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NASHAT DESIGN & CONSTRUCTION, INC. - 1993-08-16
4 I have received MAINTENANCE BOND for FLORIDA-YORKTOWN STREET IMPROVEMENTS; CC-873 on behalf of the "treasurer's Office. Dated -/- %1 ' 9y� By NASHAT DESIGN & CONSTRUCTION, INC. 2922 SANTA MONICA BLVD., #A SANTA MONICA, CA 90404 ';;� 4$L�1swlftr' 4 of alh, 11 osco The Insco/Dico Group MAINTENANCE B N� G�Z KNOW AL NAISIIAT DESIGN AIVD CANSTRUCTION, INC. DBA & STANFORD CONSTRUCTION IN BOND NO: 137087P PREMIIULNI: S N/A L\CLUDED IN PERFORMANCE BO\D THAT we. , C • , as Principal. and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH TWO HUNDRED THIRTY-THREE THOUSAND 233,245.00------ � as Obligee, in the sum of �O rUNgRE? FORTY—FIVE i4Np �10/10�=- 'r Dollars. for which payment. well an tru v to be made, we bin ourse yes, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS. the above named Principal entered into an agreement or agreements with said Obligee to: FLORIDA/YORKTOWN ENHANCEMENT AREA CC -873 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW. THEREFORE, if the above Principal shall indemnifv the Obligee for all loss that Obligee may sustain by reason of anv defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void. otherwise to remain in full force and effect. Ili WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 7TH day of JULY 19 94 NASHAT DESIGN AND CONSTRUCTION, INC. DEVELOPERS INSURANCE C DBA STANFORD CONSTRUCTION, INC. P:incipa! BY: Attorney irr Far FORA DI :: 7. RSV [I f 1ALIFOR'NIA ALL-PURPOSE ACKNOWLEDGMENT No. 5901 State of CALIFORUIA County of SAN BERNARDINO On JULY 2n. _ lgg4 _ before me, TAMRA PONTI, NOTARY PUBLIC . ., DATE NAPAE. TTTLE OF OFFICER - E G .'SANE DOE. NOTARY PUBLIC' personally appeared _ PHILIP_ E.-YE—GA NAMES) OF SiGNERtS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(z) isbam subscribed to the within instrument and ac- knowledged to me that he/,shRAtW executed the same in his/hw8Nsir, authorized _ � -- - --- :-- capacity(ias), and that by his/knrAIce r a�52 signature(s) on the instrument the person(2s), w •-pi NOTARY PUBLIC-CALIFORNIA � or the entity upon behalf of which the ORANGE COUNTY erson acted, executed the instrument. My Commission Expires Jan.14,1996 p (� WITNESS my hand and official seal. St TUBE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TM-E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTITY(iES) DEVELOPERS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND 1 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES JULY 7, 1994 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE OT 993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave_, P.Q_ Box 7184 - Canoga Parts. CA 91309-7 t 8a POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA - AND DEVELOPERS INSURANCE COMPANY N2 159438 P 0. BOX 19725, IRVINE. CA 92713 • (714) 263-3300 NOTICE- 1 _ All power and authority herein granted shall in any event terminate on the 31st day of March. 1996 2- This Power of Attorney is void d altered Or it any portion is erased - 3. This Power of Attorney is void unless the Seal is readable. the text is in brown ink, the signatures are in blue ink and this notice is in red ink_ 4_ This Power of Attorney should not be returned 10 the AttorneytS)-In-Fact, but should remain a permanent part of the Obligee's records. KNOW ALL MEN BY THESE PRESENTS. that. except as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severalty, but not jointly, hereby make, constitute and appoint ***PH ILIP E. VEGA, JAY P. FREEMAN, KIM M. WALKER, ROBERT J. CULP, RICHARD P. CREAN, JOHN M. SCHACK, JOINTLY OR SEVERALLY*** the true and lawful Artorney(s) -In -Fact, to make, execute. deliver and acknowledge. for and on behalf of each of Said corporations as sureties, bonds, undertakings and Contracts Of Suretyship in on amount not exceeding Two Million Five hundred Thousand Dollars ($2.50D.0001 in any Single undertaking; giving and granting unto said Attorney($) -In -Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as each of said corporations could do. but reserving to each of said corporations full power of substitution and revocaiton, and all of the acts of said Attorneys) -In -Fact, pursuant to these presents. are hereby ratified and confirmed The authority and powers Conferred by this Power Of Attorney do not extend 10 any of the following bonds, undertakings or contracts of suretyship - Bank depository bonds. mortgage deficiency bonds. mortgage guarantee bonds. guarantees of installment paper, note guarantee bonds, bonds on financial institutions. (ease bonds. insurance company qualifying bonds. self -insurer's bonds. fidelity bonds or bail bonds - This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNM COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24. 1986 RESOLVED, that the Chairman of The Board, the Presidentand any Vice President of the corporation be, and Thal each of them hereby is. authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Power$ Of Attorney to execute, on behalf of the Corporation. bonds, undertakings and contracts of suretyship. and that the Secretary or any Assis- tant Secretary of the Corporation be, and each of them hereby is. authorized to attest the execution of any such Power of Attorney. RESOLVED, FURTHER, that the signatures of such officers may be atlixed to any such Power of Attorney or to any Certificate relating thereto by facsimile, and any Such Power of Attorney Or certificate bearing such facsimile signatures Shall be valid and binding upon the corporation when So affixed and in the future with respect to any bond. undertaking or contract of Suretyship to which It is attached. IN WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries th:s 1sl day of April, 1993 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY VA By i '---- BY Da F_ Vincenti, Jr. 4.r,F Vincenti. Jr* President o�p'y r`~ esidenttA* a� r 'rr n a� ti * + 01 z 1 OCT �� +�+� w►R 2T, }o ATTEST ATTEST 'I ; ,j �7l r4ia By � � — — — By Walter Crowell Waller Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1, 1993. before me. Tresa Taalua. persora'ly appeared Dante F Vincenti_ Jr and Waller Crowell, perSOnally known to me (or provided to me on ;he basis of satisfactory evidence) to be the person(sl whose name(s) ts/are subscribed to the w:lrtin instrurner! and acknowledged t0 me that he/She/they executed the same in his/her/their authorized CapaCity{ies), and that by his/her/Their signalure(s) on ;he instrument The person(s), or the entity upon behalf of which the person(s) acted. executed the inst:umenl WITNESS my hand and official seat_ > -- it if ii OFFrCUL SEAL Signature �U =.��� TIRESA TAAFUA — . � •�•• ' .• NOTARY PUBLIC - CAL1FORNIA PRWCIPAL OFFICE W ORANGE COUNTY My Commfson Exp- Avg a. t9O5 CERTIFICATE ~ The undersigned, as Senior vice President of INDEMNITY COMPANY OF CALIFORNIA. and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has 'o: been revoked: and furthermore, that the provisions Of the resolutions of the respective Boards of Directors of said corporations set forth in The Power of Attorney. are in force as of the dale of this Cerlittcale. This Certificate is executed in the City of Irvine. California, $his '.�1H day of IJULY INDEMNITY COMPANY OF CALIFORNIA ft DEVELOPERS INSURANCE COMPANY AC;i F4 ORaj�'C' a o By—..—; -' --�"a —' OCTIn, By L.C. Fiebrger r n �-b LC - Fiebiger d Senior Vice President s �rrsOt*`++ Senior Vice President rrOx*� 0-310 RE V_ 4193 10.9 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION nu1nNGTON BEACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% RETENTION PAYMENT Date CC e. The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. AN T. V16LELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: LOU15 F. SANDOVAL Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. r Date: G CONNIE BROCKWAY City Clerk I certify that there are no outstanding invoices on file. -- .- - Date: DONALD WATSON City Treasurer 0574 J-. ECLARA'TION OF SATISFACTION OF CLAIMS I S %/, A070P D <QAl57-12CI CT/ON AVCstate: C/9' Name of Contractor 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Al a n d dated �it/H AICfM Ei(/TdX " 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 c' the State of California: (if none, state "NONE') /voNcz�-- I declare under penalty of perjury that the foregoing is true and correct. Executed at SfqN7.9 1",0A11'C0 on this' 2—day of Tv4 Y, 191 Sign -u-re of Contractor) City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on 4124 ro3ect No. %" Ti.,,---le hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor aerforr..- .ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, -nd that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract o-- training program provisions applicable to the wage rate paid. Signature and Title L�Sa Lk�I �L-J-7-I r%�,et S/D,5711tf' THE ORIGINAL OF THIS DOCUMENT . c1 WHEN RECORDED MAIL TO: WAS RECORDED ON 2-9-JUN-1994, ;z O CITY OF HUNTINGTON BEACH DOCUMENT NUMBER %-04298 r 1. f Office of the City Clerk LEE A. BRANCH CO 1NT f RECORDER � � P. O. Box 190 -ORANGE r8UNTy RECORDER'S OFFICE 3 b Huntington Beach, CA 92648 t rr� xi: J NOTICE OF COMPLETION Cl 0 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City ofry Huntington Beach, California to NASHAT DESIGN & CONSTRUCTION, INC. who was the company - thereon for doing the following work to -wit: "< Florida -Yorktown Street Improvements - CC-873 That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday, June 21,1994. That upon said contract The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 23nd day of June,1994. City Clerk and ex officio Cler of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COIMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 23nd day of June, 1994. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION 29—jUN-1994 11:13 AM Recorded i'si Official Records of Grange County, California Lee A. Branch, County Recorder Pase 1 of i Fees'. i 0.00 Tax: $ 0.00 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to NASHAT DESIGN & CONSTRUCTION, INC. who was the company thereon for doing the following work to -wit: Florida -Yorktown Street Improvements - CC-873 That said work was completed by said company according to plans and specifications and to the ..._- satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday, June 21,1994. That upon said contract The Insco/Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 23nd day of June,1994. City Clerk and ex-officio Cler of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) C— c r CJ-1 N I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City,',':, Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that t� foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION` was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange Count said City Council. Dated at Huntington Beach, California, this 23nd day of June, 1994. City Clerk and ex-officio`CGl►eurk (/ of the City Council of the City of Huntington Beach, California � �j £'' T1 5k �nC t 113.0311110" 03ht3�3� r J. z CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 23, 1994 Lee A. Branch County Recorder P. O- Box 238 Santa Ana, CA 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. O- Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, 1'r - - Connie Brockway City Clerk CB:cc Enclosures g cc`nscplltr (Tdephons: 714-536-52271 REQUEST FOR COUNCIL ACTION/ REDEVELOPMENT AGENCY ACTION Date: Tune 20, 1994 Submitted to: Honorable Mayer and City Council A!'YRUVED Fy C3'fy CULT NCI Submitted by: Michael T. Uberuaga, City Administrator 19?J Prepared by: �K ,ouis F. Sandoval, Director of Public Works Barbara Kaiser, Deputy City Administrator Subject: FLORIDA YORKTOWN STREET IMPROVEMENTS; CC-873 Consistent. with Council Police'' [ x ] Yes [ ] New Policy or Exception Statement of Issue, Recommendat.ion, Analysis, F unding,Source, Alternative Actions, :attachments / q'-JW STATEMENT OF ISSUE: Nashat Design and Construction, Inc:., has completed the Florida -Yorktown Street Improvement Project. RECOMMENDED ACTION: Accept the improvements and authorize the City Clerk 10 file the Notice of Completion for the Florida -Yorktown Street Improvement Project; CC-873. ANALYSIS: On August. 18, 1993, Council awarded a contract to Nashat Design and Construction for the Florida -Yorktown Street Improvement Project.. On March 7, 1994, the project was expanded to include additional areas not included within the original project limits. The construction of all improvements are now complete per the approved plans and specifications: therefore, the Director of Public Works recommends acceptance, of the propt:t and request-s that. the Notice of Completion be filed by the City Clerk. The following is a summary of the contract costs: *Council Auproved Actual Expenditures Contract. Amount. S21 1,8 40.00 **S229, 733.40 Construction Change Orders 36,660.00 3,51 l.18 Supplemental Expenses 5,000 00 2,827.50 Total $2 53,500.00 S236,072.08 *Includes additional Council approved (March 7, 1994) funds. 