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NOBEST, INC - Marina High School Sidewalk Construction Project - CC-1094 - Springdale St from McFadden Ave to Edinger Ave 12/21/98 Notice of Completion 2/16/99 - 1998-12-21
f/. 10"El City of Huntington Beach rY3i0 1�J INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT DATE: The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VILLELLA, Director of Finance I certify that no stop notices are on file he subject at this time. Date: �ROBERT F. BEARDSLEY, Public Wo6dDirector I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: / !Z22 �r CONNIE BROCKWAY, Cit erk I certify that there are no outstanding invoices on file. Date: 3 j 9 SH I F ICH, City Treasurer re") 10% Retention Payment 09/03/98 7:47 AM l AO uO• 0� WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee 19990208491 2 ; 20pm 03/22/99 005 30017669 30 64 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION - ------- ------------ -= ==NOTICE IS HEREBY GiVEN'by-the City of -Huntington Beach,--owner-in fee;'-2000 �1Main=Street; — Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Nobest Incorporated who was the company thereon for doing the following work to -wit: Marina High School Sidewalk Project CC-1094 That said work was completed February 16, 1999 by said company according to plans and specifications and to the satisfaction of the CityEngineer of the City of Huntington Beach.and that said work was accepted _by the,Ciiy.Council.of the City of Huntington Beach at a regular meeting thereof held on' Tuesday, Februg' ' ' 16, 1999,.' That -upon said contract Contractors Bonding and Insurance Company was surety for the bond given by the- said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 2nd day of March, 1999 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach )_ I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City.of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing;NOTICE. OF. COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly -and regularly ordered to be recorded in the Office of the County Recordef of Orange County by said -City Council. Dated at Huntington Beach, California, this 2nd day of March, 1999. 4 - - - — - -� - - -- - - '- -CityClerk-and ex-officio Clerk - -- - of the City Council of the City of Huntington Beach, California This document is solely for the official businessof the City of fi.4-911tIngton Beach, as cantelm- p3ated undsr Government Code Sec. 6103 and should be recorded free of charge. Tax-Exempt-Govemm6rat Agency CITY OF FlUNTIMGTCKI BEACH nie Brockway, ci Clerk B ,C eputy City Clerk V1 CO?y 7-D Y59 �0 6CP Iv0 WHEN RECORDED MAIL TO: / CITY OF HUNTINGTON BEACH Office of the City Clerk P: O. Box 190 Huntington Beach, CA 92648 &"� 6A-- Recorded in the C--_--------------� Gary County of Or Granville, Clerk/Recordealifornia 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 199 No Fee 9S2e8491 2; 20pm 03/22/99 005 30017669 30 6 l N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION -NOTICE IS HEREBY GIVEN by the City of Huntington -Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Nobest Incorporated who was the company thereon for doing the following, work to -wit: Marina High School Sidewalk Project CC-1094 That said work was completed February 16, 1999 by said company according to plans and specifications and to -the satisfaction,of the, City•Engineers of.the City, of Huntington Beach and that said work.was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday;:February 16; 1999. That upon said contract Contractors Bonding and Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this.2nd day of March, 1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ). County of Orange ) ss: City of Huntington Beach ) I;. CONNIE BROCKWAY; the.duly elected-and.qualified City Clerk and ex-officio Clerk'of the City Council of the City of Huntington Beach, California do hereby certify -under .penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder. of Orange County by said City' Council. Dated at Huntington Beach, California, this 2nd day of March, 1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California This document is sclely for the Wc. ;S-1 S and z ouJd be recordad free of C .arge. CITY OF i1�ay�i�,?,��a� 4enie Brocktuay, Ci , -cleric pUty City Clerk MAINTENANCE BOND BOND NO, CC 9063M PREMIUM: INCLUDED KNOW ALL MEN BY THESE PRESENTS, That we NOBEST INCORPORATED as Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY. organized under the laws of the State of WASHINGTON , a Surety corporation duly authorized to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the penal sum of FIFTY—SEVEN THOUSAND THREE HUNDRED NINETY—EIGHT AND NOi 100 (S 57,398.00 1 DOLLARS, to which payment well and truly to be made, we do bind ourselves; our and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated the 17THday of DECEMBER WHEREAS, 'the above bounden NOBEST INCORPORATED did on the day of into a contract with the CITY OF HUNTINGTON BEACH for MARINA HIGH SCHOOL SIDEWALK PROJECT CC 1094 , 1998 . , 19 98 , enter and has completed said contract. WHEREAS, the Obligee has accepted or is about to accept the completed contract condi- tioned upon the Principal filing a maintenance bond. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Prin- cipal shall remedy any defect in material or workmanship furnished under said contract for a pe- riod of One Yeai from date of acceptance by the Obligee, this bond shall be null and void, other- wise, the same shall remain in full force and effect. Signed, Sealed and Delivered DECEMBER 17 ,. 1998 in the presence of: NOBEST INCORPORATED G"',' ,. CONTRACTORS BO NG AND INSURANCE COMPANY cvl Surety 9,torney g ;A"I&C, 1�5/C i �y y LINDA D. COATS, ATTORNEY IN FACT 7 4661 Printed in U.S.A. f CALIFORNIA ALL-PURPOSE O'.:KNOWLEDGNIENT (� State of _ rear-nia - County of Orange On 17 nPr IQR before me, David E. Poole . Notary P Tbl; _ DATE NA.'.!E. 11 rLE OF OFF;CEn • E.G..'JANE DOE. NOTAnv PUBLIC - personally appeared Larry Nodland NAtdE(S; OF SIGNER(S) (] personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their .r DAVID E. POOLE signature(s)on the instrument the person(s), Y ,�,,� r. ty Commision # 1142095 r' v,,. Notary Public-C8lifornlaN or the entity upon behalf of which the Q.��.. 'z ORANGE COu�t/ .+ �y erson s acted, executed the ir:si; ument. 1 .= •.;,� ltyCDTmaxplresJun 14 2001 p ( ) VV NESS my hand and official seal. S;,;tlATURE 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 President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEYAN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(Si OR EN rI rY(iLS7 DESCRIPTION OF ATTACHED DOCUMENT Contract Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATIC., • 8236 neinniet Ave.. P.O. Box 7184 -Canoga Park. CA ? 13U9.718.1 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On DEC 1 7 IM before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name, Title of Olricer -e.g. "Jane Doe, NotaryPubllc" personally appeared LINDA D. COATS, Names(s) orSigner(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, CHRISTOPHER J. COATS ' . COMM. Y 1103462 D (r : NOTARY PUB: IC CALIFORNA � / CiB='- ORANGE COUNTYCD L2 &V Ccrrnn. E *m ,li* 15, 2000 i naturs of tary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER +Individual(s) _Corporate Officer(s) Titie(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) —Partner(s) —Attorney-in-Fact _Other e io'.•oa ee°O�e� evo�oso°,oe��� o••ee: e`a •Oaia oe0es e oe °o ov .°ee. • e°e .ev .°•..°ova fug,, v PONDS LIMITED POWER OF ATTORNEY lNS.'2+NCE Not Valid for Bonds Power of Attorney Executed On or After: APRIL 30TH, 2000 Number: 562117 A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. KNOW ALL' -MEN BY THESE PRESENTS,; that the Company does hereby make, co s� itu and appoint the following: DOUGLAS A. RAPP'and LINDA D.`.COATS its tru and lawful Attorney (s) -in-Fact, with" -.full power rand authority hereby conferred in its name, place and stead,to,execu A acknowledge and deliver: (1) SBA guaranteed performance an �pay;aen�t bon�dss�not itceedimg the penal sum of "sue;• s, $1,250,000; (2) bid bond for jobs where if, he con -tact is awarded,..the SBA guaranteed performance and/orpayment tonds')wi`]lnotexceed .$1,250,000; (3) all other bonds coded or lassifi1c by he uiety,Asssoc ation of America Manual. of Rules, Procedures and Classifscatoa-forFd'elitty(Forgery_and Surety -..Bonds (including future amendments thereto) as Judica.a_--Contract (excluding..,bid bonds), Miscellaneous, License `.and Permit, and Federal .not -exceeding the penal• sum of $6,000,000; (4).bid bonds for jobs written pursuant to the authority in clause (3) above where;-.3.p thecont_act isawarded,� the performance and/or payment bond(s) will n6VZex6e'dd $ 00,E Q, A9) all tother_ bonds not exceeding the penal sum'.of $500,0ZZ 00;--dhd:(�•. consents; ,releases and°other similar documents required by at�obligeeadea`contra'ctlbonded by the Company. This appointment is .made under -the . authority of the =Board_ of+Directors of the Company .------------------ --- ---- t =_ ---- --------- —:r ----------------------�----- --- --- -------------------- 7. CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this. Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. 