/67-Nun0,e,-o T6 , M-rY-h l ,nt Dollars 00 $ �a 9 00 $ 8a 9 �!//Oy Cents Per LS 33 1 LS Construct Concrete Blanket per Detail 5 on Sheet 3 Dollars 0� $ 1BS/ — 00 00b Gt) Cents Per LS 36 @ Dollars $ $ Cents Per 37 @ Dollars $ $ Cents Per 38 @ Dollars Cents $ $ Per 39 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ / S 4/ 8 y/ o o Total Amount Bid in Words: O H o i p R o /& & 7- - FO 41R -rHoU.SIcy)1&tY7— H!A/7,DR_E Fb 2e?-?- 06 L p6//Oa C-4s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 85o D in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class o Work Number . By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ANDRE J . GUENO , being first duly sworn, deposes and says that he or she is PRESIDENT of GUENO DEVELOPMENT CO., INC. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that -of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. GUENO DEVELOPMENT CO.. INC. Name of Bidder 110, Signature of Bi der 714 W. OLYMPIC BLVD., SUITE 1120 LOS ANGELES, CALIFORNIA 90015 Address of Bidder Subscribed and sworn to before me this 18TH day of AUGUST NOTARY PUBLIC Y V -Q - , 199 $ MARIAG. RODRIGUEZ Commission # 1145665 Z _e Notary Public - California >_ Los Angeles County My Comm. Expires Jul 4, 20(33 NOTARY SEAL C-6 UTILITY AGREEMEN f 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 BEACH BOULEVARD WATERLINE CROSSINGS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: AUGUST 18, 1998 GUENO DEVELOPMENT CO.. INC. Contractor i By ANDRE J. GU NO PRESIDENT Title C-7 LtSQUALIFICATION QUESTIvNNAIRE 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 El 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-s COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require -every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 8/18/98 GUENO DEVELOPMENT CO., INC. Contractor By ANDRE J. G NO PRESIDENT Title C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GUENO DEVELOPMENT CO. INC. Bidder Name 714 W. OLYMPIC BLVD.,"SUITE 1120 Business Address LOS ANGELES, CA 90015 City, State Zip (213 ) 748-5664 Telephone Number 491187 CLASS A State Contractor's License No. and Class 5/8/86 Original Date Issued 5/31/00 Expiration Date The work site was inspected by RYAN FAIR of our office on AuGusT 08 , 1998_. The following are persons, firms, and corporations having a principal interest in this proposal: ANDRE J. GUENO, PRESIDENT C-11 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. GUENO DEVELOPMENT CO., INC. Company Name/% Signature of ANDRE J. GUENO, PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 1811iay of NOTARY PUBLIC MARIA G. RODRIGUEZ Commission # 1145665 -a Noto / public - Colifomla Los Angeles County My Comm. Expires Jul 4, 2001 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. CALTRANS 4000 WHEELER AVE SUITE #1 LA VERNF, CA 91750 Name and Address of Public Agency Name and Telephone No. of Project Manager: KAL LAMBAZ 9091596-7623 $2,339,814 RT 30: FOOTHILL TO WILLTAMS 07-105204 2199 Contract Amount Type of Work Date Completed 2. CITY OF FONTANA 8353 SIERRA AVENUE FONTANA, CALIFORNIA Name and Address of Public Agency Name and Telephone No. of Project Manager: YOUSUF PATANWALA 909/350-6645 $1,157,843 S. HIGHLAND AVE IMPROVEMENTS SB-5397 2/98 Contract Amount Type of Work Date Completed 3. CITY OF SANTA CLARITA 23920 VALENCIA BLVD., SUITE 300 SANTA CLARITA, CA 91355 Name and Address of Public Agency Name and Telephone No. of Project Manager: ROUBIK MARDIROSIAN 805 /286-4142 $1 ,9 1 ,691 RAILROAD AVFNTTF RFrONSTRUCTT(1N 950r,5 7/98 Contract Amount Type of Work Date Completed C-12 o CITY OF HUNTINGTON BEACH dhaddnnG- P MEETING DATE: September 8, 1998 DEPARTMENT ID NUMBER: PW 98-076 Council/Agency Meeting Held: rred/Continued to: Council Meeting Date: 8, 1998 49u s Signature Department ID Number: PW 98-076 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION G� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, City AdministratoroW PREPARED BY: 2-9BERT F. BEARDSLEY, Director of Public Work SUBJECT: Approve Low Bid Beach Boulevard Waterline Crossings Project; CC 1091 r*i > C:) r� n Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: On August 18, 1998, the City Clerk received and opened bids for the Bid Beach Boulevard Waterline Crossings Project; CC 1091 and the project now stands ready to award. Funding Source: Sufficient funds are available in account number E-EX-PW-935-3-90-00. Recommended Action: Motion to: 1. Approve the lowest responsive/responsible bid submitted by the Gueno Development Company, Incorporated, for the Bid Beach Boulevard Waterline Crossings Project, CC 1091; and 2. Authorize the Mayor and City Clerk to execute an appropriate construciton contract in the Amount of $184,841; and 32655.doc -2- 08/20/98 10:57 AM 0 REQUEST FOR COUNCIL ACTION MEETING DATE: September 8, 1998 DEPARTMENT ID NUMBER: PW 98-076 3. Authorize the Public Works Director to expend a total of $208,326 including the contract amount of $184,841, anticipated construction change orders of $18,485 and supplemental expenditures of $5,000. Alternative Action(s): Cancel the construction project or authorize the rebidding of the project. Analysis: The 1995 update to the City's Water Master Plan recommended that waterlines be constructed across Beach Boulevard to strengthen existing distribution systems and improve existing system reliability. On August 18, 1998, bids were received and publicly opened by the City Clerk. The engineers estimate for this project was $237,000. Summarized below, in order of least dollar amount, are the bids submitted to the City of Huntington Beach: 1. Gueno Development, Inc............................................................................$184,841 2. Valverde Construction................................................................................ $195,600 3. Atlas -Allied, Inc.......................................................................................... $212,227 Environmental Status: The project has been reviewed and determined to be Categorically Exempt pursuant to the California Environmental Act Section 15301 (c). Attachment(s): RCA Author: Charlonne 32655.doc -3- 08/20/98 10:57 AM ATTACHMENT 1 0 co a r 0 w U rm �I u VL_H�rI VI_ V L/ VVH I I_KI_IINC VKLJ0011NL7 YOQ<TOVVN AVE. � ATLANTA AVE. '►ail _ a CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT 2 CITY OF HUNTINGTON BEACH 17,Lj INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Cash Contract File 1091 /', #J / FROM: Eric R. Charlonne, Project Manager SUBJECT:REFERENCE CHECK; Gueno Development DATE: August 21, 1998 QUESTIONS A. City of Santa B: City of Fontana Clarita Name: Greg Bucknell Name:Mr.Mardirosian Ph. (909)350-6645 Ph. (805)286-4142 1. Did contractor work well with your agency? Very Well Yes 2. Did they change personnel during the job? No No 3. Were there any problems with subcontractors No No or suppliers (stop notices)? 4. Did general and subcontractors work Yes Yes consistently on theproject? 5. Was the project completed on time? Yes Yes 6. How was the quality of the work? Good Good 7. Would you hire this general contractor again? Yes Yes 8. Are the contractors' and subcontractors' licenses current and verified with State Contractors License Bureau? YES 9. Are there anoutstanding complaints lodged Y g P g against the contractor with the State Contractor's Licensing Board? NO 10 Comments: A. Railroad with Utilities 1,900,000 B. Roadway Improvements 1,200,000 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Low Bid for the Beach Boulevard Waterline Crossings Project; CC 1091 COUNCIL MEETING DATE: — September 8, 1998 .................................... RCA: ATTA M :............. M S T.-A-T US Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w1exhibits & 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) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) 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 -j ....... . .. . . ............... . . ................... .. .. . ..................... ............... EXPLANATION::.:FOR,::MISSING::.:A.T.-...-T.ACH'ME:NTS"' .. ........ ................. : ....... Not Applicable ............... . ........ ...... ........... .... I ... ........ ............ ........ ..... . .............. — 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 HUNTINGTON 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: July 16, 1998 July 23, 1998 July 30, 1998 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 30 1 199 8 at Costa Mesa, California. Signature PUBLIC NOTICE diem wages for each craft; classification or type of SECTION A workman needed to ex - I, NOTICE INVITING acute the contract shall be SEALED BIDS those determined by the for the Director of Industrial Rela- tions of the State of Califor- which are on file at the Water line Crossings 9 Office of the Director of ffi CASH CONTRACT Public Works, 2000 Main No. 109t In the Street, Huntington Beach, CITY OF CA 92648. f HUNTINGTON BEACH The AGENCY will deduct PUBLIC NOTICE IS a 10% retention from all The HEREBY GIVEN that �the CITY OF HUNTINGTON progress payments. Contractor may substitute. BEACH, as AGENCY, in- vites seated bids for the an escrow holder surety of equal value to the retention above stated projects and in accordance with the pro - visions of the California will receive such bids in the office of the City Clerk, Government Code, Section The Second Floor, 2000 Main 4590. Contractor shall Street, Huntington Beach; be beneficial owner of the California 92648, up to ttw surety and shall receive, any Interest thereon. hour of 2:00 P.M. on Au- gust 18, 1998. Bids will be The AGENCY hereby af- Publicly open in the Coup- cA Chambers unless other- firmatively ensures that mi- nority business enterprises wise posted. will be afforded full op - Copies of the Plans, portunity to submit bids in Specifications, and con- response to this notice and tract documents are avail- will not be discriminated against on the basis of able from the Office of the Director of Public Works, race; color, national origin, 20D0 Main Street, Hunting-' ancestry, sex or religion in ton Beach, CA 92648, .upon any consideration leading to the award of contract. payment of a $15.00 none- fundable fee if picked up, No bid shall be consid- or payment of a E25.00 ered unless It is prepared nonrefundable ' fee if on the approved Proposal forms in conformance with mailed. Any contract entered into the Instructions to Bidders. pursuant to this notice will The bid must be ac- companied by a certified Incorporate the provisions check, cashler's check or a of the State Labor Code. bidder's bond made pay. Pursuant to the provisions of the Labor Code of the able to the AGENCY for an State of California, the min- amount nb less than 10% of the amount bid. The arum prevailing rate of per successful bidder shall be licensed In accordance with provisions of the Busi- ness and Professions Code and shall possess a State Contractor's License Class at the time of the bid open- :Ing. The successful Con- tractor and his subcontrac- tors will be required to pos- sess business licenses from the AGENCY. The AGENCY reserves the right to reject, any or all bids, to waive any Irregular- ity and to take all bids under advisement, for a period of 60 Imaximum days. BY OR the CITY WCI1L_,& ie CITY OF JTINGTON BEACH, IFORNIA, day the 6th of July 19", way, CITY CLERK OF THE CITY OF HUN- TINGT0N BEACH Published Huntington Beach -Fountain Valley In- dependent July 16, 23, 30, Cf1998. 073-742 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 HUNTINGTON 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: July 16, 1998 July 23, 1998 July 30, 1998 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 30 1 199 8 at Costa Mesa, California. Signature 2,� 5 16 PUBLIC NOTICE SECTION A NOTICE INVITING SEALED BIDS for the Beach Boulevard Water Line Crossing CASH CONTRACT No. 1091 In the CITY OF wages for each craft, sitication or type of :man needed to ex-, e the contract shall be e determined- by the :tor of Industrial Rela- of the State of Califor- which are on file at the e of the Director of is Works, 2000 Main at, Huntington Beach; HUNTINGTON BEACH The AGENCY will deduct PUBLIC NOTICE IS a 10% retention from all HEREBY GIVEN that_ the progress payments. The CITY OF HUNTINGTON Contractor may substitute BEACH, as AGENCY, In. an escrow holder surety of vitas sealed bids for the equal value to the retention above stated projects and in accordance with the pro - wilt receive such bids in visions of the California the office of the City Clerk, Government Code, Section Second Floor, 2000 Ma((n 4590. The Contractor shall Street, Huntington Beaen, be beneficial owner of the California 92648, up to the surety and shall receive hour of 2:00 P.M. -on Au- any interest thereon. gust 18, 1998. Bids will be The AGENCY hereby af- publicly open in the Coun. firmatively ensures that mi- cll Chambers unless other- nority business enterprises wise posted, will be afforded full op - Copies of the Plans, portunity to submit bids in Specifications, and Con- response to this notice and tract dooWnents are avail- will not be discrimipated able from the Office of the Iagainst on the bans of Director of Public Works, race, color, national origin, 20t10 Main Street, Hunting ancestry, sex or religion in ton Beach, CA 92648, upon any consideration leading Payment of a $15.00 nonce- to the award of contract. fundable fee if picked up, No bid shall be consid- or payment of a $25.00 erect unless it is prepared nonrefundable fee if on the approved Proposal mailed. forms In conformance with Any contract entered into I the Instructions to Bidders. pursuant to this notice will The bid must be ac- Incorporate the provisions companied by a certified of the State Labor Code. check, cashier's check or a Pursuant to the provisions bidder's bond made pay of the Labor Code of the, able to the AGENCY for an State of California, the min- amount no less than 10% imam prevailing -rate of per of the amount bid bid. The be licensed in accordance with provisions of the Busi- ness and Professions Code and shall possess a State Contractor's Lkense Class at the time of the bid open- Ing. The successful Con- tractor and his subcontrac- tors will be required to pos- sess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all b.ds, to waive any Irregular- ity and to take all bids under advisement for a maximum period of '60 BrV ORDER of the CiTY 'OUNCIL of fhe CiTY OF iUNTINGTON BEACH, ;ALIFOAt" day the 6th Jay of July 1998. Attests Connie Brock - May, CiTY CLERK OF THE CiTY OF HUN- TINGTON BEACH Published Huntington Beack-Fountain Valley In- dependent July 16, 23. 30, 1998. ' 073-742 ��bls YA V / 'V/a � 1� 3 SECTION A Fa-v- NOTICE INVITING SEALED BIDS for the Beach Boulevard Water Line Crossings CASH CONTRACT No. 1091 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on August 18, 1998. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 6th day of July 1998. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 CITY OF HUNTINGTON BEACH MEETING DATE: July 6, 1998 DEPARTMENT ID NUMBER: PW 98-060 Council/Agency Meeting Held: Deferred/Continued to: eApp5�vedd ❑ Conditionally Approved ❑ Denied 2)e-e,.-.,City Clerk's Signature Council Meeting Date: July 6, 1998 Department ID Number: PW 98-060 CITY OF HUNTINGTON BEACH x REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL ME BERS ^� SUBMITTED BY: Ray Silver, City Administrator it-, Cn PREPARED BY: Daryl Smith, Acting Director of Public WorksC C� v JUK. SUBJECT: Authorize Advertise ent of the Beach Boulevard Waterline Crossings Project, PN 17044 G C- Statement of issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachments) Statement of Issue: Plans and specifications for the Beach Boulevard Waterline Crossings Project, PN 17044, are complete and are ready for Council approval and project bidding. Funding Source: Sufficient funds are available in account number E-EX-PW-935-3-90-00. Recommended Action: Motion to: 1. Approve plans, specifications and authorize the Acting Director of Public Works to solicit bids for construction of the Beach Boulevard Waterline Crossings Project, PN 17044; and 2. Approve the attached sample contract subject to award of contract to the lowest responsible/responsive bidder. Alternative Action(s): Deny authorization to proceed with the contract bid and re -allocate the funds for some other project. Analysis: The 1995 update to the City's Water Master Plan recommended that waterlines be constructed across Beach Boulevard to strengthen existing distribution systems and improve existing system reliability. 0032003.01 -2- 06/24/98 11:26 AM REQUEST FOR COUNCIL ACTION MEETING DATE: July 6, 1998 DEPARTMENT ID NUMBER: PW 98-060 IWA Engineers has completed the design for the project which consists of crossings of Beach Boulevard at Yorktown Avenue and Atlanta Avenue. The Engineer's estimate for this project is $237,000. On June 17, 1998, the Public Works Commission recommended that City Council authorize advertising of the project. Environmental Status: The project is Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachment(s): RCA Author: Kato 0032003.01 -3- 06/24/98 11:26 AM ATTACHMENT 1 0019517.01 E a a rn 0 N Fla LL-A--\ —1 ULVL.J VVH I GKLIIVC VKLJ0011Nk7 YOQ<TOWN AVE. E ATLANTA AVE. LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTACHMENT 2 0019517.01 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE BEACH BOULEVARD WATERLINE CROSSINGS PROJECT (CC-1091) THIS AGREEMENT, made and entered into this day of 1998, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a California corporation, hereinafter referred to as "CONTRACTOR" WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Beach Boulevard Waterline Crossings Project (CC-1091) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be bome by 1 SAMPLE g/agree/cc-1091 /6/23/984f CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 2 SAMPLE g/agree/cc-1 091/6/23/ Mf chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTORs proposal (attached hereto as Exhibit "All); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute the PROJECT 3 SAMPLE g/agree/co-1091 /6/23/98rjf to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. S. Tlj iE OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should 4 SAMPLE g/agree/cc-1091 /6/23/981f DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 5 SAMPLE g/agree/co-1091 /6/23/984f 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. 6 SAMPLE g/agree/cc-1091 /6/23/Wf CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall 7 SAMPLE g/agree/co-1091 mm/9mf promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR- 8 SAMPLE g/agree/cc-1091 /6/23/98rf When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined 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 DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in 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. 