'Quantities for excavation and asphalt were greater than anticipated. J RCA: CC-873 dune20, 1994 Page two Council approved S253,500 for this project_ Actual expenditures for the work were $236,072.08, a savings of $17,427.92 or 7%. FUNDING SOURCE: Sufficient Community Development Blmk Grant (CDBQ funds were approved for this project. No additional funds are required. ALTERNATIVE ACTION: None ATTACHMENTS: None MTU: LF S: H,RC:gd ec:H73rea RCA: CC-873 dune20, 1994 Page two Council approved S253,500 for this project_ Actual expenditures for the work were $236,072.08, a savings of $17,427.92 or 7%. FUNDING SOURCE: Sufficient Community Development Blmk Grant (CDBQ funds were approved for this project. No additional funds are required. ALTERNATIVE ACTION: None ATTACHMENTS: None MTU: LF S: H,RC:gd ec:H73rea t REQUEST FOR CITY COUNCIL ACTION Date March 7, 1994 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL] Submitted by: Michael T. Uberuaga, City Administrato 3-7 1922 ll Prepared by:ouis F. Sandoval, Director of Public Works faim VtBarbara A. Kaiser, Deputy City Administrator ` � c Subject: FLORIDA-YORKTOWN STREET IMPROVEMENTS; CC-873 Consistent with Council Policy? pt] Yes [ I New Policy or Exception Statement of issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attac fr"*: STATEMENT OF ISSUE: Staff recommends an expansion of the Florida -Yorktown Street Improvement project and requests additional funds for Change Order work. RECOMMENDED_ ACTION: Authorize an increase of $41,500 to the approved project budget for the Florida -Yorktown Street Improvement project; CC-873. ANALYSI City Council awarded a contract to Nashat Design and Construction on August 18, 1993, in the amount of $188,400. In addition to the contract amount, Council also approved an allowance of %18,600 for Change Orders. The work includes the construction of curb, gutter and sidewalk, with some pavement construction. Since our goal is to upgrade the neighborhood enhancement areas, we are submitting the following additional locations for Council approval: 1. Utica Avenue. West of Beach Boulevard (725 - 733 Utica Avenue) To complement on -site improvements, the Community Development Department requested the removal and reconstruction of driveways and sidewalk, and the construction of asphalt concrete in the roadway and grading for future landscaping. $7,000 2. Slater Avenue at -Keelson Street The Economic Development Department recommends construction of a sidewalk on the east side of Keelson, north of Slater, removal and reconstruction of the cross -gutter, and installation of a wheelchair ramp. This would complete the sidewalk on this street and eliminate the water ponding problem in the roadway. Although this work is outside the Florida --Utica neighborhood, it lies within the Oakview neighborhood, another enhancement zrea where CDBG money is available for construction. Economic Development believes this is an appropriate project addition, and efficient use of available CDBG money. $ l 3,840 PI O 5/85 RCA: CC--873 March 7, 1994 Page two 3. South Side of Yorktown Avenue (602 Yorktown Av The City's recent acquisition of the property at 602 Yorktown allows us to construct an interim sidewalk along the Yorktown frontage of the property. The work involves grading operations in the parkway, landscaping, and construction of an asphalt sidewalk for pedestrian safety. $ 2,600 The Change Order allowance must be increased due to underestimated grading, pavement removal and reconstruction, and water service construction (see breakdown below): $18,060 TOTAL INCREASE $41,500 CHANGE ORDER BREAKDOWN CHANGE ORDER NO, DESCRIPTION COST 1 Down time due to regrading corner of 17th Street and Florida Street to meet street centerline $895 2 Remove and reconstruct three water services 2,016 3 Construct under sidewalk drain 600 Plus additional unclassified excavation quantities for driveway, sidewalk, and curb and gutter construction, 21,600 and additional asphalt concrete roadway paving adjacent to proposed construction, 8,000 and contingency for possible additional Change Orders 3.549 $36,660 Less Original Change Order Allowance 18-600 Requested Additional Change Order Monies $18,060 PROJECT RE -CAP TO DATE Original Contract Amount $188,400 Change Orders (Approved) 18,600 Supplemental Expenses (Approved) 5-000 Original Project Fund Total $212,000 Requested Funds 4L500 New Project Fund Total $253,500 RCA; CC-873 March 7, 1994 Page three ENVIRONMENTAL STATUS: These improvements will be made in accordance with Negative Declaration 93-12 approved for the project. FUNDING SOURCE: Sufficient unencumbered CDBG funds from current year budget are available in Account Number E-HM-ED-821-6-32-00. ALTERNATIVE TI .i . Deny the request and postpone making the above described improvements. 2. Deny expanding the project, but increase the Change Order allowance by $18,060. :ATTACHMENTS: None MTU:LFS:ERC:gd 3497g/6,7&8 f I have received the Faithful Performance- Bond and th t�-Materials on behalf of the Treasurer's Office. `� Dated � A i<4 DPP. 92 Ia : Z5 THE INSCO/DICO GPOUP 1. l co The Insco/Dico Group DIOp PAYMENT BOND — PUBLIC WORK Bond No. 137087P , Premium included in Performance bond. KNOW ALL MEN BY THESE PRESENTS, That NASHAT DESIGN & CONSTRUCTION, INC. , as Principal, and INDEMNITY COMPANY of CALIFOANIA, a corporation authorized toiransact a general surety business in the State of California, as Surety, are held and firmly bound unto AS i0 FOF.1b`1 CITY OF HUNTINGTON BEACH G._ CIFx ONE HUNDRED EIGHTY EIGHT THOUSAND FOUR H( . as Obligee in tale sum of 6Te for the payment whereof, in lawful money of the United States, said Principal and Surety bind lhemselvea. their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas, the above bounden Principal has entered into acontract, dated , 19 , with the obligee to do the following work, to -wit: FLORIDA/YORKTOM ENCHANCEMENT AREAS CC-873 Now, therefore, if the above bounded Principal, contractor, person, company or corporation, or his or its sub -Contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or Tabor performed by any such claimant, that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in Case suit is brought upon this bond a reasonable attorney$ tee, which shall be awarded by the court to the prevailing party in said suit, said attorneys fees to be taxed as costs In said suit This bond shelf inure to the beriefk of any person named In Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247.3252 inclusive, and all amendments thereto. Signed ants Sealed this 13TH day of AUGUST .19 93 NASHAT DESIGN & CONSTRUCTION, INC. INDEMNITY COMPANY of CALIFORNIA Principal .. •• ~ / &zr.4 Li-- By JAY/ . F.REEVIAN AttorneyloPact 10025 1/a6 333 Wilshire Ave. Anaheim, California 92801 (714) 999.1471 (213) 402-7a77 LZ- PPR 28 '92 14:26 THE INSCO/DICO GP.OUF r'..Vo iris co The lnscoJDico Group DI00 PERFORMANCE BOND — PUBLIC WORK Bona No. _ 137087P Premium S 4, 710.00 KNOW ALL MEN BY THESE PRESENTS: That we. NASHAT DESIGN & CONSTRUCTION, INC. As Principal, and INDEMNITY COMPANY of CALIFORNIA a corporation duly authorized under the taws of the State of California to become surety on bonds and undertakings, as Suretx,_ere held and firmly bound unto CITY OF H=INGTON BEACH , •: u Ciff-Y AT1i'iiiiEY By: Deputy City Attorney As Obliges In the full and Just sum of ONE HUNDRED EIGHTY EIGHT THOUSAND FOUR HuND;WVbllars, ($188,400.00 ). lawful money of the United States of America, to be paid to the Said Obligee, SUCCOSSorS or assig ns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns. Jointly andsevenalty. firmly by these presents The Condition of the foregoing obligation Is such that; whereas the above bounden Principal has entered into a contract. dated , 19 . with the Obligee to do and perform the following work to -wit FLORIDA/YORKTOWN ENCHANCEMENT AREAS CC-873 as is more specifically set forth In said contract, to which contract reference is hereby made; Now therefore, if the said Principal shallwell and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain In full force and virtue. named *ww*w,t*ww*w#w*#,�f�*,I****w*hr',nrrngwto*for wthe wwuse w*wwwwperson ww*Other wthan w*,rthe w*Obligee ww*wheroin. wwww*ww#,r ATE OF CALIFORNIA JNTY OF SAN BERNARDINO On U T before me, KELLY A SATTMAN rsonally appeared JAY P. FREEMAN a Notary Public, personally known to me use name to be the personfl" w (.s is/art? subscribed to the within instrument and acknowledged me that he/s*eY-t ey executed the same in his/h�,-!�L - . facity(i, and that b his - - authorized ! personf-s , or the entity upon behalf ofgwhich ethe eersoe instrument 'cuted the instrument. P n-�--acted, w _ sCAL NESS my nd and official seal. \ ` �' �C-CCArhIF�u Q _.'AL OFFS IN nature `.��-j��,' SIV&E,-NAACANOC"iV \`�� :'y icm nsicr Elv- Jun& 27. 19W ♦N�Zii����osia�4-6*40 *weww�www*w****w*www*w*w****wwwwww*w�► POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 159238 P_O. BOX 19725. IRVINE. CA 92713 • (714) 263-3300 NOTICE- 1 All power antl au:hony herein granted shall in any event terr•ieate on the 3131 day of March. 1996 2- This Power of Attorney :s void it altered or it any portion is erased 3 This Power of Aticrney is vo!d unless the seal is readable. the text is in brown ink. the signatures are in blue ink and this notice is in red ink 4 This Power of Attorney sho•,rld not be returned to the Ahorney(s)-In•FacI, but should remain a permanent part of the obligee's records KNOW ALL MEN BY THESE PRESENTS. that. except as expressly hmlfed. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally. but nor jointly. hereby make. constitute and appoint **PHILIP E. VEGA, JAY P. FREEMAN, KIM M. WALKER, ROBERT J. CULP, RICHARD P. CREAN, JOHN M. SCHACK, JOINTLY OR SEVERALLY"* the true and lawful Attorneys) -In -Fact, 10 make• execute, deliver and acknowledge. for and on behalf of each of said corporations as sureties. bonds, undertakings and contracts 0' Suretyship in an artrOuc! not exceeding Two Million Five Hundred Thousand Dollars l52.500-000) rn any Single undertaking• giving and granting unto saitl Attorney{s)-In. Fact full power and authority 10 do and to perform every act necessary_ requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of Said corporations fl.LI power of Substitution and revOCatlon: and all of the acts of said Attorney(S)-In-Fact• pufsuart t0 these presents, are hereby ratified and confirmed. The authority and poxers conferred by this Power Of Attorney do not extend 10 any Ot the following bonds, undertakings or Contracts of suretyship: Bank depOS1t0 y bonds. mortgage deficiency bonds. mortgage gCaraa:ee bonds. guarantees 01 inStaI)mBnf p8p8r- note guarantee bonds. bonds On financial insfilL lions. lease bonds. insurance Company qualifying bonds, self -insurer's bonds, fidelity bonds or bad bonds - This Power of Attorney is granted and is Signed by facsimile under and by authority of the following resolutions adopted by the respective Board$ of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24. 1986- RESOLVED. that 'he Chairman of the Board, the Pres:dent and any Vice President of the corporation be and that each of them hereby 15. authorized to execute Powers of Anorney- quali.ying the attorneys) tamed in :he Powers 01 AY.Orney to execute, on behalf of the corporation• bonds, undertakings and Contracts of surerysh;o. and that the Secretary or any ASSLs• Cant Secretary Of the corporat+on be. and each of them hereby is. authorized to attest the execution of any such Power of Attorney, RESOLVED. FURTF;.ER, that the signatures of such O'fiCerS may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certdica'e bearing such facsimile signatures shall be valid and binding upon the Corporation when so affixed and in the future with respect to any bond• undertaking o• contract of suretyship !o whit),, if is attached 114 WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to t)e signed by ITfeir respec. tive Presidents and anesled by their respective Secre'arie5 this tst day of April. 1993 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By -�- -.i - — By --- Oa F rincenu. Jr- Dan F Vincenti. Jr President CIO Fir Firesidenr �!p_ = C.T a `,*Mall 27 •pi ATTEST 2 � 13G�Z ATTEST i:� r Iati 1D r � By -.LX_&_41Cr W__ Wafter Crow'elf Walter Crowell Secretary Secretary STATE OF CALIFORmA I ) SS COUNTY OF ORANGE 1 On April 1. 1993- before me. Tiresa Taaf6a- personally appeared Dame F V•ncenl:- Jr and Welter Crowell. perSonaily known t0 me (or provided to me On the basis of sat-sfactory evicence) to be the ner50n(s) whose names) islare Sl.bscrioed 'o the wanii -n5'rl.meCt and acknowledged to me that hels'telthey executed the Same in hislherlthev authorized capacity(ies). ard'ha7 by h.:s!herrlhelr Signa.u,e(s) or. the nSIrument the pe'Son(s)- or the entry upon behalf Of which the perSon(sl acted, executed the instrument WITNESS my tare and o!licial seal ------------- 1116M 7"* 6111111011111111 - OFFICIAL SEAL TIRESATAAFUA NOYARYPUSLIC-CAL fORraa PRI&tWAL OF: FICE IN ORAI,;CE COUNTY My Cbrrt ."s,.i P EkP. Avg 4. 