3ond Number CC 9063 Signed and sealed this .17TH ,may of DECEMBER 19 98 Kevin L. Lybeck, Secretary CBIC 0 1213 Valley Street • P.Ct/Box 9271 • Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (National) • (206) 382-9623 FAX CBIC PoaLPO a.02-US031296 NOBEST INCORPORATED P.O. BOX 874 WESTMINSTER, CA 92684 714-892-5583 3 February 99 City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-1094 MARINA HIGH SCHOOL SIDEWALK IMPROVEMENT PROJECT Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those. required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. g:cc .cashcon ] DECLARATION OF SATISFACTION OF CLAIMS I, Larry Nodiand , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Marina High School Improvement Pro j ec and dated 12-17-98 2. All Nvorkers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of Califomia: (if none, state "NIONE") NONE I declare under penalty of perjury that the foregoing is true and correct. Executed at Garden Grove, C; on this 3 day of February , 1990. L-&rrg No Vand, Prle,,sident Nobest Ind4orporated g:cc`.cashcon2 P C, �.P '�-" j - i� CITY OF HUNTINOTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 1, 1999 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy.of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, 411 Connie Brockway City Clerk CB/cg Enclosure: Notice of Completion — CC-1094 — Marina High School Sidewalk Project (Telephone: 714-536-5227 ) i- WREN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Nobest Incorporated who was the company thereon for doing the following work to -wit: Marina High School Sidewalk Project CC-1094 That said work was completed February 16, 1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday, February 16, 1999. That upon said contract Contractors Bonding and Insuranee,Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 2nd day of March, 1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City'of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 2nd day of March, 1999. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California This document is sa!ely for the µ..c. 6103 an-: —:6a3n 'ud be recorded free of crsa: ge. Tax-Bx9mpt-aovzfi,,nsr` 'Jonoy CITE' CF 9-n:..NT R FA 0 ,4n1,,wqa1y,,a Brock L? ?er?c B Iti Cler:< �� char/o�n� �Pl✓ 7�Q Beards/ d KPH/ CITY OF HUNTINGTON BEACH MEETING DATE: February 16,1999 DEPARTMENT ID NUMBER: PW 99-07 Council/Agency Meeting Held:&Z�2/yo 660. 70 De rred/Continued to: Approve ❑ Conditionally Approved I] Denied Aewry C iKylerk's Signature Council Meeting Date: February 16,1999 Department ID Number: PW 99-�7 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION D >`''c SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS — z SUBMITTED BY: RAY SILVER, City Administrator �"'G �jr� 4 �Rgr > PREPARED BY: 40BERT F. BEARDSLEY, Director of Public Works SUBJECT: Accept the Marina High School Sidewalk Project; CC 1094 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Nobest, Incorporated, has completed its contract for the construction of the Marina High School Sidewalk Project. Funding Source: Sufficient Measure M Funds along with County of Orange Flood Control Funds and Huntington Beach Union High School District Funds were authorized for this project. Recommended Action: Motion To: 1. Accept the Marina High School Sidewalk Project, CC 1094 at a final cost of $55,227.00 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. Analysis: On December 21, 1998, Council awarded a contract to Nobest, Incorporated, in the amount of $57,398.00: The adopted project budget also included $5,740.00 to cover potential change orders and $1,862.00 for supplemental expenses, for a total of $65,000.00 to construct the Marina High School Sidewalk. The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion. The following is a summary of the final project costs: 1094/notice of completion/RCA -2- .3 01/26/99 12:40 PM REQUEST FOR COUNCIL ACTION MEETING DATE: February 16,1999 DEPARTMENT ID NUMBER: PW 99-07 1. Contract Amount: 2. Change orders: Subtotal: 3. Supplemental Expenses: Total: Council Approved $57,398.00 5.740.00 $63,138.00 1.862.00 Environmental Status: Not applicable. Attachment(s): RCA Author: Charlonne Actual Expenditures $55,227.00 0.00 $55,227.00 0.00 $55,227.00 1094/notice of completion/RCA -3- 01/21/99 3:45 PM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept The Marina High School Sidewalk Project; CC 1094 and File a Notice of Completion COUNCIL MEETING DATE: February 16, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget,-over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable . . .... . ... ................ . EXP. ... .. . LANATION FOR MISSING ATTACHMENTS EXPLANATION FOR RETURN OF ITEM: RCA Author: Charlonne ook 1y� P. CITY OF HUNTINGTON BEACH l��`�'✓I MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: PW 98-092 Council/Agency Meeting Held: De rred/Continued to: Approv d ❑ Conditionally A proud ❑ Denied lJT� C' Clerk's Signature Council Meeting Date: December 21, 1998 7 Department ID Number: PW 98-092 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR and CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administra,��� PREPARED BY: YK ROBERT F. BEARDSLEY, Director of Public Worksc Cj )o� SUBJECT: Approve Construction Contract for the Marina High School Sidewalk Project; CC 1094 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue : On December 1, 1998, the City Clerk received and opened bids for the Marina High School Sidewalk Project; CC 1094 and the project now stands ready to award. Funding Source : $20,667 in Measure M Funds are available in account number E-SX-PW- 896-6-32-00. The balance of the project will be funded by a combination of Huntington Beach Union High School Funds and County of Orange Flood Control Funds. Recommended Action : Motion to: 1. Approve the lowest responsive/responsible bid submitted by Nobest Incorporated, for the Marina High School Sidewalk Project; and L------Z. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of $57,398; and 3. Authorize the Director of Public Works to expend a total of $65,000 including the contract amount of $57,398, anticipated construction change orders of $5,740 and supplemental expenditures of $1,862. 1094/Award Contract/RCA -2- 12/02/9 8 2:58 ISM REQUEST FOR COUNCIL ACTION MEETING DATE: December 21, 1998 DEPARTMENT ID NUMBER: PW 98-092 Alternative Action(s): Cancel the construction project or authorize rebidding of the project. Analysis : This project is a cooperative effort between the Huntington Beach Union High School District, the County of Orange, and the City to provide sidewalk improvements along Springdale Street from McFadden Avenue to Edinger Avenue, adjacent to Marina High School. These improvements will help provide safe passage for school children along Springdale Street. Currently there is no sidewalk serving the high school on the west side of Springdale. The County of Orange will pay for the removal of the existing chain link fence and installation of a new chain link fence along the project's perimeter. The City and the Huntington Beach Union High School District will equally share in the cost of construction for the new sidewalk and driveway. On November 16, 1998, Council approved the plans, specifications and authorized Public Works to solicit construction bids. On December 1, 1998, bids were received and publicly opened by the City Clerk. The Engineer's estimate for this project was $85,000. Summarized below, in the least dollar amount, are the bids submitted to the City of Huntington Beach. 1. Nobest, Inc........................................................................................... $57,398 2. J.D.C., Inc................................................................................. $65,900 3. Kovac, Inc................................................................................ $68,106 4. Ranco, Inc................................................................................ $76,470 5. S. Parker Engineering................................................................... $78,886 6. Civil Works, Inc.......................................................................... $84,180 7. KAS Equipment............................................................................ $88,342 8. Peter C. David, Inc........................................................................$104,310 Environmental Status : This project is categorically exempt pursuant to Section 15301 of the California Environmental Quality Act. Attachment(s): RCA Author: Charlonne 1094/Award Contract/RCA -3- 12/02/98 2:58 PM CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: -/t ) q S TO: ff-a 5T hynog-46Ya. &Pdr! Nam dbx tr t �Yeszm//2132) (�*'L/r. . 926� City, State, Zip ATTENTION: y /V O DEPARTMENT: R�LE`GARD-ING:eZ.'/09'i- &NAj,9A . /off/ ci//deco ✓eme/26 See Attached Action Agenda Item �i� Date of Approval Enclosed For Your Records Is All Executed Cope Of The Above Referenced Agenda Item. Remarks: �PJ-N.H.t-t� &C'�U7 Connie Brockway City Clerk. Attachments: Action Agenda Page__.,/ Agreement ✓ Bonds _� Insurance ✓ RCA Deed Other / CC:2a r Pc DPW V/ N Dep men RCA / Agreemen Insurance , Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insuran Other Risk Management Dept. Insurance Received by Name - Company Name - Date &Folloaup/coveritr ( Telephone: 714-536-5227 (7) 12/21/98 - Council/Agency Agenda - Page 7 D-2. (City Council/Redevelopment Agency) Joint Public Hearing Between City Council & Redevelopment Agency - Proposed Disposition And Development Agreement For Sale Of Real Property Within The Talbert Beach Redevelopment Project Sub - Area To Sassounian Capital Ventures, Inc. (600.30) Joint public hearing between the City Council and