9 SAMPLE g/agree/ca1091 /6/23/9lMf 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including but not limited to concurrent active or passive negligence, those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 10 SAMPLE g/agree/cc-1091 /6/23/9Mf CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE 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 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 limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 11 SAMPLE g/agree/ca1091 /6/23/98/jf 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; 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 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 CITY, its agents, officers, employees and volunteers as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERNVIINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt 12 SAMPLE g/agree/co-1091 /6/23/96/jf or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials 13 SAMPLE g/agree/cc-1 091 /6=/9ff 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. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such parry. 28. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. Di/MGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR 14 SAMPLE g/asreelcc-1 091 isrr3iss4r 31. ATTORNEY' S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: print name ITS: (circle one) Chairnian/PresidentNice President Mayor AND ATTEST: By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer City Clerk APPROVED AS TO FORM: REVIEWED AND APPROVED: (% City Attorney • �L�� qt INITIATED AND APPROVED: City Administrator e 40— ./ , Z40 Director of Public Works 15 SAMPLE g/agree/co-1091 /6/2W981f Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE BEACH BOULEVARD WATERLINE CROSSINGS PROJECT (CC-1091) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 AND SPECIFICATIONS 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 13 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY' S FEES 15 32. ENTIRETY 15 SAMPLE g/agree/ca1091 /6/23/galf RCA ROUTING SHEET INITIATING Public Works DEPARTMENT: SUBJECT: Approve Plans, Specifications and Estimate and Authorize Advertisement of Beach Boulevard Waterline Crossings Project, PN 17044 COUNCIL MEETING DATE: July 6, 1998 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 Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) 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 RCA ROUTING SHEET INITIATING Public Works DEPARTMENT: SUBJECT: Approve Plans, Specifications and Estimate and Authorize Advertisement of Beach Boulevard Waterline Crossings Project, PN 17044 COUNCIL MEETING DATE: July 6, 1998 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 Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) 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 I Not Applicable I have received Bid Bond Fidelity and Depost Company of Maryland for Atlas Allied, Inc.; Bid Bond United States Fidelity Guaranty Company for Valverde Construction, Inc.; and Bid Bond Wausau Insurance Companies for Gueno Development Company, Inc. Re: CC-1091 (PN 17044) Beach Boulevard Waterline Crossings Project Dated: By: COPIES TO: TAMW, GENEIL CC-1091 BEACH BOULEVARD WATER LINE CROSSING AUGUST 18,1998 AT 2:00 PM (Engineer's Estimate: $237,000) BID LIST BMI)kI 'S NA, ME RANK TOTAL D AMOUNT All American Asphalt $ Atlas -Allied, Inc. $ a/ B. R. Day Construction, Inc. $ Gueno Development Company $ ? y/ John T. Malloy, Inc. $ Majich Brothers, Inc. $ Marden-Susco $ Peter C. David Company, Inc. $ R & L Sewers, Inc. $ Savala Construction Company, Inc. $ Tomovich & Associates $ Valverde Construction, Inc. $195, $ Bid List hk SECTION C PROPOSAL for the BEACH BOULEVARD WATERLINE CROSSINGS at THE INTERSECTIONS OF YORKTOWN AVENUE, AND ATLANTA AVENUE in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedules A & B. Bid Schedule A is for the Yorktown Avenue location and Bid Schedule B is for the Atlanta Avenue location.. 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 PROJECT BID SCHEDULE Item No. Estimated Quantity Item with unit price written in words " ' Unit Price Extended. Amount: Bid Schedule A Yorktown Avenue 1 1 LS Mobilization (Not to exceed 5% of the total bid amount) @ AAda' ►—� Dollars $ $ / V Cents Per LS 2 1 LS Prepare Traffic Control Plans - City @ �;J�--� __Dollars � $ ` 00— $ Wo AID- — Cents Per LS 3 1 LS Prepare Traffic Control Plans - Caltrans @jw'� Dollars $ O�i $ aWb Cents Per LS 4 1 LS Sheeting Shoring and Bracing / @� �--Gvd), _ ollars ,1() $ 0 Cents Per LS 5 267 LF Furnish and Install 12" PVC C-900 Water main complete @ rim--(i.1�- Dollars i (7 $ 1A '"� $1 Cents Per LF 6 12 LF Furnish and Install 6" PVC _�_C_-9001Water main complete @ — Dollars i} $ �� sc>— 04 �►— ,^,11 Cents —z— Per LF 7 4 EA Furnish and Install 12" Gate Valvewithvalve can comple t� @��—C�^y�11¢5� lays - ,� ` $ �. W $ �1 Cents Per EA 8 1 EA Furnish and Install 8" Gate Valve with valve can complete @ W)o Dollars lr & W CU Cents Per EA (� $ � W{) 2 $ Z(40 � 9 1 EA Furnish,and Install 6" Gate Valve with valve can co��m�ppl��et�e @ �" ( 4AJA ollars $ 3Sco $ 35oo -' N� Cents Per EA C-Is PROJECT BID SCHEDULE Item No..., I Estimated Quantity Item with unit price written in words Unit Price Extended Amount 10 1 EA Furnish and Install Fire �HydrantAssembly per Std. Plan No. 607 @ �e�� �""�"1'tiv�. Dollars $ C`iL WC� 11j:S ents Per EA 11 138 LF Furnish and Install 24" Steel Casing Pipe per Detail 4 on Sheet 3 comple cr � 4m, Dollars $ ^ $ ��;512b /�% Cents Per LF 12 1 LS Connect to Existing 12" AC water main with Hot - Tap and valve assembly per Detail 1 on Sheet 2 complete (Yorktown Avenue) @ %Dollars [��V $ T $ 700 Cents Per LS 13 1 LS Connect to Existing 6" water line per Detail 2 on Sheet 3 complete (Yorktow Avenue) @ Dollars $ $ Woo -- N 0 nts Per LS 14 4 EA Replace Vehicle De1tee t L.00ps @ ?L�4 Dollars $ t $ �i Cents Per EA 15 1 LS Remove Traffic Pav ment Stripes @ ' j'\&11"ollars $ +: $Q,50) c- --Cents Per LS 16 1 LS Paint raffic Stripes and Pavement Marking @ $ �; 50U $ 1500 i p e _Dollars Vv J Cents Per LS 17 1 EA Furnish and Install Air -Vac Assembly per Std. Ian No. 607 @ �)' Dollars $ ("6 $ 00 y Cents Per EA Bid Schedule B Atlanta Avenue 18 1 LS Mobilization (Not to exceed 5% of the total bi amount) ct�(�.� Dollars $ $00— Cents Per LS C-2s PROJECT BID SCHEDULE Item No:: .Estimated Quantity Item with unit price written.in words Unit Price. Extended Amount ji 19 1 LS Prepare Iraffic Control Plans - City @ Dollars $ :1- $4 0V Per LS 20 1 LS Prepare TTraff c Control Plans i Caltra s @ \Vj_jollars $ Cents Per LS 21 1 LS Sheeting Sho in and Bracing @ Dollars V _ �l�------- Cents Per LS 22 110 LF Furnish and Install 12" PVC C-900 Water main complete @ Dollars ``//�� $ ''t"1 (� $ ZL7 !D Cents Per LF - 23 65 LF Furnish and Install 12" DI L SS 350 Water main complete @ /L Dollars $ �� ents Per LF 24 4 EA Furnis d Install 2" Gate Valve with v lve can complete @ Dollars rents Per EA 25 1 EA Furnish and Inssttallll 8" Gate Valve with v ve can complete 'l \��.4 %Dollars $ 2 (40 $ 3 AO Cents Per EA 26 1 EA Furnish and Install Air -Vac Assembly per Std. Plan No. 607 Dollars $4V $ - Cents Per EA 27 95 LF Furnish and Install 24" Steel Casing Pipe per Detail 4 on Sheet 3 complet Cents Vv Per LF 28 1 LS Connect to Existing 12" x 8" cross including 12" gate valve per Detail 1 on Sheet 3 complete (Atlanta Aven ) @ Dollars $51,0Q_ $ ?2100 Cents Per LS C-3s PROJECT BID SCHEDULE Item No. Estimated Quantity . Item with unit price - written in words Unit Price. Extended - Amount 29 1 LS Connect to Existing 8" water line per Detail 2 on Shee-e(t 3 co�mp�lete (Atlanta Avenue) @ Dollars $� $ 1 Cents Per LS 30 3 EA Replace Vehicle Detector LoQ�ps @ " "'� Dollars $ t000 a $ 0 �� ents Per EA 31 1 LS Remove Traffic Pavement Stripes ` _ ,,,,� @ u i �1 ww�C�Y'� ` Dollars $_ h Cents Per LS 32 1 LS Paint Traffic Stripes and Pavement Markings @ D�Dollars $ r $ Cents Per LS 33 1 LS Construct Concrete Blanket per Detail 5 on Sheet 3 @ -�""� _ Dollars A0 00 A $LAI C J ) Cents Per LS 36 @ Dollars $ $ Cents Per 37 @ Dollars $ $ Cents Per 38 @ Dollars $ $ Cents Per 39 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ 0_1 `' (1) Total Amount Bid in Words _V_k ),`1 rio —t--,A C-4s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, findBidders Bond in the amount of $**10%**** which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature OW- C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number A- t�vQ By submission of this proposal, the Bidder certifies: 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-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Eva Siciliani , being first duly sworn, deposes and says that he or she is Sec.- Trea. of Atlas -Allied, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Atlas -Allied. Inc. Name of Bidder Signature of Bidder 1210 N. Las Brisas, Anaheim, CA 92806 Address of Bidder Subscribed and sworn to before me this 18 day of August , 199 4$ . SEEATTACHED ACKNOWLEDGEMENT NOTARY PUBLIC NOTARY SEAL C-6 , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County Of Orange On August 18, 1998 before me, Nile R. Sensabaugh -- Notary Public , DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared Eva Siciliani -- Secreatry/Treasurer , NAME(S) OF SIGNER(S) 93 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persona) whose namets) is/axis subscribed to the within instrument and ac- knowledged to me that AmIsheftey executed the same in bdWherkbair authorized capacity(jais), and that by Nx/her/g signature(g) on the instrument the person(W, or the entity upon behalf of which the person(a) acted, executed the instrument. +- Nile R. Sensabaugh WITNESS my hand and official seal. COMM. #1089658 (7 NOTARY PUBLIC - CALIFORNIA91 ORANGE COUNTY 0 Comm. Exp. March 6, 2000 -L L ATURE 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 [XXCORPORATE OFFICER Sec.