1995 CERTIFICATE -00004040 The undersign". as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA. ar.d Senor Vice President of DEVELOPERS INSURANCE COMPANY, OoeS hereby certify that the foreg, ing and attached Power of Attorney remains in'uI1 force and has not been revoked: and fu1:T)erM0'e. Thar the provisions of the reSOlur-Ons of the respective Boards o' Directors of said corporanonS set forth in the. Power Of Attorney_ are in'Orce as of the date of !his Certd•Cate This Certificate is executed in the City of Irvine. Cahlornia- this ZVi_ day of _ . _AU 7WS�L _- ._ ._. INDEMNITY COMPANY OF CALIFORNIA M9 DEVELOPERS INSURANCE COMPANY t+6 L'p ~O�FOR, tAn ko- PO4**fit. ell ��yv� ' — 7 C.'T e;-, Y. ��'��/�.�7 Wr�i tall 27. C! By \��.�'".'-I�--� //// W 156T �I� Y.V-/��7J L C F-eb,ger . /+ ' L C. Fieb+get l Senior Vice President s� rrrOJr� .` ` Senior Vice President ID-31O REV- 4193 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NASHAT DESIGN AND CONSTRUCTION FOR STREET IMPROVEMENTS IN THE FLORIDA/YORKTOWN ENHANCEMENT AREA (CC-873) THIS AGREEMENT is made and entered into on this 1st day of September , 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Nashat Design and Construction, Inc., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as street improvements in the Florida/Yorktown enhancement area in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. AJF533 I CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE F OF WORK• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. AJF533 2 It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee.- D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall AJF533 3 be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Eighty Eight Thousand, Four Hundred Dollars ($188,400) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ninety (90) working days from the execution of this Agreement by CITY, excluding delays provided for in Section 19 herein. AJF533 4 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall AJF533 5 CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. B. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the AJF533 6 CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. CALIFORNIA FAIR EMPLQYKENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set AJF533 7 forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq., shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each AJF533 8 calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT -HOUR LAW - P N LTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. CONTRACTOR agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at AJF533 9 all reasonable times to the CITY, the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/PELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working AJF533 10 day's delay in completing the work in excess of the number of working days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required AJF533 11 by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sale remedy of CONTRACTOR. 20. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such AJF533 12 conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances AJF533 13 and make such adjustment for extending the completion date as in its judgment the findings warrant. Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifth percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. AJF533 14 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF'_SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF_CLAIMB After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. 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. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or AJF533 15 injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorneys fees incurred by CITY in enforcing this obligation. 27. WORKERS_'_COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. AJF533 16 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit Coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE: ADDITIONAL INS RED ENDORSEMENTS Prior to commencing performance of the work hereunder, AJF533 17 CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract AJF533 18 Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NQN-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. AJF533 19 34. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United AJF533 20 States of America. Several Contract Provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON AST CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 276a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIFIS, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of ExeCutive Order 1124 , entitled "Equal Employment Opportunity," AJF533 21 and amended by ExeCUtive Qrdgr 11375, and as supplemented in Department of Labor regulations (41 CU Part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to Comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To assure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which AJF533 22 Act provides that each shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND -SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et. seq.) as supplemented by Department of Labor regulations (29 M, Part 5). Under Section 103 of the Act, each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours, work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. AJF533 23 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 C.F.R. 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act (42 USC Section 7401, et seq.) and Section 308 of the Federal water Pollution Control Act (33 USC Section 1251, et seq.) and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) through (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). AJF533 24 45. HOU51NG AND _URBAN _DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. 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 Charger § 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. REST OF PAGE NOT USED AJF533 25 47. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. NASHAT DESIGN AND CONSTRUCTION, INC., Bv za,/- Shahyar hfash9t, President B Ken Taghizade , Secretary ATTE�;T City�Clerk REVIEWED City istrator CITY OF HUNTINGTON BEACH a municipal corporation of t e State o�f /California:_-:..._.m Mayor APPROVED AS TO FORM: tk,4* City Attorney Gc -` I �ED AA APPROVED: Director of Public Works AJF533 26 P.02 STATE P.O.8OX 420807. SAN FRANCiSCO, CA 24142.0807 C0M06N6ATIOre iN6wRAkr4Gt FUND CORTf FICATE OF WORKERS' COMPENSATION INSURANCE AUGUST 24r 1593 POLICYNuMBER' IC*192! - 92 CERTIFICATE EXPIRES. 1 0-1- 93 rCITY OF MUNTINGTCN BEACH DEPT.-OF aLOG i SAFETY F.O.SOX 711 HUNTINGTON BEACH CA 9264E L This is to certify that we have issued a valid Workers' Compensation insurance pplioy in a form approved by the California _ i rnurantt! Compniiaionof to the tRlt#Oytr rlarhid brlaw 1For� the poliKperiod indleattd. This policy is not cub eCt to eancellation by the Fund except uponVA days' advance written notloe to the employer. 30 We will acid give you 1% days' advance notice should this policy the Cgnoviled prior to its normal expir?tion. This cartifieats of Insurance is nCt an insurance policy and does not amend, extend or altrr the coverage afforded by the policies hated herein. Notwithstanding any requirement, term. or condition of any contract or other document with respect to which this certificate of insurance may be issued at may pertain. the insurance afforded by the Dolicies described herein is subject to ail the terms, exclusions and conditions of such pot:cies- PR Sal DENT ENDORSEMENT-42063 ENTITLED CERTIFICATE HOLDERS'' NOTICE EFFECTIVE 08/24/53 i5 ATTACKED TO AN: FORDS A PART OF ThIS POLICY. APPROVED AS TO FORM2 GAIL BUTTON AT Y .%:T Ci+y AttortteY EMPLOYER r- SHAHYAR NASWAT REAs HASHAT DESIiiiN P.O. BOX 83% & CONSTRUCTION INC CALABASAS CA 91302 NN F L P.03 )�TATE C01aaSIYaArlpM CEA FICATE 0 DERV MOTIC �-icfwR Gmcz S AM sxa►tic sca AMMIM M "IS POLICY TO TU WNTPJM NQ':XMSTANDINCt IT IS 11ME15 MT =IS POLICY SlUlo NOT BE CANCILLED UNTILt (SPECIFY Ntmmp) DAYS AMR WRITTEN NOTICE OF SOCK CANCELLATION SM BEEN PLACED IN TER MIL By STATZ rilm TO -= L1ttHT ROLGrRS Or - CzRTIPICATE GF WORKERS' COMIENSATZON INSURANCE. IMOY pla fit T"s EMOORSIItNT COWAIMrQ INA1l BE 1MtLa TO VARY. A1.71I1, WINVI QR _..&1T9N0_: ANY : Qat TH9 T&FAM .1CO6011CW , .AGAUM91M. QR UMITAT1ONS OM MIS ro11CY 'QTklA THAN At A10VI STATIO. KOrMIN6 16li ►MEf1E IN MS iQVOY INAL6 •i Mll1,Q TO VARY, ALTgM. WAIVI GA uMrT rml T=RMf. CtINGI MOMS. AGRl!jMB%T'S OR %JMI- TATIONS Oj TM+S pcoasRtilEyr. COVhT�A�rO� N l��r �S Lis 206S I have received Bid Bonds for Florida YorXc o!dn S r Pr Tm rcurementr, CC 2�3 on behalf of the Treasurer's Office. Dated 9 %4 93 By:-�� J & B Kovac Engineering Damon Const. Co. Nobest Incorporated Griffith Company Excel Paving Company Camino Viejo Paving, Inc. Nashat Resign & Construction, Inc. Shawnan Corporation A" t INSURANCE COMPANY OF THE WEST P. O. BOX 85563 . SAN DIEGO, CALIFORNIA 92138.5563 BID OR PROPOSAL BOND KNOW ALL MEN 8Y THESE PRESENTS: That we, J & B Kovac Engineering, A Joint Venture 9272 Cloudhaven Dr. Huntington Beach, Ca. 92646 (hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety, are held and firmly bound unto The City of Huntington Beach (hereinafter called the obligee) in the just and full sum of Ten Percent of Total Amount Bic3--------- — Dollars (S -- 10%--------) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CO NOITION GF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in tnd submit to the obligee a bid or proposal dated 8/6/93 for Florida & Yorktown Cash Contract 4873 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 3rd day of August 11993 BY: IN Joint vesture CE COAFANY OFXOf WEST ICW CAL 120 t C. Michael Henley, AtyfrneV,,in-Fac. INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: C. HICHAL FM LEY its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings,'recognizances or other written obligat%ns in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and hold on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in - Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require. and any such bonds or undertakings executed by any such Attorney - in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretory." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this llth day of July, 1989. INSURANCE COMPANY OF THE WEST e STATE OF CALIFORNIA COUNTY OF SAN DIEGO residen On this llth day of july 1989 before the subscriber. a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, come BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the some, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Official Seal, at the City of Son Diegg,_the day and year first above.written. f ;A';!S E. THEODORE � X. na PAL O«•CE iN / otary u4 is SAN DcGO COUNT, v, is.Ie 4 1990 STATE OF dRCi (5RN'r_A`-%%%� COUNTY OF SAN DIEGO I. the undersigned. JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and hus not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this ard day of August 19 93 `tLdMr4A',0' ecretary ICW CAL 37(REV . 5/87 ) "�• � ''`1 RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA BID BOND KNOW ALL MEN BY THESE PRESENTS. that we Damon Const. Co. as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia. Pennsylvania, a corporation duty organized under the laws of the State of Pennsylvania. as Surely, 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 the amount bid in 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 CC - 873 Florida -Yorktown Enhancement Area NOW. THEREFORE. if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, 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 Obtigee 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. PROVIDED. HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing In a manner and lorm acceptable to Principal and Surety that financing has been firmly committed to cover the entire Cost of the project. Signed and sealed this.6th day of Aagust 19 93 Q_, `t c� Damon Const. Co. tIN�1ne55} IPnnCtOall ~^ (Seii) RELIANCE WSURIjNCE COM � . IAl+orney��nFZc+I HN—H. HUNSINGER t BDR-2323 2190 RELIANCE INSURANCE COMPANY HEAD OFFICIL PCNNSYLVAlNA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY. a COrporabon duty organized under " laws of TM Sate of Pennsylvand4 doss hereby make. Conebtute and appoiM JOHN D. HUNSINGER of GLENDALE, CALIFORNIA-------- fa true and lawful Anomey-in-Fact to mare. execute, seal and dauvar for and an ra Wwfi. and as +a sit and dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ------ and m bind the RELIANCE INSUPANCE COMPANY thereby u fWy and to the same extant as if such bonds and undertaWnpa and cones wwdngs obligatory In the nature thereof were signed by an Executive Officer of " RELIANCE W"RANC.E COOAPANY and sealed and aftseted by one other of such oMcam and hereby recites and confirms a# Out No said AmorneAsj-In-Fact may do in pursuance heretA This Power of Attorney is granted under and by auliha y of Article vo of the By -Laws of RELIANCE INSURANCE comPANY which became affective September 7. 