HomeMy WebLinkAboutJ A SALAZAR CONSTRUCTION AND SUPPLY CORPORATION - 2003-12-01 (2)!,A
RECEIVED BY:�� CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Chws Office
after signingidating
IX — 4 4�
(Date)
C17Y OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
,.FBI
TO: Shari Freidenrich, City Treasurer
K
FROM: a74
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for 2 0A),�_jX,"Ck2c)IJ
(company Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Vw_
0
Re: Tract No.
CC No.
MSC No.
Approved Agenda fte.m No.
(Cou*0 Awvvaf Dab)
City Clerk Vautt No.,
#27 Q:ftla��A=
TO:
FROW
DATE:
SUBJECT: Rote htlon,Rell'66so 0 - ''e
oym nt
COrnpanyi' arne, J. A. Salazai Construction, 4 Supoly, Inc.
Address, . 14931 R441d Drive
City, State�'and Zip Code: La Mirada',: California
Phone Nq'mber: (714) 1 521-6837
Businessticense Number: A214928 Exp, 4/05
Local Address: Same,as above
Notice oftompletion Date,:Pending
Contract Purpose: Release remal ining,10% money to contractor from Cash Contract 1192
The conformed copy of the Notice of Completion for',the above contract has been.filed.
The thirty-five (35) day waiting period has elapsed or will,elapse before payment is made.
Processing of the retention payment is recommended so long as no� stop notices
p
outstanding invoices are on,'file,�,With the City.
I certify that no stop notices are� on file on th"ub*,t4lhis time.
13
Date
I certify that there are no outstanding invoices
---- �-3, 0 "
Date
file.
reidenrich, City Treasurer
I certify that no stop notices are� on file on the subject contract, and that a guaranty bond
has been filed with this office.
gAllo �2(
bate Joan L Fl Cit' Clerk
Y
keten. Release.doc 8/3/2004 11 �05 AM
4p 001 7s-
m
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH NO FE E
Attn: Robert A. Martinez 2004000634723 08.39am 07/14/04
P.O. Box 190 — 2000 Main Street 120 67 N12 1
Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA
92648, that the contract heretofore awarded to J. A. Salazar Construction & Supply, Inc. who was the company thereon
for doing the following work to -wit:
12" GREEN ACRES WATER LINE EXTENSION PROJECT; CC-1 192
That said work was completed June 30, 2004, by said company according to plans and specifications and to the satisfaction
of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on
June 30, 2004, per City Council Resolution No. 2003-70 adopted October 6, 2003.
That upon said contract SAFECO First National Surety was surety for the bond given by the said company as required by
law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code
Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this June 30, 2004.
irector of Public y Engineer
0k'CD ity of Huntington Beach, California
STATE OF CALIFORNIA)
County of Orange ss:
City of Huntington Beach
1, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF
COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my
knowledge.
I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly
and regularly ordered to be recorded in the Office of the County Recorder of nge CountxA
Dated at Huntington Beach, California, this June 30, 2004. B)
0'.,,Cirector of Public Works or City Engineer
ity of Huntington Beach, California
J1
t
City of Huntington Beach
Department of Public Works
2000 Main Street/P.O. Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance with Title Vil of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on:
-I,- - 'W
hereby certifies that all laborers, mechanics, apprentices, trainees, -watchmen and
guards employed by him or by any subcontractor performing work under the contract on
the project have been paid wages at rates not less than those required by the contract
provisions, and that the work performed by each such laborer, mechanic, apprentice or
trainee conformed to the classifications set forth in the contract or training program
provisions applicable to the wage rate paid.
APPROVED AS TO FORM
TJEFER McGIRATIL CkAttoW
S" Sutton
P p ;� *3
City tomW 12
-tYCItYAttozney 12,IYID
g:followup\cashcont\cashconl.doc
procedure #14
a
I
state: - -
1. 1 am the general contractor for the City of Huntington Beach, as to the project more
fully described in the public ntra entitled:
- (-Z!- �rv_---_ &,.�
and dated 7
2. AM workers and persons employed, all firms supplying materials, and all
subcontractors for the above -mentioned project have been paid in full.
3. The following are either disputed claims, or items in connection with Notices to
Withhold, which have been filed under the provisions of the statutes of the State of
California: (if none, state "NONE")
declare under penalty of pedury that the foregoing is true and
Executed at on this' "day of
(Locaffon) �N
g:followup\cashcont\cashcon2.doc
procedure #15
, 20d_
APPROVEDAQ,TO FORM
4E VNIFER WGRATH, CRyAaony
__I , 1-2,1� 0
Sufton
-ttc
.P.V C�
eptdy City Atto=ey
Bond No: 6232428
First National Insurance Company
of America as Surety on certain Bonds issued on behalf of J.A. Salazar
Constructibn & in connection with a Contract Agreement between The Ci ty of
Supply, ine.
Huntington Beach and J.A. Salazar COMPANY, as
Green Ac es
Contractor -Obligee for the performance of wat,-,,Ii,� work on the
Waterline Extension project Project Noc*C_l 1 9joes hereby approve and
consent to the release of final payment and a final contract amount of
1111�n M Surety agrees that release of final payment shall not relieve the
Surety of any of its obligations under the bonds issued to
described above.
IN WITNESS WHEREOF, First National Insurance Company of
America has hereunto set its hand this 6th
day of �9-2-0 0 4
1
First National Insurance Company of Amer
Surety
ATTEST: ff"Aarld,
(Seal) S7i g �n! MAV Z! 2 WE
'Ali"
11 .71, ffli M
Note: An original Power of Attorney bearing same date as Consent of Surety and
acknowledgments of Attomey-In-Fact must be attached.
r131 S A F EC 0'" POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY PO BOX 34526
FIRST NATIONAL SURETY SEATTLE, WA 98124-1526
PO BOX 34526
SEATTLE, WA 98124-1526 No. 13003
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
E. VEGA; Brea,
its true and lawful attomey(syin-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 20th
day of May 2003
Am �_ pc�,4�
CHRISTINE MEAD, SECRETARY ICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA-
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, s * hall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile, On any instrument conferring such authority or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
SEAL
1928
this — 6th dayof _JUJV - 1 2004.
CHRISTINE MEAD, SECRETARY
S-1049/FNEF 7/98
ID A registered trademark of SAFECO Corporation
05/20/2003 PIDF
C'ALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 6, 2004 before me, Lisa M. Moss, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Publid')
personally appeared Philip E. Vega
Name(s) of Signer(s)
Z personally known to me -OR- El 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
rAO USA M. MOSS
- Z Commicel- behalf of which the person(s) acted, executed the instrument.
" W I Z75971
Notary Public - California
My C Los Angeles County f
Orrim- FxPffOs Sep 3. 2004;
WITNESS my hand and official seal.
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(s)
Signer's Name:
F-1 Individual
El Corporate Officer
M Titles(s):
[I Partner - E] Limited E] General
F1 Attorney -in -Fact
0 Trustee
El Guardian or Conservator
M Other:
Signer Is Representing:
here
Signer's Name:
0
Individual
El
Corporate Officer
El
Title(s):
[]
Partner - E] Limited r_1
El
Aftorney-in-Fact
El
Trustee
El
Guardian or Conservator
0
Other:
Signer Is Representing:
General
Top of Thumb here
813-1133 09/00
J. A. SALAZAR CONSTRUCTION & SUPPLY INC.
14937 RAYFIELD DRIVE
IA MIRADA, CALEFORNIA 90638
A & C-34 743587
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Letter of Transmittal
Attention: Eric Cliarlonne,
Contract Admiziisirator
Project: 12" Green Acres Water Line Extension Project: CC-1 192
Dear Mr. Charlonne:
Please review the following documeats:
1. Certificate of Compliance.
2. Declaration of Safisfaction of Clainis.
3. Authorization/Consent of Surety Final Paynient for Retenction Funds.
4. 1- Year Maintertatice Bond (100%).
5. As -Built drawings (sheet no. 4 of 9).
This Package is sent as:
Preliminary
Revised
Approved
Released for fitbrication
For your:
(x) Approval
( ) use
(714) 521- 6937
FAX(714) 521- M521
JSAI-4293M*AOI-COM
July 13, 2004
SEWER*WATERLINE*S'rORM DRAIN*STRUC1'UM* GENERAL ENGMEERING CONTRACTOR
RECEIVED BY:
(Name)
(Date)
F Ql�
�s
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
after signing/dating
. CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shad Freidenrich, City Treasurer
FROM:
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for
(—mpany Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No.
CC No.
MSC No.
Approved
(coubb Approval 1)(ate)
Agenda Item No.
City Clerk Vault No.
#27 g1followup/bondletterdoc
.'S A F E C 0'
FIRST NATIONAL SURETY
MAINTENANCE BOND
Bond 6232428
KNOW ALL BY THESE PRESENTS, That we, J.A. Salazar Construction & Supply, Inc.
as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA
SAFECO Insurance Company
PO Box 34526
Seattle, WA 98124-1526
a corporation organized under the laws of the State of Washington and duly authorized to do business in
the State of California
, as Surety, are held and firmly bound unto The City of Huntington Beach
as Obligee, in the penal sum of One Hundred Seventy Nine Thousand Four Hundred Twenty Eight and 77/100 ----------
--------------------------------------------------------------- (S 179,428.77
to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and
assigns jointly and severally, firmly by these presents.
0
WHEREAS, the said Principal entered into a Contract with the
The City of Huntington Beach dated 02/19/2004
for 12" Green Acres Water Line Extension Project CC-1 192
WHEREAS, said Contract has been completed, and was approved on the 30th
day of June 1 2004 .
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work
will be free of any defective materials or workmanship which became apparent during the period of
One (1) year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in
full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the
Principal or Manufacturer only, and the Surety assumes no liability fbr�uch a guarantee.
Signed and seated this 6th day of Vy 2004
APPROVED AS TO FORM
IF N NIPER M,,ORAM City Aftmey
J.A. Sofaz* ConstrLktidQ & Supply, Inc.
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
By
(Sea!)
(Seal)
(Sea!)
S-0843/FNEF 10/99
Attomey-in-Fact
V A registered trademark of SAFECO Corpera�
r
F-31, S A F ECO- POWER
OF ATTORNEY
FIRST NATIONAL SURETY
PO BOX 34526
SEATTLE, WA 98124-1526
KNOW ALL BY THESE PRESENTS:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO BOX 34526
SEATTLE, WA 98124-1526
No. 13003
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
E. VEGA; Brea,
its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 20th
day of
CHRISTINE MEAD, SECRETARY ICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA.
1 200' ,
"Article V, Section 13. - FIDELITY AND SURETY BONDS,... the President, any Vice President, the Secretary, and any Assistant Vice President. appoinWd 'or that
purpose by*the officer in charge of surety operations, shall each he . ve authority to appoint individuals as I attomeys-in-fact or under other appropriate ttes with
authority to execute on behalf of the company fidelity and surety bonds and other.documents of similar character Issued- by the company in the course -of its
business... On any instrument making or evidencing such appointment, the* signatures may be affixed by facsimile. On any instrument conferring such authority or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, t4wever,
that the seal shall not be necessary to the validity of any such instrument or undertaking.'
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
SEAL
1928 -
&
1, <0P �Alo"M
4P
this 6t-h - day of _.T.1y 2004
CHRISTINE MEAD, SECRETARY
S-1049/FNEF 7/98
0 A registered trademark of SAFECO Cceporatior
05,2C'2:03 PDF
CALiFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 6, 2004 before me, Lisa M. Moss, Notary Public
Name and Title of officer (e.g., "Jane Doe, Notary Public")
personally appeared Philip E. Vega
Name(s) of Signer(s)
Z personally known to me -OR- El proved to me on the basis of satisfactory evidence to be the person(s) whose
USA M. Moss
t Commission # 1275971
L9%t Notary Public - California
I
Los Angeles Cc
My Com , unty
M. xplres
COMM. Expires Sep 3, 2004;
E
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.
of Notary
---------------- ------------- — ------ 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)
Signers Name:
F1 Individual
El Corporate Officer
El Titles(s):
[] Partner - [] Limited E] General
El Attorney -in -Fact
El Trustee
n Guardian or Conservator
El Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of Thumb her 7
Number of Pages:
Signer's Name:
El
Individual
El
Corporate Officer
El
Tifle(s):
El
Partner - El Limited
[I
Attorney -in -Fact
0
Trustee
El
Guardian or Conservator
El
Other:
Signer Is Representing:
General
RIGHT THUMBPRINT
OF SIGNER
Top of Thumb here
BD-1 133 09/00
Company Profile
Pagel of2
Company Prorile
AS
DepaArneft
Insuranck"e'
FIRST NATIONAL INSURANCE COMPANY
OF AMERICA
REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA
SEATTLE, WA 98185
800-332-3226
Agent for Service of Process
DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #:
24724
NAIC Group #:
0163
California Company ID #:
0978-7
Date authorized in California:
January 03, 1929
License Status:
UNLMTED-NORMAL
Company Type:
Property & Casualty
State of Domicile:
WASHINGTON
Lines of Insurance Authorizedto Transact
The company is authorized to transact business within these lines of insurance. For an
explanation of any of these terms, please refer to the gloss
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
FIRE
na arvulTNIC111ni f-f% r%rnf/1f*% ne% T%rnf 110 "A+ - -4:9- '71)41')AAA
Company Profile
Page 2 of 2
191 XV-1 t a W4
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Disclaimer
httn-//rrfin.-,vjww iinqurnnrp nn anu/nlc/uni rn nrnf/;Ah d-n T%lrf%f iifl ��+ — '71'),<1')AAA
CITY OF HUNTINGTON BEACH RLS No.
REQUEST FOR LEGAL SERVICES Assn To
Gail Hutton, City Attorney Date
Date:
Request made by:
Telephone:
Department:
7/19/04
Robert A- Martinez
x-5423
Public Works
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
F� Ordinance El Opinion F� Stop Notice
F� Resolution F� Lease 0 Bond
F� Meeting El Contract/Agreement Q Deed
F� Court Appearance FI insurance F1 Other:
Is Request for Preparation of Contract form attached? El Yes [Z No
Are exhibits attached? Yes No
Unless otherwise specified herein, I
If not for Council action, consent o he disclosure of the
If for City Council action, desired completion date: infor a' onta* ed In this RLS to all
m#
rn Dm
e the ouncil.
Agenda Deadline
Council Meeting 7/23/04 �i�naturo f Department Head
F- COMMENTS
Please review and approve "As To Form" the attached One Year Maintenance
Bond and attached documents from J. A. Salazar Construction, Inc. for the 12"
Green Acres Water Line Project, CC# 1192.
R E C E I V E D
Attached are the following:
JUL 2 0 2004
1. Maintenance Bond, #6232428, One set
t 01 rl"091011 meacr,
2. Certificate of Fact (Company Profile), One Sheet 9ftyAttomeys office
Routing:
0 GCH
0 PDA
11 LB
0 SL
0 JF
0 ADL
1 0 SF
1 0 JM
0
This Request for Legal Services has been assigned to attorney
extension His/her secretary is extension
Notes:
File Name:
Date Completed:
WP No.:
= Shaded areas for City Attorney's Office use only.
MI 0 C.- kA- --� -
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
newspa er of general circulation, printed
and pXished in the City of Huntington
Beach, County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
December 25, 2003
January 1, 2004
January 8, 2004
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on January 8 �004
at Costa Mesa, California.
Sig —nature
SKTNA
NOTICEMN
shall be beneficial owner
of the surety and shall
SEALED MIDS
receive any interest
for 16 1240 OEM
thereon.
The AGENCY hereby
ACRES RECLM1D;rArER_'
affi, mative" ensure
EXTINM PW
us
that,r minority b mbs:
enterprises will be
kom GMWEST STREET,
afforded full opportunity
wAwAvnETo
to submit bids in re-
1AWY PARI(
sponse to this notice
and will not be dis-
CASH COMCT k 1192
criminated against on
the basis of race, color,
In tk CITY OF
national origin, ancestry,
HuNwioN wo
sex, or religion in any
PUBLIC NOTICE IS
consideration leading to
the award of contract.
HEREBY GIVEN that the
No bid shall be con -
CITY OF HUNTINGTON,
sidered unless it is
BEACH, as AGENCY,
prepared on the ap-
invites sealed bids for
proved Proposal forms
the above stated
in conformance with the
projects and will receile�
instructions to Bidders.
such bids in the office
The bid must be
of the City Clerk, Second
ikcompanied by a cer-)
Floor, 2000 Main Stree�,
tified check, cashier's
Huntington Beach, Cali-
cheek or bidder's bond
fornia 92648, up to the
made' payable to the
hour of 2:00 PM On
AGENCY for an amount
January 13, 2004. Bids
no less than 10% of the
will be publicly open in.
amount bid. The suc-
the Council Chambers
ces ful bidder shall be
unless otherwise ad.
post
licessed in accordance
Copies of the Plans,
with provisions of the
Specifications, and
Business and Profes-
contract documents are
sions Code and shall
available from the Office
possess a State Con -
of the Director of Public
tractor's License Class
Works, 2000 Main
at the time of the bid
Street, Huntington
opening. The successful
Beach, CA 92648, upon
Contractor and his
payment of a $30.00
subcontractors will be
nonrefundable fee if'
required tc, possess
picked up, or payment
business licenses from
of a $40.00 nonrefund-
the AGENCY.
able fee if mailed via
Project D,�:scription:
U - S. Postal Service,
Tire work generally
FedEx, UPS or any other
includes the construe -
delivery service.
Any contract entered' I
tion of approximately
610 lineal feet of 12-inch
into pursuant to this
and 100 lineal feet of
notice will incorporate
16-inch PVC buried pipe
the provisions of the
together with 75 lineal
State Labor Code. Pur-
feet of 12-inch welded
s u ant to the provisions
steel pipe installed
of the Labor Code of the
above ground for a
State of California, the
County flood control
minimum prevailing rate
channel crossing. The
of per diem,wages for
engineer's preliminary
each craft, classification
estimate is $200,000 and
or type of workman
the project schedule is
needed to execute the
60 working days.
contract shall be those
The AGENCY reserves
determined 'by the
the right to reject any
�Director of Industrial
or all bids, to waive any
Relations of the State of
irregularity and to, take
California, which are on
all bids under advise -
file at.the Office of the
ment for a maximum
Director of Public Works,
period of 60 days.
2000 Main Street, Hun-
BY ORDER of the CITY
tington Beach, CA 92648.
COUNCIL of the CITY OF
The AGENCY will de-
HUNTINGTON BEACH,
duct a 10% retention
CALIFORNIA,
f rom all progress Pay-
this first day of De-
ments. The Contractor
cember, 200.
may substitute an es-
A"Ost.
crow holder surety. of
Ciiiinalls, Oro
equal value to the
city CLEOK
retention in accordance
CITY OF
with the provisions 'Of
HUNTINGTON BEACH
the California Govern-
Published Huntington
ment Code, Section
Beach Independent De-
4590. The Contractor
camber 25, 2003, Janu-
ary 1, 8, 2004 124-989
.51
RECEIVED BY: CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
(Name) after signing/dating
(Date)
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Sh n Freidenrich, City Treasurer
FROM:
4/ DATE:
SUBJECT: Bond Acceptance
1 have received the bonds for
(Company Name)
Faithful Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
26,9,-J�3
Re: Tract No.
6 C� 3 C -,?-, 4 d� r/
CC No.
MSC No.
Approved -7 IL9
(Council Approval Ate)—
Agenda Item No.
City Clerk Vault No.
M-01903idp,
#27 g:/followup/bondletterAor-
CC -//0 1.,
S A F E C 0*
FIRST NATIONAL SURETY
Bond 6232428
CONTRACT BOND - CALIFORNIA
PAYMENT BOND
KNOW ALL BY THESE PRESENTS, That we, J.A. Salazar Construction & Supply Corp.
SAFECO Insurance Company
PO Box 34526
Seattle. WA 98124-1526
and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the
State of Washingto 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,
inthesurnof One Hundred Seventy Three Thousand and 00/100 ------------------------------------------
------------------------------------------------------- Dollars ($ 173,000.00
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.