- Trea. TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Atlas -Allied, Inc. DESCRIPTION OF ATTACHED DOCUMENT Non Collusion Affidavit TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 8-18-98 DATE OF DOCUMENT None SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BEACH BOULEVARD WATERLINE CROSSINGS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 8-18-98 Atlas -Allied. Inc. Contractor T)LrMjt:A�ywx-B Secretary/Tresurer Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 8-18-98 Atlas -Allied, Inc. Contractor l By Sec./Tres. Title C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Atlas -Allied, Inc. Contractor Title Date: 8-18-98 ice. �-�-�-- Sec./Tres. 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-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Atlas -Allied, Inc. Bidder Name 1210 N. Las Brisas Business Address Anaheim CA 92806 City, State Zip ( 714 ) 630-3633 Telephone Number #437235 Classification A B C34,C36,C42 State Contractor's License No. and Class 4/7/93 Original Date Issued 4/30/99 Expiration Date The work site was inspected by George Siciliani of our office on 8-17 , 199 8. The following are persons, firms, and corporations having a principal interest in this proposal: Atlas -Allied. Inc. Eva Siciliani Sec.- Trea. C-11 I The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Atlas -Allied Inc Company Name Signature of Bidder Eva Siciliani Printed or Typed Signature Subscribed and sworn to before me this 18 day of August , 19998 . SEEATTACHED ACKNOWLEDGEMENT NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: SEE ATTACHED 1. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-12 ATLAS ALLIED, INC. Pipeline General Piping Engineering •tirNcc �4Ny REFERENCE SHEET December 1997 City of San Clemente 1 Avenida Presidio San Clemente, CA 92673 Ben Parker (714) 498-2533 Calle Vallarta Storm Drain Contract Amount: $46,219.00 March 1998 Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Dave Erdkamp (714) 962-2411 x6315 Reclaimed Water Extension to Headworks "C" Plant No. 2 Contract Amount: $139,680.00 March 1998 California State University, Fullerton 800 N. State College Blvd Fullerton, CA Mr. Hyun Lim (714) 278-2349 T-Building Drainage Contract Amount: $27,037.00 March 1998 Coast Community College District 1370 Adams Avenue Costa Mesa, CA 92626 Ardith Ritchey Sidewalk Improvement at Parking Lot F At Orange Coast College Contract Amount: $10,965.00 June 1998 Long Beach City College 4901 E. Carson Street Long Beach CA 90808 Oscar Trejo (562) 938-4072 Drain Improvements Contract Amount: $7,200.00 July 1998 City of Laguna Beach 505 Forest Avenue Laguna Beach, CA 92651 (714) 497-0345 Fred Shahidi Lower Park Ave. Storm Drain Repair Contract Amount: $363,528.00 1210 N. LAS BRISAS, ANAHEIM, CA 92806 TEL (714) 630-31333 - FAX (714) 630-0445 LII:LNSL N ,131235 ATLAS ALLIED, INC. Pipeline General Piping NKEngineering s%NCG IgbY ,REFERENCE SHEET August 1997 City of Irvine P.O. Box 19575 Irvine, CA 92623 Doug Davidson (714) 724-6000 Rehabilitation Heritage Community Park Lagoon Contract Amount: $89,470.39 August 1997 Coast Community College District 1370 Adams Avenue Costa Mesa, Ca 92626 Ardith Richey (714) 438-4686 Reclaimed Water Line at New Maintenance & Operation Bldg. Contract Amount: $44,672.00 August 1997 Santa Ana Unified School District 1601 E. Chestnut Ave Santa Ana, CA 92701 Richard Murray (714) 558-5501 Replacement of Storm & Sewage System @ Wilson Elementary School Contract Amount: $53,065.30 August 1997 Los Angeles Metro Transit Authority One Gateway Plaza Los Angeles, CA 90012 Paras Sharma (213) 922-6000 Fire Hydrant Replacement @ Division 16 Venice, CA Contract Amount: $21,160.00 September 1997 Los Angeles Metro Transit Authority One Gateway Plaza Los Angeles, CA 90012 Paras Sharma (213) 922-6000 Motor Oil Supply System @ Division 18 Carson, CA Contract Amount: $1 14,376.00 September 1997 Orange County Transit Authority 550 S. Main Street Orange, CA 92863 Steve Levine (714) 560-6282 On -Site Gas Piping Relocation Contract Amount: $21,274. l5 November 1997 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Pete Antista (714) 718-3400 Big Canyon Reservoir Piping Modifications Contract Amount: $174,600.00 November 1997 City of La Habra I leights 1245 N. Hacienda Blvd La Habra, CA 90631 David Gilbertson (909) 594-9702 Drainage Improvements @ Locations Various Contract Amount: $1 10,975.06 1210 N. LAS BRISAS, ANAHEIM, CA 92806 TEL (714) 630-3633 - FAX (714) 630-0445 LICENSE 0 431235 ATLAS ALLIED, INC. Pipeline General Piping Engineering REFERENCE SHEET December 1996 California State University, Fullerton 800 N. State College Blvd. Fullerton, CA 92634 Mr. Hyun K. Lim (714) 278-2349 Connect Pool Drain to Sewer Contract Amount: $31,411.00 February 1997 Long Beach City College District 4901 E. Carson Street Long Beach, CA 90808 Ali Izadian (562) 938-4111 Replace 4" Water Lines Contract Amount: $54,449.00 April 1997 Capistrano Valley Water District 32450 Paseo Adelanto San Juan Capistrano, CA 92670 Eric Bauman (714) 493-1515 Glenfed Main Supply Line Contract Amount: $13,559.00 April 1997 La Habra Fire Protection 941 Macy Street La Habra, CA 90631 Terry Kennedy (310) 694-2948 6" Fire Protection Upgrade Hacienda Country Club Contract Amount: $13,403.00 April 1997 Frame-N-Lens 4201 Bonita Avenue Fullerton, CA 92835 Brent Saul Water Line Improvements Contract Amount: $34,756.00 Mal I" Long Beach City College 4901 E. Carson Street Long Beach, CA 90808 Ali Izadian (562) 938-4111 Installation of Secondary Containment Barrier a Liberal Arts Campus Contract Amount: $23,029.00 May 1997 Tavaglione Construction 3405 Arlington Avenuek Riverside, CA 92504 Ray Tavaglione (909) 684-8870 Piping @ Boston Market Contract Amount: $9,900.00 June 1997 County of Los Angeles Departmcnt of Public Works 1000 S. Freemont Avenue 50' Floor Alhambra, CA 91803-4737 Daniel Crisostome (818) 300-3295 South Campus Utility Reroute Project @ Rancho Los Amigos Medical Center Contract Amount: $ 481,175.00 1210 N. LAS BHISAS, ANAHEIM, CA 92BUG TEL (714) G30-3633 •FAX (714) 630-0445 LICENSE H 437235 (fiATLAS-ALLIED, INC. Pipeline General PipingT"'7Engineering SINCE 109 REFERENCE SKEET January 1996 El Monte Union High School District C/O G&A Engineering Atta Alsaleh (818) 852-4779 Storm Drain Pump Station & 16" Discharge Pipeline Contract Amount: $275,000.00 February1996 Burbank/Glendale/Pasadena Airport 2627 Hollywood Way Burbank, Ca 91505 Dan Feger (818) 840-9456 Sewer Replacement @ Terminal B Contract Amount: $95,806.00 February1996 Coast Community College District 1370 Adams Avenue Costa Mesa, CA 92626 Terry Craig (714) 432-5990 Track Drainage System Contract Amount: $74,717.81 March 1996 City of Laguna Beach 505 Forest Avenue Laguna Beach, CA 92651 Fred Shahidi (714) 497-3311 Storm Drain & Street Improvements u Forest Avenue Contract Amount: $60,000.00 April 1996 State of California Div. of State Arch Los Alamitos Army Reserve Center George Lai (619) 674-5440 Installation of 30ORP Pump & Pipeline Modifications Contract Amount: $155,000.00 August 1996 City of La Habra Heights 1245 N. Hacienda Blvd. La Habra Heights, CA 90631 David Gilbertson (310) 694-6302 Misc. Storm Drain Repairs Contract Amount: $1 t 3,100.00 October 1996 City of Dana Point 33282 Golden Lantern Dana Point, Ca 92629 Gerry Anderson (714) 248-3506 Storm Drain Improvements Contract Amount: $160,000.00 Octuber 1996 J.D. Diffenbaugh Paul Ramsey (909) 684-2820 Price Club, Fullerton Fire Protection/City Water System Improvements Contract Amount: $38,000.00 1210 N. LAS BRISAS, ANAHEIM, CA 92006 TEL (714) 630-3633 - FAX (714) 630-0445 LICENSL 0 437235 A" ATLAS ALLIED, INC. Pipeline General PipingNTEngineering .�7Nc.L v)(," REFERENCE SUEET November 1994 City of Monterey Park 320 W. Newmark Ave. Monterey Park, Ca 91754 Tony Hiroka (818) 307-1322 24" SCCP Water Transmission Main Contract Amount: $16,980.00 Emergency Waterline Repair $10,485.00 March 1995 City of Glendora 116 E. Foothill Blvd Glendora, CA 91740 Jerius Williams (818) 914-8254 10" Waterline Replacement @ Baseline Road Contract Amount: $59,576.05 July 1995 Corona -Norco Unified School District 2820 Clark Avenue Norco, Ca 91760 Linda Jankel (909) 736-5045 Site Plumbing a Susan B. Anthony Elementary School Contract Amount: $43,035.37 August 1995 Laguna Beach Unified School District 550 Blumont Street Laguna Beach, Ca 92651 Jim Xanthos (714) 497-8379 Relocate Utilities & Pump Station Contract Amount: $98,223.00 September 1995 City of Garden Grove 11391 Acacia Parkway Garden Grove, CA 92642 Ben Yamada (714)741-5186 Install Recirculation Pump Pipeline n Twin Lakes Park Contract Amount: $43,817.36 November 1995 City of Laguna Beach 505 Forest Avenue Laguna Beach, CA 92651 Wade Brown (714) 497-331 1 Drainage Structure Improvements @ Sunset Drive Contract Amount: $38,480.00 December 1995 City of San Juan Capistrano 32400 Pasco Adelanto San Juan Capistrano, CA 92675 Brian Perry (714) 493-1 171 Drainage Improvements @ Spring Street Contract Amount: $23,565.00 December 1995 City of West Covina 1444 W. Garvey Avenue West Covina, Ca 91793 Miguel Hernandez (818) 817-8425 Storm Drain Improvements @ Amar Road Contract Amount: $14,160.50 1210 N. LAS BRISAS, ANAHEIM, CA 92806 TEL. (714) 630-3633 - FAX (714) 630-0445 LICLNSL # 431235 ATLAS -ALLIED, INC. Pipeline General Piping �vtiv Engineering June 1993 U.S. Department of Labor C/O KDG Architect 3600 Wilshire Blvd. # 1820, Los Angeles, CA 90010 Mohammad (213) 381-3311 Sanitary Sewer & H V AC Contract Amount: $179,800.00 November 1993 Mt. San Antonio College 1100 N. Grand Avenue Walnut, CA 91789 Gungor Dolic (909) 594-5611 Fire & Water System Rehabilitation & Replacement Contract Amount: $886,160.00 December 1993 Cal State