197& which provialons are now in full Sorts and ef,scl. reading as toflows: ARTiCL.E VII -- EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of DirecloM the PreeldeM the Chairman of the Board, any Senior Vice Presider* any Vice Presidart or Aaaletant VICe President or other officer designated by the Board of Direclore shall have power and authority to W appoint Adorneys-In-Fad and to suvnortze Onerm to execute on beW of the Company. bonds and underteklnos. Mcogntrancee, convects of Indemnity and other wddngs cbggatory In the nature thareoL and (b) to remove any such Atlorney-In-Fact at any time and revoke the power and auft ty 9N*n to him. Z. Attorneys -In -Fact shall have power and aufhorfy. subject to the forma and Nmfatlone of the power of attorney issued to them to exacuts and daWver on befu8 of to Company. bonds and undertakings. recognUainom contracts of Indernnky and other wrftinge obligatory In the nature Cnereof. The corporate seat is not necessary for the valli ty of any bonds and undertakingN rsoopnl:arhoes. contracts of indermnly end other writings obligatory in the nature One va 3. Anorneys-In-Fact shall he" power and au0norly b execute affidavits required to be a0ar!»d to bonds, nsoognizanose, contracts of Imdemh- nity er other conditional or obligatory undertakings and tinall SW also have power and authority to certify the Ananclal satemerd of the Company and 10 copier or" Sy -Laws of the Company or any wocie or section theraal This power of.attomey Is signed and sealed by besimlle under and by autt►ortty of the 1lolbw4rg Resolution adopted by Ihe Board of Direefws of RELIANCE INSURANCE COMPANY at a mee" hold on the Sth day of Juno. 1979. at which a quorum was present and said Resolution has not bean anerded or repealed: "Resolved. that the signatures a such directors and offlom and the anal of the Company may be affixed to any such power of attorney or any cero tcate r"" vweto by taaslrrift and any such power of acorney or oertlffcaM bearing such tsulmae signatures or Sacalmile saal chef" be valid and binding upon Ore Company and any such power so executed and certified by tactornoe signatures and facsimile seal shut be valid and binding upon 1M Company a tine fugue with respect to any bond or urxkwud v to which It is attached' IN WITNESS WHEREOF. the RELIANCE INSURANCE COMPANY has caused O»ae presents to be signed by fts Vice PrnkW L and Its corporals sear to be he►eto affixed. Chte 11 t h ay Of April 1991. sTATEoF Washington COUNTY OF King on oft 11 t h day of RELIANCE INSURANCE COMPANY or 2t �mm�P'eada az April .19 91p«sonalyappw*d Lawrence W. Carlstrom tb me known to be One Vlce-President of the FEEL ANCE INSURANCE COMPANY. aura acknowl^dgad Chat he executed and attested the toregoIN Instrument and stfbced One seal of said corporation Onarom. and Out Arbole VIL Settio . Z of the By -Laws of said Corvtpeiny and the Raadu lion, act forth therein. are still in full fords `J r My Comhmisalon Expires: May 15 .19 94 >•e �� Notary Public In and for Stara of s h i ng 101 Pwwding at Tacoma L Robert D. Ritzhaupt . Assistant Seereaty of the RELIANCE FISURANCE COMPANY. do hereby wrCb that One abov, and kxegdng is a true and confect copy of ■ Parer of Attorney exacuMd by sold RELIANCE INSURANCE COMPANY. which a @till In hdl force an efrea IN WETNESS WHEREOF. i have hereunto eel my had and affixed the seal of said Cornpany this 6 t h dry oll August I t e 93 . � �r � Asalatant _ '*"Ed"'I Robert D. Rit(Fauptj �4 Cq%BIC CONTRACTORS BONDING AND INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That we, NOBEST INCORPORATED California: 2.3172 Plaza Pointe thnl Suite 185 BID BOND Laguna hills, CA 92653 (714) 770-9733 (800) 274-CBIC Nation' (714) 770.9905 FAX BondNo. NIA, Premium included in Bid Bond Service Undertaking as Principal, (hereinafter called the "Principal"), and Contractors Bonding and Insurance Company of Seattle, Washington. tt corporatio. duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unt CITY OF HUNTINGTON BEACH in the sum of —.-- as Obligee, (hereinafter c::lled the "Obligee" notioexceed FORTY—FIVE THOUSAND AND NO/ 100' S Dolls, (S 45 000.00 , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bill. ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents_ WHEREAS, the Principal has submitted a bid for FLORIDA—YORKTOWN ENHANCEMENT AREA CC NO. 873 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee is accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with goo, and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material in the prosecutio 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 t, the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which th Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and voik: otherwise to remain in full force and effect. certificate of Acknowledgement STATE OF CALIFORNIA County of Los Angeles On JULY 20, 1993 before me, CHRISTO HER J. COAJS, NOTARY PUBLIC, personally appeared D A personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her; their signature(s) on the instrument the person(s), or the entity upon behalf of which the pet /ea{b�aietad�e+teeniedtieti� CHRISYOPHEA J. COATS WITNESS my hand and official seal. r ... '• w • COMM. #969482 N t p N07ARY PU9t1f3CMff*W Swann Signature Seal) a MyComnE JutY15,1199E t f 1�IIti>� I>'4W�L 4f�a17T4>1!iMt:$ cavra�Acrbi�s�,folNaANcrrlsur�caNlix�' Isti�saoi+c�ttv�i�i� a�,lua>v�louat�irl�e AI►�r�r#�dRrf�t�Tr�s CIItfTJEQAQit�tfXtF�1TYDt11WE1F Ali �'1r)lt# vA1t7 TflI�AL71f�>FJ�F,4i71DRN611' rfu-7�tY�J4M' Q(i�SflONgA6D1JtAt# i1�1Tt�?b�E 7b1,S 0�' OON4iRAC[OAS``t'tON�IN4 D E�Pht4X LA H1Lt'A�t`Afi�fiR,NIAX7Q'14 2Y,# � A4htrne Bld g pawt r Nor # 11a nd Na. .L.m t d P60&itA3(arn"fixpiiel;;Z_ Des Appraved y.. .. _ . ,,-• Apptov� br y 7rbtw Name ot,�tMc1Qe1 (OBtst Y)tCQ'RP'a ATZ 1 Atill OF 11 BEACH � �7POpm1a)s _ .. ;. NOWALLNMIWTHMPREOntCONTMCTORSBOMMGANDNWRMC"oall m o idedwofte n8sallgOWCanAYbstallondon bythaeposentsmeo,cawMftend "fd of s l;A Zs bat end hddW ottarrerw9mtwdh ful p mwend wthody h nbywnfewed m h mm k pboo rod slack to wads, admawkidgeand dW earths goads( described ebowp and to bad theCow psnythersby a Mly rdto the senice I - as leach am* bondwas wgnad by ew Pmadwt ended with tlwcorpornls seal dtheCmmpsnysd duly atb I by ks8ecaetrr hereby rd" and mnfimerg of that the sad dtp eefydomthep�ennseat?erdrppondnn mmeclsaederarrdbladm4afthefdbwagwso(atpasedopbdbyths8aardotOiwA, efODNlig4C10MOMENIf:ANDUMPANLEGOMFWTan 1J M REDLY® that the President Is sulhon:ed to appoint ore attorney lu-fad of the Compilh j N D A D COATS wth powersd authorly to sign ern behalf d the Componythose ou" bonds whch may*= tans to teem be epprowd byRI Thad or Barbaro Think in such penal sums and aocordng to mob coadlions me may be spproad by R.LThndarBwbaraTlu L RMLYED RM11HIR that each Power of Atfomey mud ad fath the spoelhc description of the bond to whidl I applies ffio mmo of tle prhmeipd tho mere alto obllp% the panel son the bond mreborlooW for o bad bond where there is no member] the Weddyntg numbar d to stforne"Mad, tbo rdertlyng camber of the power ofAltorq, and tko namo and ergnatres of RL Thiel or Berbers Thal, and may edfodb the desenpbon end scra W of eddmboml manwene or coldarsl, d nX IBOLYGDFBFMMR the RL Thiel r Barbaro Thiel is euthonzed to establish a spemflo mpmMon date for the Paver ofAttornmy and to modify that data from bme to bins as RL Thiel or Berbera Thd dawns nwessoryrn his Ayer auk dacrotwo the applicable exprebon date to be darly sit forth m any,risen Power of Attorney RMLM FURTHER that wasps n othwwns prorahed m th nnmodateby sumockog rwef u m under no dreumhnees shag (a) the eodraet amount tw eery bit, paym at perhcme a6 or combaemn paymod and performance bond (rya, a perfomoom and psymort obbgtihee in am bond form) *seed $1,1 ADDIl of the bond a goer - -, by the final BuseraaAdnenrstrshen 1b) the pad sum of any bond riot guwaded by the 9=11 BeanessAdeunishobon (other then abed bond whwh mfurtber restricted by clown (4) exceed $2 ROM wind (c} s bd bud which anotgearanlwdbythaSkmillirenow Admnatnhonbosxeemtadfwaphwbw4dtheco tredisawerded, the band pamkYanany performance band, payment bond, waombm stron pertormi rce and peyn" bond (Le, a performance sd peymsnt obl gdmon inane bond funny to be executed pursued to the bit bond a to examid 32=MC. R23MAIDFURTWB?tbdthesbwomnWAftorayanfactrsgrwinbdpowersndamthontytooxcesdtheappfie* pond Mattesatfortimrndonemoddolypecdngresolution for anyband in an sweet o*ml to the amcsnt of any additional mmumrw or of any cash,hatter of cxedd at other sectalty nomeved as mMbrd sevurtyby the Company, as rndoarmrd to man the bond, ac berg a the deacrphe and amount of additional rmneuraase or collateral we eatforth an the Rower of Attomay RESOMF1IRTFERthetfheouthwrtyotf gwrotarydfMCaapeeytoawWytheorgmnkityaWaffeclfiemneffMfwgixogmsohrt nmanyLmfftWArwrafANwMahereby delegald to the felowmng persons, that amgnabm of tiny of Me folowng to bmd the tkempsaywlh rasped to the athedraty, snit dfs araea of the foregoing resotobom an if mgood by the Secretary of the Cart" r RLThai BwboroThelarAne Ooul RESMM FB=iR that Hie sgnetums (urckrdmg cwtlmdm the ties Poesy ofAthrooy m adl m fm=and of m4 of EL TkW oribrbwo Tbal, orrd Artery Rtfr, fod &o cwpombwW Notary mob appoann9 on any tented Power of Attorney cordamerg thin wit the tamping resolutions to vol nth* Umisd Power dAthmrmy dalf ore wall n its tnrommmen, may be by foeaunk eat such Limited Power of Attm my and be dnmd en orgmd rn el npeds. RBMLWED FVRI= ttrat el rseabtsna Mepbd proem to to ley oppomNog the*bons mead esdtw myaModtor fie ewoo ry wo hawby aupwssdsd IN WITNESS lWERBQF�CONTRACTORSBONDING AND INSURANCE COMPANY has cnsad thus presents to be signed by R L Thad and Barbers Thiel a d is rporeto seal to be h rota 91od 11��UUYY�/YY�J CONTRACTORS BONOM AND INSURANCE COMPAN7 s �� N`+p D l,��ml�4 • BY -----st.c°� ATE` 'r�'iBY R.LThai � = S AY a�erb—Ths! j� ti STATE OFCALIFORNIA—COt1NTYOFORAN"E ,i=do!1 1979 � 'mti SNIt �;� on 1 / 0 4 / 9 3 blare ue, Volenda Z toga a Notary Pubis m andfor theStets of Cstdornro County d Orongs panormly appear d R L Thel and Barbaro Thal personally known to mo to bat the person who a a we or orb a bad to the w than Lmaled Power of Attarmy and clerawledged to no that they saw led the am* n their auth Iced aspect a nd th t by their sign turn o the Lenttd Powe• of Attorney CBIC awculad the Limited Power of Attorney N WITNESS WHEREOF 1 haw h rounto at YDIM L WU MT cue ► le 1'aann Tadrea Jab 70 IM The vdersgrwd, advq onder authority d the BOMM AM ItSURIU4CE flOMpAf4Y, the the a m* and tangobg rs a ful, true sit oorndcopy all Power of Attorney is still in force and ~ GM under — at -gUnA H L 1 1 e r CA — thhi 20 =l311 NY herby or n Rau d Culftots d Iho tieerehry of CONFRACION PorratdAltaroey bysahl0anpstry ad doeshsrabrhrtMrasrtlfyMatthswd day d JUL 19 43 Att(O62M i RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA BOND NO: U953378 BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A-310 IFEB. 1970 EDJ KNOW ALL BY THESE PRESENTS, that we GR I FF I TH COMPANY as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Phiiadeiphis, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as ObIlges, hereinafter called the Obligee, In the sum of TEN PERCENT OF THE AMOUNT BiD_ Dollars 111 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 CASH CONTRACT NO. 873, FLORIDA-YORKTOWN ENHANCEMENT AREA FROM UTICA AVENUE TO 17TH STREET IN THE CiTY OF HUNTINGTON BEACH, CALIFORNIA NOW, THEREFORE, If the Obllgee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obllgee 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. Slgnad and sealed this 26TH (Vvdness) PREMIUM -NiL- 802-2305 Ea. 10-73 j' SG-2250/Ea 5100 day of JUL Y GRIFFITH COiPANY A.D. 19 93 (Prinupal) (Seal) THOMAS L. F, ,1 VICE PRESIDI (Tide) RELIANCE INSURANCE COMPANY a ELKE H. HAGEN, ORNEY-IN-FACT GRIffFITH OOi rAp 1 RELIANCE INSURANCE COMPANY XI, HEAD OFFICE_ PHILADELPHIA. PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the taws of the Slate of Pennsytvanis. does hereby make, constitute and appoint ELKE H. HAGEN of RIVERSIDE, CALIFORNIA------ hetrine and lawful Attorney -In -Fact. to make. execute. a" and deliver for and on its behalf, and as Its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---------- andto bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attomey(s)-in-Fact may do In pursuance hereof. This Power of Attorney Is granted under and by authority of ArUele Vil of the By-LAws of RELIANCE INSURANCE COMPANY which became effective September 7. 1978, which provisions errs now in full force and effect reading as fotloww ARTICLE ViI — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President the Chairman of the Board. any Senior Vita President any Vice President or Assistant Vice President Or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -In -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognlzencas, contract of Indemnity and other writings obligatory In the nature thereof, and (b) to remove any such Attorney -In -Fact at any %me and revoke the power and authority given to him. 2 Attomeye-in-Feet shall have power and authority, subject to the terms and limitations of the power of attorney Issued to there, to execute and "ver on bshatf of the Company. bonds and undertakings, rscognizances, contracts of Indemnity and other writings obligatory In the nature thereof. The corporate seal Is not necessary for the validity of any bonds and undertakings, rscognizances, contracts of Indemnity and other writings obligatory in the nature thereof. 