THE CONDITION OF THE OREGOING OB=IS SUCH, That WHEREAS, the above -bounden Principal has entered into
a contract, dated day of with the Obligee to do and perform the following
work, to -wit:
NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors 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 under the Contract, 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/her subcontractors 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 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 19th day of February � 2004
No premium is charged for this bond. It is executed in
connection with a bond for the performance of the
contract.
APPROVED AS TO FORM:
- 3191
S-08,.--IFNEF 10/99 1P J E kI FE R Mfic846rH, C ity Atotoymey
FIRST NATIQKAil INSVAANCVCOMPANY OF AMERICA
By
Attorney -in -Fact
ODA registered trademark of SAFECO Corporation
FRP
,S A F ECCo POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA
OFATTORNEY PO BOX 34526
FIRST NATIONAL SURETY SEATTLE, WA 98124-1526
PO BOX 34526
SEATTLE, WA 98124-1526 No. 13003
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
E. VEGA; Brea,
its true and lawful attorney(syin-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duty executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and aftested these presents
this 20th
day of May 1 2003
4 t-e_ . c4e._'
CHRISTINE MEAD, SECRETARY ICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURA146E COMPANY OF AMERICA.
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice Pres'tdent appointed for that
purpose by ther officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointmen i t, the signatures may be affixed by facsimile. On any instrument conferring such authority or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V, Section 13 of the By -Laws, and
(It) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(!it) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effecL
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this _20th — dayof —February— . 2004
CHRISTINE MEAD, SECRETARY
S-1049/FNEF 7/98 0 A registered trademark of SAFECO Corporation
05/20/2003 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On -February 19, 2004 before me, Lisa M. Moss, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Publie')
personally appeared Philip E. Vega
Name(s) of Signer(s)
personally known to me -OR- F1 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
= M. MOSS- signature(s) on the instrument the person(s), or the entity upon
ommisslon # 1275971 behalf of which the person(s) acted, executed the instrument.
Notary Public - California I
Los Angeles county WITNESS my hanVnd official seal.
@,MY Comm. Expires Sep 3,20041
j — . �4 A A JAA
Signature of Notary
---------------------------------- - ---- 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:
E] Individual
[] Corporate Officer
E] Titles(s):
M Partner - 0 Limited General
E] Attomey-in-Fact
M Trustee
Guardian or Conservator
Other
Signer Is Representing:
Number of Pages:
Signer's Name:
El Individual
M Corporate Officer
El Title(s):
0 Partner - 0 Limited El
El Aftomey-in-Fact
Trustee
Guardian or Conservator
El Other:
Signer Is Representing:
General
BD-1 133 09/00
-S A F E C 0-
CONSTRUCTION PERFORMANCE BOND
KNOW ALL BY THESE PRESENTS, That we, J.A. Salazar Construction & Supply Corp.
SAFECO Insurance Company
PO Box 34526
Seattle, WA 98124-1526
Bond 6232428
(called Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA , of Seattle I
Washington , a corporation duly organized under the laws of the State of Washington, as Surety, herein called
Surety, are held and firmly bound unto The City of Huntington Beach
(called Obligee) in the sum of One Hundred Seventy Three Thousand and 00/100 -------- — ---------------------
-------------------------------------------------------------- Dollars (s 173,000.00
for the payment whereof Principal and Surety bind themselves, their legal representatives, successors and assigns jointly and severally,
firmly by these presents.
WHEREAS, Principal has entered into a written Contract dated
with Obligee for 12-inch Green Acres Reclaimed Waterline Extension
a copy of which contract is hereto annexed and made a part hereof as fully as if set forth herein:
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Principal shall faithfully perform such Contract
and pay all persons who have furnished labor or material for use in or about the improvement and shall indemnify and save harmless
Obligee from all cost and damage by reason of Principal's default or failure so to do, then this obligation shall be null and void; otherwise
it shall remain in MI force and effect. Surety hereby waives notice of any alteration, extension or forebearance as to any of the terms of
the Contract other than the terms of payment thereunder, made or extended by Obligee or Principal.
IN EVENT PRINCIPAL is in default under the Contract as defined therein, Surety will either (a) within fifteen (15) days of
determination of such default take over and assume completion of said Contract and become entitled to payment of the balance of the
Contract price, or (b) pay Obligee in cash the reasonable cost of completion, less the balance of the Contract price including retained
percentage. The cost of completion shall be fixed by taking bids from at least three responsible contractors chosen by Obligee and
Surety. Surety will make such payment within fifteen (15) days after the cost of completion shall have been so determined.
OBLIGEE SHALL cooperate with and assist Surety in prosecuting its rights and claims, if any, against Principal'and others, by
supplying testimony, books, records and documentary evidence in Obligee's possession.
NO RIGHT OF ACTION shall accrue upon or by reason hereof to,,or for the use or benefit of, anyone other than the Obligee herein
named.
Signed and sealed this
1 9th
day of February 2004
APPROVED,4S TO FORM
— IWA.,-- *101
fI ! S1114FER McGRATH, City Atton.
J.A. Salazar Construction & Supply Corp. \- �� �
-,� 'V�rincipal
FIRST NADC16A-� INSURANCE COMPANY OF AMERICA
By
Attomey-in-Fact
S-112071FNEF 10199
6 A registered trademark of SAFECO Corporatior
FRF
P31S A F E CC.* POWER
OF ATTORNEY
FIRST NATIONAL SURETY
PO BOX 34526
SEATTLE, WA 98124-1526
KNOW ALL BY THESE PRESENTS:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO BOX 34526
SEATTLE, WA 98124-1526
No. 13003
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
E. VEGA; Brea,
its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents ofa
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE.COMPANY OF AMERICA thereby as fully as
if such instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 20th day of May 2003
CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA-
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... 1he President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall ' each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by thecompany in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking.'
Extractfrom a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
*On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V, Section 13 of the By -Laws, and
(Ii) A copy of the power-of-attomey appointment executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointmentis in full force and effect.
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a
Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this — 20th — dayof —February 2004..
S A
9 !18L,
was
IN%- 1P CHRISTINE MEAD, SECRETARY
S-1049/FNEF 7/98 0 A registered trademark of SAFECO Corporation
05/20/2003 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On -February 19, 2004 before me, Lisa M. Moss, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public!j
personally appeared Philip E. Vega I Name(s) of Signer(s)
personally known to me -OR- [:1 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
USA M. Moss
COMM Ion # 1274.071 behalf of which the person(s) acted, executed the instrument.
Notory Public - California
Los Angeles CountV
MY Comm. ExPIF011 Sep 3.20041
WITNESS my hand and official seal.
J .' I
Signature of Notary
--------------- — ----- ----- 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:
0 Individual
El Corporate Officer
F-1 Titles(s):
El Partner - F] Limited F1 General
[3 Attorney -in -Fact
El Trustee
El - Guardian or Conservator
M Other:
Signer Is Representing:
Top
Number of Pages:
Signers Name:
Individual
Corporate Officer
Ej Title(s):
Partner - E] Limited E]
Attorney -in -Fact
Ej Trustee
El Guardian or Conservator
F Other:
Signer Is Representing:
General
Of
BD-1 133 09/00
Company Profile
Page I of 2
Company Profile
AM
Insuranc"e'
FIRST NATIONAL INSURANCE COMPANY
OF AMERICA
REGULATORY COMPLIANCE DEPT T-7 SAFECO PLAZA
SEATTLE, WA 98185
800-332-3226
Agent for Service of Process
DAWN JEWORSKI, 120 VANTIS SUITE 130 ALISO VIEJO, CA 92656
Unable to Locate the Agent for Service of Process?
Reference Information
NAIC #: 24724
NAIC Group #: 0163
California Company ID #: 0978-7
Date authorized in California: January 03, 1929
License Status: UNLIMITED -NORMAL
Company Type: Property & Casualty
State of Domicile: WASHINGTON
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an
explanation of any of these terms, please refer to the glossgry.
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
CREDIT
FIRE
hUD://cdinswww.insurance.ca.2ov/Dis/wu co Drof/idb co t)rof utl.2et co nrof?n E--- 1/9/2004
I
Company Profile Page 2 of 2
LIABILITY
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS'COMPENSATION
Company Complaint Information
*I A Com-pany Enforcement Action Documents
Company Perforynance & Comparison Data
Composite Complaint Studies
Want More?
Help Me Find a Comp@ny Eepresentative in My Are
Financial Rating Or2anizations
Last Revised - February 18, 2004 03:13 PM
Copyright 0 California Department of Insurance
Disclaimer
inn vrnv/n1.q/wu co nroffidb co nrof utl.eet co vrof?v E... 3/9/2004
1 0
J4 CITY OF HUNTINGTON BEACH
2000 MAIN STREET GALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
March 23, 2004 CITY CLERK
J. A. Salazar Construction
14937 Rayfield Drive
La Mirada, CA 90638
Re: 12 Inch Green Acres Reclaimed Waterline Extension — CC-1 192
The City Council awarded the bid to your company for the above referenced project.
Enclosed is a copy of the executed contract with the City of Huntington Beach. A
Declaration of Satisfaction of Claims and a Certificate of Compliance form must be
returned to this office after the pro*ect is completed but prior to the release of retention
funds.
In addition, the following item must also be on file, with this office before the City can
release any retention funds:
A warranty bond guaranteeing the final amount of work and materials
for one year. If your performance bond does not include specific
wording for a one-year warranty, then a rider or separate bond must
be submitted.
Should you have any questions or concerns regarding the enclosures or items that must
be on file in this office prior to release of retention funds, please call the Public Works
Department at 536-5432.
Sincerely,
Connie Brockway, MMI
City Clerk
CB:pe
cc: Robert F. Beardsley, Public Works Director
Enclosures: Copy of Contract including Proposal
Copies of insurance/bonds
Declaration of Satisfaction
Certificate of Compliance
Bid Bond (original)
g:followup\cashcont\cashcon4etter.doc
LJTeiephone: 714-536-5227)
V amil,
a
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPAITNT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: Mli-,oq—ew el
TO: N.-T- A 00AMAJ,"--d-70A) ATTENTION: ,�ESE
Name
DkPJARTMEENT:
"A 0,+ IDOL REGARDING:
City, State, Zip
See Attached Action Agenda Item 2L Date of Approval /0
Enclosed For Your Records Is An Executed Copy Of 'Me Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Aftachments: Action Agenda Page Agreement
P-'�Bonds V" Insurance '
k--'
RCA
Deed
Other
CC:
Ire Department
RCA Av--,at
Insurance
Other
Name Departrr=t
RCA Agmmeut
Insurance
Other
Name Department
RCA Agmvzwnt
Eiu—rance
Other
Name B;a-r—trr=t
RCA Agreement
humance
Other
gAollowup/letters/coveritrAoc (Telephone: 714-536-5227)
DECLARATION OF SATISFACTION OF CLAIMS
state.
(Name of Contractor)
1. 1 am the general coniractor for the City of Huntington Beach, as to the project more
fully described in the �ublic works contract entitled:
and dated
2. All workers and persons employed, all firms supplying materials, and all
subcontractors for the above -mentioned project have been paid in full.
3. The following are either disputed claims, or items in connection with Notices to
Withhold, which have been filed under the provisions of the statutes of the State of
California: (if none, state "NONE")
I declare under penalty of pedury that the foregoing is true and correct.
Executed at on this day of
(Location)
g:followup\cashcont\cashoon2.doc
procedure #15
(Signature of Contractor)
,20—
APPROVEDAISZ TO FORM
;RVNTFER McGRATH, QtyAft0,W
S
anh sutton
*Puty City Aftomey
City of Huntington Beacli
Department of Public Works
2000 Main Street[P.O. Box 190
Huntington Beach, CA 92648
Subject: Certification of Compliance with Title VII of the Civil Rights
Act and Equal Employment Opportunity Act of 1972
Gentlemen:
The undersigned, contractor on:
Project No. Titfe
hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and
guards employed by him or by any subcontractor performing work under the contract on
the project have been paid wages at rates not less than those required by the contract
provisions, and that the work performed by each such laborer, mechanic, apprentice or
trainee conformed to the classifications set forth in the contract or training program
provisions applicable to the wage rate paid.
(Signature and ritle)
APPROVED AS TO FORM
;JETIFER McCOIRATFIL City AftonW
S" Sutton
P ;�
C�on
0."
.Y
P-tYQtyAtwt.ney 12-lylo
gJoIIowup\cashconhcwhcon1.doc
procedure #14
S A F ECO'
FIRST NATIONAL SURETY
BID BOND
KNOW ALL BY THESE PRESENTS, That we, J.A. Salazar Construction Co.
SAFECO Insurance Company
PO Box 34526
Seattle, WA 98124-1526
of (hereinafter called the Principal),
as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA
(hereinafter called the Surety), as Surety are held and firmly bound unto City of Hunington Beach
(hereinafter called the Obligee) in the penal sum of 10%ofBidAmount ---------------------------------------
------------------------------------------------------------- Dollars($ 10%ofBidAmount
for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal
to the Obligee on a contract for Construction of Appox 6 10 LF.of 12 inch and 100 L F of 16 inch PVC pipe with 75 LF. of 12
inch welded steel pipe -for County Flood Control Channel Crossing
NOW, THEREFORE, If the said Contract be timely awarded to the Principai and the Principal shall, within such time as may be
specified, enter into the Contract in writing, and give bond, if bond is required, -with surety acceptable to the Obligee for the faithful
performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect.
Signed and sealed this 7th day of January )2004
J.A.
Witness
Witness
Co. (S e a 1)
Principal
INSURANCE COMFANY OF
Attorney -in -Fact
S-00531FNEF 10199 0 A registered trademark of SAFECO Corpor
S A F E C 0" POWER
OF ATTORNEY
FIRST NATIONAL SURETY
PO BOX 34526
SEATTLE, WA 98124-1526
KNOW ALL BY THESE PRESENTS:
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
PO BOX 34526
SEATTLE, WA 98124-1526
No. 13003
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
E. VEGA; Brea,
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a
similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as
if such instruments had been duly executed by its regularly elected officers at its home office.
IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 20th
day of
CHRISTINE MEAD, SECRETARY ICK, PRESIDENT
CERTIFICATE
Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
1 2003
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as aftomeys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelityand surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or
on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,
that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the Sy-Lavva and of a
Resolution of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto, are true and correct. and that both the By -Laws, the
Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
SEAL
.1928.
this 7th
dayof January . 2003
CHRISTINE MEAD, SECRETARY
S-1049/FNEF 7198
0 A registered trademark of SAFECO Corporation
05/20/2003 PDF
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On January 7, 2004 before me, Lisa M. Moss, Notary Public
Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared Philip E. Vega
Name(s) of Signer(s)
0 personally known to me -OR- E] proved to
� t __
Ll M. MOSS
OCommission # 1275971
Notary Publlc - CX00mlG
Los Angeles County
lMy Comm. Expkes Sep 3,20041
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.
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) Claim Vdbyt!ner(s)
Signer's Name:
El Individual
ZF-Corporate OM
El Titles(s):
El Partner - R Limited E] General
El Attomey-in-Fact
E] Trustee
El Guardian or Conservator
Other:
-gn esent!
Number of Pages:
Signer's Name:
0
Individual
[I
Corporate Officer
El
Title(s):
El
Partner - [] Limited
El
Attorney -in -Fact
El
Trustee
0
Guardian or Conservator
0
Other:
Signer Is Representing:
General
RIGHT THUMBPRINT
OF SIGNER
Top of Thumb here
BD-1 133 09100
— . I � ... -11 . - -1
CERTIFICW
OF LIABILITY INSUROCE
DATE (M DD/YYYY)
02/23/2004
PRODUCER (714)28S-4800 FAX-"1j)28S-4810
IP Insurance Services
2107 N. Broadway, Suite 108
Santa Ana,, CA 92706 C1 7-1
0'
6col
THIS CERTIFICATM ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
_14t44,7
V
INSURERS AFFORDING COVERAGE
NAIC #
INSURED I A Salazar Construction Ca'f
DBA: lose Salazar
14917 Rayfield Drive
Cod y -TV
1�1�wlwvin T
INSURERA: Gemini
INSURERB: Mercury Casualty Co.
INSURER C:
La Mirada, CA 90638 '52, 52
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
DD'L
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
DATE (IAMIDDO
10/16/2004
LIMITS
GENERAL LIABILITY
VCP007473
10/16/2003
EACH OCCURRENCE
$ 1,000,000
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PRFMI
$ 100,000
CLAIMS MADE ry OCCUR
rp
MED EXP (Any one person)
$ 5,000
A
X
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 29000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
F-1POLICY`F--j JERC0j F-1 LOC
AUTOMOBILE LIABILITY
ANY AUTO
AC11050904
02/08/2004
02/08/2005
COMBINED SINGLE LIMIT
(Ea accident)
$
1,000,000
B
ALL OWNED AUTOS
X SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per person)
$
0
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
HANY AUTO
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
EXCESSIUMBRELLA LIABILITY
OCCUR CLAIMS MADE
EACH OCCURRENCE
$ 0
AGGREGATE
$ 0
$ 0
DEDUCTIBLE
$
RETENTION $
$
WORKERS COMPENSATION AND
WCS U- I JOTH�
TORYIf ITS I I FR
EMPLOYERS'LIABILITY
E.L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
If yes, describe under
E.L. DISEASE - EA EMPLOYEE
$
E.L- DISEASE - POLICY LIMIT
$
SPECIAL PROVISIONS below
I
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
*Except 10 days for non payment of prem, UM
Certificate holder is Named ADDITIONAL INSURED APPROVED A$.TO FORM:
0�
jPj)N1WFER WGRATH, City Attomey
City of Huntington Beach
Department of Public Works
2000 Main Street
Huntington Beach, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL *)OtXOOM MAIL
*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
KL)WXXKNOUUWAXUI(K)(&YXtN)&XK4M)(X(X)iKLXMtUXXXMXXAXXX
AUTHORIZED REPRESENTATIVE
Nami Sadicihi L-h-A
ACORD 25 (2001108)
CORPORATION 1988
POLICY NUMBER: VCP007473 COMMERCIALGENERAL LIABILITY
INSURANCE COMPANY: Gemini
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM 13)
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, Employees and Officers
Subject: 12-inch Green Acres Reclaimed Waterline Extension: CC 1192 Construction
Contract.
(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 11) 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
ongoing operations performed for that insured.
CG20101093 Copyright, Insurance Services Office, Inc., 1992
Page 1 of 1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
sMarr 11 04 08:02a Jose Salazar 714 521 8521 p-2
POLICY14OLDER COPY
STATIE P.O. eoxa=7. sAN FIRANcIScO. cA 94142-m7
Compa"SATION
INS U It A r4 CS
FUNOCERTIFICATE OF WORKERS'COMPENSATiON INSURANCE
ISSUE DATE. 02-19-2004
CITY OF HUNTINGTON BEACH
A7TK; DEPARTMENT OF PUBLIC WlOIW
2000 KA.TN STREET
HUNTINGTON BEACH CA 92648
GROUP,
POLICY NUMBER: 1643S75-2003
CEWIFICATE ID. 53
CERTIFICATE EXPIRES: 08-01,2004
08-01-2003108-01-2604
JOB. WATWt LINZ EXTMISIOV
CC1192
This is to omlify that we have issued a valid Warkees Compensation Insurance policy in a form approved by Me Calkata
Insurance Cer6missioner to the employer named below for the poky period kKficated.
This policy Is not subjed to cancellation by the Fund except upon 30 days advance written notice to #m emplover.
We Will also give you 30 days advance notice should this policy be cancelled pnor to Its normal eviratim.
This cedificaW d insurance Is not an insmnce policy and does not amend, exWW or after the coverage afforded by the
potWes listed herein. Notwithstanding any requirernent, term or condition of any contract or other document with
respect to which this cartificate of Insurance 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.
e AV
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - JOSE SALAZAR, PRES - EXCLUDED.
ENDORSEMENT #1600 - CYNTHIA SALAZAR, SEC, TRES - EXCLUDED.