Dominguez Hills 1000 E. Victoria Street Carson, CA 90747 Dominic Del Re (310) 516-3799 ERC Sewer Line Repair Contract Amount: $77,300.00 Auril 1994 John Wayne Airport County of Orange — GSA 1143 E. Fruit Street Tony Nevarez ( 714) 567-7709 Dump Station Contract Amount: $43,097.90 REFERENCE S11EET May 1994 City of Loma Linda 25541 Barton Road, Loma Linda, CA 92354 Brian Gengler (909) 799-2800 Relocate PRV Valves & Vaults Contract Amount: $44,560.00 June 1994 LA County Sanitation District 1955 Workman Mill Road Whittier, CA 90601 Rick Caulkins (310) 699-7315 Landfill Gas Collection Wells @ Puente Hills Contract Amount: $121,250.46 August 1994 Marine Corps Base Camp Pendleton P.O. Box 209 Oceanside, CA 92049-0209 Nate Cervantes (619) 725-3923 41 Potable Water Sampling Stations Contract Amount: $70,876.90 November 1994 LA County Sanitation District 1955 Workman Mill Road Whittier, CA 90601 Rene Provoost (310) 283-0881 Landfill Storm Drain c7i Puente I sills Contract Amount: $73,680.00 1210 N. LAS BRISAS, ANAHEIM, CA 92806 TEL (714) 630-3633 - FAX (714) 630-0445 LICENSE N 437235 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County Of Orange On August 18, 1998 DATE before me, Nile R. Sensabaugh -- Notary Public , NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC" personally appeared Eva Siciliani -- Secreatry/Tr asurer NAME(S) OF SIGNER(S) 93 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personta) whose namets) is/m subscribed to the within instrument and ac- knowledged to me that A3Wshe/bn executed the same in kWherAtbodr authorized capacity(), and that by /her/fig signature(s) on the instrument the person*, or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. 11 Nile R. Sensabaugh U Comm. #t1089658 0NOT ORANGE COUNTYORNIARY PUBLIC - 0 • /( Comm. Exp. March 6, 2000 t 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 MY CORPORATE OFFICER Sec.— Trea. TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYQES) Atlas —Allied. Inc. DESCRIPTION OF ATTACHED DOCUMENT Bid Proposal TITLE OR TYPE OF DOCUMENT *12* NUMBER OF PAGES 8-18-98 DATE OF DOCUMENT NONE SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Bond No. N/A - Fidelity. and Deposit Company HOME OFFICE OF MARYLAND BAL77MORE, MD 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ATLAS -ALLIED, INC. Principal, (hereinafter called the "Principal"), and, of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corpora- tion duly organized under the laws of the State of Maryland, as Surety; (hereinafter called the "Surety") are held and firmly bound unto__UTY_S2E HiINTU TQN- RF.AC14 Obligee, (hereinafter called the "Obligee"), in the sum of —BEN PERCENT OF_THE ETD AMOUNT- -_ - - - - -=_-_Dollars ($ f U R 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 _____BEAAQH__$Q1ZLEj-ARD--WATER-J NF-C.RO,SSINL-FROE--TNTFRgEGTTQhLIlE_ YCIRKT(1(�j�j�VRNTTF NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ------------------- ---__18th ------day of__ AUGUST - _____-_— -A.D., 1998 ATLAS -ALLIED, INC.— Principal Witness ---------~------ - ----------------- Eva Siciliani Siciliani Sec.- Trea.Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety Witness Title 025e—SM, 5-91 233978 PATRICIA M. WHITE, ATTORNEY IN FACT Conforms to American lostitute of Architects Document A-310, February 1970 Edition. ' CALMIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of ORANGE On AUGUST 18, 1998 before me, MELINDA B. BAILEY, NOTARY PUBLIC- - - - - DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT- - - - - - - - - - - - NAME(S) OF SIGNER(S) LJ 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. B. BAILEY (SMELINDA COMM.# 1128903 WITNESS my hand and official seal. dOMNCNato CMy _o ' F11 lon pxp, V6x l K .� / SIGNATURE OF NOTARY V 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 Tntr=(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) FIDELITY AND DEPOSIT COMPANY OF MARYLAND DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT -I- NUMBER OF PAGES 8-18-98 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 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPAINY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Patricia M. White, of Placentia, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance#oes, presents, s e as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknoby the re�lected officers of the Company at its office in Baltimore, Md., in their own proper persons. e The said Assistant Secretary does hereby certify that the extract set fo ve e re reof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. �i� IN WITNESS WHEREOF, the said Vice -President and Assistant ta'y have her bscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND �th day of A.D. 1998. �D ATTEST: FIDELITY AN7D PIQT CO AI OF MARYLAND 0 0 a By: �--��' T. E. Smith 43tant Seere W. B. Walbrecher Vice -President 0 State of Maryland SS: of Baltimore On this 19th day of January, A.D. 1998, before the subscri"Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice -President and T. E. SMITH, tant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers ed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, ly and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the precedi ent is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscnbed 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. Car l J. Fader Notary Public My C iss' Expires: August 1, 2000 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 Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and 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 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 18th day of AUGUST 1998 Assistant Secretary L1428-012-4152-A ATLAS-ALUE09 mc. 1210 N. Las Brisas Anaheim, CA 92806 TO: City Cle'rks Office 2ND Floor City Of�Huntington Beach 2000 Main Street Y Huntington Beach, CA 92648 Beach Boulevard Water Line C o"Ai MD NAME.0 from intersection —gf—Y.ork '-- -Avenue , to Atlanta MD DATE: 8-18-98 MD TME: 2:00 P.M. IN AUG 18 P 1: 5b i SECTION C PROPOSAL for the BEACH BOULEVARD WATERLINE CROSSINGS at THE INTERSECTIONS OF YORKTOWN AVENUE, AND ATLANTA AVENUE in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedules A & B. Bid Schedule A is for the Yorktown Avenue location and Bid Schedule B is for the Atlanta Avenue location. 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 PROJECT BID SCHEDULE temEstimated No. Quantity Item with unit price written in wards Unit Price Extended Amount Bid Schedule A Yorktown Avenue 1 1 LS Mobilization (Not to exceed 5% of the total bid amount) @ Four Thousand Dollars $ 4,000.00 $4,000.00 and no Cents Per LS 2 1 LS Prepare Traffic Control Plans - City @ One Thousand Dollars $ 1,000.00 $1, 000.00 and no Cents Per LS 3 1 LS Prepare Traffic Control Plans - Caltrans @ One Thousand Dollars and no Cents $ 1,000.00 $1, 000.00 Per LS 4 1 LS Sheeting Shoring and Bracing @ Five Thousand Dollars and no Cents Per LS $ 5,000.00 $ 5 , 000.00 5 267 LF Furnish and Install 12" PVC C-900 Water main complete @ One Hundred Twenty five Dollars $ 125.00 $ 33 , 375.00 and no Cents Per LF 6 12 LF Fumish and Install 6" PVC C-900 Water main complete @ One Hundred Ten Dollars and no Cents $ 110.00 $1, 3 20.00 Per LF 7 4 EA Furnish and Install 12" Gate Valve with valve can complete @ One Thousand Two Hundred Dollars and no Cents $1,200.00 $4,800.00 Per EA 8 1 EA Furnish and Install 8" Gate Valve with valve can complete @ Seven Hundred Fifty Dollars $ 750.00 $ 750.00 and no Cents Per EA 9 1 EA Furnish and Install 6" Gate Valve with valve can complete @ Five Hundred Dollars $ 500.00 $ 500.00 and no Cents Per EA C-1s PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in wards Unit Price Amount 10 1 Furnish and Install Fire Hydrant Assembly per Std. Plan No. 607 EA @ Three Thousand Five Hundred Dollars $ 3 , 500.00 $ 3,500.00 and no Cents Per EA 11 138 Furnish and Install 24" Steel Casing Pipe per Detail 4 on Sheet 3 complete LF @ Two Hundred Eighty Five Dollars $ 285.00 $ 39,330.0 and no Cents Per LF 12 1 Connect to Existing 12" AC water main with Hot - Tap and valve assembly per Detail 1 on Sheet 2 complete (Yorktown Avenue) LS @ Three Thousand Dollars $ 3 , 000.00 $ 3,000.00 and no Cents Per LS 13 1 Connect to Existing 6" water line per Detail 2 on Sheet 3 complete (Yorktown Avenue) LS @ Two Thousand Five Hundred Dollars $2,500.00 $ 2,500.00 and no Cents Per LS 14 4 Replace Vehicle Detector Loops EA @ Five Hundred Dollars $ 500.00 $ 2,000.00 and no Cents Per EA 15 1 Remove Traffic Pavement Stripes LS @ One Thousand Dollars $ 1, 000.00 $ 11000.00 and no Cents Per LS 16 1 Paint Traffic Stripes and Pavement Markings LS @ Two Thousand Dollars $ 2, 000.00 $ 2,000.00 and no Cents Per LS 17 1 Furnish and Install Air -Vac Assembly per Std. Plan No. 607 EA @ Two Thousand Dollars $ 2 , 000.00 $ 2,000.00 and no Cents Per EA Bid Schedule B Atlanta Avenue 18 1 Mobilization (Not to exceed 5% of the total bid amount) LS @ Four Thousand Dollars $ 4 , 000.00 $ 4 , 000.00 and no Cents Per LS C-2s PROJECT BID SCHEDULE Item EstiiTa—ted Item with unit price xten e No. Quantity written in words Unit Price Amount 19 1 Prepare Traffic Control Plans - City LS @ One Thousand Dollars $ 1, 000.00 $ 1,000.00 and no Cents Per LS 20 1 Prepare Traffic Control Plans - Caltrans LS @ One Thousand Dollars $ 1, 000.00 $ 1,000.00 and no Cents Per LS 21 1 Sheeting Shoring and Bracing LS @ Five Thousand Dollars $ 5 , 000.00 $ 5,000.00 and no Cents Per LS 22 110 Furnish and Install 12" PVC C-900 Water main complete LF cr One Hundred Twenty Five Dollars $ 125.00 $ 13,750.00 and no Cents Per LF 23 65 Furnish and Install 12" DI CLASS 350 Water