3r Attorneys -In -Fact shall have power and authorty to execute affidavits required to bs attached to bonds, recognizencos, contracts of Indem- nity or other conditional or obligatory undertakings and trey Shan also have power and authority to certify the financtal statement of the Company and to eoples of Qa BY -Laws of the Company or any article or section thereof. This power of attorney Is signed and sealed by facelmne under and by authority of the following Resolution adopted by the Board of Orectors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June. 1979. of which a quorum was present, and sold Resolution has not begirt amended or repealed: `Resolved, that the signatures of such directors and oMcers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facslmile, and any such power of attorney or certificate bearing such facsimile signatures or lecslmite seal shall be valid and binding upon the Company and any such power so executed and certined by Iscslmlle signatures and facsimile seal shall be valid and binding upon the Company In the future with respect to any bond or undertaking to which it is attached' IN WiTNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by Its Vice President and its corporate seal to be hereto affixed. this 29 day of September 199 2. RELIANCE i� CE COMPANY 04) i !ice President STATE OF Washington COUNTY OF King On this 29 dayof September .19 92personallyappeared Lawrence W. Carlstrom to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing Instrument and affixed the seal of said corporation thereto. and that Article Vtl. Section 1. 2- and 3 of the By -Laws of said Company and the Assolu- tion, set forth therein, are atin In full force. r 1 My Commission Expires March 5 , 199 6 Notary Public In an for State o1 Washington Residing at Puyallup I, "j .V . Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and O r 9is true orrre copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is stiff In fill force and effect IN WITNESS WHEREOF.) have hereunto set my hand and affixed the seal of said Company phis 26T day of • JULY 19 93 1 0WR.141 se..e.7s Assistant Secretary ar ie S. Hansa — `-�- r IFfijH c rt n 1 CHUBB GROUP OF INSURANCE COMPANIES CIl-iti..1t13tI3' 1'. rAf'iI.W1111 1r-v• 11...rl I r . I I,. I' FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we,' Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws.of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), In the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 26 day of July A. D. nineteen hundred and 9 3 WHEREAS, the Principal has submitted a bid, dated August 6 , 1993 for Florida - Yorktown Enhancement Area Cash Contract No.873 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Excel Pavina, Comnan Principal By. U, W04 rt s"111rt FEDERAL INSURANCE COMPANY By: a. Dou as A. Rave Att ney in Fact; ' M 1F0 Form 15-02 OOW Imo, W7�702s 17[7<+? X— POWER OF ATTORNEY Know all Men by these Presents. That the FEDERAL INSURANCE COMPI,NY, 15 Mountain View Road. Warren, New Jersey. on Indiana Corpora- tion. has constituted and appointed. and does hereby constitute and appoint Douglas A. Rapp of Santa Ana. Calif ornia--------- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deiiver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit- 1. Bonds and Undertakings (other than Ball Bonds) filed in arty suit. matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2_ Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relaiing to Customs or Internal Revenue: License and Permit Bonds or other Indemnity bonds under the laws, ordinances or regulations of any State, Ciry. Town. Village. Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds. Workers' Compensation bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public. Sheriffs. Deputy Sheriffs and similar public officials- 3. Bonds on behalf of contractors in Connection with bids, proposals or contracts_ In Whrill Wtwooll IPA sad FEDERAL rNSURANCt` COMPANY has. Mosurd a No artoww. caused Ityse prwsens a be ayr»d by its Vra Prasroant and Assatam Secretary and In corporms seal a be retail a}Thted dIb 3 0 t h dery or .dune 'g 92 FEDERAL INSURANCE COMPANY By aul_il D.wn r n tnp A loom STATE OF NEW JERSEY County of Somerset I On the 3 0 t h d r or June to 9 2 , bell rate perwortary carne Richard D OCorww a me known and by me krnwn a be Assets" secretary of we FEDERAL OISURANCE COMPANY. the cvpoi Ion of tied in and -►l erecuMd the longer P1pr eat d Attorney, and rho seal RKhl D Orkin nor being by me of wl did depot and sale me he It Assime t Setraaary d re FEDERAL INSURANCE COMPANY and krnowa the corpolls seer Vinson: red the ter afGud lb the rorayo+rp Pwwet d Algrnwy b ouch orprere seer and was trwoto an dad bat authrey d Are erlarw d said Compaq. and Met he sgned satd Pow d Attorney a Au4trr Secretary of sad Crnparq by lift "I'll and that he N act rtwsnted wah Janos D Dl and knows Irvin to be doe Vim Pryidenl of wild Como". and Ina the ifpnatwe d bait Jana D Carol wbec++bed a seid Power d Ancnsir a m the ps - I m handw"" d saw Jahes D Dc= Arlo was nnawtb subwrtbod by $UMG ty d ud By Low$ ad M depORatti prwwanbw Near al seal Ilrr% ... ► S\:L�4yyi - A[Rrw-ledyed Yrd S Ib bebrf rM J`I,•�-,•_�••1T oath IPA are -ninon NOTARY 4 PLeLJC -�• �� .41''CHAK r'Ietany publl Norary Publ c, State of ►Mats jraeq CERTIFICATION - No. 2O9135Z ;TATE OF NEW JERSEY Ss. C*rnmiul Expiry All "a iA county of Somerset I. the undwngned. Andl Secretaryd the FEDERAL INSURANCE COMPANY. do hereby ow" that the ioeowrnQ ns s In» exmW from theBrLa.s of the sad Company as soopwd bat InBond d Dilem m Larch 2. IM end the the Brluw o to run trce and eflKf "AR'll Will Secron 2 An bonds, urndenak+rps. cl7nracta and rher dytrtrryma other then u &oboe Ion and on beheh of the Company Will It is wutlwrll by law or its charm to si-Sill may and sham be essiCV4d in the name and on bother Of sy Como" sow by the chairman Or the Vora Chawman or fhe Prewlel Of a voe Presrord. Nodndy wrin the Secretary or on A gril Secretal under me: reapecUve aeog^aoro. except that any on* Or mate all or anorneysan tact designal in any rwsOkltron d nM all d Dw*CtM Of the E=ectarwo Commute. of in any power of atlonn y e+eeumd as provided tat n Secr.on 3 below, may exisC ne any such Wed. undertaking or atelier oWQ on d provdad In al reedutOrn or power of attorney Seoon 1 All Pdwrf at Merrill l r and on b&W d Or COmparq relay and Mar be ywCad In not rlatla widen be d the Carrell, ebrw by the Chairman or Ute Vea Cha*man or ths Prwsidad at a Vloe Prewtdara or an ASWraet tree Plill irnty with ny Setrstay or an Adfarstan SeorsIl under them nspectwe dagr atdrte TM Sgnalur+Of ll Offdets may be enprared. pnned Or Iff KV 30 Thirsigiraiiineoliall d the f n9 rtlrnrs Charman. Woe Ctnurman. Prew4ant, any Yroe Pnadsnt, any Aasf WM Vp Freed try SecheWy, any Agent" SeCresry and tfy sew of the Como" may be awned bytacsinM bang pd.er d alsbryyy or to any OF reltrdg dnaflb appils , Appeal Seuwr•s or Arwreip-i ►Fat b prpoaa rye d ospoil q mid fnasung twrws rW WarWunya and parr wrte.ga Obhgarry In try rLMlre therwd. and any w & po" of adrhey at eenACtle out each IwpnMe *ignourw or f6clin7N Nil" p rand and bu hdw upon the Company aw any Mich power set anectnW and Certdrad by sve n IICJirW sgna lw arnd facarrt+e east still be vad and binding union the Company wah rw to erq pond Of unnden& VV b will It is atuchw .. I further arty the Lad PMXRAL INSURANCE COMPANY a Bury haryed to tnnsev rQMsry and *unary b.sness in earn Or ma sum of tore United Swots of Arherp. Diehl d Co hil Pula All and urn d the lrvineil d Canada -tth the eoeepron Of Pnnoe Edard Island: ftnd n also deny ricensed to b el rlOte any on bonds. rXdrtakVb^ etc . POO "I a ntQurred bat te. I_ the unawregned Aawistam Swmary d FEDERAL INSURANCE COMPANY. do hereby tarty the tha lrwpang rower d A1arlyy it in fuo Iona and etrod Grmnundamy, hand end ,netell deaidCommmirto ftrion.NJ.this 26 —day or Jul .ty 93 S� R%` "IC 30 r 'O �aiAN* am ISIp-pf eat 4-/0 1 GENERAL (FORMERLY 71-1"3J31 E INSURANCE COMPANY OF THE WEST P. 0. BOX 85563 • SAN DIEGO, CALIFORNIA 92138.5563 Lill) OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Camino Viejo Paving, Inc. (hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety, are held and firmly bound unto City of Huntington Beach in the just and full sum of Ten Per Cent Of Amount Bid (hereinafter called the obligee) Dollars (S 10% of Amt . Bid ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 8/6/93 for Florida —Yorktown Enhancement Area Cash Contract No. 873 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 3rd day of august .19 93 Camino Viejo Paving, Inc. INSURANCT-fQMP_"Y OF_.HF,WE T 8y� ICW CAL 120 r' Ted E. Adamson Alto rney-in•Fact INSURAI ICE COMPANY OF THE NkTST HOME OFFICE: SAN DIEGO, CALIFOANIA r Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That V-8 InSurar+:e Co -Davy of the West. a Corporation duly authorized and existing under the laws of the State of California and haying its prinC,pa' Off;Ce In the City of San Diego, California, does hereby nominate, constitute and appoints TED E. ADAMSON HOWARD SMITH Its true and lawful' Attorney(s)•In-Fact, with full power and authority hereby Conferred In its name, place and slead. to execute. Seal. aCknowfedge and deliver any and all bonds. undertakings, recognilances or other written obligations in the nature thereof. This Power of Attprney is granted and is signed anC sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the rnsU'ance Cornoany or the West at a rrieeLing duly called and held on the Sixth day of February, 1973, which said Resolution has net been amended or rescimced and of which the following is A true, full, and Con`Dlete copy: "RESOLVED: That the President or Secretary may from time to time aDpolnt Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary. the Board of Directors or Executive Committee may at any time remove Such Attorneys.in.Fact and revoke the Power of Attorney given hilm or her: and be it further "RESOLVEOl That the Attorney•in-raCr may De q vtn furl Dower to e,ec'rte for and in the name of and on behalf of the Con`Dany any and all bonds and undertak'ngs al, 'he �IuS.^ess Of Ile Co — any -ay reCu're. and any such bonds Cr undertakings ereCuted Cy any such At:urney-.n•Fact shall be as upon !h%e Cc—Da^y as If S'g-,eC by the president and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the west has caused its official seat to be hereunto affixed and these presents to be signed by Its duly authorized officers this 19TH DAY OF DECEMSER 1985 pµPak,O` INSURANCE COMPA OF THE WEST a *I c N *(ffOlL President STATE OF CALIFORNIA- SS: COUNTY OF SAN C)IEGO On V isl9rFi DAY OF DECEMBER 19!§ e the suCs;r.oer, a No:ary P%,ohc of the State of California, in and for the Coun!y of San Diego. du{y co—nissioned and oua: care ER..tiEST RADY . president of INSURANCE COMPANY OF THE %%EST. to me personally known to be the ind,v-v_ai and officer cescr'beo in ard who executed the Dreceding instrument. and he acknow- ledged the execution of the same. and De,rq 5y r'n; duly IwOrn, dcooseth and saith. rhar he is the card officer of the Corporation aforesaid, and that Ilse seal affixed to the preceding instrument is the Corporate Seal of the said Coroofatron, and that the said Corporate Seal and his signature As Such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Off,c;ar 5eal, at the City of San Diego, the day and year f:rst above written. r ffhA.SItiYhW '%I,?.%W%%%%%%%,W%%% V GOF:Cr..0 SEAL -�,t * NORMA PORTER' ;� �. --, ffOrarr PUEUC - UtIFOA► IA. � ) lq�L s�Muw OW-0 M 54A'3xse Cowry Notary PublrC .. • � ras {a*ms-,tn E r�- ire S- 19lD �r'rYr+�i'„Yo"1Yh4,'S/i��1ld'4'YtilY5rxr4tiryti„ STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO I, the undersigned. Pilchard S. King. Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing rs a full, true and Correct copy, Is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto st.bscribed my narne as Secrelary, and affixed the Corporate Seal of the Corporation. '.his 3rd dey of august 19 93. LOMFiAr .�4``C9rvDSrre �. f retery �il,r�ay�1 �W CAL 37 fREV. 5182) INDEMNITY COMPANY of CALIFORNIA G 810 BOND BONO -No. KNOW ALL -MEN BY THESE PRESENTS, That we. Nkgw DES"I{N& as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in G the State of California, as Surety, are held and firmly bound unto CITY CF HIUMIM N BEAM (hereinafter called the Obliges) in the full and just sum of 'N PERMTr OI TEE AM= CF ACMTANI-M BMD*" 9 Dollars, (S 10% CF } for tie payment whereof in lawful money of the United States, we bind ourselves, our 90 heirs. administrators, executors, successors and assigns, jointly and severally, firmly by these presents. a WHEREAS, the Said PAINCIPAL has submitted the accompanying bid for FUR=A-)04 M MDN Cf3y DU AFEk c o NOW, THEREFOAE, if the said contract be timely awarded to :he Pr;ncipal and the Principal shall, within such time as may be specified, enter into the convect in writing. and give bond, :wigs surety acceptable to the Obligee for the fai:htul per. formance of the said contract, then this obligation shall be void: otherwise to remain in full force and effect. Signed and Sealed this 2 D day of. .61KIEC - - — -. - i S 93 INDEMNITY COMPANY of CALIFORNIA N O AT I SI(N & O );'iliN, IIS. 1lz- Pr�mc;ojli JAY �.� •U•aM. �-:% �9 �� `.