ENDORSIMW #2065 ENTITUM CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2002 IS
F()RM9-A'VMT-0F'114-f—S Pbtity.- - -,-- ---- - ---, --- -
APP
I A
J A SALAZAR CONSTRUCTION A19D SUPPLY SALAAR, CYNTHIA
14937 RAYFrELD DR
LA MIRADA CA 90638
State of California
Bill Jones
Secretary of State
STATEMENT BY DOMESTIC STOCK CORPORATION
n�nation-tectlqw-,�,.,-,
Form
CORPORATE NUMBER:
2382349
CORPORATE NAME:
J.A. SALAZAR CONSTRUCTION AND SUPPLY CORPORATION
This Spare For Filing Use Only
2. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY AND STATE ZIP CODE
14937 RAYFIELD DRIVE LA MIRADA, CA. 90638
3. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY ZIP CODE
14937 RAYFIELD DRIVE LA MIRADA CA 90638
4. MAILING ADDRESS CITY AND STATE ZIP CODE
14937 RAYFIELD DRIVE LA MIRADA, CA. 90638
(The corporation,_ ofter may,
LIST THE,�,NAMES-AND�COMPL�TE�ADORESSEi�§�b�-",,,tH 6' FidE'RS:' �m�it-6�-ih6�iithree,wlcers, An
hold m off be ed but-66 not, or
ay
or orle-1, -after, obliteraie-the i
T*ap0rqpfiptatit"h�oIficer,rn d
CHIEF EXECUTIVE OFFICER/ ADDRESS CITY AND STATE ZIP CODE
JOSE SALAZAR 14937 RAYFIELD DRIVE LA MIRADA, CA. 90638
6. SECRETARY/ ADDRESS CITY AND STATE ZIP CODE
JOSE SALAZAR 14937 RAYFIELD DRIVE LA MIRADA, CA. 90638
7. CHIEF FINANCIAL OFFICER/ ADDRESS CITY AND STATE ZIP CODE
JOSE SALAZAR 14937 RAYFIELD DRIVE LA MIRADA, CA. 90638
,LIST,THE NAMES-",AND,,COMPLETE'AbbkESSEq oF.`kLL"DIi�t6fORS, INCL'LIb'IN"G`bIRE'C'T0RS "WHO AREALSO1,
OFFI , CERS.",-'
-(The more irectors).,','
8. NAME ADDRESS CITY AND STATE ZIP CODE
JOSE SALAZAR 14937 RAYFIELD DRIVE LA MIRADA, CA—ASS3
9. NAME ADDRESS CITY AND STAT ZIP CODE
10. NAME ADDRESS CITY ANWE ZIP CODE
11. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY: 0
12. CHECK THE APPROPRIATE PROMSION BELOW AND NAME THE AGENT FOR SERVICE OF PROCES&
FXJ AN INDIVIDUAL RESIDING IN CALIFORNIA.
F� A CORPORATION WHICH HAS FILED A CERTIFICATE PURSUANT TO SECTION 1505 OF THE CALIFORNIA CORPORATIONS CODE,
AGENT'S NAME: MICHAEL F. DELUCA, CPA
13. ADDRESS OF THE AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDAADUAL. CITY ZIP CODE
23001 E. LA PALMA AVENUE SUITE 220A YORBA LINDA CA 92887
14. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION
CONSTRUCTION COMPANY
15. 1 DECLARE THAT I HAVE EXAMINED THIS STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS TRUE, CORRECT AND COMPLETE.
MICHAEL F. DELUCA AGENT
TYPE OR PRINT NAME OF SIGNING OFFICER OR AGENT ORIGINAL SIGNATURE TITLE DATE
SO-200 C (REV. 11/99) STF Form - Approved by Secretary =ofSta=te
STF CA31725F. 1
F/
CITY OF k.JNTINGTON BEACH
REQUEST FOR LEGAL SERVICES
Jennifer McGrath, City Attorney
RLS No.
Assn To
Date
Date:
Request made by:
Telephone:
Department:
March 2, 2004
Eric R. Charlonne
x-5430
Public Works
INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state
facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
TYPE OF LEGAL SERVICES REQUESTED:
F� Ordinance/Resolution L_j Opinion
Contract/Agreement
(Allow 5-20 working days)* (Allow 20 working days)*
(Allow 15-20 working days)*
F-1 General Legal
F� Document Review
Assistance (ongoing)
(Allow 2-10 working days)*
All deadlines are based on the date the City Attorney's Office receives the RLS.
R 1E C; E I V E D
and approved.
This r72s,
/reviewed
f
MAR 0 9 2004
nature of Dill'artment Head
City ot Huntington Beach
City Attorney's Office
COMMENTS
Please identify all attachments to this RLS.
Please review and approve "As To Form" the attached Public Works Contract and attached documents from J. A. Salazar
Construction & Supply Corporation for the 12-inch Green Acres Reclaim Water Line Extension, CC#1 192.
Attached:
1. Original City Contract for approval
2. Payment Bond, #6232428
3 Performance Bond, #6232428
4. Articles of Incorporation
5. State of California, Statement Domestic Stock Corporation
6. ACORD Form, Certificate of Liability Insurance
Shaded areas for City Attorneys 0 frice use o I nly.
This request for Legal, Services,hdt b0oo:!assidned
9 to Att6m ey
extension 141s/het secretary is"!' �extension
Notes:
INew RLS form.doc
3/2/2004 12:50 PM
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
oxi 19-
FOR
THIS AGREEMENT ("Agreement") made and entered into this day of
20-0-�, by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
J--A, 5A a California
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to
as "PROJECT," more fully described as A 2,- IQ"
in the City of Huntington
Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK, ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this
Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost
and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other
items, services and facilities necessary to complete and construct the PROJECT in a good and
workmanlike manner.
CONTRACTOR agrees to fully assume the risk of all loss or damage arising
out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from
agree/forms/city const/4-03 I
the action of the elements, from any unforeseen difficulties which may arise or be
encountered in the prosecution of work, and for all other risks of any description in
connection with the work, including, but not limited to, all expenses incurred by or in
consequence of the suspension or discontinuance of work, except such as are herein expressly
stipulated to be borne by CITY, and for well and faithfully completing the work within the
stipulated time and in the manner shown and described in this Agreement, and in accordance
with the requirements of CITY for the compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as defined below
in this Section), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its thorough investigation of all
such matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement
by this reference, with the same force and effect as if the same were set forth at length herein,
and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract
Documents insofar as they relate in part or in any way, directly or indirectly, to the work
covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
agee/forms/city const/4-03 2
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public
Works of CITY and adopted by the City Council, and any revisions,
amendments or addenda thereto;
D. The current edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 10801 National
Boulevard, Los Angeles, CA 90064, and all amendments thereto,
written and promulgated by the Southern California chapter of the
American Public Works Association and the Southern California
District Associated General Contractors of the California Joint
Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special
Instructions to Bidders and the CONTRACTOR!s proposal, (which is
attached hereto as Exhibit "All and incorporated herein by this
reference);
F. The particular Plans, Specifications, Special Provisions and Addenda
applicable to the PROJECT. Anything mentioned in the Specifications
and not indicated in the Plans or indicated in the Plans and not
mentioned in the Specifications, shall be of like effect as if indicated
and mentioned in both. In case of a discrepancy between any Plans,
Specifications, Special provisions, or Addenda, the matter shall be
immediately submitted by CONTRACTOR to the Department of
Public Works of CITY (hereinafter referred to as "DPW"), and
agree/forms/city const/4-03 3
CONTRACTOR shall not attempt to resolve or adjust the discrepancy
without the decision of DPW, save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid
or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of the bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
00 -7 !> 06
I t.70!5 A'*9 6 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 the Notice To Proceed is issued and diligently prosecute the PROJECT to
W oie—V^,o�j 6
completion within 41&-:A-E� (&L2) consecutive OA,4.
I - from the day the
Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth
in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all
agree/forms/city const/4-03 4
other contractors, subcontractors, and CITY forces working on the PROJECT in a manner
that will facilitate the efficient completion of the PROJECT and in accordance with the terms
and provisions of this Agreement. CITY shall have complete control of the premises on
which the work is to be performed and shall have the right to decide the time and order in
which the various portions of the work shall be performed and the priority of the work of
other contractors, subcontractors and CITY forces and, in general, all matters concerning the
timely and orderly conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the prior written order or
acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that
have not been agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit immediately
to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to
such cost proposal, the work shall be performed according to the changes ordered in writing
by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
agree/forms/city const/4-03 5
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished
under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR
by CITY. CITY does not warrant that the work will be available on the date the Notice to
Proceed is issued. In the event of a delay in commencement of the work due to unavailability
of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension
equal to the delay due to such unavailability.
8. BONDS
Only bonds issued by California admitted sureties will be accepted.
CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two
(2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%)
of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and
one in the amount of one hundred percent of the contract price to guarantee payment of all
claims for labor and materials furnished.
In addition, CONTRACTOR shall submit to CITY a bond in the amount of
one hundred percent (100%) of the final contract price, including all change orders, to warrant
such performance for a period of one (1) year after CITY's acceptance thereof within ten (10)
days of filing of the Notice of Completion.
9. WARRANTIES
CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material
or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by
CITY of any defect in the work, shall have the option to make appropriate repairs or replace
agree/fonns/city const/4-03 6
the defective item or items. Upon expiration of such ten (10) day period, CITY may then
make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not an employee of CITY.
CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONTRACTOR and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the
services performed hereunder.
11. LIQUIDATED 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
00-
1) 0::5�,Q Dollars ($ 150o , ) per day for each and every
working day's delay in completing the work in excess of the number of working/calendar days
set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a
fair compensation for the foreseeable damages CITY would sustain in the event of and by
reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and
agree/fonns/city const/4-03 7
ftirther agrees that CITY may deduct the amount thereof from any monies due or that may
become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in the completion of the work due to unforeseeable
causes beyond the control and without the fault or negligence of CONTRACTOR, including,
but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine
restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless DPW shall grant a ftirther period of time), notify DPW in writing of the cause of
the delay and CITY shall extend the time for completing the work if, in its judgment, the
findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the
parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the
work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting
for materials required by this Agreement to be furnished by CITY, or by damage caused by
fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the
combined action of the workers, in no way caused by or resulting from default or collusion on
the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed
for the completion of the work shall be extended by the number of days CONTRACTOR has
thus been delayed, but no allowance or extension shall be made unless a claim therefor is
presented in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of
the cause thereof, and including without limitation the furnishing of materials by CITY or
agree/forms/city const/4-03 8
delays by other contractors or subcontractors, will be allowed and an extension of time for
completion shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
A. Notice: CONTRACTOR shall promptly, and before such conditions
are disturbed, notify DPW in writing of-
(1) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the
Contract Documents; or
(2) Unknown physical conditions at the job site, of an unusual
nature, differing materially from those ordinarily encountered
and generally recognized as inherent to work of the character to
be performed under this Agreement. DPW shall promptly
investigate the conditions and if it finds that such conditions do
materially so differ and cause an increase or decrease in the
time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such
conditions, an equitable adjustment shall be made and the
agreement modified in writing accordingly.
B. Time Extension: No claim of CONTRACTOR under this Section shall
be allowed unless CONTRACTOR has given the notice required
hereunder provided, however, the time prescribed therefor may be
extended by CITY.
agree/forms/city const/4-03 9
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment.
Payment to CONTRACTOR will be made only for the actual quantities of contract items used
in construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
Section. DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where
the actual quantities used in construction of the PROJECT are in variation to the quantities
listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price
or time for completion shall be allowed if asserted after final payment under this Agreement.
If the quantity variation is such as to cause an increase in the time necessary for completion,
DPW shall ascertain the facts and circumstances and make such adjustment for extending the
completion date as in its sole judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will
be deducted and retained by CITY and the remainder of the progress estimate, less the amount
of all previous payments since commencement of the work, will be paid to CONTRACTOR.
When 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
agree/forms/city const/4-03 10
the value of the work completed since the commencement of the PROJECT, as determined in
its sole discretion by DPW, less all previous payments and less all previous retained amounts.
CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof
unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the
filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the
manner required by law, each payment to be accompanied by a certificate signed by DPW,
affirming that the work for which payment is demanded has been performed in accordance
with the terms of the Agreement and that the amount stated in the certificate is due under the
terms of the Agreement. Partial payments on the contract price shall not be considered as a
acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and at the sole cost and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon, CITY shall permit the
substitution and deposit therewith of securities equivalent to the amount of any monies
withheld by CITY to ensure performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors working upon the PROJECT
have been paid in full and that there are no claims outstanding against the PROJECT for
either labor or material, except certain items, if any, to be set forth in CONTRACTOR's
affidavit covering disputed claims, or items in connection with Notices to Withhold, which
have been filed under the provisions of the statutes of the State of California.
agree/forms/city const/4-03 I I
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers
from and against any and all, claims, damages, losses, expenses, judgments, demands defense
costs, and consequential damage or liability of any kind or nature, however caused, including
those resulting from death or injury to CONTRACTOR's employees and damage to
CONTRACTOR's property, arising directly or indirectly out of the obligations or operations
herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or
omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, including but not limited
to concurrent active or passive negligence, except where caused by the active negligence, sole
negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at
its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel.
This indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by CONTRACTOR.
19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
INSURANCE
Pursuant to California Lahor Code Section 1861, CONTRACTOR
acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer
agree/forms/city const/4-03 12
to be insured against liability for workers' compensation; CONTRACTOR covenants that it
will comply with such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall obtain and furnish to City workers' compensation and
employer's liability insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation. under the terms
of the workers' compensation and employer's liability insurance and CONTRACTOR shall
similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation and employer's liability insurance
and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY,
CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability
insurance, including motor vehicle coverage covering the PROJECT. This policy shall
indemnify CONTRACTOR, its officers, employees and agents while acting within the scope
of their duties, against any and all claims arising out or in connection with the PROJECT, and
shall provide coverage in not less than the following amount: combined single limit bodily
injury and property damage, including products/completed operations liability and blanket
contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is
provided under a form which includes a designated general aggregate limit, the aggregate
limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy
shall name CITY, its officers, elected or appointed officials, employees, agents, and
volunteers as Additional Insureds, and shall specifically provide that any other insurance
agreedonns/city const/4-03 13
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 fumish to CITY certificates of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverages as required by this Agreement; the certificates
shall:
I . provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
3. promise to provide that such policies will not be canceled or modified without
thirty (30) days' prior written notice of CITY.
CONTRACTOR shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations
as set forth under this Agreement. CITY or its representative shall at all times have the right
to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay,
in a prompt and timely manner, the premiums on all insurance hereinabove required.
CONTRACTOR shall provide a separate copy of the additional insured
endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers,
agree/forms/city const/4-03 14
elected and appointed officials, employees, agents and volunteers as Additional Insureds, to
the City Attorney for approval prior to any payment hereunder.
22. NOTICE OF THIRD PARTY CLAIM
Pursuant to Public Contracts Code §9202, CITY shall provide notice to
CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction
which arises out of performance of this agreement within ten (10) days of receipt of such
claim or claims.
23. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR
notice in writing of its intention to terminate this Agreement. Unless the violation is cured
within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY
may, without prejudice to any other remedy it may have, terminate this Agreement upon the
expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to
terminate this Agreement; in such event CITY may make good the deficiency in which the
default consists and deduct the resulting costs from the progress payments then or to become
due to CONTRACTOR.
If it is subsequently determined by a court of competent jurisdiction that
CITY's termination of this Agreement under this Section was wrongful, such termination
shall be converted to a termination for convenience under Section 23 and any damages shall
be assessed as set forth in Section 23.
agree/forms/city const/4-03 15
24. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or
without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days
written notice to CONTRACTOR. In the event of termination, under this Section CITY shall
pay CONTRACTOR for value of work in place on the PROJECT through the termination
period plus seven and one-half percent (7 1/2%) for overhead and profit less all such payments
already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy
for termination by CITY for its convenience and CITY shall have not ftirther obligation to
CONTRACTOR.
25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon expiration or earlier termination of this Agreement, all original plans,
specifications, drawings, reports, calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property at no further cost.
26. NONASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
27. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the California
Government Code.
agree/forms/city const/4-03 16
28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any
similar legal document. This obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of
whether or not CITY is named in an action to enforce such stop notices. CITY may set off
any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
29. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONTRACTOR's agent (as designated in Section I
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below; provided that CITY and CONTRACTOR may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, reputable overnight carrier or U. S. certified
mail-retum receipt requested:
TO CITY:
City of Huntington Beach
ATTN: E�:�Q-k c, (' jA0,YZ,�,p 0 4),:F-
2000 Main Street
Huntington Beach, CA 92648
agree/forms/city const/4-03 17
TO CONTRACTOR:
e--
�A —A
t Ail 11�r7
C-I o
�2v
30. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of maters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision
of this Agreement.
3 1. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the
provisions of United States Code Section 1324a regarding employment verification.
32. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred
by CONTRACTOR.
33. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each party
agree/forms/city const/4-03 18
shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover
its attorney's fees from the non -prevailing party.
34. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
35. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws
of the State of California.
36. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
agree/forms/city const/4-03 19
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who has signed it.
37. CONSENT
Where CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be consent/approval to
any subsequent occurrence of the same or any other transaction or event.
38. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement shall so survive.
39. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
40. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact
or circumstance not expressly set forth in this Agreement. This Agreement, and the attached
Exhibit "A", contain the entire agreement between the parties respecting the subject matter
agreOforms/city const/4-03 20
of this Agreement, and supersede all prior understandings and agreements whether oral or in
writing between the parties respecting the subject matter hereof
IN WITNESS WHEREOF, the parties hereto have, caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
CPNTRA)PTPR
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By:_
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REVIEWED AND APPROVED:
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City'Kdministrator
WutfonrWcity const/443
21
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
Mayor
ATTEST:
APPROVED AS TO FORM-
J,*CC�ity Attorney
1 9
APPRO D:
Director of Public
SECTION C
PROPOSAL
for the
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
from
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
CASH CONTRACT No. 1192
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 60 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, Iristructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
If awarded the Contract, 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 & in the amount of $—tO ;��b 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-2
PROJECT BID SCHEDULE
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
Item
Size -
No.
Description
Quantity
Unit
Unit Cost
Total Cost
I
Mobilization
1
LS
5,
2.
Furnish and install 12-inch PVC pipeline in
Goldenwest Street with nitnile (NBR) gaskets, and
connection to the existing watermain north of
Warner Ave., including all valves, fittings, and
appurtenances, pavement sawcutting and
removal, excavation, backfill, surface repair, and
thrust restraint, as shown on these plans, complete
and in place.
610
LF
$ (Lo.
3.
Furnish and install 16-inch PVC pipeline in Well
No. 8 access road with nitrile (NBR) gaskets,
including all valves, fittings, and appurtenances,
pavement sawcutting and removal, excavation,
backfill, surface repair, and thrust restraint, as
shown on these plans, complete and in place.
100
LF
$ 'Yo
4.
Furnish and install 2-inch air and vacuum
assembly, including all valving, fittings, and
appurtenances, as shown on these plans, complete
and in place.
1
EA
$
$
5.
Fumish and install 4-inch temporary blowoff for
pressure testing, including all appurtenances, as
shown on these plans complete and in place.
2
EA
$
6.
Chlorination and testing of all new water mains
and appurtenances, complete and in place.
1
LS
$
7.
Traffic control throughout work area, including
preparation of traffic control plans.
I
LS
$ L, COO,
$ -2-ggvo.
S.
Demobilization and Cleanup
I
LS
$
$
C-is
PROJECT BID SCHEDULE
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
Item
Size -
No.
Description
Quantity
Unit
Unit Cost
Total Cost
9.
Pothole existing utilities as directed by and in the
presence of the City inspector, including
pavement repair and traffic control.
20
EA
$
10.
Coordination and obtain OCPFRD Encroachment
Permit including furnishing insurance as required
by OCPFRD and all permit fees
I
LS
$
$ 3
11.
Furnish and install 12-inch SCH 20 FBE lined
and coated steel watermain over East Garden
Grove Wintersburg Channel, including
installation of chain link fence and gate
75
LF
$ 00
$
12.
Furnish and install 8" blowoff assembly,
including all appurtenances, as shown on these
plans complete and in place
I
EA
$7
$ -7,
13.