main complete LF @ One Hundred Ninety Dollars $ 190.00 $ 12,350.00 and no Cents Per LF 24 4 Fumish and Install 12" Gate Valve with valve can complete EA @ One Thousand Two Hundred Dollars $ 1,200.00 $ 4,800.00 and no Cents Per EA 25 1 Furnish and Install 8" Gate Valve with valve can complete EA @ Seven Hundred Fifty Dollars $ 750.00 $ 750.00 and no Cents Per EA 26 1 Furnish and Install Air -Vac Assembly per Sid. Plan No. 607 EA @ Two Thousand Dollars $ 2,000.00 $ 2,000.60 and no Cents Per EA 27 95 Furnish and Install 24" Steel Casing Pipe per Detail 4 on Sheet 3 complete LF @ Three Hundred Twenty Five Dollars $ 325.00 $ 30,875.00 and no Cents Per LF 28 1 Connect to Existing 12" x 8" cross including 12" gate valve per Detail 1 on Sheet 3 complete (Atlanta Avenue) LS @ Three Thousand Five Hundred Dollars $ 3,500.00 $ 3,500.00 and no Cents Per LS C-3s PROJECT BID SCHEDULE Item No. Estimated Quantity Item with unit price written in words Unit Price Extendea Amount 29 1 LS Connect to Existing 8" water line per Detail 2 on Sheet 3 complete (Atlanta Avenue) @ Two Thousand Five Hundred Dollars $ 2 , 500.00 $ 2 , 500.00 and no Cents Per LS 30 3 EA Replace Vehicle Detector Loops @ Five Hundred Dollars and no Cents Per EA $ 500.00 $1, 500.00 31 1 LS Remove Traffic Pavement Stripes @ One Thousand Dollars $1, 000.00 $ 1, 000.00 and no Cents Per LS 32 1 LS Paint Traffic Stripes and Pavement Markings @ Two Thousand Dollars $ 2, 000.00 $ 2 , 000.00 and no Cents Per LS 33 1 LS Construct Concrete Blanket per Detail 5 on Sheet 3 @ Two Thousand Five Hundred Dollars $ 2,500.00 $ 2,500.00 and no Cents Per LS 36 @ Dollars Cents $ $ Per 37 @ Dollars $ $ Cents Per 38 @ Dollars $ $ Cents Per 39 @ Dollars $ $ Cents Per C-4s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidd rs' Bthe amount of $iox of Ria Ammhkh said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature NONE C4 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 Borin Ayala Boring 10150 Poplar, Fontana CA 92335 Traffic Loops L & R Electric P.O. Box 299, MonroviaC-10 By submission of this proposal, the Bidder certifies: 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-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Christopher Valverde , being first duly sworn, deposes and says that he or she is Corporate/Secretary of Valverde Construction, Inc _ the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. VALVME CONSTRUCTION, INC. Name of Bidder S1nature Bidder riture er Valverde-Corporate/Secretary 10936 Shoemaker Avenue. Santa Fe Sp -rings, Address of Bidder California 90670-4533 Subscribed and sworn to before me this 17 day ofAuQust , 199 _JL . CYNTHIA D. ASCENCIO N COMM. #1073152 PUBL� �8 NOTMY Y e LOS MGELES COUNTY L ._.. My CWM Eqx oa 6.1M J NOTARY PUBLIC NOTARY SEAL C-6 State of California County of T.,Q Angeles On August 17, 1991before me,Cy nthia Ascencio (DATE) (NAMEMTLE OF OFFICER-i.e.-JANE DOE, NOTARY PUBLIC-) personally appeared Christopher Valverde INAME(S) OF SIGNER(M) ff personally known to me -OR- ❑ proved to me on the CYNTHIA D. ASCENCIO N COMM. #1073152 NOTARY PUBLH'-CALIFORNUIj Qt LOS ANGELES COUNTY N L _ — My Comm. EV. Od_6,1999� Witness my hand and official seal. asls 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 capacitylies), and that by his/her/their signatures) on the instrument the person(s), VI the entity upon behalf of which the person(s) acted, executed the instrument. (SEAL) (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 den 8.2A) ®1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALIS) XXOCORPORATE Secretary OFFICERISI (nnE91 ❑PARTNER(S) OLIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEEIS) ❑ GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: INams of Person(s) or Entity(les) lifri Mr. e. .. RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALIS) ❑CORPORATE OFFICERIS) MTLES1 ❑PARTNERIS) OLIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) O GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entitylles) 1111[k11111111111i3iNuylY, UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BEACH BOULEVARD WATERLINE CROSSINGS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps. as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: August 17, 1998 VALVERDE CONSTRUCTION, INC. Contractor By ristop r Valverde Corporate/Secretary Title C-7 State of California County of T.n_ ATgP� Pc On August 17, 199Sefore me,cynth- a Ascencio (DATE) INAME/TITLE OF OFFICER-i.e.-JANE DOE, NOTARY PUBLIC') personally appeared Christopher Valverde INAMEIS) OF SIGNERIS)) personally known to me -OR- ❑ proved to me on the r ...... ' CYNTHIA D. ASCENCIO--I COMM. #1073152 i NOTARY PUBLIC-CALIFORNIA %e LOS ANGELES COUNTY N My coif Exp. Oct 6,1999—i asls 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 instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (SEAL) if ISIGNATURE 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 clap 8-2A) 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUAL(S) XXICORPORATE Secretary OFFICERIS) Onus) OPARTNERIS) OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Personis) or Entity(iss) - itte . RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) OCORPORATE OFFICER(S) OnM ❑PARTNERIS) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) O GUARD IAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entity(ies) 111111111111111111111111�lgl1, m DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes WNo 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-8 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: August 17, 1998 VALVERDE CONSTRUCTION, INC. Contractor &' By -Christ her Valverde Corporate/Secretary Title C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor 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-10 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: VALVE 0E CONSTRUCTION, INC. Bidder Name 10936 Shoemaker Avenue Business Address Santa Fe Springs, CA 90670-4533 City, State Zip (562 ) 906-1826 Telephone Number #276469 "A" State Contractor's License No. and Class May 1972 Original Date Issued January 31, 1999 Expiration Date The work site was inspected by Edward Valverde of our office on Au faint S , 199a-. The following are persons, firms, and corporations having a principal interest in this proposal: Corporation: Joe A. Valverde-President/Manager Christopher Valverde-Corporate/Secretary Rose Valverde -Treasurer C-11 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. Company N Signature of Bidder Christopher Valverde-Corporate/Secretary Printed or Typed Signature Subscribed and sworn to before me this 17 day of August , 199$ . r .. CYNTHIA D. ASCrNC10� N COMM. #1073152 a NOTARY PUBLIC-CALIFORNIA Q ^ y e LOS ANGELES COUNTY W My Corm F-V. Oct. 6.1999� 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. City of Anaheim, 200 S. Anaheim Blvd, Anaheim, CA 92805 Name and Address of Public Agency Name and Telephone No. of Project Manager: Dave Nelson - 714-254-5286 $406,835.00 Watermain 10-21-96 Contract Amount Type of Work Date Completed 2. Port of Los Angeles, 425 S. Palos Verdes, San Pedro, CA 90733 Name and Address of Public Agency Name and Telephone No. of Project Manager: Lisa Roberts - 310-732-3612 $224,000-00 Watprmain 10-78-96 Contract Amount Type of Work Date Completed 3. Suburban Water IqystpMs. 1211 F_ Cent r Cmirt Driva, rcmin� Q 91794 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mike Blake - 818-918-3701 $145,850.00 Watermain 12-29-95 Contract Amount Type of Work Date Completed C-12 l- UNITED STATES FIDELI UARANTY COMPANY ( S P nY) BID BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: THAT VALVERDE CONSTRUCTION, INC. ..................................................................................................................................................................... Of 10936 Shoemaker Avenue, Santa Fe Springs, CA 90670 as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and finely bound unto ................................................................. City of Huntington Beach .......................................................................................................................................... as Obligee, in the full and just sum of ................................................................................................................................ Ten Percent (10$) of the Total Amount of Bid Dollars, ............................................................................................................................................................... lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal The construction of Beach Blvd. Water Line Crossing from Intersections of Yorktown Avenue and Alanta Avenue, Project #1091 THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another parry to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 0 8 / 18 /9 8 ...................................... (Date) Contract 11 (Revised) (1-74) VALVERDE CONSTRUCTION,• INC. ..........................tV!e7r ......................................... (SEAL) .By.:.... (SEAL) Ch stophde—Cc►i•pJSecretary N D STATES FIDELITY AND GUARANTY COMPANY By: `...... ........................ M . OODY Attorney -in -fact State Of California County Of T.nG AngPlec OnAugust 17, 1998 before me,Cy Chia Ascencio (DATE) (NAME/TITLE OF OFFICER•i.e.'JANE DOE. NOTARY PUBLIC1 personally appeared Christopher Valverde INAMEISI OF SIGNERISII Ef personally known to me -OR- O proved to me on the r , I. CYNTHIA D. AS ENC{0 t l CC`AM. #1073152 "It1; NOTARY PU3! .