> may✓ �i `e_ � ^ �/ t�-\a �� `� `�� ti ~ `� C ��'tti% �� ti:�'C _ �1 `i � '� POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P-O. BOX 19725. IRVINE. CA 92713 • (714) 263-3300 NOTICE 1 All power and authority herein granted shall in any event terminate on ne 31st day of March. 1996. 2- This power of Attorney is void if altered or ,t any portion is erased. N2 159223 3. -This Power of Attorney is void unless the seal is readable, the text is in brown ink• the signatures are in blue ink and -.his notice is In red ink 4, This Power of Attorney should not be returned to 'he Atlorney(s)-In-FOCI. but should remain a permanent part of the obligee's records KNOW ALL MEN BY THESE PRESENTS. that. exceDT as expressly limited. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each Severalty, but nor 10irttty. ht reby make. Constitute and appoint **" PHILIP E. VEGA, JAY P. FREEMAN, KIM M. WALKER, ROBERT J. CULP, RICHARD P. CREAN, JOHN M. SCHACK, JOINTLY OR SEVERALLY*** The true and lawful Attorney(s)-tn-Fact, to make, execute, deliver and acknowledge. for and on behalf of each Of said Corporations as sureties. bonds. undertakings and Contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars (S2.5o0.000) in any Single undertaking. giving and granting unto said Attorney(S)-In-Fact full power and authority to do and to perform every act necessary- requi5•le or proper to be done in connection therewith as each of said Corporations Could do. but reserving to each Of said corporations full power of substitution and revocation. and all of the 3C1S of Said Attorneys) -In -Fact• pursuant to these presents, are hereby ratified and confirmed_ The authority and powers conferred by This Power of Attorney do not extend to any of the following, bonds. undertakings or contracts of Suretyship_ Bank depository bonds. mortgage deficiency bonds. mortgage guarantee bonds. guarantees of installment paper. note guarantee bonds. bonds on financial institutions. lease bonds, insurance company qua:ifying bonds, sell -insurer's bonds. fldel-ty bonds or bad bonds This Power of Attorney is'granled and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986. RESOLVED, that the Chairman Of the Board- the President and any Vice President of tl"e Corporation be. and that each of them hereby Is. authonZed to execute Powers of Attorney_ qualifying the attorney($) clamed in the Powers Of Attorney to execute. on behalf Of the corporation• bonds. undertakings and Contracts Of Suretyship. and That the Secretary or any AssiS. Tani Secretary of the corporation be, and each of them hereby is. authorized to Sliest the execution of any such Power of Attorney: RESOLVED. FURTHER, that the signatures of Such officers may be affixed to any S'uCh Power Of Attorney Or to any certdicale relating thereto by facsimile, and any such Power Of Attorney or certificate bearing Such facsimile signatures shall be valid and binding upon the corporal,on when so affixed and in the future with respect to any bond. undertaking or contract of sure',ysh!p to wh. •.ch i1 is attached. IN WITNESS WHEREOF. INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY nave severally caused these presents to be signed by their respec- tive Presidents and attested by Their respective Secretaries this tit day of April- 1993 INDEMNITY COMPANY OF CALIFORNIA By Da F V:nceMi• Jr Pies -dent ATTEST By —� Walter Crowell Secretary STATE OF CALIFORNIA) ) SS COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY LBy Yr '9A+rr qnF4*raR o resltlent CCT a '01 ,a hot ?c ATTEST - By — Walter Crowell Secretary Q�rKsuR \ pFF00 r� i i�j IrAR 2T, ;31 'nl IOTa a• On Ap••I 1. 1993- before me Teresa Taalua. personatly appeared Dante F. Vincenh. Jr and Wa'ter Crowell. personally known to me (or provsded to me on the basis of satisfactory evidence) to be tr•e perSon(s) whose rame{S) islare SubSCf.bed to the wnnin rrStrument and acknowledged to me that he:shellhey executed the same in hisrherrthe❑ authorized capacltypes)• and t`ai by hislrerltheir sigratu,els) on the instrument 11`e person(s), or the entity upon behalf of which the person(SI acted. executed ;he instru-nerl_ WITNESS my hanC and off cial seal Signatire �{ — OFFICIAL SEAL .' TIRESA TAAFUA X)TARYPUSLIC-CAL IFORNIA 41 PRINCIPAL OF FICE IN ORANGECOUNTY Mir Ca*mxsson f 1D. Aug_ 4. Im CERTIFICATE +N11111►11011►0-40 The ur-CerS-gnec. as Senior Vice President cf INDEMNITY COMPANY OF CALIFORNIA. and Senor Vice PreS•dent of DEVELOPERS INSURANCE COMPANY, does hereby certify That the foregoing and aY.act-ed Power of Attorney remains in full force and has not beer, revoked, and furthermore.'hat the provisions of the resolutions of the respective BOardS Of D.reclorS of Said CorporaLOnS Set for'h.:n the Power O' Attorney. are in force aS of the date of this Certil-Cate This Certificate ,s exeCufeC in the City of Irv.re. Can-.ornia_ This day of _ ALU13r 199 3 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY yp-ANY By L C Frebiger ISGT , la, BY L.0 Fieblger — — r ip Senior Vice President Senior Vice President rr O0.'►�!*d ID-31OREV 4/93 /V,-SN,+T%�s ZgzZ S,tl-WT�- Moavrc.Y ;91,1�D. � Q tt IV T� /4_16 k i'C X, C,4 q04 0 4 C t 7 y OF I 2 ©0 o C)9 g2,4 CHUBB GROUP OF INSURANCE COMPANIES Cli-iUE313 I`,s Lleunilaiil Vi,eo-v Hood F1 O bo,( IW,. Wtnie n hl,:,v .Ie i5iy Uilliil 1G1.`i FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, Shawnan Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana. (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the sum of • Ten Percent of the total anuunt bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF Ogange ) On July 26, 1993 bek"me, Christine M. T*pp, Notary Public , DATE NAIVE, TITLE OF OFFICER • E.a.. JANE DOE, NOTARY PUBLIC' personally appeared, Douglas A. Rapp per"w" Ily known to me (or proved to me on the basis of satlsfecfory evidence) to be the person(s) whose Aame(s) Is/are sub eabed to the within instrument and acitnowlecdW to me that hersheAhey executed the same In his/herAhelr authorized rallpacity(lee), and tt>al by hisRl Ahok signature(s) on the Instrument the person(s), or the entity upon behalf of which the perew(s) acted, executed the Instrument. WITNESS my hand and of el seal. M . r ��, l EAL) NOTARY PtiBLIC SIGMATURE `����• (HRISTINE M. RAPP 11 Comm Ii 969193 7 ] '• NOTARY PUBLIC - CALWORNIA I orange County ar Ko , Vy Cans Expires Jul_ 9.199E OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT Surpty Bond DATE OF DOCUMENT NUMBER OF PAGES SIONFR(S) OTHER TNAPI NAMED ARnVF Fp,m IS 02 W02 [pay a 90 1 - u•17s2S huA „S A A -It POWER OF ATTORNEY Know all been by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road. Warren. New Jersey, an Indiana Corpora- tion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California-------- eachIts true and lawful Attorney -in -Fact to execute under such designation In its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise. bonds of any of the following classes. to -wit: 1. Bonds and Undertakings (other than Ball Bonds) tiled In any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relali7 to Customs or internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State. City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds. Workers' Compensation bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials 3. Bonds on behalf of contractors in connection with bids, proposals or contracts_ in tlrlMnew Yrrraeol. the wd FEDERAL INSURANCE COMPANY haw Punuen to Rs e*taw►. ca lied rho" Muriel 10 to e+pn,ad by rut vice Pnaident and Aasaran Secnury dry no COnparna wr n be h@MW alHna mle 30th d" a1 June i° 92 FEDERAL Rf MANCE COMPANY D Dixon Ytef Ptealdertl STATE OF I" X"EY t as. County of Somerset I on this 30 t h w d June to 92 . belore -he paraorl*al am Rp,ard D Oia+rra n me mown ar,a ne mown to b. Asa taxer Sepeury d e,. FEDERAL sestRtANCE COMPANY. nr aorponalcin Ovicrlbed in aria.men a:ealsd Me roregoln9 dower or Attrrey, and the dad Richard D OrAxwor wUw by me duty w wn. *0 depaee end Say liar hit In Aaagsaa Se cutely of VA FEDERAL PMURANCE COMPANY and kn on the corporate war IhMrof. that the anal 616,wd to Ile loregoliV Pmw of Allornay is such Cdrborate wet and well maelo atrrmed by 4tuft ►y al ee artaws d SMA Cmrpany. and that he agreed sW ftm or Momry as Aase40 secril" or mid Compaq by mie sugWity. and Mal he le a,cqYented with Janes D- Dmon end knows him to be tta VMS Pnaidrrw OF*" Cortrpany. a,a liar da a "vm of say Joree D Damn subecn;bed to saw Plo-W of Mornay is to the gamine hand-rkln9 Of Safi Jam" D. Duos and was r 0mW Subecrrbed by wrtr" of sae BrLawa aria In deParwdti prsaancr•. Nosy-, seal ow f!"% . "3 Ac►n0-+4,090d and S be talon -0 F ,,,•.••••,`• 9-h ire dam w-hlten. t16y�iry 1 ..-. P1DLlC A%"C►1AK Not" Pubic �t CErtmFtGATIOft Notary Fubrc. 5lere d New %ayary ` No 2091352 STATE OF NEW JERSEY SS - Commission Ewres July County of Somerset I, the wnders". AwsaM sec -Mary at ,he FEDERAL INSURAWN COMPANY. do hereby Oanry VW rho laowtnp is a true /ic" horn rde BrLaws Of Ike sap Company w adopad by to flan d Dkeabre in Msm:h, 2. 1F90 and Met thn BrLaw is rn rue toi and adect -ARTrCLE xvtu Sectiw, 2 Air COr,dw undanakm9s. 0"lem dry oPW irrournentli War than as abore son and on benalt at tM Company which it to a„ to 4w by taw or a charter to aecule. may and •-hail be executed m, the name and an behest of tie Company either by the Chamman or rho Vice ChaMrW Of Pe Pwsidsn r a Vice Pwsyar. Io,nty wkh tie Seeraart a an Aaaistr,t Secraury. under see nevectr e ees yrraloro. ecrepr that any one Or more oneen or nbneys-.n 4a des+pww In any nsoko on Of oe Board of Dneows or the Enunne Commirtw. or M any pow** d bhornep executed at prOAW for m Seclbn S belowliner anCH,e dry such bond. rrn,Oenlakk+Q Or Other odr9at or, as Pn N%M k1 Such rwruhon Or Power CO illif,orriey Secha, l A f Powys of alonay W and on behae or tie Compar r may and shy be tsscuted in Ire -halre Slid a, beharl Of tea Companyeither by Ve Charmer a ire Yee Chapman a the PnSdeni or a Yea Pnwtlpa at an Ada Vice 9fesAwn. prxly .rim the Secrelry a N Aeawan Sec* s iry tw%W tte+,,eapeelrra oV&WW V% The s,p+aure d wa+afaoas+s+ay be a119 a.ed. txaRed a suwfPayed ire aghnra d each al fee b lowwo drrteii Chanman. Von Chairman. Pr is"nit, any Viols PrettoW. a9' AnwWA Vroa Prw4nl a-h1' Sevewy nrq Aesstra Secrawr and tie nod the Company nary be afI by tacsm,rle to dry pmAw d anoney a to drip oenfco t r*" p,aelo apow" Ampmwi Saaetanw a Arbrrrps4n.Faa for prWW orrr d eacartinq and attelf - bands r,d,mdernknlls e,d otter wntil cbb9aeRr k, tea -halos Awed. and dry tweh po-er d amen" or ai riftara bean ng am:h 4a+nse sigaluo or bxs " rakl oW be raid Sly bmyai9 upon me Comply and any arm pawn eb axeadad and oerYAed b! suds laC7Mkfa sgnanur+andnknknAOset"Do %Slid and aVinlluponPeCOrnpr+y0"nspeaoanypaycruw,1ftM n9ownlrhbh8rracl0d- t Iurner cer idy Ow wed PMRAL INSURANCE COMPANY is duy hormil d lo tranaaet fidelityand suety business n each of the San or the United Sl Wn d America, tuna d Cdlm,b,k. Prurp Rea any eadi d t e 2ronnees or Ceram w" the eap.phon of Prince Ea"rd lelan d= and a arse duty 1"nsed to became foie +unity on bonat uadenakn9e. inc. penr4ned at regamed by law I. ira undeesgryd Aasnurm Secrmryof FEDERAL VOLLRANCE COMPA.W. do hereby pnity rhat the ron9on9 erh W Of ArWrivy 4 in huh b" dry •Itee fires+under my hand arid the wai or sera camp" at warren. N J. it" 26 July .to 93 * '* prm t}lpQ, F a 90) GENrtRAL (FORMERLY 21.1"333) efrn V �nA A REQUEST FOR CITY COUNCIL -ACTION —P i Date August 16, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: �� is F. Sandoval, Director of Public Works Barbara A. Kaiser, Deputy City Administrator/Economic DevelopG ` Subject: FLORIDA—YORKTOWN STREET IMPROVEMENTS; CC-873 Consistent with Council Policy? [X] Yes [ ] New Policy or E Statement of Issue, Recommendation, Analysis, Funding Source, Alternative APPROVED BY CITY COUNCIL jp - l6 ons, Attachments: c rr'Y C'LER K STATEMENT OF ISSU - On July 6, 1993, the City Council authorized a call for bids for the Florida—YorktownStreet Improvements. RECOMMENDED ACTION: 1. Accept the low bid and award a contract to Nashat Design & Construction, Inc.; and 2. Authorize the Director of Public Works to expend a total of $212,000, which includes the contract cost of $188,400, estimated construction Change Orders of $18,600, and anticipated supplemental expenditures of $5,000 for the Florida —Yorktown Street Improvements; CC-873. ANALYSIS: The Florida —Yorktown Enhancement Area is an approximately 22 acre section of Huntington Beach, located west of Beach Boulevard near Yorktown Avenue (see the attached Vicinity Map). The area contains full street improvements except for a number of missing gaps of curb, gutter, and sidewalk. This project constructs these missing gaps. The engineer's estimate of the construction costs, including 10% contingency, is $220,000. Bids were received on August 6, 1993, and are listed below in dollar amount: Contractor Bids Bid Amount Nashat Design & Construction, Inc. $188,400.00 J. Kovacs Engineering 199,640.00 Damon Construction 209,801.00 Nobest 211,827.00 Griffith Company 237,709.00 Excel Paving Company 239,662.80 Camino Viejo Paving 262,760.00 Shawnan Corporation 297,670.00 PIO 5/85 RCA: Florida —Yorktown Imp. August 16, 1993 Page two ENVIRONMENTAL STATUS: The Planning Department approved Negative Declaration 93-12 for the project on June 10, 1993. This fulfilled the environmental requirements pursuant to the California Environmental Quality Act. FUNDING_SOURC : Contract Amount $188,400 *Project Change Orders 18,600 "Project Supplementals 5.000 TOTAL $212,000 * Standard 10% administrative Change Order limit (not to exceed $50,000) per City Council Resolution Number 4896. Examples of possible Change Orders include changes in field conditions, unavailable materials, errors in the PIans, and changed City requirements. ** Examples of Supplementals include soil testing, Edison electrical hook—up, and water service connections. Florida —Yorktown Enhancement Area — Street Improvement Capital Program Funds as approved in FY 92-93 budget using Federal Community Development Block Grant Funds. ALTERNATIVE ACTION: Reject low bid or all bids and do not proceed with the construction. ATTACHMENTS: Project Location Map MTU:LFS:AAF:gd 3455g/1 &2 Y � i � a D '630 lino n. rDita 3 u� J( a 1a50f.ro i s i � Z - ID�H�Ir \ HIM �1 .1 � MLrR�r sl•ttt uu�rt nln r � fGArrlrlb a x �' rprcTpwy .s .t DADA-$ 1� WMAKAOCKIS AIXAWIA rw.