Furnish and install 16" x 4" tee, 4-inch resilient
wedge gate valve and blind flange for future
irrigation connection
EA
$ 4MO'
$ Z000
Trench shoring and safety measures
1
LS
'Y
$ 4 W01
$ 17��'
TOTAL BID AMOUNT
TOTAL BID AMOUNT IN
Notes:
All extensions of unit prices will be subject to verification by Owner. In case of a
verification between the unit price and the extension, the unit price will govern.
The Owner reserves the right to reject any or all proposals and bid items.
C-2S
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name and Address of Subcontractor State License Class
of Work Number
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be famished copies of all subcontracts entered into and bonds
famished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of Califorriia
ss.
County of Orange
Avl� being first duly fwom, ;Qs and says that he or she is
lck�' � of "�-'[r nol �-b the party making the
foregoing bid that the bid is not made in the interest of, or 'On W, bel3alf 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.
Nard�c of Bidd-e'r
Signature 6r—
'�Aidder
Address 0
Subscribed and sworn to before me this 1-t- dayof 204-
NOTARY PUBLIC
C-4
NOTARYSEAL
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californi
County of ss.
On I(:), I 6!A before me, MeWte vue-l-kc, 0thwP,44/,?_
d Title of Officer (e.g., "JarA Doe, Notary Pfthc")
personally appeared t��C_7 �: &Alf�
"-4ime(s) of Iner(s)
Ll personally known to me
0 proved to me on the basis of satisfactory
evidence
MELARIE RMELTAS
Commission # 1352571 F
Z
Notary Public - California
Los Angeles County
My Comm. Expims Apr 21,
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.
Place Notary Seal Above Signature of Notary Public
I 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
Signer's Name:
[_1 Individual
Ll Corporate Officer— Title(s):
Ll Partner — [I Limited Ll General
El Attorney in Fact
L Trustee
El Guardian or Conservator
E Other:
Signer Is Representing:
Number of Pages:
FRIGHT THUMBPRINT
I OF SIGNER
T.p of 1hurnb lere
0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
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 12-Inch Green Acres Reclaimed Waterline Extension Project,
Goldenwest Street — Warner Avenue to Murdy Park.
(1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in
proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is
defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: 4 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 requiremen
Date: � �Ala J,�,
.5y L_2�
By
Title
C-5
. DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of pe�ury, 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?
Ll Yes P40
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Contractor
By
Date: t it C, �,
Title
C-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Contractor
a
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U.S.A.
during the course of the Work. Additionalforms may be obtainedftom the AGENCY
upon request.
C-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Name
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City, State zip
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Tht following are persons, firms, and c rporations having a principal interest in this proposal:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californi
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Date �Nanr'la nd Title of Officer (e.g., "JaneOT)oe, Notary Publib")
personally appeared A-S�i I
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64ersonally known to me
El proved to me on the basis of satisfactory
evidence
MELARIE REVUELTM
Commission # 1352571
Not2ry Public - California z
Los Angeles County
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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.
Place Notary Seal Above Signature of Notary Public
I 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
Signer's Name:
11 Individual
El Corporate Officer — Title(s):
El Partner — El Limited El General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
RIGHT THUMBPRINT
OF SIGNER
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0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotaryorg Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
The undersigned is prepared to satisfy the
financially or otherwise, Ao perform the
accordance with the DlanSt and nwificatio
Company
Si
cil of the City of Huntington Beach of its ability,
.ct for the proposed work and improvements in
for",N, L(
Printed or -Typed Signature
Subscribed and sworn to before me this _ day of 92003
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 p t two yews:
2.
Narno3and Address of Public 'Agency J v
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager: ,ty (7fc)IN2--3�
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Contract Amount Type of Work Date Completed
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Name aAd X)ddress of Public Agency
Name and Telephone No. of Project Manager:
Contract A�nount �%e of Work Date Completed
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ENDORSED - FILED
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OCT 16 2001
AUTTCMZS OF MCORPORMOR
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SALAZAR-COUS ION AM SUPPLY C%WJ?05W1OK
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The name of the -corporation is: j.A. smam
MW SUPPLY CORPORMICK
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The purpose of the corporation is to engage in'any lawful
act or activity for which a corporation may be organized under
the General corporation Law of California, other than the
banking business, the trust company business or the practice of
a profession permitted to be incorporated by the California
corporation Code.
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The corporation is authorized to issue only one class qf
shares of stock and the total number of shares which "this
corporation is authorized to issue is 100,000
FLO 1-11
The name and address in the state of California of this
corporation's initial agent for service of process is xic&4LA1 r
DeLuca, 23001 3. La Palma Ave., Suite 220A, Yorba Lind&OCA.
92887
MI'chael'F DeLuca, Incorporator
Date: October 15, 2001
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SECRETARY OF STATE
1, BILLJONES, Secretary of State ot the State of California,
hereby certify:
That the attached transcript of page(s) has
been compared with the record on file in this office, of
which it purports to be a copy, and that it is full, true
and correct.
IN WITNESS WHEREOF, I execute this
certificate and affix the Great Seal of
the State of California this day of
OCT 19 2001
VA
r/A
Secretary of State
SectState Form CE 107 (rev MB)
OSP 01 55358
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CITY OF HUNTINGTON BEACV
MEETING DATE: February 17, 2004 DEPARTMENT ID NUMBER: PW 04-017
Council/Agency Meeting Held cA
Deferred/Continued to
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)14 Approved 13 Conditionally Approved L3 Denied ZrAx-ll /Oty/Cleries SignVie-
Council Meeting Date February 17, 2004 DepartAeWID Number PW 04-017
CITY OF HUNTINGTON BEACH
C=
REQUEST FOR ACTION
SUBMITTED TO:
HONORABLE MAYOR AND CITY COUNCIL
L)
SUBMITTED BY:
RAY SILVER, City AdministratoreW
6-"��REPARED BY:
1�7
ROBERT F BEARDSLEY, Director of Public Works
SUBJECT:
Award Construction Contract for Well No 8 Pipeline,
CC-1 192
IStatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) I
Statement of Issue: On January 13, 2004, bids were received for the Well No 8 Pipeline,
CC-1 192 The project will bring irrigation water to Central Park Staff recommends award to
J. A. Salazar Construction Co as the lowest responsive and responsible bidder
Funding Source: Funds in the amount of $200,000 are budgeted in the Water Fund
Account, Well No. 8, Water Improvements, 50691024 82100
Recommended Action: Motion to
1 Accept the lowest responsive and responsible bid submitted by J A Salazar Construction
Co in the amount of $173,000, and,
2 Authorize the Mayor and City Clerk to execute a construction contract in substantially the
same form as the attached sample contract
Alternative Action(s): Reject all bids, and provide staff with alternative direction
.-- "lo
G \R C A\2004\04-017 Feb 17 De Bow (Award Well 8 Pipeline CC-1 192) doc
1/28/2004 10:20 AM
REQUEST FOR ACTION
MEETING DATE: February 17, 2004 DEPARTMENT ID NUMBER: PW 04-017
Analysis: The two shallow wells providing irrigation water to Central Park have deteriorated
and one has completely failed. This project replaces the function of the existing irrigation
wells by bringing water to the park from Well No. 8 located northeast of Goldenwest Street
and Warner Avenue. Well No. 8 was drilled in 1978, but has not been used for the City's
water supply. The water meets quality standards as irrigation water, without the restrictions
normally placed on reclaimed water but it cannot be made potable without expensive
treatment to remove the color that is far above the secondary Title 22 drinking water
standard.
The pipeline project will be a cost-effective solution to provide irrigation water rather than
drilling and equipping new wells for Central Park. This pipeline is Phase 1 for the project that
will include further mechanical equipment improvements at the well site and terminal end in
the park.
On January 13, 2004, bids were received and publicly opened by the City Clerk and are
listed as following in ascending order:
Bidding Contractor Amount
J.A. Salazar $173,000.00
VC1 Telecom $196,284.00
Robert Castongia, Inc. $217,809.00
Southern California Underground $242,500.00
SRD Engineering $253,365.00
The reference check for J.A. Salazar provided acceptable responses from past clients. Staff
recommends award to J.A. Salazar in the amount of $173,000.00.
Public Works Commission: The Public Works Commission reviewed and recommended
this project by unanimous vote on November 19, 2003.
Environmental Status: This project is exempt from CEQA as it is a minor extension of a
utility pipeline as classified in Title 14 California Code of Regulations, Chapter 3, Section
15303, Class 3(d).
Attachment(s):
RCA Author: DeBowljg
G:\R C A\2004\04-017 Feb 17 De Bow (Award Well 8 Pipeline CC-1 192).doc
1128/2004 10:20 AM
ATTACHMENT #1
PROJECT:
WELL NO. 8 PIPELINE
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BANNING
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
LOCATION MAP
ATTAC H M E N T #2
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
THIS AGREEMENT ("Agreement") made and entered into this day of
20 , by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
a California
hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to
as "PROJECT," more fully described as
in the City of Huntington
Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this
Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost
and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other
items, services and facilities necessary to complete and construct the PROJECT in a good and
workmanlike manner.
CONTRACTOR agrees to fully assume the risk of all loss or damage arising
out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from
agree/forms/city const/4-03 I
the action of the elements, from any unforeseen difficulties which may arise or be
encountered in the prosecution of work, and for all other risks of any description in
connection with the work, including, but not limited to, all expenses incurred by or in
consequence of the suspension or discontinuance of work, except such as are herein expressly
stipulated to be borne by CITY, and for well and faithfully completing the work within the
stipulated time and in the manner shown and described in this Agreement, and in accordance
with the requirements of CITY for the compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as defined below
in this Section), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its thorough investigation of all
such matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement
by this reference, with the same force and effect as if the same were set forth at length herein,
and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract
Documents insofar as they relate in part or in any way, directly or indirectly, to the work
covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
agree/forms/city const/4-03 2
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public
Works of CITY and adopted by the City Council, and any revisions,
amendments or addenda thereto;
D. The current edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 10801 National
Boulevard, Los Angeles, CA 90064, and all amendments thereto,
written and promulgated by the Southern California chapter of the
American Public Works Association and the Southern California
District Associated General Contractors of the California Joint
Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special
Instructions to Bidders and the CONTRACTOR's proposal, (which is
attached hereto as Exhibit "A" and incorporated herein by this
reference);
F. The particular Plans, Specifications, Special Provisions and Addenda
applicable to the PROJECT. Anything mentioned in the Specifications
and not indicated in the Plans or indicated in the Plans and not
mentioned in the Specifications, shall be of like effect as if indicated
and mentioned in both. In case of a discrepancy between any Plans,
Specifications, Special provisions, or Addenda, the matter shall be
immediately submitted by CONTRACTOR to the Department of
Public Works of CITY (hereinafter referred to as "DPW"), and
agree/fonns/city const/4-03 3
CONTRACTOR shall not attempt to resolve or adjust the discrepancy
without the decision of DPW, save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement and the bid
or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be
considered as an acceptance of the terms of the bid or proposal which is in conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as full compensation
for the faithful performance of this Agreement, subject to any additions or deductions made
under the provisions of this Agreement or the Contract Documents, a sum not to exceed
Dollars ($ ), as set forth
in the Contract Documents, to be paid as provided in this Agreement.
4. COMMENCEMENT OF PROJECT
CONTRACTOR agrees to commence the PROJECT within ten (10) working
days after the Notice To Proceed is issued and diligently prosecute the PROJECT to
completion within (___) consecutive
from the day the
Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conforinance with the progress schedule set forth
in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all
agree/forms/city const/4-03 4
other contractors, subcontractors, and CITY forces working on the PROJECT in a manner
that will facilitate the efficient completion of the PROJECT and in accordance with the terms
and provisions of this Agreement. CITY shall have complete control of the premises on
which the work is to be performed and shall have the right to decide the time and order in
which the various portions of the work shall be performed and the priority of the work of
other contractors, subcontractors and CITY forces and, in general, all matters concerning the
timely and orderly conduct of the work of CONTRACTOR on the premises.
6 CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications set forth in
the Contract Documents unless a change therefrom is authorized in writing by DPW.
CONTRACTOR agrees to make any and all changes, furnish materials and perform all work
necessary within the scope of the PROJECT as DPW may require in writing. Under no
condition shall CONTRACTOR make any changes without the prior written order or
acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that
have not been agreed upon in writing by DPW.
When directed to change the work, CONTRACTOR shall submit immediately
to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to
such cost proposal, the work shall be performed according to the changes ordered in writing
by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing
data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
agree/forms/city const/4-03 5
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished
under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR
by CITY. CITY does not warrant that the work will be available on the date the Notice to
Proceed is issued. In the event of a delay in commencement of the work due to unavailability
of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension
equal to the delay due to such unavailability.
8. BONDS
Only bonds issued by California admitted sureties will be accepted.
CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two
(2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%)
of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and
one in the amount of one hundred percent of the contract price to guarantee payment of all
claims for labor and materials furnished.
In addition, CONTRACTOR shall submit to CITY a bond in the amount of
one hundred percent (100%) of the final contract price, including all change orders, to warrant
such performance for a period of one (1) year after CITY's acceptance thereof within ten (10)
days of filing of the Notice of Completion.
9. WARRANTIES
CONTRACTOR unconditionally guarantees all work done under this
Agreement including, but not limited to, any workmanship, installation, fabrication, material
or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by
CITY of any defect in the work, shall have the option to make appropriate repairs or replace
agree/forms/city const/4-03 6
the defective item or items. Upon expiration of such ten (10) day period, CITY may then
make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that CONTRACTOR is, and shall be, acting at all
times hereunder as an independent contractor and not an employee of CITY.
CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONTRACTOR and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the
services performed hereunder.
11. LIQUIDATED 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 working/calendar days
set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a
fair compensation for the foreseeable damages CITY would sustain in the event of and by
reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and
agree/forms/city const/4-03 7
ftirther agrees that CITY may deduct the amount thereof from any monies due or that may
become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be assessed
damages for any portion of the delay in the completion of the work due to unforeseeable
causes beyond the control and without the fault or negligence of CONTRACTOR, including,
but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine
restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of any such
delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of
the delay and CITY shall extend the time for completing the work if, in its judgment, the
findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the
parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of the
work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting
for materials required by this Agreement to be furnished by CITY, or by damage caused by
fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the
combined action of the workers, in no way caused by or resulting from default or collusion on
the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed
for the completion of the work shall be extended by the number of days CONTRACTOR has
thus been delayed, but no allowance or extension shall be made unless a claim therefor is
presented in writing to CITY within fifteen (15) days of the commencement of such delay.
No claims for additional compensation or damages for delays, irrespective of
the cause thereof, and including without limitation the furnishing of materials by CITY or
agree/fornis/city const/4-03 8
delays by other contractors or subcontractors, will be allowed and an extension of time for
completion shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
A. Notice: CONTRACTOR shall promptly, and before such conditions
are disturbed, notify DPW in writing of-
(1) Subsurface or latent physical conditions at the job site differing
materially from those indicated in this Agreement or the
Contract Documents; or
(2) Unknown physical conditions at the job site, of an unusual
nature, differing materially from those ordinarily encountered
and generally recognized as inherent to work of the character to
be performed under this Agreement. DPW shall promptly
investigate the conditions and if it finds that such conditions do
materially so differ and cause an increase or decrease in the
time required for performance of any part of the work under this
Agreement, whether or not changed as a result of such
conditions, an equitable adjustment shall be made and the
agreement modified in writing accordingly.
B. Time Extension: No claim of CONTRACTOR under this Section shall
be allowed unless CONTRACTOR has given the notice required
hereunder provided, however, the time prescribed therefor may be
extended by CITY.
agree/forms/city const/4-03 9
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment.
Payment to CONTRACTOR will be made only for the actual quantities of contract items used
in construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
Section. DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where
the actual quantities used in construction of the PROJECT are in variation to the quantities
listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price
or time for completion shall be allowed if asserted after final payment under this Agreement.
If the quantity variation is such as to cause an increase in the time necessary for completion,
DPW shall ascertain the facts and circumstances and make such adjustment for extending the
completion date as in its sole judgment the findings warrant.
14. PROGRESS PAYMENTS
Each month DPW will make an estimate in writing of the work performed by
CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will
be deducted and retained by CITY and the remainder of the progress estimate, less the amount
of all previous payments since commencement of the work, will be paid to CONTRACTOR.
When 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
agree/forms/city const/4-03 10
the value of the work completed since the commencement of the PROJECT, as determined in
its sole discretion by DPW, less all previous payments and less all previous retained amounts.
CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof
unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the
filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the
manner required by law, each payment to be accompanied by a certificate signed by DPW,
affirming that the work for which payment is demanded has been performed in accordance
with the terms of the Agreement and that the amount stated in the certificate is due under the
terms of the Agreement. Partial payments on the contract price shall not be considered as a
acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and at the sole cost and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon, CITY shall permit the
substitution and deposit therewith of securities equivalent to the amount of any monies
withheld by CITY to ensure performance under the terms of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with DPW its affidavit stating that all workers and persons
employed, all firms supplying materials and all subcontractors working upon the PROJECT
have been paid in full and that there are no claims outstanding against the PROJECT for
either labor or material, except certain items, if any, to be set forth in CONTRACTOR's
affidavit covering disputed claims, or items in connection with Notices to Withhold, which
have been filed under the provisions of the statutes of the State of California.
agree/forms/city const/4-03 11
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers
from and against any and all, claims, damages, losses, expenses, judgments, demands defense
costs, and consequential damage or liability of any kind or nature, however caused, including
those resulting from death or injury to CONTRACTOR's employees and damage to
CONTRACTOR's property, arising directly or indirectly out of the obligations or operations
herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or
omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, including but not limited
to concurrent active or passive negligence, except where caused by the active negligence, sole
negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at
its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel.
This indemnity shall apply to all claims and liability regardless of whether any insurance
policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by CONTRACTOR.
19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY
INSURANCE
Pursuant to California Labor Code Section 1861, CONTRACTOR
acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer
agree/forms/city const/4-03 12
to be insured against liability for workers' compensation; CONTRACTOR covenants that it
will comply with such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall obtain and furnish to City workers' compensation and
employer's liability insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms
of the workers' compensation and employer's liability insurance and CONTRACTOR shall
similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation and employer's liability insurance
and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY,
CONTRACTOR shall obtain and ftimish to CITY, a policy of general public liability
insurance, including motor vehicle coverage covering the PROJECT. This policy shall
indemnify CONTRACTOR, its officers, employees and agents while acting within the scope
of their duties, against any and all claims arising out or in connection with the PROJECT, and
shall provide coverage in not less than the following amount: combined single limit bodily
injury and property damage, including products/completed operations liability and blanket
contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is
provided under a form which includes a designated general aggregate limit, the aggregate
limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy
shall name CITY, its officers, elected or appointed officials, employees, agents, and
volunteers as Additional Insureds, and shall specifically provide that any other insurance
agree/forms/city const/4-03 13
coverage which may be applicable to the PROJECT shall be deemed excess coverage and that
CONTRACTOR's insurance shall be primary.
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
21. CERTIFICATES OF INSURANCE-, ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, CONTRACTOR
shall furnish to CITY certificates of. insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverages as required by this Agreement; the certificates
shall:
I . provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
3. promise to provide that such policies will not be canceled or modified without
thirty (30) days' prior written notice of CITY.
CONTRACTOR shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations
as set forth under this Agreement. CITY or its representative shall at all times have the right
to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay,
in a prompt and timely manner, the premiums on all insurance hereinabove required.
CONTRACTOR shall provide a separate copy of the additional insured
endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers,
agree/forms/city const/4-03 14
elected and appointed officials, employees, agents and volunteers as Additional Insureds, to
the City Attorney for approval prior to any payment hereunder.
22. NOTICE OF THIRD PARTY CLAIM
Pursuant to Public Contracts Code §9202, CITY shall provide notice to
CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction
which arises out of performance of this agreement within ten (10) days of receipt of such
claim or claims.
23. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder with
diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or
makes an assignment for the benefit of creditors or becomes insolvent, or violates any
provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR
notice in writing of its intention to terminate this Agreement. Unless the violation is cured
within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY
may, without prejudice to any other remedy it may have, terminate this Agreement upon the
expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to
terminate this Agreement; in such event CITY may make good the deficiency in which the
default consists and deduct the resulting costs from the progress payments then or to become
due to CONTRACTOR.
If it is subsequently determined by a court of competent jurisdiction that
CITY's termination of this Agreement under this Section was wrongful, such termination
shall be converted to a termination for convenience under Section 23 and any damages shall
be assessed as set forth in Section 23.
agree/forms/city const/4-03 15
24. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or
without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days
written notice to CONTRACTOR. In the event of termination, under this Section CITY shall
pay CONTRACTOR for value of work in place on the PROJECT through the termination
period plus seven and one-half percent (7 V2%) for overhead and profit less all such payments
already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy
for termination by CITY for its convenience and CITY shall have not further obligation to
CONTRACTOR.
25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be performed
hereunder, or upon expiration or earlier termination of this Agreement, all original plans,
specifications, drawings, reports, calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property at no further cost.
26. NONASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber this
Agreement, or any part hereof, or any right or duty created herein, without the prior written
consent of CITY and the surety.
27. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the California
Government Code.
agree/forms/city const/4-03 16
28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to all reasonable administrative costs and necessary
disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any
similar legal document. This obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an administrative fee of One
Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of
whether or not CITY is named in an action to enforce such stop notices. CITY may set off
any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to
CONTRACTOR under this Agreement.
29. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONTRACTOR's agent (as designated in Section I
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below; provided that CITY and CONTRACTOR may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, reputable overnight carrier or U. S. certified
mail-retum receipt requested:
TO CITY: TO CONTRACTOR:
City of Huntington Beach
ATTN:
2000 Main Street
Huntington Beach, CA 92648
agree/forms/city const/4-03 17
30. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of maters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision
of this Agreement.
3 1. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the
provisions of United States Code Section 1324a regarding employment verification.
32. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel
for CITY; and CITY shall not be liable for payment of any legal services expenses incurred
by CONTRACTOR.
33. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce
the terms and/or provisions of this Agreement or to secure the performance hereof, each party
agree/forms/city const/4-03 18
shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover
its attorney's fees from the non -prevailing party.
34. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the
remaining covenants and provisions of this Agreement. No covenant or provision shall be
deemed dependent upon any other unless so expressly provided here. As used in this
Agreement, the masculine or neuter gender and singular or plural number shall be deemed to
include the other whenever the context so indicates or requires. Nothing contained herein
shall be construed so as to require the commission of any act contrary to law, and wherever
there is any conflict between any provision contained herein and any present or future statute,
law, ordinance or regulation contrary to which the parties have no right to contract, then the
latter shall prevail, and the provision of this Agreement which is hereby affected shall be
curtailed and limited only to the extent necessary to bring it within the requirements of the
law.
35. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws
of the State of California.
36. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
agreelforms/city const/4-03 19
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who has signed it.
37. CONSENT
Where CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be consent/approval to
any subsequent occurrence of the same or any other transaction or event.
38. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement shall so survive.
39. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
40. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that party's
behalf, which are not embodied in this Agreement, and that that party has not executed this
Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact
or circumstance not expressly set forth in this Agreement. This Agreement, and the attached
Exhibit "A", contain the entire agreement between the parties respecting the subject matter
agree/forms/city const/4-03 20
of this Agreement, and supersede all prior understandings and agreements whether oral or in
writing between the parties respecting the subject matter hereof.
IN- WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
CONTRACTOR
M-
print name
ITS: (circle one) Chairman/President/Vice President
AND
0
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary - Treasurer
REVIEWED AND APPROVED:
City Administrator
agree/forms/city const/4-03 21
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
Director of Public Works
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
FOR
TABLE OF CONTENTS
Page No.
I .
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
3.
COMPENSATION
4
4.
COMMENCEMENT OF PROJECT
4
5.
TIME OF THE ESSENCE
4
6.
CHANGES
5
7.
NOTICE TO PROCEED
6
8.
BONDS
6
9.
WARRANTIES
6
10.
INDEPENDENT CONTRACTOR
7
11.
LIQUIDATED DAMAGES/DELAYS
7
12.
DIFFERING SITE CONDITIONS
9
13.
VARIATIONS IN ESTIMATED QUANTITIES
10
14.
PROGRESS PAYMENTS
10
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
11
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
11
17.
WAIVER OF CLAIMS
12
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
12
19.
WORKERS'COMPENSATION INSURANCE
13
20.
INSURANCE
13
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
14
22.
NOTICE OF THIRD PARTY CLAIM
15
23.
DEFAULT & TERMINATION
15
24.
TERMINATION FOR CONVENIENCE
16
25.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
16
26.
NON -ASSIGNABILITY
16
27.
CITY EMPLOYEES AND OFFICIALS
16
28.
STOP NOTICES
17
29.
NOTICES
17
30.
SECTION HEADINGS
18
31.
IMMIGRATION
18
32.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
18
33.
ATTORNEY'S FEES
18
34
INTERPRETATION OF THIS AGREEMENT
19
35.
GOVERNING LAW
19
36.
DUPLICATE ORIGINAL
19
37.
CONSENT
20
38.
SURVIVAL
20
39.
MODIFICATION
20
40.
ENTIRETY
20
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Award Construction Contract for the Well No. 8 Pipeline,
CC-1 192
COUNCIL MEETING DATE:
February 17, 2004
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contra ct/Ag reement (w/exhibits if applicable)
(Signed in full by the City Attomey)
Not Applicable
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 Commiftee Report (If applicable)
Not Applicable
Find ings/Cond itions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FOR"RDED
-Administrative Staff
City Administrator (Initial)
-Assistant
City Administrator (Initial)
rCity Clerk
-EXPLANATION FOR RETURN OF ITEM:
RCA Author: DeBow
CITY OF HUNTINGTON BEACH
MEETING DATE: December 1, 2003 DEPARTMENT ID NUMBER: PW 03-076
Council/Agency Meeting Held:
Deferred/Continued to:
)i,Approved U Conditionally Approved 0 Denied
Do" Cit� 01erks)Kign_atLW
Council Meeting Date: December 1, 2003
Department ID Number: PW 03-076
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY:
.77REPARED BY:
SUBJECT:
RAY SILVER, City Administrator0k)
ROBERT F. BEARDSLEY, Public Works Directo
C:)
_0
C-)
AUTHORIZEA_ DVEPTISEMENT FOR WELL NO. 8 PIPELINE; CC
1192
IStatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Plans and specifications are in final preparation for the Well No. 8
Pipeline; CC-1 192 to provide irrigation water to Central Park. Authorization to advertise the
project is requested.
Funding Source: Funds for construction are budgeted in the Water Fund Account
50691024.82100. The preliminary engineer's estimate is $200,000.
Recommended Action: Motion to:
Approve the project plans and specifications and authorize the Director of Public Works to
request public bids for the construction of the Well No. 8 pipeline; CC-1 192.
Alternative Action(s): Deny the request to advertise the project for bid at this time, and
provide staff with alternate direction.
Analysis: The two, shallow, on -site wells presently providing irrigation water to Central Park
have deteriorated and one well has completely failed. This project replaces the function of
the existing irrigation wells by bringing water to the park from Well No. 8 located northeast of
Goldenwest Street and Warner Avenue. Well No. 8 was drilled in 1978, but has not been
used for the City's water supply. The water from this well meets quality standards for use as
irrigation water, without the restrictions normally placed on reclaimed water but it cannot be
made potable without expensive treatment to remove the color that is far above the
secondary Title 22 drinking water standard. 7—
G:\R C A\2003\03-076 Dec 1 Rulla (Advertise Well 8).doc 11/17/2003 12:23 PM
REQUEST FOR ACTION
MEETING DATE: February 17, 2004 DEPARTMENT ID NUMBER: PW 04-017
3, ke :t<;
00
Analysis: The two shallow wells providing irrigation water to Central Park have deteriorated
and one has completely failed. This project replaces the function of the existing irrigation
wells by bringing water to the park from Well No. 8 located northeast of Goldenwest Street
and Warner Avenue. Well No. 8 was drilled in 1978, but has not been used for the City's
water supply. The water meets quality standards as irrigation water, without the restrictions
normally placed on reclaimed water but it cannot be made potable without expensive
treatment to remove the color that is far above the secondary Title 22 drinking water
standard.
The pipeline project will be a cost-effective solution to provide irrigation water rather than
drilling and equipping new wells for Central Park. This pipeline is Phase 1 for the project that
will include further mechanical equipment improvements at the well site and terminal end in
the park.
On January 13, 2004, bids were received and publicly opened by the City Clerk and are
listed as following in ascending order:
Bidding Contractor Amount
J.A. Salazar $173,000.00
VC1 Telecom $196,284.00
Robert Castongia, Inc. $217,809.00
Southern California Underground $242,500.00
SRD Engineering $253,365.00
The reference check for J.A. Salazar provided acceptable responses from past clients. Staff
recommends award to J.A. Salazar in the amount of $173,000.00.
Public Works Commission: The Public Works Commission reviewed and recommended
this project by unanimous vote on November 19, 2003.
Environmental Status: This project is exempt from CEQA as it is a minor extension of a
utility pipeline as classified in Title 14 California Code of Regulations, Chapter 3, Section
15303, Class 3(d).
Aftachment(s):
RCA Author: DeBow/jg
63
G:\R C A\2004\04-017 Feb 17 De Bow (Award Well 8 Pipeline CC-1 192).doc
1128/2004 10:20 AM
REQUEST FOR ACTION
MEETING DATE: December 1, 2003 DEPARTMENT ID NUMBER: PW 03-076
The pipeline project will be a more cost-effective solution to provide irrigation water rather
than drilling and equipping new wells for Central Park. This pipeline is Phase 1 for the
project that will include further mechanical equipment improvements at the well site and
terminal end in the park. The project includes an above ground Wintersburg Channel
crossing and requires an encroachment permit and approval from the County. This project is
supported by the Orange County Water District as it benefits the groundwater basin by
pumping colored water for beneficial use.
Public Works Commission: The Public Works Commission will have reviewed this project
on November 19, 2003, at which time the Commission's approval to advertise this project will
be known and conveyed to Council.
Environmental Status: This project is exempt from CEQA as it is a minor extension of a
utility pipeline as classified in Title 14 California Code of Regulations, Chapter 3, Section
15303, Class 3(d).
Attachment(s):
RCA Author: T. Rulla X-5524 Jig
G:XR C A\2003\03-076 Dec 1 Rulla (Advertise Well 8).doc 11/17/2003 12:25 PM
ID,
ATTACHMENT #1
PROJECT:
PCffY OF HUNTINGTON BEACH
eg DEPARTMENT OF PUBLIC WORKS
LOCATION MAP
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
AUTHORIZE ADVERTISEMENT FOR WELL NO. 8
PIPELINE; CC-1 192
COUNCIL MEETING DATE:
December 1, 2003
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Contract/Agreement (w/exhibits if applicable)
(Signed Ln full by the City Attomey)
Not Applicable
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
Find ings/Cond itions for Approval and/or Denial
Not Applicable _j
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FO DED
Staff
-Administrative
City Administrator (Initial)
-Assistant
City Administrator (initial)
City Clerk
-EXPLANATION FOR RETURN OF ITEM:
RCA Author: T. Rulla
SECTION A
NOTICE INVITING SEALED BIDS
for the
12-INCH GREEN ACRES RECLAIMEED WATERLINE EXTENSION PROJECT
from
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
CASH CONTRACT No. 1192
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 PM on January 13, 2004. 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
$30.00 nonrefundable fee if picked up, or payment of a $40.00 nonrefundable fee if mailed via
U.S. Postal Service, FedEx, UPS or any other delivery service.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the
minimum prevailing rate of per them 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.
A-1
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders.
The bid must be accompanied by a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10% of the amount bid. The successful
bidder shall be licensed in accordance with provisions of the Business and Professions Code and
shall possess a State Contractoes 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.
Project Description: The work generally includes the construction of approximately 610 lineal
feet of 12-inch and 100 lineal feet of 16-inch PVC buried pipe together with 75 lineal feet of 12-
inch welded steel pipe installed above ground for a County flood control channel crossing. The
engineer's preliminary estimate is $200,000 and the project schedule is 60 working days.
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,
this first day of December, - 2003.
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
FAX FROM:
CONNIE BROCKWAY, CITY CLERK
CITY CLERKS OFFICE
CITY OF HUNTINGTON BEACH
P.O. Box 19012000 Main Street
Huntington Beach, CA 92648
Ph. (714) 536-5227
HUNTINGTON BEACH
Fax (714) 374-15507
Fax #: 949-646-5008
Date: 03
Number of
Pages (including cover page):
By:
Deputy City Clerk
To:
INTERNET ADDRESS:
H.B. Independent
Mike (Legals)
www.surfcity-hb.orcl
Phone:
'OL
949-574-4251
HB INFOLINE: (71�) 374-4800
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Engineer's Estimate: $ o�oo,
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CITY OF
Lj Lj
HUNTINGTON BEACYt -CA
Z004 JAN 13 P 2: 0 1
C-4
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6
ROBERT G. CASTONGIA, INC
GENERAL ENGINEERING CONTRACTOR
License No. A-193324
12323 1/2 Woodruff Avenue
%m Downey, CA 90241
-4 13* �''�b- w�'
�am
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hu-4 JAN 13 p 12: 10
CITY OF HUNTINGTON BEACH
CITY CLERK
2000 MAIN STREET
HUNTINGTON BEACH, CA. 92648
12-INCH GREEN ACRES RELAIMED WATERLINE
rAQW rr)MTPArT Nn 14Q9
411
I � iv r IM7
SECTION C
PROPOSAL
for the
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
from
IGOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
I
I
I
CASH CONTRACT No. 1192
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 60 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
I C-1
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, finAJ 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
ICheck", or "Bidder's Bond", as the case may be).
IBidder shall signify receipt of all Addenda here, if any:
I
I
I
I
I
I
I
I
I
Addenda No. Date Received Bidder's Signature
C-2
I
I
I
I
I
I
I
11
I
I
I
I
1�j
I
I
PROJECT BID SCHEDULE
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
Item
Size -
No.
Description
Quantity
Unit
Unit Cost
Total Cost
1.
Mobilization
I
LS
$54�
S
2.
Furnish and install 12-inch PVC pipeline in
Goldenwest Street with nitrile (NBR) gaskets, and
connection to the existing watermain north of
Warner Ave., including all valves, fittings, and
appurtenances, pavement sawcutting and
removal, excavation, backfill, surface repair, and
thrust restraint, as shown on these plans, complete
$ (CiLl 00
and in place.
610
LF
3.
Furnish and install 16-inch PVC pipeline in Well
No. 8 access road with nitrile (N13R) gaskets,
including all valves, fittings, and appurtenances,
pavement sawcutting and removal, excavation,
backfill, surface repair, and thrust restraint, as
44�
$
$
shown on these plans, complete and in place.
100
LF
4.
Furnish and install 2-inch air and vacuum
assembly, including all valving, fittings, and
appurtenances, as shown on these plans, complete
s0t 00
$Cf. 070
and in place.
1
EA
5.
Furnish and install 4-Inch temporary blowoff for
pressure testing, including all appurtenances, as
CA-
$'-�' Cis
$ tv, 390 -
shown on these plans complete and in place.
2
EA
6.
Chlorination and testing of all new water mains
s Z' S&)
s -Z' si�o
and appurtenances, complete and in place.
I
LS
7.
Traffic control throughout work area, including
-;L->q
$ 5,-2Q
preparation of traffic control plans.
I
LS
8.
Demobilization and Cleanup
490
$ 2, LW)
I
LS
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PROJECT BID SCHEDULE
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
I
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Item
Size -
No.
Description
Quantity
Unit
Unit Cost
Total Cost
9.
Pothole existing utilities as directed by and in the
presence of the City inspector, including
pavement repair and traffic control.
20
EA
$
10.
Coordination and obtain OCPFRD Encroachment
Permit including furnishing insurance as required
by OCPFRD and all permit fees
I
LS
$
11.
Furnish and install 12-inch SCH 20 FBE lined
and coated steel watermain over East Garden
Grove Wintersburg Channel, including
installation of chain link fence and gate
75
LF
$ 3C9
12.
Furnish and install 8" blowoff assembly,
including all appurtenances, as shown on these
plans complete and in place
I
EA
$
13.
Fumish and install 16" x 4" tee, 4-inch resilient
wedge gate valve and blind flange for future
irrigation connection
1
EA
$ (0 ?751
$ 775
14.
Trench shoring and safety measures
I
LS
$ 11 2z'v
$ low
TOTAL BID AMOUNT 'z
TOTAL BID AMOUNT lN WORDS:
4ytty'4tj� 1"�ed A) "t-O
( L'b U
Notes: All extensions of unit prices will be subject to verification by Owner. In case of a
verification between the unit price and the extension, the unit price will govern.
The Owner reserves the right to reject any or all proposals and bid items.
I
C-2S
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name and Address of Subcontractor IState License Class
of Work Number
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
I
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
ow"tc*(_ being first duly sworn, deposes and says that he or she is
oCk&,,A C. jjetiMn, (,w 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.
-ROBERT G. CASTONGIAj INC.
Name of Bidder
Signature of Bidder
123231/2 S. WOODRUFF AVE,
2U2
DMEY. CAI F, OA 41.
Address of Bidder
Subscribed and sworn to before me this 1?) day of 200bL4
SYLVIA SIFUENTES
COMM. #1379282
0
cc NOTARY PUBLIC -CALIFORNIA :0
9
LOS ANGELES COUNTY
My Comm. Exp. Oct. 8,2006
%
NOTARY PUBI <ELe�
NOTARYSEAL
C-4
CALIFORNIA ALL-PURPOSE AC!!�OWLEDGMENT
-------- ------- t,�ge ---------------------
----------------------
0 Stat& of California
0
1
1
0
0
1 County of
0 Los Angeles
ss.
0
On 1/13/04 before me,
Sylvia Sifuentes, Notary Public, I
0
Name and Title of Officer (e.g., "Jane Doe, Notary Public") 0
nally appreared
Robert G. Castongia
Name(s) of Signer(s)
0
0
—05--"Personally known to me I
E] proved to me on the basis of satisfactory 0
evidence 0
to be the person(s) whose names(s)4/are 0
0
subscribed to the within instrument and 0
1
acknowledged to me tha heis.!;e/they executed 0
SYLVIA SIFLIENTES
#1379282 o
the same in44sA;ef/their authorized
0
COMM. U)
KIC - CALIFORNIA
capacity(ies), and that by4*_~their
(n
NOTARY PUI
LOS ANGELES COUNTY Z
signature(s) on the instrument the person(s), or 0
0 My Comm. Exp. Oct. 8, 2006 Z
the entity upon behalf of which the person(s) 0
acted, executed the instrument. I
0
0
WITNES�S my hand and official sea[.
0
�Not.r,
Sg�n.ur. of Pub,
1
OPTIONAL
0 Though the information below is not required by law,
1
it may prove valuable to persons relying on the document and could prevent 0
fraudulent removal and reattachement of this form to another document.
0
1 Description of Attached Document
0
0
1
0 Title or Type of Document'.
1
I
I
0 Document Drive:
1
0
1
0
Signer(s) Other Than Named Above:
10 Capacity(ies) Claimed by Signer
0
0
1
0 Signer's Name:
1
0
1
1 E] Individual
0
1
0 7 Corporate Officer -- Title(s):
Top of thumb hei
I F1 Partner --- F-1 Limited
F-1 General
I
0
1 F-1 Attorney -in -Fact
0
I
0 E] Trustee
1
0
1
0 F-1 Guardian or Conservator
0
1 F-1 Other:
0
o Signer Is Representing:
0
0
L----------------------------------------------------------------
A
H
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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 12-Inch Green Acres Reclaimed Waterline Extension Project,
Goldenwest Street — Warner Avenue to Murdy Park.