-CAUFOFM $o '. LGS ANGELES COUNTY N L — — ^ My Comm. Exp. Oct-6. signature(s) -J Witness my hand and official seal. he/she/they executed the authorized capacity(ies), and that by his/her/their on the asls of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged tome that same in his/her/their instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (SEAL) �7 (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 Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Than Named Above WOLCOTTS FORM 63240 Rev. 3.94 (price class 6.2A) 01994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) )MCORPORATE Secretary OFFICER(S) IF MTSI OPARTNER(S) OLIMITED ❑GENERAL OATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) OINDIVIDUALIS) OCORPORATE OFFICER(S) �:a OPARTNER(S) OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Persons) or Entity(ies) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On August 18, 1998 before me, Andrew J. Letendre, Notary Public DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' personally appeared M. Moody , NAME(S) OF SIGNER(S) xx 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 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. a •ANDREW J. LETENDRE W E a d official seal. COMM. # 11719100 m NOTARY PUBLIC • CALIFORNIA (A V SAN FRANCISCO COUNTY N My Comm. Expk9s April 10, 2002 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 xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Surety: unit -Pi 4 a G 'Fidelity and Guaranty Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUM9NT SIGNER(S) OTHER THAN NAMED ABOVE 1549098 United States fidelity and Guaranty Company tO U S FAG• Power of Attorney No. 110322 Know all men by these presents: That United States Fidelity and Guaranty Company, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint J.M. Albada , L.P. To s se , John W. Davis, P. Reekers, M. Moody and Rosemarie Guanill of the Cityof San Francisco . State of California its true and lawful AtmmeylsEin-fact each in their separate capacity if more than one is named above. to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said United Stabs Fidelity and Guaranty Company, has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 25th day of April . A.D.19 9 7. United States Fidelity and Guaranty Company, ea (Signed) BY ............. / "�i1..6 . t..1. �.. �. .. ? Vice President (Signed) By ......... �-,;s;istant 'Aecretary Stab of Maryland 1 � SS: Baltimore City ►>> On this 25th day of April A.D. 19� 7 , before me personallyceme Gary A. Wilson, Vice President of United Stabs Fidelity and Guaranty Company, and Thomas E. Huibregtse, Assistant Secretarvo%�said Company, with both of wpm 1 am personally cited, who being by me severally duly swam, said, that they, the said Gary A. Wilson and Thomas E. Huil y e respectively the Vice�e ident and the Assistt etary of the said United States Fidelity and Guaranty Comparry, the corporation described in andted the foregoipg�r of Attorney that theyeachkruw the seal of said corporation: that the seal affixed to said Power of Attorney was such corporate se F, t�ajit was so affixed by order oPt(te Board of Directors � atfd corporation, and that they signed their names thereto by like order as Vice President and Assistant Secre respectively, of the My Commission expires the 13 t day of Ati$s� A.D.1998.�> . - .0,.N.,fJ Public This Power of Attorney is granted under and by 'bilprr of the following Resolutions adopted by the Board of Directors of the United States Fidelity and Guaranty Company on September 24,1992: �1 Resolved. that in connection with the fidelity and surety insurance business of the Company, all bonds. undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as AttomeylsEin-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powerlsl of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company. either by the Chairman, or the President or an Executive Vice President or a Senior Vice President. or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be ergraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to arty Power of Attorney or to any certificate relating thereto appointing Attomey(sHn-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. Resolved, That Attomey(sHn-Fact shall have the power and authority, and. in any rase, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to arty and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s�in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, an Assistant Secretary of the United States Fidelity end Guaranty Company, do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its hoard of Directors on September 24.1992 and that these Resolutions are in full force and effect I, the undersigned Assistant Secretary of the United Stabs Fidelity and Guaranty Company, do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set myhand and the seal of the United States Fidelity and Guaranty Company. onthis 18th dayof August .19 98 Assistant Secretary 10 FS 3(11/96) ,VALVrRDE CONS7RUC770MOC Genera! EqLweft Cx0adw . Ucense No. 276M 10936 SHOEMAKER AVE. SANTA FIE SPRINGS, CA 90670 City,lof Huntington Beach 2000IMain Street Huntington Beach, CA 92648 Bid: August 18, 1998 @ 2:00 P.M. Project: Construction of Beach Blvd Water Line Crossing from Intersection of Yorktown Avenue and Alanta Avenue #1091 Of j Any Correspondence in relation to this bond should be directed to: BOND DEPT WAUSAU INSURANCE COMPANIES PO BOX 8017 WAUSAU WI 54402-8017 1-800-435-4401 F_ WAUSA.0 L_J NATIONWIDE®INSURANCE GROUP Wausau Insurance Companies Bid or Proposal Bond KNOW ALL MEN BY THESE PRESENTS: That We, Gueno Development Company,Inc. (hereinafter called the principal), as principal, and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation organized and doing business under and by virtue of the laws of the State of Wisconsin, 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 Wisconsin as Surety, are held and firmly bound unto the City of Huntington Beach (hereinafter called the Obligee) in the just and full sum of Ten percent 10%of the amount bid Dollars ($------------- ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators 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 Beach Boulevard Water Line Crossings from Intersections of Yorktown Avenue and Alanta Avenue Cash Contract No. 1091 in the City of Huntington Beach 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 18th day of August 19 98 SCO01 11-93 Gueno Development Com any,Inc. (P ipal) (Seal) By ANDRE J. GUENO, PRESIDENT EMPLOYERS INSURANCE OF WAUSAU A -Mutual Company urety (Seal) C �r ey-in-Fact) J hn J. Ca v CD Z Q EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY (FOR BID BONDS ONLY) KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made, constituted and appointed, and does by these presents make, constitute and appoint DAVID G. HARRIS, JOHN J. CASEY SWAN LEE, R. A. BASS its true and lawful attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute. seal, acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUARAN- TEES OR IN THE NATURE THEREAFTER ____________________________________________ z 0 w cc and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney -in -fact may do in the premises. QThis power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a w meeting duly called and held on the 18th day of May, 1973, which resolution is still in effect: tL "RESOLVED, that the President and any Vice President — elective or appointive — of EMPLOYERS INSURANCE OF Q WAUSAU A Mutual Company be, and that each of them hereby is, authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF R'AUSAU A OMutual Company bonds, undertakings and all contracts of suretyship; and that any secretary or assistant secretary be, z 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 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." w "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU O A Mutual 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 and facsimile seal shall be valid and binding Zupon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect w to any bond, undertaking or contract of suretyship to which it is attached" Uj IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be w signed by the vice president and attested by its assistant secretary, and its corporate seal to be hereto affixed this 1ST day of Q FEBRUARY 19 97 . ^~'i\ EMPLOYERS INSURANCE OF WAUSAU A Mutual Company to SEAL i3 ,� - �SAL��,+By t L J. Stephen Ryan Vice President — Attest: w R. J. Besteman Assistant Secretary STATE OF WISCONSIN ) f ) ss. Q COUNTY OF MARATHON ) tL O On this 1ST day of FEBRUARY 19 97 before me personally came w J. Stephen Ryan to me known, who being by me duly swom, did depose and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany, the corporation described in and which O executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal and that it was so n- affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above written. J > z_ Patricia A. Herdina Notary Public z NOTARY PUBLIC Cf) STATE OF WISCONSIN MY COMMISSION EXPIRES MAY 24, 1998 0^ i STATE OF WISCONSIN ) CERTIFICATE CITY OF WAUSAU ) ss. COUNTY OF MARATHON ) I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power ofattorney, WHICH MUST CONTAIN A VALIDAT- ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK, remains in full force and has not been revoked; and furthermore that the resolution of the Board of Directors set forth in the power of attorney torney is still in force. Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin, this day of AuRu s t 19 98 --- d- t' l�o.,o■+•. R. J. Besteman Assistant Secretary e SEAL` NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY, CALL TOLL FREE (800) 826-1661. (IN WISCONSIN, CALL (800) 472.0041) 815-4222-1 09-96 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Francisco On _August 18, 1998 , before me, Maureen E. Schmidt,notary public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Place Notary Seal Above John J. Case Name(s) of Signer(s) =x personally known to me 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. ftbu�_ Z-:� , � Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: John J. Casey Individual Top of thumb here ❑ Corporate Officer— Title(s): Partner — ❑ Limited ❑ General X Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Employers Insurance of Wausau A Mutual Company 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 I SECTION C PROPOSAL for the BEACH BOULEVARD WATERLINE CROSSINGS at THE INTERSECTIONS OF YORKTOWN AVENUE, AND ATLANTA AVENUE in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedules A & B. Bid Schedule A is for the Yorktown Avenue location and Bid Schedule B is for the Atlanta Avenue location. 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 PROJECT BID SCHEDULE Item Estimated Item with unit priceExtended., No. Quantity written in words . Unit Price Amount Bid Schedule A Yorktown Avenue 1 1 LS Mobilization (Not to exceed 5% of the total bid amount) @7,4/R7-Y- F/06 N4,OD7.5 tY Dollars $ 3S37' $3S-37b� Cents Per LS 2 1 LS Prepare Traffic Control Plans - City @ FORTY -C/GHT yunu04b , S� uikaT&c° )Dollars Db $ y817 o $ 118/7 o 0/1 d Cents Per LS 3 1 LS Prepare Traffic Control Plans - Caltrans @ riot7Mws i-nt)� FI F)" Y '— Dollars op S $050 $ .5 0�so 00/ /nO Cents Per LS 4 1 LS Sheeting Shoring and Bracing @` YTY- o R D, 7-,W '-- Dollars b0 WO .- a o s& 910 ©O//O 0 Cents Per LS 5 267 LF Furnish and Install 12" PVC C-900 Water main complete @ N/ h 1� TY Ty-R 6 Dollars 00 $ b a// up Cents Per LF 6 12 LF Furnish and Install 6" PVC C-900 Water main complete @a�1� ffc/r1D12E0, fll�NlY- FOUR --Dollars $ Cents Per LF 7 4 EA Furnish and Install 12" Gate Valve with valve can complete @/y/nt7tF,n HQr)OReo, b6n71- t/bollars 00 $1'787 — $ 79[iA> 1/0O Cents Per EA 8 1 EA Furnish and Install 8" Gate Valve with valve can complete @ s/ XTt P_r/ f}ur7ORED� TO ARTY Dollars $ /C0 3 0 ato— $ / 6,3y O 0//00Cents Per EA 9 1 EA Furnish and Install 6" Gate Valve with valve can complete @F/FTEEn A)onDeLp, Dollars 00 $ /S80 O O/ Cents Per EA C-1s I PROJECT BID SCHEDULE Item Estimated Item with unit price Extended.. No. Quantity: - written in words Unit Price Amount 10 1 EA Furnish and Install Fire Hydrant Assembly per Std. Plan No. 607 @ �ar'RrY FOUee/y(/p1y2� �a OF b Dollars $ V'/W ao $ yys� on a ql/ Cents Per EA 11 138 Furnish and Install 24" Steel Casing Pipe per Detail 4 LF on Sheet 3 complete @ O/7 P- ��n o 6f1* 7_y-S/X Dollars o0 $ 0& O a8� o O// G U Cents Per LF 12 1 Connect to Existing 12" AC water main with Hot - Tap and valve assembly per Detail 1 on Sheet 2 complete LS (Yorktown Avenue) S buFn?y- @4V40).y_F/be/iynZ)afoo %ZVy Dollars oo $7S 7a ~ ao $ 7.57.-) fib//V Cents Per LS 13 1 Connect to Existing 6" water line per Detail 2 on Sheet 3 LS complete (Yorktown Avenue) @FOuie 7-yoys.49-op, lbrnoy s/x `-- Dollars 00 $yo Op �! Cents Per LS 14 4 EA Replace Vehicle Detector Loops @ rlUE HUAD P261D4 F/ F'y'fV-bbt/7Dollars $SSd' 00 $-'ta 3- /) 0- Cents Per EA 15 1 LS Remove Traffic Pavement Stripes @ ��6�7 HunoRE�.mnbTY'h�n Dollars 0o $ �9'9 AO $S99 b 0%Cents Per LS 16 1 LS Paint Traffic Stripes and Pavement Markings @ ef/G/j7 / 10�1,0,7WZATy' /7/n E Dollars o_o $ p 00 $ 00 Cents Per LS 17 1 EA Furnish and Install Air -Vac Assembly per Std. Plan No. 607 @0 oe I'FOUA 1)VrIDR-F0 FORTY — Dollars $ 4/9VD QD $ yyy0 11 O 0/T Cents Per EA Bid Schedule B Atlanta Avenue 18 1 LS Mobilization (Not to exceed 5% of the total bid amount) 7)y*) /-'<1-'V'/2Dollars $35 3 2 0 0 od $2Z 37 00 l,/ 00 Cents Per LS C-2s PROJECT BID SCHEDULE I[Rim-TEstimatedItem Na.. Quantity . with Unit price written in words Unit Price Extended Amount 19 1 LS Prepare Traffic Control Plans - City @ FORT-y-&6nTNUADAEp SIOM-rb E n Dollars $y8/7 Q� $ '/8/ep 7 Cents Per LS 20 1 LS Prepare Traffic Control Plans - Caltrans @PyoE 7-Ho4a,gr)a, F/FTY Dollars 00 $SO-SO 0 6/16 ° Cents Per LS 21 1 LS�Y7Y`h�h� Sheeting Shoring and Bracing t74nDREO,n�l1�TE�h Dollars 00 $l9�y $e09�9da © 04 0 0 Cents Per LS 22 110 LF Furnish and Install 12" PVC C-900 Water main complete @ .S 1 Y T V - -5 �U /? ~----' Dollars $ G 7 ° $73 7d b0/Y po Cents Per LF 23 65 LF Furnish and Install 12" DI CLASS 350 Water main complete @ On yuhoREo, 7'ft/RT �FN `- Dollars Oa $ /13 00 $73y.5 0 e// Cents Per LF 24 4 EA Furnish and Install 12" Gate Valve with valve can complete Dollars $!80 y $7a/G o0 oo//oo Cents Per EA 25 1 EA Furnish and stall Gate ya it h v %ml��te StEv�"1 N Ab Dol�larrs $ Cents Per EA 26 1 EA Furnish and Install Air -Vac Assembly per Std. Plan No. 607 @i iieTY `_c emr1k,noer-o 71w&n7-Y — Dollars $ 37ad `2 $3�a0 o0 6a�l4MCents Per EA 27 95 Furnish and Install 24" Steel Casing Pipe per Detail 4 LF on Sheet 3 complete @ IkInDk.�S�U�/)T%SI Dollars 00 $�%� $7�0 400//00— _, Cents Per LF 28 1 Connect to Existing 12" x 8" cross including 12" gate valve LS per Detail 1 on Sheet 3 complete (Atlanta Avenue) Nut) o,-s0-VV4nTy-01nbollars $��'% ♦ ot $7 / / 0 0 Cents Per LS C-3s PROJECT BID SCHEDULE Item No. EstimatedItem Quantity with unit price written in words :. Unit Price. xten e Amount 29 1 LS Connect to Existing 8" water line per Detail 2 on Sheet 3 complete (Atlanta Avenue) @TN jkT Y '0;a.,je 110noQED, Ty R.& E -- Dollars 09 $3 Y0 3 00 -- Oa�/�,L Cents Per LS 30 3 EA Replace Vehicle Detector Loops @ Sly H4n,DRED Dollars $600 oo $ `&06 2-0 00//0 0 Cents Per EA 31 1 LS Remove Traffic Pavement Stripes @ �/6117 Nvna&4o n1%1 ET Dollars 0 0 $ 8 99 0-0 $ (399 O O// 0 O Cents Per LS 32 1 LS Paint Traffic Stripes and Pavement Markings @ � �-/6n7-Munc0 7406 Tv •h 11) t Dollars 00 $ 8� 9 $ 8a i �`0 Cents Per LS 33 1 LS Construct Concrete Blanket per Detail 5 on Sheet 3 Dollars ofl $185/ — O0 $As S/ 00// 00 Cents Per LS 36 @ Dollars $ $ Cents Per 37 @ Dollars $ $ Cents Per 38 @ Dollars $ $ Cents Per 39 @ Dollars $ $ Cents Per C-4s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. 8 Accompanying this proposal of bid, find 6o O in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work I Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 IV NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ANDRE J . GUENO , being first duly sworn, deposes and says that he or she is PRESIDENT of GUENO DEVELOPMENT CO., INC. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. GUENO DEVELOPMENT CO.. INC. Name of Bidder Signature of Biker 714 W. OLYMPIC BLVD., SUITE 1120 LOS ANGELES, CALIFORNIA 90015 Address of Bidder Subscribed and sworn to before me this 18TH day of AUGUST , 199 8 NOTARY PUBLIC MARIA G. RODRIGUEZ Commission # 1145665 Z Notary Public - California > Los Angeles County ,WMy Comm. Expires Jul4. NOTARY SEAL C-6 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the BEACH BOULEVARD WATERLINE CROSSINGS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: AUGUST 18, 1998 GUENO DEVELOPMENT CO.. INC. Contractor i By ANDRE J . GU NO PRESIDENT Title C-7 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes Ej 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-s t COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require -every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 8/ 18/98 GUENO DEVELOPMENT CO., INC. Contractor By ANDRE J . GV60 PRESIDENT Title C-9 . , It BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: GUENO DEVELOPMENT CO.. INC. Bidder Name 714 W. OLYMPIC BLVD., SUITE 1120 Business Address LOS ANGELES, CA 90015 City, State Zip (213 ) 748-5664 Telephone Number 491187 CLASS A State Contractor's License No. and Class 5/8/86 Original Date Issued 5/31/00 Expiration Date The work site was inspected by RYAN FAIR of our office on AUGUST 08 , 199&. The following are persons, firms, and corporations having a principal interest in this proposal: ANDRE J. GUENO, PRESIDENT C-11 M r 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. GUENO DEVELOPMENT COINC. Company Name/% _ Signature of Bi ANDRE J. GUENO, PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 18TIday of AUGUST NOTARY PUBLIC AAARIA G. RODRIGUEZ Commission # 1145665 q?MY Notary Public - California Los Angeles County Comm. Expires Jul 4, 2001 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. CALTRANS 4000 WHEELER AVE SUITE #1 T.A VFRNFs CA 9-1750 Name and Address of Public Agency Name and Telephone No. of Project Manager: KAL LAMBAZ 909/596-7623 $2,339,814 RT 30• FOOTHILL TO WILLIAMS 07-105204 2/99 Contract Amount Type of Work Date Completed 2• CITY OF FONTANA 8353 SIERRA AVENUE FONTANA, CALIFORNIA Name and Address of Public Agency Name and Telephone No. of Project Manager: YOUSUF PATANWALA 909/350-6645 $1,157,843 S. HIGHLAND AVE. IMPROVEMENTS SB-5397 2/98 Contract Amount Type of Work Date Completed 3• CITY OF SANTA CLARITA 23920 VALENCIA BLVD., SUITE 300 SANTA CLARITA, CA 91355 Name and Address of Public Agency Name and Telephone No. of Project Manager: ROUBIK MARDIROSIAN 805/286-4142 ,$1.941.691 RATTROAT) AVFNTTF RFrONSTRTTfmaw 95—Q65 7/98 Contract Amount Type of Work Date Completed C-12 CITY CLERK CITnY OpE^ ii C HUSTiNGT s n GUENO DEVELOPMENT CO., INC. 714 W. OLYMPIC BLVD. SUITE 1120 LOS ANGELES, CA 90015 y TO CITY OF HUNTINGTON BEACH CITY CLERKS OFFICE SECOND FLOOR 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 BID DATE: 8/18/98 A BID TIME: 2:00 PM "SEALED BID" for BEACH BOULEVARD WATERLINE CROSSINGS in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL VA I