+rudl // l� ' iAarr.too Ir PROJECT LOCATION 1R� VICINITY MAP CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 1, 1993 Nashat Design & Construction, Inc. 2922 Santa Monica Blvd., #A Santa Monica, CA 90404 Re: Florida -Yorktown Street Improvements; CC-873 Dear Sir: CALIFORNIA 92648 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form mots I& retumcd tot is office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Nobel, Contracts Administrator, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 1462KJ1463K {Taiephono: 714-536-52271 CERTIFICATE OF INSURANCE ISSUE DATE[MM/DD/YY) 08 12 93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Averbeck Company CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE i 3380 Shelby St DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Y . POLICIES BELOW. Ontario, CA 91764 1 COMPANIES AFFORDING COVERAGE - COMPANY A Scottsdale Insurance/WBA LETTER �.. - .- .. COMPANY B INSURED LETTER Nashat Design & Construction, Inc., COMPANY C 2922 Santa Monica Blvd., #A LETTER - - Santa Monica, CA 90404 COMPANY D LETTER COMPANY F LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WfTH 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 CONOMPONS OF SUCH POLICIES - GO. TYPE OF INSURANCE POLICY NUMBER LTRi POLICYEFFECTIVE LICY EXPIRATION LIMITS DATE(MM/DDjYY) DATE(MM/ODPff) A I GENERAL LIABILITY GLS493825 03 12 93 03 12 94 (BODILY INJURY OCC- f 'XlCUFREVENS:VEFOR M BOD14YINJURYAGG_ f X PREMISES/OFcRATIONS - _ PAOPERTYDAMAGEOCC. S �NOEaGROL�6 XPLOSION&COLLAPSEHAZARD �EXPLOSION _ PROPERTY DAMAGE S X '-0:)VCTS;COMPLETE�OPER. B16PDCOMBINEDOCC. S1, 000L OOO X CC-TRACTUAL I BISPDCOMBINED AGG •$1 000-l000 IX _'INCE?ENOENTCONTRACTORS PERSONALINJURYAGG. 51,000,000 �BFOAD FORM PROPERTY DAMAG I X 'PERSONAL INJURY A I AUTOMOBILE LIABILITY I GLS493825 03 12 93 03 12 94 � A%YAUTO i BOD1LrINJURY f (Per person) ! I _ ALL OWNED AUTOS 1--assj ALL OWN E0 AUTOS (01hrf Th4kr) P:iv_ Pass- - BODILY INJURY [P0r9cc14Janl) - f rI.aED AUTOS X I • ,-N•OWNE". AUTOS i (PROPERTY DAMAGE S I GA?AGELIARIUTY ODILYINJURYS ROPERTYDAMAGE IS1,000,OOO Fpc"OmBINED EXCESS LIABILITY ! I EACH OCCURRENCE S L tiIBRELLA =CAv APPROVED AS TO FOR :, AGGREGATE S J Y ' OTHER Tr.A.ti UMBRELLA FOAM WORKER'S COMPENSATION CI�I`Y A'TTO STATUTORY LIMITS I AND EACH ACCIDENT I f EMPLOYERS' LIABILITY By' I DISEASE POLICY LIMIT f De is ,y City AttOrney -DISEASE-EACH EMPLOYEE S OTHER i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: Florida/Yorktown Enchancement Areas; CC--873 See Attached Schedule. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL City of Huntington Beach MAIL*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 Main Street LEFT. P.O. Box 190 Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE FORM25.NS 7 lot 2 #27727 CEA DESCRIPTIONS (Continued from page 1.) Certificate Holder is named as Additional -Insured as respects General Liability. *10 day notice of cancellation applies for non-payment of premium FoRM2s.2.Hs 2 0! 2 #2772 August_ G, 1993 2:00 p.m.----- CNGINEER'S ESTRIATF: 210 K PROJECT' LNGI\TE12: Eric Charlonnc JOB TITLE k-%D CC4': Florida/Yorktotirn Enhancement; CC-873 Bidder's Name Total Bid Amount 1. All American Asphalt Z Camino Viejo Paving 3. Damon Construction D / 3. Excel Paving S. Fecit-Strata G. Griffith Company .� 37 2047 7. Hillcrest Contractin 8. I P S Services 9. J. Kovacs �p 7 Q 10. Nobest4 11. R J Noble 12. Pavement. Recycling 13. Perma Curb 14. Rivera Irrigation 15. Ruiz Engineering lb. Savala Construction 17. Shawnan Co oration 18. Sully -Miller 19. Nashat Design/Construction V D . RECEIVED CITY CLERK CITY 3;7 HUNTINGTON BELCH, CALIF, AUG 6 2 of 133 Est �A �{iv !'1131, S"i olowim"K dC ,llt^• VH3�3 }.liJ rj3h1333H /j jy A 7o,✓7 REQUEST FOR CITY COUNCIL ACTION July 6, 1993 Date Submitted to: APPROVED BY CITY COUNCIL Honorable Mayor and City Council Submitted by: - T - I'a 19�ff Michael T. Uberuaga, City Administrator 9. Prepared by: Louis F. Sandoval, Director of Public Works F-ITEMx Subject: Barbara A. Kaiser, Deputy City Administrat / conomic Deve op t FLORIDA-YORKTOWN STREET IMPROVEMENTS; CC-473 Consistent with Council Policy? [ 1 Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachmenkicyl- C'r Plans and Specifications for street improvements in the Florida —Yorktown Enhancement Area have been completed. Staff requests authorization to call for bids. $ECOMMENDED ACTION: 1. Approve the Plans and Specifications and authorize the Director of Public Works to solicit bids for construction, and 2. Approve the attached sample contract, subject to award of the construction to the lowest responsive bidder, of street improvements for the Florida -Yorktown Enhancement Area; CC-873. ANALYS -. The Florida -Yorktown Enhancement Area is an approximately 22 acre section of Huntington Beach, located west of Beach Boulevard near Yorktown Avenue (see the attached Vicinity Map.) The area contains full street improvements except for a number .)f missing gaps of curb, gutter, and sidewalk. This project constructs these missing gaps. The engineer's estimate of the construction costs, including 10% contingency, is $220,000. ENVIRONMENTAL STATUS: The Planning Department approved a Negative Declaration for the project on June 22, 1993. This fulfilled the environmental requirements pursuant to the California Environmental Quality Act. FUNDING SOURCE: FIorida-Yorktown Enhancement Area - Street Improvement Capital Program Funds as approved in FY 92-93 budget using Federal Community Development Block Grant Funds. P10 5185 RCA; CC-873 July 7, 1993 Page two ,ALTERNATIVE ACTIQN- Deny approval of construction. ATTACHMENTS: 1. Vicinity Map 2. Sample Contract MTU:LFS:BAK:AAF:gd 3440g/ 1 &2 PL„NNING SECTIONAL DISTRICT MAP 2--6-11 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA FL4RIDAIYOI�KTOWN usE of PROPER i Y m.AP ENHANCEMENT AREA GLA7EL0 _-i ! I L — AVE jF- 1 I I wsluFroir—loill =11001 millle ADAMS AVE- VICINITY MAP 1 rL � f SA]=1PLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR STREET IMPROVEMENTS IN THE FLORIDA/YORKTOWN ENHANCEMENT AREA (CC-873) THIS AGREEMENT is made and entered into on this day. of 11 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and hereinafter referred to as "CONTRACTOR," WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as street improvements in the Florida/Yorktown enhancement area in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. AJF533 1 S A M P L E CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WQRK; PLANS AND SPECIFICATION5 CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of -all such matters and is relying in no way upon any opinions or representations of CITY. AJF533 2 S A M P L E It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall AJF533 3 S A M P L E be immediately submitted by CONTRACTOR to the Department of Public works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within { ) calendar/working days from the execution of this Agreement by CITY, excluding delays provided for in Section 19 herein. AJF533 4 S A M P L E 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES, CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall AJF533 5 S A M P L E CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the AJF533 6 S A M P L E CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (1000) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING, ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING_WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set AJF533 7 S A M P L E forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public works Agreement, as required by Qalifornia Labor_ Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFQRNIA_PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT HOUR LAW California Labor Code, Sections 1810 et seq., shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty hours per week from any one person employed by it hereunder, except as stipulated in California Labor Qode Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall,in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each AJF533 8 S A M P L E calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIQHT-HOUR LAW - PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25.00) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California LadeSection 1815. 15. PAY MEN-T OF TRAVEL AND SU SISTEN(:E ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Coft, regarding the employment of apprentices, is applicable to this PROJECT. 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at AJF533 9 S A M P L E all reasonable times to the CITY, the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DEL6YS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed 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 AJF533 10 S A M P L E excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the -parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required AJF533 11 5 A M P L E by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sale remedy of CONTRACTOR. 20. DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such AJF533 12 S A M P L E conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances AJF533 13 S A M P L E and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESSPAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (100) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifth percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. AJF533 14 S A M P L E 23. WITHHELD CONTRACT FUNDS, -SUBSTITUTION OF SECURITIE At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. 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. 26. INDEMNIFICATION, DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or AJF533 15 S A M P L E injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall'be reimbursed by CONTRACTOR for all costs or attorneys fees incurred by CITY in enforcing this obligation. 27. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor --Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. AJF533 16 S A M P L E 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE; ADDITIQNAL INSURED AIG ; Prior to commencing performance of the work hereunder, AJF533 17 S A M P L E CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract AJF533 18 S A M P L E S Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NON-ASSIGNAEILITY 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. 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Cod,1 Sections 1090 et seq. AJF533 19 S A M P L E 34. .5TQP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United AJF533 20 S A M P L E States of America. Several Contract Provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BAQQN ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 276a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," AJF533 21 S A M P L E and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 (Za Part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To assure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which AJF533 22 S A M P L E Act provides that each shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et. seq.) as supplemented by Department of Labor regulations (29 CFR, Part 5). Under Section 103 of the Act, each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. AJF533 23 S A M P L E 43. IMPLEMENTATION -QF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 C.F.R. 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act (42 USC Section 7401, et seq.) and Section 308 of the Federal water Pollution Control Act (33 USC Section 1251, et seq.) and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) through (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). AJF533 24 S A M P L E 45. HOUaING AND URBAN DEVEL PMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. 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 Charger § 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. REST OF PAGE NOT USED AJF533 25 S A M P L E 47. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. 