(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:
"Qualifled Person: A person who, by reason of experience or instruction, isfamiliar 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:
Dr)BERT G. CASTONGA INC-
RV
Contractor
*-,Wo bel-4 0.
Title
I
C-5
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of pejury, 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?
L) Yes �No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
F-1
Ll
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.
1 rRO B E R T G. CASTONG1
Contractor
I
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I Date: 11(j5bq
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-d
e'�- V4 -C't - ?'-�*Cje vt�-
Title
I
C-7
e'�- V4 -C't - ?'-�*Cje vt�-
Title
I
C-7
ROBERT G. CASTONGIA, INC
General Engineering Confractor
Lic. No. A- 193324
12323 1/2 S. Woodruff Ave.
Downey, California 90241
Tel: (562) 803-3328 Fax: (562) 803-3876
castongia—r@msn.com
LIST BELOW THE NAME, ADDRESS AND PHONE NO. OF ALL
INSURANCE COMPANIES AFFORDING COVERAGE
A. CO. NAME: Wright, Finnegan & Sommer Ins. Assoc.
HOME OFFICE ADDRESS: 22800 Savi Ranch Parkway, Ste # 202
PHONE:
(714) 283-1999 CONTACT PERSON: Donna Sommer
B. CO. NAME: State Compensation Ins. Fund
HOME OFFICE ADDRESS: P.O. Box 7854, San Francisco, CA. 94120
PHONE: (877) 522-5252 CONTACT PERSON: Customer Service (Pol # 001150-046
C. CO. NAME: Garrett/Mosier Ins. (Old Republic Surety Co.)
HOME OFFICE ADDRESS: 17291 Irvine Blvd., Ste. 104 Tustin, CA. 92780
PHONE: (800) 414-7583 CONTACT PERSON: John M. Garrett, CPCU
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
,I, -ROBERT Gs CASTONGIA, INC.
Bidder Name
Business Address
City, State Zip
62 ) S,05 - 3-3 DS
Telephone Number
(q �:LL4 - C q
State Contractor's License No. and Class
Original Date Issued
-1 1 7�0 �i
Expiration Date
The work site was inspected by(�QW 04 JfZ/KAA'- of our office on 'Ic', 0 k-1 2001.Ll
L)
The following are persons, firins, and corporations having a principal interest in this proposal:
C-9
The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
Company Name
C-AL
5
Printed or Typed Signature
Subscribed and sworn to before me this 1;5 day of k6m4� 20019
SYLVIA SIFLIENTES
COMM. #1379282
CALIFORNIA m
L) NOTARY PUBLIC CA
P., LOS ANGELES COU TY
My Comm. Exp. Oct. 8 2006
NOTARY P #*"
NOTARYSEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has perfon-ned similar work within the past two years:
1.
2.
3.
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount
Type of Work
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount
Type of Work
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-10
ROBERT G. CASTONGIA, INC.
General Engineering Contractor Lic No. 193324
12323 112 S. Woodruff Ave. - Downey, California 90241
Tel: (562) 803-3328 Fax: (562) 803-3876
Reference:
Owner
Suburban Water Systems
Ron Webb
Water Main Installations and Emergency Repair Work
Manson Construction Company
Richard Ferguson
Water Main Installations
Suburban Water Systems
Ron Webb
Water Main Installations and Emergency Repair Work
Phone #
(626) 968-6300
(310) 518-1515
(626) 968-6300
Contract Amt. In Progress
$ 221,813.00 90%
$ 792,000.00 90%
$ 180,000.00 90%
$ 1,193,813.00
ROBERT G. CASTONGIA, INC.
General Engineering Contractor
License # 193324-C42-A
12323 1/2 So. Woodruff Ave.
Downey, Ca. 90241
Ph# (562) 803-3328 * Fax# (562) 803-3876
WORK IN PROGRESS
City of Anaheim
P.R.S. 53 & 57
353X0.00
All American Asphalt
La Habra
545,632.00
Long Beach H2o
Conant SL& Clark
62,627.00
City of Anaheim
Clemintine Water Replments
L005�551.00
City of Anaheim
Pressure No. 12 & 27
502,949.00
Stieny
Berth 144
4406.00
MANSON
PIER G BERTH 236
792)000.00
TRAYLOR PACIFIC
PIER 400
520,664.00
3,827,459.00
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
February 18, 2004
Robert G. Castongia, Inc.
12323 Y2Woodruff Avenue
Downey, CA 90241
Re: CC-1 192 - Waterwell No. 8 Pipeline - Irrigation Water to Central Park
Enclosed please find your original bid bond issued by The American Institute of
Architects issued for CC-1 192.
d�� 94*�Aaj�—
Connie Brockway, CM�
City Clerk
CB:pe
Enclosure
g:/followup/cashconttretumbidbond.doc
procedure #13
(Telephone: 714-536-5227)
Bond No. N./A
BID BOND
The American Institute of Architects,
AIA Document No. A3 10 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS, that we ROBEff G. CASIMIA. INC.
as Principal hereinafter called the Principal, and OLD REPUBLIC SURETY COMPANY
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH
as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT
BIDIN -----------------------------------------------------------------------
Dollars (S -------- 10%---- ), for the payment of which sum well and truly to be made, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has submitted a bid for 12 INCH GREEN ACRES RECLAIMED
WATERLINE EXTENSION PROJECT
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a Contract with the. Obligee in accordance with the terms of such bid, and give such bond or bonds as
may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful
performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be
null and void, otherwise to remain in full force and effect.
Signed and sealed this 9TH day of JANUARY 1 7004
ORSC 21328 (5/97)
Witness
ROBERT G. CASTONGIA, INC,
Pri I (Seal)
By:
Name/Title
OLD REPUBLIC SURETY COMPANY
Surety (Seal)
Witness By: k
J DITWHK.'CUNNINGHAM Q--\-Attorney-in-Fact
State of California NOTARY ACKNOWLEDGMENT
County of Orange
On jgppM 9. 2004 before me, Charise Mgy Notary
(Date) (Namcfritle - Notary Public)
personally appeared Judith K. Cunninkham -
E personally known to me - OR - F]
----------------
CHARISE M
COMM. #1380494
NOTARv PUb'.-jG -CALIFORNIA K
ORANGE COUNTY
8,2006
My Comm. Exp. Oct. I It
CAPACITY CLAIMED BY SIGNER(S)
0 INDIVIDUAL
0 CORPORATE
0 OFFICER(S) —
(Title)
PARTNERS(S) LIMITED
GENERAL_
ATTORNEY -IN -FACT
TRUSTEE(S)
Q
GUARDIAN/CONSERVATOR
C1
OTHER:
SIGNER IS REPRESENTING:
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the vinthin 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.
OPTIONAL EWOPtMATION
Witness my -hand and official seal.
OLD REPLBLIG
111i* Surety Cmpany
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation,
does make, constitute and appoint:
JOHN GARRETT, STEVEN C. MOSIER, JUDITH K. CUNNINGHAM, OF TUSTIN, CA
its true and lawful Attorney(s)-in- Fact, with full power and authority for ard on behalf of the company as surety, to execute and deliver and affix the seal of the
company thereto (if a seal is required), bonds, undertakings, recognizanc---s or other written obligations in the nature thereof, (other than bail bonds, bankdepository
bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensstion
bonds guaranteeing payment of benefits, asbestos abatement contract bords, waste management bonds, hazardous waste remediation bonds or black bonds),
as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF
TWO MILLION DOLLARS($2,000,000) --------------------------- FOR ANY SINGLE
OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Aftorneys-in-Fact, pursuant to these presents, are
ratified and confirmed. This document is not valid unless prin.fted on colored background and is multi -colored. This appointment is made
under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed
by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY
COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant
�ecretary, may appoint aftorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment
in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog-
nizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any
Power of Attorney previously granted to such person.
RESOLVED FURTHER,that any bond, undertakirg, recognizanor-a or suretyship obligation shall bevalid and binding upon the Company
(i) when signed bythe president, any vice president orassistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(i i) when signed by the president, any vice president or assistarrtvice president, secretary or assistant secretary, and countersignedand sealed (if a seal
be required) by a duly authorized attomey-in-fact or agent; cr
(iii) when duly executed and sealed (if a seat be required) by ore or more attorneys-k-Oact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the companyto such person or persons.
RESOLVED FURTHERthatthe signature of any authorized officer and the seai of the company may be affixed by facsimile to any Powerof Attorney or
certification thereof aLffi-iotong the execubon and delivery of any bond, undertakng, recognizance, or other suretyship obligabons of the comparryrand such
signature and seal when so. used shall have the, same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer and its
corporate seal to be affixed this 27TH dayof- FEBRUARY
OLD REPUBLIC SURETY COMPANY
1 SEAL"q
Assistant Secr./ry President
STATE OF WISCONSIN, COUNTY "0
OF WAUKESHA - SS
On this 27TH day of FEBRUARY 2003 personally came before me, JAMES E. LEE
and DAVID Q. MENZEL to me known to be the individuals ari.d officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say;
that they are said officers of the corporation aforesaid, and that the seal aff ixed to the above, instrument is the seal of the corporation,
and that said corporate seat and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of
the board of directors of said corporation.
Notary Public
02/13/2005
My commission expires: —
CERTIFICATE
1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that th
foregoing and attached Power of Attorney remains in fult force and has not been revoked; and furthermore, that the Resolutions of the board c
directors set forth in the Power of Attorney, are now in force.
70-7093 0,M015.1-U."',
Signed and sealpd at the City of Brookfield, Wl this 9TH dayof JANITARY, 2004
O"GR*r
SE
J
GARRETT/MOS%-gR-*-I URANCE
As&,stant7,9r.try
THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON COLORED BACKGROUND AND IS MULTI -COLORED
P.O.&:1747
92822-1747,-' -
The City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648-2702
Project: 12-INCH GREEN ACRES RECLADM
�MTERLINE EXTENSION (CCF1 192)
Bids: January 13, 2004
-77
0-
SECTION C
PROPOSAL
for the
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
from
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
CASH CONTRACT No. 1192
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
perforrii 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 60 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,
s 'f ions, Instructions to Bidders and all other contract documents. If this proposal is
peci icati
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
PROJECT BID SCBEDULE
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
Item
Size -
No.
Description
Quantity
Unit
Unit Cost
Total Cost
1.
Mobilization
I
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$ Z oe�0.
$ '2
2.
Fumish and install 12-inch PVC pipeline in
Goldenwest Street with nitrile (NBR) gaskets, and
connection to the existing watermain north of
Warner Ave., including all valves, fittings, and
appurtenances, pavement sawcutting and
removal, excavation, backfill, surface repair, and
thrust restraint, as shown on these plans, complete
in
$ i5�1' 00
and place.
610
LF
3.
Furnish and install 16-inch PVC pipeline in Well
No. 8 access road with nitrile (NIBR) gaskets,
including all valves, fittings, and appurtenances,
pavement sawcutting and removal, excavation,
backfill, surface repair, and thrust restraint, as
shown on these plans, complete and in place.
100
LF
4.
Fumish and install 2-inch air and vacuum
assembly, including all valving, fittings, and
appurtenances, as shown on these plans, complete
and in place.
1
EA
$ 2 t
$
5.
Furmsh and install 4-inch temporary blowoff for
pressure testing, including all appurtenances, as
$
$
shown on these plans complete and in place.
2
EA
7-
6.
Chlorination and testing of all new water mains
and appurtenances, complete and in place.
I
LS
$ 2er-o.—
$ 2 ooc,:—
7.
Traffic control throughout work area, including
preparation of traffic control plans.
I
LS
2
x
1
8.
Demobilization and Cleanup
$
$ 2,
I
LS
C-is
PROJECT BID SCHEDULE
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
Item
Size -
No.
Description
Quantity
Unit
Unit Cost
Total Cost
9.
Pothole existing utilities as directed by and in the
presence of the City inspector, including
$
$
pavement repair and traffic control.
20
EA
10.
Coordination and obtain OCPFRD Encroachment
Permit including furnishing insurance as required
$
by OCPFRD and all permit fees
1
LS
11.
Furnish and install 12-inch SCH 20 FBE lined
and coated steel watermain over East Garden
Grove Wintersburg Channel, including
$"/06.—
$ coo. -
installation of chain link fence and gate
75
LF
12.
Furnish and install 8" blowoff assembly,
including all appurtenances, as shown on these
$
$
plans complete and in place
I
EA
13.
Furnish and install 16" x 4" tee, 4-inch resilient
wedge gate valve and blind flange for future
$
irrigation connection
I
EA
14.
Trench shoring and safety measures
I
LS
$
TOTAL BID AMOUNT
TOT A T,'RM A MOT TNT W WC)P T)Q, -
Notes: All extensions of unit prices will be subject to verification by Owner. In case of a
verification between the unit price and the extension, the unit price will govern.
The Owner reserves the right to reject any or all proposals and bid items.
C-2S
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 workin 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 F�:�,er-s e.,,,din the amount of $ 162'7�t,' — 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-2
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 I Number I 1�
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perfonn the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED 13Y BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange SOWM Ukvjkl
657,pr_q!��e f7r-0-s I- _, being first duly sworn, ! 5eoses and says that he or she is
of 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 associatiola_'�nization, bid depository, or
to any member or agent thereof to effectuate a collusive or slWn bid. N
ame of
'of Bidder
ign/
Box 1-7-(7 0)cc� 97-922-
Address of Bidder
Subscribed and sworn to before me this day of 20(#.
rq,0'*�J=MESC=A1GJAGK�SQN
COMM. #1255944
NOTARY PUBLIC -CALIFORNIA
U) ORANGE COUNTY
My Cornmission Expires
APRIL 3, 2004
NOTARY PUBLIC
NOTARYSEAL
C-4
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the 12-Inch Green Acres Reclaimed Waterline Extension Project,
Goldenwest Street — Warner Avenue to Murdy Park.
(1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in
proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is
defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, isfamiliar with the
operation to be performed and the hazards involved.
The undersigned also promised and agrees that all suc work hall be performed in accordance
S, P I
with all applicable electrical utility companys requir hents, P blic Utility Commission orders,
�m
and State of California Cal -OSHA requirements. , /
The undersigned further promises and agrees that the provisions erein shall be and are binding
upon any subcontractor or subcontractors that may be retained o employed by the undersigned,
and that the undersigned shall take steps as are! necessary to sure compliance by any said
subcontractor or subcontractors with the requirements contained h rein.
Contractor
soadm andww"d eontwtau,
By
Date: _Ta� 1A �Zno�(
Title
51 _F
C-5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On t3, before me,
DATE '
personally appeared - ceorge Frost
James C. Jackson, Notary Public
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
NAME(S) OF SIGNER(S)
No. 5907
personally known to me - OR - 1:1 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
JAMES CRAIG JACKSON k capacity(ies), and that by his/her/their
COMM.#1255944 0
NOTARY PUBLIC-CALIFORNIA (n
signature(s) on the instrument the person(s),
ORANGE COUNTY 0
L
My Commission Expires or the entity upon behalf of which the
APRIL 3,2004
U_ person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OEAOTMY
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
President
TITLE(S)
PARTNER(S) 0 LIMITED
El GENERAL
El ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Southern California Underground
Contractors, Inc.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Rernmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
- DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of pe�ury, 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?
D Yes allo
If the answer is yes, explain the circumstances in the space provided.
Ajc,+e -1-ke-4- -5'C" t--,--S \
k-bex r e d bV
01'elo -Ve+ cjue �-o C'
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPE TION 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 �he bor Code which require every
fo
or w s co P
ker
employer to be insured against liabilit, w7 I ensation or to undertake self-
oid
insurance in actordance with the provisions f that c J, and I will comply with such
provisions before commencing the performayice of the wo k of this contract.
Date:
I S� "-�
,ontractor
M
f Ire
Title
C-7
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 13, �2_C;C,,� before me, James C. Jackson, Notary Public
DATE ' NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared George Frost j
NAME(S) OF SIGNER(S)
personally known to me - OR - El 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-
No. 5907
JAMES CRAIG JACKSON
knowledged to
me that he/she/they executed
5 -a
COMM. #1255944 0
NOTARY PUBLIC -CALIFORNIA U)
the same in
his/her/their authorized
U)
0
ORANGE COUNTY 0
My Commission Expires
capacity(ies),
and that by his/her/their
ne
APRIL 3, 2004
signature(s) on
the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE oFAOT,4RY
_10 OPTIONAL I
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
President
TITLE(S)
PARTNER(S) F-1 LIMITED
El GENERAL
El ATTORN EY-1 N- FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Southern California Undercjround
Contractors, Inc.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Rernmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days b(
Dig Alert Identification Number:
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by USA,
during the course of the Work. Additionalforms may be obtainedfrom the AGENCY
upon request.
C-8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On before me, james C. Jackson, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC"
No. 5907
personally appeared Ceorge Frost
NAME(S) OF SIGNER(S)
personally known to me - OR - El 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
77ES CRAIGJ CKSON the same in his/her/their authorized
COMM. # 1255944 0
NOTARY PUBLIC -CALI FOR NIA 0 capacity(ies), and that by his/her/their
Q ORANGE COUNTY 0
My Commission Expires signature(s) on the instrument the person(s),
0 APRIL 3,2004
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF N6TA<Y
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
1:1 INDIVIDUAL
12 CORPORATE OFFICER
President
TITLE(S)
PARTNER(S) El LIMITED
El GENERAL
D ATTORNEY -IN -FACT
1:1 TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Southern California Undergro
Contractors, Inc.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Rernmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
BII)k R'S INFORMATION
BIDDER certifies that the following information is true and correct:
Swam 641mak, "WW"d &dwd#Ul 19k
Bidder Name
1-7 " -_7
Business Address
- Lr-e C— 4fz Tr)-e27— -
City, §tate Zip
6-�9— �Z25�7
Telephone Number
611 S sr,,,. Z-4
State Contractor's License No. and Class
N,TEIt
Original Date
21 1 2 C-9 C)_5
Expiration Date I
The work site was inspected by 6c&,m -S7- of our office on.
If
The following are persons, firms, and corporations having a principal interest in this proposal:
r--O
9 1 1 5-ee__ IF 7�4e�5
C-9
The undersigned is prepared to
financially or otherwise, to p
accordance with the plans an7
Signature of
the Council of the City of Huntington Beach of its ability,
�e contract for the proposed work and improvements in
,�ijns set forth.
afi�wwwtd codwtou, 'gra,
1f:7r-C_q S-r-
Printed or *ed Signature
Subscribed and sworn to before me this 11 day of 20OX�.'
JAMES CRAIG JACKSON
COMM. #1255944 0
NOTARY PUBLIC-CALIFORNIA 0
ORANGE COUNTY 0_1
0 My Commission Expires
I APRIL3,2004 J
NOTARY PUBLIC
NOTARYSEAL
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. - _:!:�e -e . a /�� C_ ke- 0A,
Name and Address of Public Agency
2.
93
Name and Telephone No. of Project Manager:
Contract Amount
Type of Work
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount
Type of Work
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-10
Rev 12/17/03
Southem Cafifomia Underground Contractors, Inc.
Contract References
Los Angeles County Department of Public Works, $1,471,000
"Atlantic Avenue - Phase 11" (Compton)
Mr. Johnny Oghoorian (626) 712-4820
Mr. Issa Adawiya (626) 786-5807, (626) 458-4931
Los Angeles County Department of Public Works, $6,200,000
"Project 9037" (Long Beach)
Mr, Rene Bracamontes (626) 487-9254
City of Yorba Linda, $723,000
"Denver Avenue Storm Drain" (Yorba Linda)
Mr. Scott Walker (714) 875-4714 (714) 986-9546
Los Angeles County Department of Public Works, $138,000
"Project 554" (Monrovia)
Mr. Victor Bermude (626) 688-8275
Los Angeles County Sanitation Districts, $8,380,000
"Joint Outfall "H", Unit 2" (Paramount)
Mr. David Haug (310) 830-8050
Mr. Dan Cory (310) 701-4925
Los Angeles County Department of Public Works, $504,000
"l 10 th Street Drain" (Athens)
Mr. Jimmy Shadab (310) 770-1990
Los Angeles County Sanitation Districts, $1,404,000
"Wright Road Replacement Trunk Sewer" (Long Beach)
Mr. Jon Ganz (310) 830-8050
City of Seal Beach, $652,000
"Seal Beach Boulevard Rehabilitation" (Seal Beach)
Mr. Gary Tomasetti (714) 412-2262
City of Beverly Hills, $259,000
"Roxbury Drive Storm Drain" (Beverly Hills)
Mr. Ara Maloyan (310) 285-2557
Rev 12/17/03
Page 2 of 2
Contract References
County Department of Public Works, $1,102,000
"Access Roads Project" (Los Angeles County)
MT. Jimmy Shadab (310) 770-1990
Los Angeles County Department of Public Works, $721,000
"Hollyhills Drain" (Beverly Hills)
Mr. Tony TaJoli (626) 695-7292
Los Angeles County Department of Public Works, $1,200,000
"De Soto Avenue Drain " (Chatsworth)
Mr. Gary Ewells (626) 335-3966, (805) 338-3654
City of Rialto, $270,000
"Baseline Waterline" (Rialto)
Mr. Mark Devlin (909) 820-2533
Los Angeles County Department of Public Works, $5,800,000
"Devonshire Drain- Unit I" (North Hills)
Mr. Del Quevedo (626) 458-6310
City of Vernon, $1,220,000
"CMD Sewer Phase 11" (Vernon)
MT. Vince Rodriguez (323) 583-8811
Los Angeles County Department of Public Works, $2,300,000
"Burnett Drain" (North Hills)
Mr. Imad Abboud (626) 458-3104
Los Angeles County Department of Public Works, $2,200,000
"Paula Drain" (Glendale)
Mr. Ruben Amezcua (323) 720-9768
City of Chula Vista, $81,000
"Halecrest Drive Storm Drain" (Chula Vista)
Mr. Byron Wade (619) 476-5385
Los Angeles County Department of Public Works, $880,000
"Bombardier Drain" (Norwalk)
Ms. Sumitha Shivel (626) 458-3104
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
. CITY CLERK
February 18, 2004
Southern California Underground Contractors, Inc.
P. 0. Box 1747
Brea, CA 92822-1747
Re: CC-1 192 - Waterwell No. 8 Pipeline - Irrigation Water to Central Park
CALIFORNIA 92648
Enclosed please find your original bid bond issued by The American Institute of
Architects issued for CC-1 192.
Connie Brockway, CMe
City Clerk
CB:pe
Enclosure
g:/followup/cashconVretumbidbond.doc
procedure #13
(Telephone: 714-536-5227)
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
5 3 V �Ic
KNOW ALL MEN BY THESE PRESENTS, that we Southern California Underground
lHere insert full name and address or legal title of Contractor)
Contractors, Inc., P.O. Box 1747, Brea, CA 92822-1747
as Principal, hereinafter called the Principal, and International Fidel rance Company, 1575 Treat
(Heret�l name and address or legal title of Surety)
Boulevard, Suite 208, Walnut Creek, CA 94596
a corporation duly organized under the laws of the State of New Jersey
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach
(Here insert full name and address or legal title of Owner)
2000 Main Street, Huntington Beach, CA 92648
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount of the Bid
Dollars ($ 10.00%
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for 12-inch Green Acres Reclaimed
(Here insert full name, address and description of project)
Waterline Extension Project
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful pe f anc f such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or Ze7renteoof the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pa to e li*e the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger a i t for wh�h the Obligee may in good faith contract
. . �104�
with another party to perform the Work covered by said bid, then this obligation hall be null and void, otherwise to remain
in full force and effect.
Signed and sealed this 13th
(Witness)
(Witness)
See Attached Surety All -Purpose
Notary Acknowledgment Form
da:y of January )02004
South lifqj_a Underground Contractors, Inc.
(Principal) (Sea))
By:
(Title)
International/idelity Insurance Company
urety) (Seal)
By: r,,l —0 r �7 6��
I ((yitle3
Mark E. Shreckengast, I*omey-in-Fact
AIA DOCUMENT A210 - BID BOND - AIA 0 - FEBRUARY 1970 ED - THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006
ePrinted on Rec)vled Paper 9193
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On !7�.j'j5E!L�f 13, rZC;C.;'9_ before me, James C. Jackson, Notary Public
I DATE ' NAME, TITLE OF OFFICER - E,G., "JANE DOE, NOTARY PUBLIC"
personally appeared c-peorge Frost I
NAME(S) OF SIGNER(S)
personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
JA - MES CRAIG . JACKSON knowledged to me that he/she/they executed
COMM. #1255944 o the same in his/her/their authorized
NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY 0. capacity(ies), and that by his/her/their
Q my commission ExPirp-S signature(s) on the instrument the person(s),
APRIL3,2004
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
9c_'.e� czt__�
SIGNAjYRE 06NOTARY
OPTIONAL
No. 5907
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
President
TITLE�S)
El PARTNER(S) El LIMITED
0 GENERAL
D ATTORNEY -IN -FACT
11 TRUSTEE(S)
El GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Southern California Underground
Contractors, Inc.
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Rernmet Ave,, P.O. Box 7184 - Canoga Park, CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
County of Los Angeles
On Jan ary 13, 2004 before me, Laura L. Hanna, Notary Public, personally appeared Mark E. Shreckengast
.................
LAURA L HANNA
COMM. # 1452703
NOTA" PUBLIC, CALIPORNIA Z
LOS ANGELES
my COMM. EWM 14000%%N17
is —4
Place Notary Seal Above
Optional
Personally known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same
in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent firaudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document
Signer(s) Other Than Named Above;
Capacity(ies) Claimed by Signer
Signer's Name:
—Individual
__Corporate Officer - Title(s):_
Partner--Limited—General
X Attorney -in -Fact
Trustee
Guardian
—Other:
Signer is Representing:
Number of Pages�
Tel (93) 624-7200 kOWER OF ATTORNEY
INTERNATIONAL FIDELITY INSURANCE COMPANY
HOMIE OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
FOR BED BOND/P.IDFP./CONSENTS/AFTWAVrrS
KNOW ALL MEN BY THESE PRESENTS- That INTERNATIONAL FTIDEL]rrY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
MARK E. SHRECKENGAST, JULIE X. ORMONDROYD
,Los Angeles, CA.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writins obligatory in the nature thereof, which are or may be allowed, red pr perinitted by law, statute, rule, Mation, contract or otherwise, and
the execution of such instrument(s) in pursuance of these presents, shall 7as bmdmg upon the said INTERNA NAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all ifitents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3. of the By -Laws adopted by the Board of
Directors of INTERNATIONAL FTDELrff INSURANCE COMPANY at a meeting called and held on the 7th day of -February. 1`974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys -in -fact, and to authorize diem to execute on behalf of the Company. and attach the Seal of the Company thereto, bonds and
underiakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any tim, any such attomey-in-fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29di day of -April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or ag certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindhig upon the Company and any
such power so executed and certified by facsimile s4inatures and facsimile seal shall be valid and binding upon the Company in e future with respect to any
bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, INTERNATIONAL FWELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 3 1 st day of August, A.D. 1998.
INTERNATIONAL FWELITY INSURANCE CO
SEAL
STATE OF NEW JERSEY
County of Essex
<;? ent
Vice- ident
On this 31st day of August 1998, before me came the individual who executed the reced instrument me rsonal known, and, being by me duly
' qELrff CE C MPANY; that the wal affixed to
sworn, said die he is the therein described and authorized officer of the INTERNAW10NALM - 9'�=
said instrument is die Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
.C_
CO NOTARY
0
PUSLIC
VJEV� A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2005
1. the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that die same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONYWHEREOF, I have hereunto set my hand this 13th dayof January, 2004.
4(*1 ! . ��' 0 4
Assistant Secretary
SRDENGINEERING, INC.
3578 E. Enterprise Dr.
Anaheim, CA 92807
Tel (714) 630-2480
Fax (714) 630-2484
City Clerk
City of Huntington Beach
2000 Main Street, Second Floor
Huntington Beach, CA 92648
"SEALED BID"
For
12-INCH GREEN ACRES RECLAIMED
WATERLINE EXTENSION PROJECT
FROM
GOLDENWEST STREET, WARNER
AVENUE TO MURDY PARK
CITY OF HUNTINGTON BEACH — DO NOT
OPEN WITH REGULAR MAIL
CITY Or
11 U N T INI i'� 1'0 N A C [1, C A,
2004 JAIN 13 I-D 1. 3�
SECTION C
PROPOSAL
for the
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
from
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
CASH CONTRACT No. 1192
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 60 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
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 X;Jc1er�,%*4in the amount of $,zA; 3%4-re, 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. DateSeceived BiddejOsSignature
C-2
PROJECT BID SCHEDULE
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
Item
Size -
No.
Description
Quantity
Unit
Unit Cost
Total Cost
1 .
Mobilization
1
LS
$ 1,7zaq- d
2.
Furnish and install 12-inch PVC pipeline in
Goldenwest Street with nitrile (NBR) gaskets, and
connection to the existing watermain north of
Warner Ave., including all valves, fittings, and
appurtenances, pavement sawcutting and
removal, excavation, backfill, surface repair, and
thrust restraint, as shown on these plans, complete
and in place.
610
LF
$
3.
Furnish and install 16-inch PVC pipeline in Well
No. 8 access road with nitrile (NBR) gaskets,
including all valves, fittings, and appurtenances,
pavement sawcutting and removal, excavation,
backfill, surface repair, and thrust restraint, as
$ /7.3.
shown on these plans, complete and in place.
100
LF
4.
Furnish and install 2-inch air and vacuum
assembly, including all valving, fittings, and
appurtenances, as shown on these plans, complete
and in place.
I
EA
$.3710.0.0
$ ;fee.
5.
Furnish and install 4-inch temporary blowoff for
pressure testing, including all appurtenances, as
shown on these plans complete and in place.
2
EA
$ -Z,, r3
$
6.
Chlorination and testing of all new water mains
and appurtenances, complete and in place.
I
LS
$
7.
Traffic control throughout work area, including
preparation of traffic control plans.
1
LS
$26 &06
8.
Demobilization and Cleanup
$ 4,5-04'.
$ �00
I
LS
C-Is
�1
PROJECT BID SCHEDULE
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
Item
Size -
No.
Description
Quantity
Unit
UnitCost
TotalCost
9.
Pothole existing utilities as directed by and in the
presence of the City inspector, including
$
$/3
pavement repair and traffic control.
20
EA
10.
Coordination and obtain OCPFRD Encroachment
Permit including furnishing insurance as required
$R5-00.0c
$2
by OCPFRD and all permit fees
1
LS
11.
Furnish and install 12-inch SCH 20 FBE lined
and coated steel watermain over East Garden
Grove Wintersburg Channel, including
$
$ .2 /J 91;rx
Installation of chain link fence and gate
75
LF
12.
Furnish and install 8" blowoff assembly,
including all appurtenances, as shown on these
$
3 a -0 - coo
plans complete and in place
I
EA
13.
Furnish and install 16" x 4" tee, 4-inch resilient
wedge gate valve and blind flange for future
$ t"000-v
$ Y" ao*,
irrigation connection
I
EA
I
14.
Trench shoring and safety measures
I
LS
$:�t'.000 .00
1 $ �gj
TOTAL BID AMOUNT drA Q, —3 (0, & -; t' 0
TOTAL BID AMOUNT IN WORDS:
r44 �r a 7-/t e r Wvc
dat.� -rev-,
Notes: All extensions of unit prices will be subject to verification by Owner. In case of a
verification between the unit price and the extension, the unit price will govern.
The Owner reserves the right to reject any or all proposals and bid items.
C-2S
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name and Address ofSubcontractor State License Class
of Work Number
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
Scow P4,11" being first duly sworn, deposes and says that he or she is
7 "W-s "-/o -V -A Of J/rp X844. the party making the
foregoing bid that the bid is not made in the interest of, oron 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.
S"r P 'E es-w Z'4
Name of Bid -der
Signature of Bidder Pv -% -/-
3�-T'j Ir E. P-4 P—V4.
Address of Bidder 4*,4 4,o,'#"l CW
Subscribed and swomto beforeme this /319 dayofZqtt �,20W.
NAWY BEMew
CWMbsbn # 1410413
Nokuy PuM - CaMomia
offlmp cots*
11 k*CMW60ftApr1).2oo4
NOTARY PUBLIC
NOTARY SEAL
C-4
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in the
contract, known as the 12-Inch Green Acres Reclaimed Waterline Extension Project,
Goldenwest Street — Warner Avenue to Murdy Park.
(1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in
proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is
defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved. "
The undersigned also 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: V1,310 91
.SZD E jffJ, '4
Contractor
By Sez-olf
pl"S-Ilrwel.9011
Title
C-5
- DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of pe�ury, 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?
Q Yes gNo
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date: V/,2/0 V,
S4T%> S
Contractor
By S-COW
Title
C-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
Contractor
0
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U.S.A.
during the course of the Work. Additionalforms may be,obtainedfrom the AGENCY
upon request.
C-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
- .5 TP E ,.q ;*4 ce-
Bidder Name
- - JX79 R. K
Business Address
Alm,, 4*,ui ew 'Y.ZS*7
City, State ZIP
(71y') ('30'.ZV9,0
Telephone Number
6 VY2-7-3 4
State Contractor's License No. and Class
1771
Original Date Issued
Expiration Date
The work site was inspected by ofourofficeon 200f.'
The following are persons, firms, and corporations having a principal interest in this proposal:
--�; C . W P. . P10-e-JI/ "4AW"l,
C-9
The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
-SR V —C Cc r 0�9
Company Name
Signature of Bidder
$ e- 0 W224 --, z!;�!
Printed or Typed Signature
— — — — — — — — — —
Subscribed and sworn to before me this /Aday of 200Y NANCY BEMENT
Commkslon # 14) 0413
Nokiry Put*C . Camomia
0owwCourk
J*'*C0WL&pbnAlx11,�
-V V
NOTARY PUBLIC
NOTARYSEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
2.
3.
-T -C -e— 41 #� -
Name and Address of Public Agency
Z'
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Completed
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Contract Amount
Name and Address of Public Agency
Type of Work
Name and Telephone No. of Project Manager:
Date Completed
Contract Amount Type of Work Date Completed
C-10
PROPOSAL
Proiects Completed
Project: Edinger Ave. Widening Between Red Hill & Jamboree Rd.
Owner: City of Tustin/Excel Paving Co.
Engineer: Dave Garrett, Project Manager
Telephone: 562-599-5841
Contract Amount: $704,711
Date Completed: June 2002
Project: Pressure Regulating Station #55
Owner: City of Anaheim
Engineer: David Entsminger, Principal Water Engineer
Telephone: 714-765-4165
Contract Amount: $58,280
Date Completed: July 2002
Project: Various Improvements to 5 Catch Basins in Downtown Huntington Beach
Owner: City of Huntington Beach
Engineer: Steve Krieger, Asst. Civil Engineer
Telephone: 714-536-5259
Contract Amount: $65,236
Date Completed: October 2002
Project: Urban Runoff Diversion Project, CC #1181
Owner: City of Huntington Beach
Engineer: Joseph Dale, Contract Administrator
Telephone: 714-536-5915
Contract Amount: $77,800
Date Completed: November 2002
Project: Pointe Vicente Interpretive Center Storm Drain
Owner: City of Rancho Palos Verdes
Engineer: Nicole Jules, Senior Engineer
Telephone: 310-544-5252
Contract Amount: $298,055
Date Completed: January 2003
PROPOSAL
Proiects Completed
Project: Alicia Parkway Baffle Box Structure/Cash Contract No. 02-13
Owner: City of Laguna Niguel
Engineer: Nicholas Renn, Sr. Civil Engineer
Telephone: 949-362-4341
Contract Amount: $105,624
Date Completed: June 2003
Project: Citywide Catch Basin Replacement Project
Owner: City of Palos Verdes Estates
Engineer: Wendy Proulx
Telephone: 310-378-0383
Contract Amount: $65,800
Date Completed: August 2003
Project: Grove Avenue Grade Separation
Owner: City of Ontario/Yeager-Skanska Inc.
Engineer: Frank C. Riggins, Project Engineer
Telephone: 909-721-9740
Contract Amount: $2,269,378
Date Completed: November 2003
Project: Reconstruct Compost Storm Water Filter System/Contract No. 12-OC9444
Rte 73 Tollway in Orange County
Owner: State of California Dept. of Transportation — District 12
Engineer: Jose L. Berrios, Resident Engineer
Telephone: 714-556-3860
Contract Amount: $2,701,853
Date Completed: December 2003
j CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
February 18, 2004
SRD Engineering, Inc.
3578 E. Enterprise Dr.
Anaheim, CA 92807
Re: CC-1 192 - Waterwell No. 8 Pipeline - Irrigation Water to Central Park
Enclosed please find your original bid bond issued by Fidelity and Deposit Company
(Bond #08560208) issued for CC-1 192.
Connie Brockway, CN(C
City Clerk
CB:pe
Enclosure
g:/followup/cashcont/retumbidbond.doc
procedure #13
(Telephone: 714-536-5227)
Bond No...9-85OKU
PREMIUM -NIL
Fidelity and Deposit Company
POST OFFICE BOX 1227 OF MARYLAND
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, SRD ENGINEERING,. INC.
- ---------- - ------- - -------- -------
BALTIUORE. UD 21203
as Principal, (hereinafter called the "Principal").
and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation
duly 4organized under the Laws of die State of Maryland, as Surety, (hereinafter called the "Surety"), are held and
ftn* bound unto____LIDELITY AND DEPOSIT COMPANY OF MARYLAND ........ . . ........
- — - - ------------------------ — ----------- — -------- - - — - --------- -.---.---as Obligee, (hereinafter called the "Obligee"),
TEN PERCENT OF AMOUNT BID 10%
inthe sum of ---------------------- - ------------- — - --------------- — ---- - -------------------- Dollars (S ------------------------
for the paymnt 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 seveally, firmly by these presents.
WHEREAS. the Principal has submitted a bid for ------------------ — - ---------------------------- --------- - ----------------------------- -----
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
--- - ----------------- -------- --------------- -------------- ----------------------- - ------
NOW, THEREFORE, if die 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 die 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 ftill force and effect.
Signed and sealed this -----------------_ 7TH JMNUAR.Y
-------- day of - - ----- - - ------------------------------------------- A.D.,2004
SRD ENGINEERING, INC.
--- ------------------------------ — ----------------------------------- (SEAL)
-Cipal
rness By Pi 1!5�
--------------------- ----------
FIDELITY
..................... ................. ........................................
Wimess
C32sr—so". 1_92
C"(� so AMCC� 149*Wc 0( ArCMMU Ow�al A 310.
Fcb�,y 1970 Uais.
AND DEPOSIT COMPANY OF MARYLAND
y
By ---- ........... ��_.�..(SEAQ
DAVID L. CULBERTSON / 7-ale
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE (D.F CALIFORUIA
COT:jNTY O.F ORANGE
On 1-7-04 before me,
LEXIE SHERWOOD - NOTARY PUBLIC
personally appeared DAVID L. CULBERTSON -17 personally
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument the person or the entity 'upon behalf of which the
person acted, executed the instrument.
WITNESS my hand and official seal.
L 1E SHERWOOD2,
0 COMM # 1311304
0 NOTARY PUBLIC-CALIFORNIA
___Sj_gn_a__fu_1:g�_of Ndt,ry - 'PX1'11C"_ .7 ORANGE COUNTY 0
JOCOMM. EXP. JULY 27,2005 "
t
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment of this form.
DESCRIPTION OF ATTACHED DOCUMENT
BID BOND
TZTLK OR 27PE OF DOCVNE2ff
a . &
CAPACITY CLAn-XD BY SIGTER
E] INDIVIDUAL El CORPORATE OFFICER
TITLE (S
PARTNER(S) ATTORNEY- IN- FACT 1:1 TRUSTEE(S)
E] OTHER:
SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
NAME OF PERSON(S) OR ENTITY(S)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, w set forth on the reverse
s constitute and
side hereof and are hereby certified to be in full force and effect on the date hereof d
appoint David L. CULBERTSON, of Anaheim, California, its true and -I e tt n-Fact, to make,
an d undertakings and
execute, seal and deliver, for, and on its behalf as s ety d a
Ur i.�
the execution of such bonds or undertakings in purSU2,r e g upon said Company, as fully
and amply, to all intents and purposes, a� i
wledged by the regularly elected officers
of the Company at its office in n ns. This power of attorney revokes that issued on
behalf of DaNid L. A,
The,said Assistant the extract set forth on the reverse side hereof is a true copy of Article VI.