140 B Iprint nslme President/Vice President (circle one) By: Its-:_ P-rint_ name Secretary/Treasurer/CFO (circle one) ATTEST: City Clerk REVIEWED AND APPROVED: i y inistrator CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor APPROVED AS TO FORM: ,4d City Attorney u-x Z- `,i3 INITIATED AND APP16VED: I 1r Director o4 Public works AJF533 26 S A M P L E STATE OF CAUFORNIA 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. l am a principal cleric of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California. and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaperto wit the issue(s) of: July 15, 22, 29, 1993 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 29 ' 4 99 3 at Costa Mes , California Signature V// SECTION A NOTICE OF INVITING SEALED BJDS -- for the. FLORIDA-YORKTOWN ENHANCEMENT AREA CASH CONTRACT No. 813 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS: HEREBY GIVEN that the CITY OF HUNTINGTON' BEACH, as AGENCY, in vites sealed bids for the abova-stated project and will receive such bids in' the Office Of the City Clerk,) Second Floor, 2000 Main' Street. Huntington Beach,) Califomia 92648, up to the! hour of 2:00 PM on AU-' GUST 6, 1993. Bids will bey publicty open in the Court-' CIE Chambers unless other- wise posted. Copies of the Plans, Specifications, and cores tract' documents are avail' able from the Office of the Director of Public Works; 200D Main Street, Hunting- ton Beach. CA 92648. upon payment of a $15.00 non re- 1.2610 fee if picked up! or payment of a $17-00 nonrefundable fee if mailed, I 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 Calmfomia, the min imum prevamhng rate of pet diem wages for each craft, classification or type of workman needed to ex-1ecule the contract shall be' those determined by the Director of Industrial Rela= .tions of the State of Califor-' Tra, Which are on file at the4 Office of the Director of Public Works, 2000 Maini Street. Huntington Beach,1 'CA 92648. The AGENCY wilt deduct) 13 10% retention from all progress payments_ The Contractor may substitute an escrow holder surely Of equal value 10 the retention in accordance vrilh the pro. visions of the Callfomca, GOverment Code, Sectionk 4590, The Contractor shall, jj be beneficial owner of the' j Surety and shall receive anV inlCrest_thereon._� PROOF OF PUBLICATION - f-vmatively ensures that mi- nority business enterprises will be afforded full op.; portunity to submit bids in response to this notice and will not be diMirninaied. against on the basis of race, color, national origin.' ancestry, sex, or religion win any consideration leading 10 the award of contract. No bid shall be consid-, eyed unless it is prepared on the approved Proposal terms in Conformance with the trtstructions to Bidders_' The bid must be ac- companied by a certified Check, cashier's Check, or bidder s bond made pay- able to the AGENCY for an amount no less than 70% of the amount bid. The successful bidder shall be licensed in at~ cordanco vnth provisions of the Business and Profes- sions Code and shall pos- sess a State Contractor's License Class at the time [his Contract Is awarded - The successful Contractor and his subcontractor wilt) be required to possess business licenses from the AGENCY. I The AGENCY reserves the right to refeCt arty or all bids, to warve,any irregular-' icy and to take all bids under adviscrnent for a, maximum period of 60 days_ BY ORDER of the CITY COUNCIL of the CITY OF HUNTfNGTON BEACH, - CALIFORNIA, the 6th day of .Iufy 1993. Attest- Connie Brock- way, CITY CLERK OF THE CITY OF HUM TINGTON OFJICH f Published Huntington Beach-Founlain Valley in-' dependent July 15, 22, 29 1 T99]. 073.82t SECTION A NOTICE INVITING SEALED BIDS for the FLORIDA-YORKTOWN ENHANCEMENT AREA CASH CONTRACT No. 873 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 project 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 AUGUST 6,1993. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $17.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids, under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the bth day of July Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTIN T N BEACH A-2 PROJECT BID SCHEDULE Item Estimated Item with unit price Unit Price Extended No. Quantity writtea in words Amount I. LUMP MOBILIZATION SUM �R fly ®aSlX �DVS�fma .�r' Ll�C�CthI p ]tars S ZL SO s0 Cents PER LUMP SUM 2. LUMP TRAFFIC CONTROL INCLUDING PLAN SUM (— ® ✓�' / yQV��-�!n - Dollars r 5000 Sooc Cents PER LUMP SUM 3. LUMP CLEARING AND GRUBBING SUM ® �%7r«ffinr�[rtlu �iil/P/7flkr�.Dollars C 3 Cents _7y PER LUMP SUM 4. BO0 UNCLASSIFIED EXCAVATION C Y ��- ` _ r. ® /L�Je12A�T4U2 - - Dollars �4 J I zoo C-' Cents 5_ PER CUBIC YARD 5. LUMP REMOVE EXISTING BUILDING INCLUDING SUM FOOTINGS AND SLAB ErG4�913ollars �D ®�yr-c1L00SA*zD Cents PER LUMP SUM 6- 5 ABANDON EXISTING WATER SERVICE EA AND CONSTRUCT NEW WATER SERVICE / PER STD PLAN 601 ��H.B-II fwc? (�— d ��f ��r Dollars Cents PER EACH C-Ls Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 7. l CONSTRUCT 314' WATER SERVICE PER EA H.B. STD PLAN 601 INCLUDING HOOKUP TO PVT RESIDENCE S �� ® /7,I1� dUI/✓F11J D Dollars Cents PER EACH 8. 1 RELOCATE HOSE BIB EA C K�C t 11C e0&4Doltars iZ 7 s Z-- Cents PER EACH 9. 20 ADJUST WATER METER TO GRADE EA Dollars I 115 2300 Cents PER EACH 10. 360 CONSTRUCT BLOCK RETAKING WALL SF �-- Dollars ® S /Z 0 `�� Cents PER SQUARE FOOT 11. 960 CONSTRUCT 6" CONCRETE CURB AND LF GUTTER Dollars S— 1Z _ ^ Cents PER LINEAL FOOT 12. 840 CONSTRUCT 8' CONCRETE CURB AND LF GU-ITER Dollars LLO 7?ZD S!3. S Cents PER LINEAL_ FOOT C-2s V Estimated Item with unit price Unit Price Extended Quantity written in words Amount H13. 15,300 CONSTRUCT PCC SIDEWALK SF ® ��e 2 Dollars !! ;�;,Z/CCiI _ Cents PER SQUARE FOOT 14. 6,000 CONSTRUCT PCC RESIDENTIAL SF DRIVEWAY T.n Dollars �J �? �- .05 s Z 71 D4 Cents Pii S UARE FOOT 15. 700 CONSTRUCT PCC COMMERCIAL SF DRIVEWAY ® / hreP Dollars $ 3-55 Cents PER QUARE FOOT 16. 600 CONSTRUCT PCC CROSS GUTTER SF _Dollar Cents . 3 O �S O PER SQUARE FOOT 17. 4 CONSTRUCT PCC WHEEL CHAIR RAMP EA PER CALTRAN STD PLAN A88 ® r Dollars $ / n (� 3 r O Cents PER EACH 18. 2 CONSTRUCT PCC WHEEL CHAIR RAMP EA PER H.B. STD PLAN 212A V17® r_e Dollars ----�- Cents PER EACH C-3s I v Item Evimatcd Item with unit price Unit Price Extended No. Quantity written in words Amount 19. 4 CONSTRUCT PCC WHEEL CHAIR RAMP EA PER H.B. STD PLAN 212C ® Dollars _r JCL Cents PER EACH 20. LUMP CONSTRUCT REINFORCED CONCRETE SUM STAIRWAY INCLUDING HANDRAIL PER PLAN DETAIL a7d OO Dollars _D Cents PER LUMP SUM 21. 1 EA CONSTRUCT STORM DRAIN INLET PER EMA STD 1304 AND GRATE PER ENIA STD 1307 , 3 C� C�k:ll?��% IWDC�l�iollar� Cents PER EACH 22. 1 EA CONSTRUCT SEWER LATERAL �- �� ® rt�G'A'&& 1�611av ,,� t3610 3610 Cents PER EACH ji 23. 700 LF CONSTRUCT 8" ASPHALT CONCRETE BERM IN PLACE (a_�22 Dollars /, Cents PE LIN AL FOOT 24. 230 TONS CONSTRUCT ASPHALT CONCRETE PAVING IN PLACE AND COMPACTED Dollars � ,�`� S 57. 13 Cents PEW T �' C-4s M V Item Estimated Item with unit price Unit Price Extended No. Quantity written in words Amount 25. 780 TONS CONSTRUCT 10' AGGREGATE BASE IN PLACE AND COMPACTED ®_:T=CZe JZ Al Dollars Cents PER TON 26. 10 EA REMOVE AND RECONSTRUCT MAILBOX BEHIND CURB ® DNE�IN�v�.eD Ccn Dollars Cents PER LUMP SUM 27. 260 CONSTRUCT 42" HIGH CHAIN LINK FENCE LF INCLUDING GATES PER DETAIL ®L�1G Dollars f�, 2 Cents PER L -EAL FOOT 28. 60 CONSTRUCT 42' HIGH "IN KIND' WOOD LF FENCE INCLUDING GATES, STAIN OR PAINT 30 S �- 10 ® _Dollars Cents PER LIN Al_ FOOT 29. 100 RELOCATE EXISTING 42' HIGH WOOD LF FENCE AND CONSTRUCT NEW FENCE POSTS PER DETAIL O / .7 a J ® Dollars r Cents PER LIN AL FOOT 30. 15 CONSTRUCT 60' HIGH, 'IN KIND' WOOD LF FENCE INCLUDING STAIN OR PAINT Dollars j 2�315 Cents PER LINEAL FOOT C-5 s i V Item Estimated Item with unit price Urut Price Extended No. Quantity written in words Amount 31. 75 RELOCATE EXISTING 60' HIGH WOOD LF FENCE AND CONSTRUCT NEW FENCE POSTS PER DETAIL ® Dollars Cents PER LINEAL FOOT 32. 2 INSTALL 36' BOX TREE ON PRIVATE EA PROPERTY IN PLACE (DDollars S�L� w Cents PER EACH 33. 3 INSTALL 36' BOX TREE WITHIN THE EA STREET RIGHT-OF-WAY INCLUDING ROOT BARRIER IN PLACE ® Dollars 'f- Cents PER EACH 34. 55 CONSTRUCT, B2 CURB WITH LF REINFORCING 5%(� Dollars S_ 23 S lz6 Cents PER LINEAL FOOT TOTAL AMOUNT BID IN FIGURES: I$ 1 408. L f 0Q V TOTAL AMOUNT BID IN WORDS: OA16 #VA,; 72C—J� L/ aySf+N.D `7vv1z#v'vD2Gp '5�7vG'kl 1I C-6s SECTION C PROPOSAL for the FLORIDA-YORKTOWN ENHANCEMENT AREA from UTICA AVENUE to 17th STREET CASH CONTRACT No. 873 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and al' 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 C-1 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find g/_D Snl)11 in the amount of $ 1 4&,- which 'said amount is not less than 10 io 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 %— —q t 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 of Subcontractor and Address 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 fisting. 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 SUBMMED WITH BID State of California ss. County of Orange �A r , being first duly sworn, deposes and says that he or she is hfv6-.Is'7 & of V 7 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. A/% SO T 0 ! 5S- l Name of Bidder L t,! Signs ure of Bj6der 2q 2z S4I r49 1goN, `C,B S c Ow. 44 A rat es�Bidder Sgtrq M,ONi4Id, C,4 �'QLf0/ Subscribed and sworn to before me this day of 19 y3 . - ♦ A NOTARY PUBLI NOTARY SEAL C-4Lr.0 QMQ�Mj"MAEL L HOFAgi£OMkt /57� Public GW14M aMC# COWT *N1oe Eq. tAIM UTILITY AGREENTENT 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 FLORIDA- YORKTOWN ENHANCEMENT AREA, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7-6 J r & SH4 r jDel ram_ CdvS T/2VC7, ciN, 1,vc Contractor C�A Hr,�� /V 4so� 4 r RT-� - C-5 ;�)X J1D& All - DISQUA.L.IFICAMN QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C--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 and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 8 - 53 NA ZAr�D�sIGAl Co1VfT,P- i%v_C ontractor By 51 A11YhW NAIZ11d ;r it e 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 421614217 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 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. Contractor Date: _ _ Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: W-Fr,¢UCrioA/i 110C.- ?g LZ S/H✓T'& ,e io Ntte 96va .�Ji� Business Address ' ( "2-0) W- r_ 2Z-) r--o Telephone Number s License ivo. 2--ZS— 82-- Original ate issued ��A� on The work site was inspected by, #--A1AJ&4 T of our office on The following are persons, firms, and corporations having a principal interest in this proposal: i C-9 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 1t1tIS1ydT Oav)(-K) P, C0NS7,8UCT1dA,( iAIC ompa�ame� gig -nature of Bidder SHAH Aa2 AMSIM Printed or Typed Signature Address of Bidder Telephone Number iWGKML oow��i�+�i Subscribed and sworn to before me this a day of s 19 93 !1110 1twitcWw" OMNGE mom My CMsa . . NOTARY PUBLI NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. CI!Z OF L6N6e- Ze4-ClY , 3 33 W. &C67AI) Name and Address G-D,x/(J— sBG—/�/, Q� 'TO &O Z_ Name and Telephone No. of Project ?v4anager:5&A/IP 1<62&4ej3 U),—�430 i -7,7 Li AO_ 144T1;oJl n i- S' m or 2. T OF �E/dL �S ,�frA�P�O��. 1 38.37 F/J; tVJ 114,?1�. .yimL fl Name and Address 09- 902Q Name and Telephone No. of Project Manager:Z&",y Oh'LaSKtf r ?%d)30S:495/J 7l! 5-0!? — L/fE �/,dfl�% Slr4T�pN. �/,dY�f1.�7 6� ontract Amount Type of Work 99vAtCy Date Completed 3. Gf Tti nF Gam,!,—(/.0 99 TO agE.s r ova L Gc/" E�CIy Name and Address Name and Telephone No. of Project Manager: I./LZRQ14� (714 49 7-03,� o Contract Amourit vi)e of Wofkate omo et C-10 ;, fe CITY OF HUNTINGTON BEACH ' 1 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 FLORIDA--YORKTOWN ENHANCEMENT AREA CC--973 ADDENDUM NUMBER 1 July 14, 1993 NOTICE TO ALL BIDDERS: Please add the following modifications to the contract documents: 1. This project is financed with Federal funds. Therefore, all statutes, rules, and regulations including, but not limited to, payment of minimum wages and required by the Federal government for Federal aid construction projects shall apply to this project. (See attached Federal Labor Standards.) 2. The current general wage determinations at the time of the Notice to Proceed shall apply to this project, but for bidding purposes we are attaching recently published government wage rates. All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Please be advised that the Engineer's Estimate for this project remains unchanged by these revisions. Should you have any questions regarding this Addendum, please call Tony Folaron of this office at (714) 536-5524. Very truly yo rs, �G-7� Dou a Kato, P.E. Princi al Engineer DK:ERC:gd This is to acknowledge receipt and review of Addendum Number 1, dated July 14, 1993. It is understood that this revision of the new document shall be included in the Bid Documents. . Sir Oa/17,P• /.t/L Company 14ame Date s L�� Jc�✓/1/�, LLB By _ 3450g/1 /V*S 1Yk7 Off. &-/,) q iAa/S-7-e(10,71(Va , %dc-. S f Nr,A- 1-16 ^/ i'c,4, GR 904 o 4 C l T OF HUN r/A)6-761J �E4-0/ 2 00 0 /� P •I A) CA 9Z(4Y