Section 2, of the By- 8tWa�y', and is now in force.
IN WITNESS WftE OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this 24th day of July, A.D.
2003.
ATTEST:
ell
State of Maryland ss:
City of Baltimore I
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
T. E. Smith Assistant Secretary
By:
Paul C Rogers Vice Presiden,
On this 24th day of July, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, dul,
comniissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of &
FIDELITY AND DEPOSIT CON1PANY OF MARYLAND, to me personally known to be the individuals and officer
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and bein:
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesak
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Sec
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction c
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first abo-,
written.
Dennis R. Hayden Notary PubL
My Commission Expires: February 1, 2005
POA-F 012-4150E
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article V1. Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee.
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations.
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages .... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
Z�
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This 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 I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanicaIly 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 7TH - day of JANUARY 2004
Assistant Secretary
4',
BIDDER: VCI TELCOM, Inc.
1921 W. 11-th Street
Upland, Ca. 91786
CITY OF'
H U IN, F I N "i T 0.11 BEACH, CA
2004 JAN 1 _3 P 1: 4 2
SECTION C
PROPOSAL
for the
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
from
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
CASH CONTRACT No. 1192
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 60 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions - to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
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 Bid Bond in the amount of $ 10 fb — 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!�Signature
NONE
C-2
PROJECT BID SCHEDULE
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
Item
Size -
No.
Description
Quantity
Unit
Unit Cost
Total Cost
1.
Mobilization
I
LS
$10,000
$10,000 0
2.
Furnish and install 12-inch PVC pipeline in
Goldenwest Street with nitrile (NBR) gaskets, and
connection to the existing watermain north of
Warner Ave., including all valves, fittings, and
appurtenances, pavement sawcutting and
removal, excavation, backfill, surface repair, and
thrust restraint, as shown on these plans, complete
$205.20
$1 25-j 72
and in place.
610
LF
3.
Furnish and install 16-inch PVC pipeline in Well
No. 8 access road with nitrile (NBR) gaskets,
including all valves, fittings, and appurtenances,
pavement sawcutting and removal, excavation,
backfill, surface repair, and thrust restraint, as
$117 QQ
$11,7-U— 0
shown on these plans, complete and in place.
100
LF
4.
Fumish and install 2-inch air and vacuum
assembly, including all valving, fittings, and
appurtenances, as shown on these plans, complete
$1 607-
)$ 6Q7-0
and in place.
I
EA
5.
Furnish and install 4-inch temporary blowoff for
pressure testing, including all appurtenances, as
$1,000
$9 n o o - o o
shown on these plans complete and in place.
2
EA
6.
Chlorination and testing of all new water mains
$ 3, 450
$3,450-00
and appurtenances, complete and in place.
I
LS
7.
Traffic control throughout work area, including
$ 4,000
$4,000.00
preparation of traffic control plans.
I
LS
8.
Demobilization and Cleanup
$ ?, r00
$2 , 500. 00
I
LS
U1
to]
C-is
PROJECT BID SCHEDULE
12-INCH GREEN ACRES RECLAIMED WATERLINE EXTENSION PROJECT
GOLDENWEST STREET, WARNER AVENUE TO MURDY PARK
Item
Size -
No.
Description
Quantity
Unit
Unit Cost
Total Cost
9.
Pothole existing utilities as directed by and in the
presence of the City inspector, including
$ 19S-O
$3,900. C
pavement repair and traffic control.
20
EA
10.
Coordination and obtain OCPFRD Encroachment
Permit including furnishing insurance as required
by OCPFRD and all permit fees
I
LS
$?,-Ioo
$2,100- C
11.
Furnish and install 12-inch SCH 20 FBE lined
and coated steel watermain over East Garden
Grove Wintersburg Channel, including
$ 24S-00
$18,375.0
installation of chain link fence and gate
75
12.
Furnish and install 8" blowoff assembly,
including all appurtenances, as shown on these
$5,400
$ 5, 4 0 0 OC
plans complete and in place
I
EA
.
13.
Furnish and install 16" x 4" tee, 4-inch resilient
wedge gate valve and blind flange for future
980- C
irrigation connection
1
EA
14.
Trench shoring and safety measures
I
LS
$2-,-600
$2,600'-
TOTAL BID AMOUNT $196,284.00
TOTAL BID AMOUNT IN WORDS:
One HUndred Ninety Six Thousand, Two Hundred eighty
Notes: All extensions of unit prices will be subject to verification by Owner. In case of a
verification between the unit price and the extension, the unit price will govern.
The Owner reserves the right to reject any or all proposals and bid items.
C
C-2s
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion
of Work
Name and Address ofSubcontractor
State License
Number
Class
isphalt
Medina-2537 Rubidoux Riverside Ca
784618
Class A
Test &
lClori4e
Aqua Flow-P.O. box 396 Walnut
768262
Class A
iraffic
1891 Betmor Ln.
Plan Traffic Confrol Eng Anaheim
786790
C-31
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 fumished copies of all subcontracts entered into and bonds
ftimished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
John Xanthos being first duly sworn, deposes and says that he or she is
Vic-,p Prpsidpnt of VCI Telcom, 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.
VCI Telcom, Inc.
Name of Bidder
*i oVBidder
hunr Xanthos-Vf(be-Pres
1921 W. 11th Street Upland Ca -
Address of Bidder
Subscribed and sworn to before me this 1 3th day of- january 2003
NOTARY PUBLIC
I . . . . . . . . . . . . . . . . TERE�A VAZQUEZ-'1
COMM. #1372654
NOTARY PUBLIC
- CALIFORNIA
SAN BERNARDINO COUNTY CQ
OlMy Comm. Expires Aug, 31, 2006
- —WM" ---- — -
C4
NOTARYSEAL
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 12-Inch Green Acres Reclaimed Waterline Extension Project,
Goldenwest Street — Warner Avenue to Murdy Park.
(1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in
proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is
defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, isfamiliar 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 ftirther 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: 1 /13/2004
VCI TelcommInc.
Contractor
, \6 *11�
By Tn-lxanthos
Vi&e President
Title
C-5
. DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of pedury, 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?
El Yes CM No
If the answer is yes, explain the circumstances in the space provided.
N/A
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date: 1/13/2004
VCI Telcom, Inc.
Contractor
Wom *-I'-
By�jWo'h'h Xanthos
Title
Vi(�e President
C-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Pen -nit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number:
VCI Telcom, Inc
Contractor
k AWqV'-',
11
Lthos
B�j
Vice President
Title
Date: 1/1.3/2004
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 A GENCY
upon request.
C-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
VCI Telcom, Inc.
Bidder Name
1921 W. 11th Street
Business Address
Upland, Ca. 91786
City, State zip
( 909)946-0905
Telephone Number
765716 A, C1 0
State Contractor's License No. and Class
7/31/1993
Original Date Issued
7/31/2005
Expiration Date
The work site was inspected by Joe Clavaeu ofourofficeon 1/7/2004 52003.
The following are persons, firms, and corporations having a principal interest in this proposal:
Royce Jaime -President
John Xanthos-Vice President
Al Ruiz -Vice President
C-9
The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
VCI Telcom, Inc.
Company Name
Signature of
ohn Xanthos
John Xanthosg Vice President
Printed or Typed Signature
Subscribed and sworn to before me this 13 day of January _, 2003 .
NOTARY PUBLIC
1@TERESA VAZQUEZ
COMM. #1372654
NOTARY PUBLIC -CALIFORNIA
SAN BERNARDINO COUNTY M
1My Comm. Expires Aug. 31, 20061
NOTARYSEAL
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:
City Of Redlands-35 Cajon Street Suite 222 Redlands Ca- 92373
Name and Address of Public Agency
Name and Telephone No. of Project Manager: (909)798-7586- Alan Griffith
$108,700.00 Water and Sewer 4110.120nl
Contract Amount Type of Work Date Completed
2. Coachella Valley Water Dist.-P.O. Box 1058 Cnanht-llaf r-a- 92236
Name and Address of Public Agency
Name and Telephone No. of Project Manager: Jorge Meza-(760)398-2651
$187,046.00 Water Utilities 4/30/3003
Contract Amount Type of Work Date Completed
3. City Of Oxnard-305 W. 3rd St. Oxnard Ca. 93030
Name and Address of Public Agency
Name and Telephone No. of Project Manager: Lou Balderama-(805)385-7860
$419,273.47 Water Utilities 12/01/2003
Contract Amount Type of Work Date Completed
C-10
State of— Cnl i finirnin
County of San Bernardino
on 1-13-0(4 beforeme, Tprpqa Vazguez
(DATE) INAME[TITLE OF OFFICER-i.e."JANE DOE, NOTARY PUBLIC1
personally appeared jokh xa&�kz
INAME(S1 OF SIGNER(S)l
&0 personally known to me -OR- 0
TERESA VAZQrEZ'kl
COMM.#1372654
NOTARY PUBLIC -CALIFORNIA
SAN BERNARDINO COUNTY M
my Comm. Expires Aug. 31,2006
(SEAL)
roved to me on the
asis 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.
. �: �__ __ - /. -, _. I.,
ISIGNATURE OF NO
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. I
0'. 0--altAu .
MUST BE ATTACHED I
TO THE DOCUMENT NumsbarofPages 10 Date of D..,
DESCRIBED AT RIGHT:
Signerls) Odw Than Narned Above
WOLCOTTS FORM 83240 Rev. 3-94 (price cleas 8-2A) 4) 1994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS
RIGHT THUMBPRINT lOptionall
CAPACITY CLAIMED BY SIGNER(S)
OINDIVIDUAL(S)
IVCORPORATE
OFFICEMS)
OPARTNER(S) OLIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(S)
OGUARDIAN/CONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
IN*nw of Personis) or Entity(ies)
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGINER(S)
OINDIVIDUALIS)
OCORPORATE
OFFICER(S)
MTUES1
OPARTNIER(S) OLIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(S)
OGUARDIAN/CONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
INarne of Personis) or Entitylies)
7 775 6324 8
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
February 18, 2004
VC1 Telecom, Inc.
1921 W. I I thStreet
Upland, CA 91786
Re: CC-1 192 -Waterwell No. 8 Pipeline - Irrigation Water to Central Park
Enclosed please find your original bid bond issued by The American Institute of
Architects issued for CC-1 192.
dmz� owlodf�/A;�-
Connie Brockway, CN(C
City Clerk
CB:pe
Enclosure
g:/followup/cashcont/retumbidbond.doc
procedure #13
(Telephone: 714-536-5227)
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A3 10
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
VCI Telcom, Inc.
1921 W. 11 th Street, Upland, CA 91786
as Principal, hereinafter called the Principal, and
Federal Insurance Company
15 Mountain View Road, Warren, NJ 07059
a corporation duly organized under the laws of the State of IN
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Huntington Beach
2000 Main Street, Huntington Beach, CA 92648
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid
Dollars ($ 10,00%
for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Project No. 1192, 12-Inch Green Acres Reclaimed Waterline
Extension Project Goldenwest Street, Warner Avenue to Murdy Park.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 1 3th day of January
\ /44/'M
Teresa VazquejWitnbsj� ary
(Witness) Ed'�Iina M. Burger
2004
AAAAW—
VCITelcom,lnc� 1PA"Im
1� Tpildcipal) (Seal)
,Tnl-.n Xn o-s- Zice President
(Title)
Federal Insurance Cor,"ny
/ (S�� (Seal)
DiLynn Guern (Title)
, Attorney -in -Fact
CONFORMS WITH AIA DOCUMENT A310 9 BID BOND * AIA * * FEBRUARY 1970 ED * THE AMERICAN
INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE.. N.W., WASHINGTON, D.C. 20006
State of rnl i fnrni a
County of San Bernardino
On -10L[ beforeme, Teresa VazQuez
(DATE) INAMEITITLE OF OFFICER-i.o.*JANE DOE. NOTARY PUBLIC-)
personally appeared JQkr\ X 0-nA%Q-s�
(NAME(S) OF SIGNER(M)
0 personally known to me -OR- 0
TERESA VA2QUE-Z-1
COMM. #1372654 'e
NOTARY PUBLIC - CALIFORNIA
SAN BERNARDI
NO COUNTY IM
My Comm. Expires Aug. 31, 2006
roved to me on the
asis 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
�ignature(s) on the
instrument the person(s)
or the entity upon behali
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
ISMATURE OF NOT#RYU/ 61
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 Tda or Too of Docurnentb;J-60nd /q
141!
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT:
Signeds) Ottw Than Named Above
WOLCOTTS FORM 63240 Rev. 3-94 We* dess 8-2A) ODIS94 WOLCOTT$ FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT V41TH SIGNER CAPACITYAEPRESENTATIONfrOVO FINGERPRINTS
PJGHT THUMBPRINT (Optionall
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUALIS)
tPCORPORATE
OFFICER(S) Wee-
OPARTNERIS) OLIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(S)
[3GUARDIAN/CONSERVATOR
OOTHER:
SIGNER W REPRESENTING:
IName of Person(s) or Entitylies)
VC ( fill, I It., C .
RIGHT THUMBPRINT 10ptional)
CAPACITY CLAIMED BY SIGNIERM
OINDIVIDUAL(S)
000RPORATE
OFFICER(S)
MT11%
OPARTNER(S) OLIMITED
OGENIERAL
OATTORNEY IN FACT
OTRIUSTEEISI
OGUARDIAN/CONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Nams of Person4) or EntityVes)
111k1111111111111 1111111111
7 775 632401 8
This Notice pertains t, e following Surety Bond issued by a meML . of the Chubb Group of
Insurance Companies, including Federal Insurance Company, Vigilant Insurance Company and
:Pacific Indemnity Company.
Bond Number: Bid Bond
POLICYHOLDER DISCLOSURE NOTICE
TERRORISM RISK INSURANCE ACT OF 2002
(POLICIES WITH NO TERRORISM EXCLUSION OR SU13LL\IIT AND NO
PREMIUM CHARGE)
You are hereby notified that pursuant to the Terrorism Risk Insurance Act of 2002 (the
"Act") effective November 26, 2002, we are making available to you coverage for losses
ansing out of certain acts of international terrorism. Terrorism is defined as any act
certi ied by the Secretary of the Treasury, in concurrence with the Secretary of State and
the Attorney General of the United States, to be an act of terrorism; to be a violent act or
an act that is dangerous to human Efe, property or infrastructure; to have resulted in
damage within the United States, or outside the United States in the case of an air carrier
or vessel or the premises of a United States Mission; and to have been committed by an
individual or individuals acting on behalf of any foreign person or foreign interest, as part
of an effort to coerce the civilian population of the Uruited States or to influence the
policy or affect the conduct of the United States Government by coercion. Insurance for
acts of terronism is already included in the captioned Surety Bond.
You should know that, effective November 26, 2002, any losses caused by acts of
terrorism covered by your policy will be partially reimbursed by the United States under
the formula set forth in the Act. Under this formula, the United States of An-ienica pays
90% of covered terrorism losses that exceed the statutorily established deductible to be
p 'd by the insurance company providing the coverace. The portion of your annual
al
premium that is attributable to coverage for such acts of terrorism is zero, because we
coulcT not distinaulsh (and separately charge for) acts of terrorism from other causes of
In
loss when we calculated your premium.
If you have any questions about this notice, please contact your agent or broker.
17-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Colorado
County of Arapahoe
On January 13, 2004 before me, Edehna M. Burger
CArl
personally appeared DiLynn Guern
personally known to me - OR - 0 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 helshe/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 Instrument6
WITNESS my hand and official seal,
31C.NAT U049 of NOUPY
My Commission Expires August 24, 2004 Edelina M. Burger
man 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
El INDIVIDUAL
0 CORPORATE OFFICER
7MMS)
C3 PARTNER(S) 0 umrTEo
M ATTOANEY-IN-FACT F1 GENERAL
Q TRUSTEE(S)
Q GUAADIAN/CONSIERVATOP
C3 OTHER:
SIGNER IS REPRESEN71NG:
"AMC OP "ASCIAM CA VMrr(JES)
Federal insurance Company
1cw GF 416
DESCRIPTION OF ATTACHED DOCUMT
Bid Bond
TITLE OR TYPE OF DOCUMENT
4
NUMBER OF PAGES
13, 2 13 0 4
DATE OF DOCUMEN T
$;GNER(S) OTHER THAN NAMED ABOVE
Chubb
OF
Federal Insurance Compa.,,r
Vigilant Insurance Company
Attn: Surety Department
IS Mountain View Road
Surety
ATTORNEY
Pacific Indemnity Company
Warren, NJ 07059
Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VlGILAfAT INSURANCE COMPANY, a Now York corporation,
and PACIFIC. INDEMNITY COMPANY. a Wisconsin corporation, do each hereby constitute and appoint GLORIA C BLACKBURN of DALLAS, TEXAS;
FLORIETTA ACOSTA, FRANK C PENN. KRISTEN MCCORMICK, KEVIN W MCMAHON. PAMELA J HANSEN, DILYNN GUERN, DONALD E APPLEBY,
CYNTHIA M BURNETT, DOUGLAS J ROTHEY. J R RICHARDS of DENVER, COLORADO—
each as their true and lawful Attorney -in- Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their
behalf as surety thereon or otherwise, bonds (other than ball bonds) and undertakings given or executed in the course of its business (but not to include any
instruments amending or altering ft same, nor consents to the modification or alteration of any instrument referred to in said bonds or obligations�
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed
and attested these presents and affixed their corporate seals on this 9th day of September, 2003
4 1/
t��Ze, zl_en�
Kenneth C. Wendel. Assistant Secretary I
STATE OF NEW JERSEY
35.
County of Somerset
'4-01I
t44amni==
Frahk VRobertson, Vice Vresident
On this 9th day of September, 2003 . before me, a Notary Pubic of Now Jers sy, pers; onally came Kenneth C. Wendel, to me known to be Assistant
Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDBANITY COMPANY, the companies which executed
the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me dUly sworn, did depos a and say that he is Assistant Secretary of FEDERAL
INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows this corporate seals thereof, Ulm the seals
affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he
signed said Power of Attorney as Assistant Secretary of said Companies by We authority*, and that he is acquainted with Frank E. Robertson. and knows him to
be Vice President of said Companies; and that the signature of Frank E Robertson, subscribed to said Power of Attorney is in the genuine handwriting of Frank
E Robertson, and was thereto subscribed by authority of said By -Laws and in deponenrs presence.
Notarial Seal MARA CAM
N0tNyPJft$ft0INWJ1110y
No. V111=
COWAft EVW NOK 16. 2=
SAO
Notary Pubic
CERTIFICATION
Extract from the By -Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY:
"AN powers of attorney for and an behalf of the Company may and 3hall be executed in the name and on behalf of the Company, either by the
Chairman or the 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 officem may be engraved. printed or lithographed. The signature of each of the following offirers:
Chairman, President, any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary and the seal of the Company
may be affixed by facsirrille to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -in -Fact
for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and 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 cortified by such facsirnile signature and facsimile seal shall be valid and binding upon the Company with respect to any bord or
undertaking to which I is attached."
1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY
Pe 'Companies*) do hereby codify that
0) the foregoing extract of the By -Laws of the Companies Is true and correct,
the Companies are duly ll�ensed and authorized to tran3act surety business in all 50 of the United States of America and the District of
Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are kensed in Puerto Rico and the U.S. Virgin
Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and
the foregoing Power of Attorney is true, correct and in full tiorce and effect.
Given under my hand and seals of said Companies at Warren, NJ t1nis January 13, 2004
W
Kenneth C. WandsL Ai3istant Secretary
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY
US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY
Telephone (908) 903-3493 Fax (908) 903-3656 e-mail: surety@chubb.com
Form 15-10-0226 (Ed. 5-03) NON -CONSENT