Redevelopment Agency pursuant to the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seq.) for the purpose of considering the approval of a proposed Disposition and Development Agreement") between the Agency and Sassounian Capital Ventures, Inc., ("Developer'). The Agreement provides for the sale of approximately 0.68 acre parcel of real property bounded by Talbert Street, Joyful Lane and Happy Drive (the "Site") within the City's Redevelopment Project Area, specifically the Talbert -Beach Redevelopment Project Sub -Area of the City of Huntington Beach (the "Project Area"), to Developer and the construction thereon by Developer of a single family residential development. The purpose of the joint public hearing is to consider: 1. The proposed sale of real property by the Agency to Developer. 2. The proposed terms and conditions of such sale of real property. 3. The proposed Disposition and Development Agreement. 4. All evidence and testimony for and against the approval of the Disposition and Development Agreement and the sale of real property and the terms and conditions therefor. The Agency has prepared a Summary Report in connection with the Agreement which describes and specifies: a. The cost to the Agency of the Agreement. b. The estimated value of the interest to be sold, determined (i) at the highest and best uses permitted under the Redevelopment Plan and (ii) at the use and with the conditions, covenants, and development costs required by the sale. c. The purchase price, and an explanation of why the purchase price is less than the fair market value of the interest to be conveyed, determined at the highest and best use consistent with the Redevelopment Plan. d. An explanation of why the sale will assist in the elimination of blight. e. Other pertinent economic analysis. Any and all persons having objections to or wishing to express support of the proposed Disposition and Development Agreement, the proposed sale of real property or the proposed terms and conditions therefor, or the regularity of any of the prior proceedings, may appear and be heard before the Agency and the City Council on the proposed Disposition and Development Agreement, the proposed sale of real property and the proposed terms and conditions therefor. Any persons desiring to be heard at the hearing will be afforded an opportunity to be heard. At any time not later than the- hour set for hearing, any person objecting to or supporting the proposed Disposition and Development Agreement, the proposed sale of real property or the terms and conditions therefor, may file in writing with the City Clerk a statement of his or her objections thereto or support thereof. The documents referred to above are available for public inspection and copying during regular office hours at the offices of the City Clerk and Clerk of the Redevelopment Agency. Recommended Action: Open public hearing and continue open to Tuesday, January 19, 1999. [Opened public Hearing and Continued 5-0 (Julien: Absent, Garofalo: out of the room)] ATTACHMENT 1 My CITY OF HUNTINGTON BEACH VICINITY MAP DEPARTMENT OF PUBLIC WORKS __ FILE: C:\ACAD\TAITE\MASTER\PRJCT-MP RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Construction Contract for the Marina High School Sidewalk Project: CC 1094 COUNCIL MEETING DATE: December 21, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable . EXPLANATION FOR; MISSING ATTACHMENTS EXPLANATION FOR RETURN OF,ITEM CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR THE MARINA HIGH SCHOOL SIDEWALK IMPROVEMENTS CONSTRUCTION PROJECT (CC-1094) THIS AGREEMENT, made and entered into this 4A5 6. day of 19 9d , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NOBEST, INC. a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as the "PROJECT," more fully described as the Marina High School Sidewalk Improvements Construction Project (CC-1094) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. g:ag ree/nobest/12/08/98 However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in anyway, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; g:agree/nobesV12/08/98 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated -and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this -Agreement shall control and nothing herein shall be considered as an -acceptance of -the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Fifty Seven Thousand, Three Hundred Ninety Eight Dollars ($57,398), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after a Notice to Proceed is issued and shall diligently prosecute the PROJECT to completion within ten (10) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. g:agree/nobesV12/08/98 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, :subcontractors and CITY forces and, in'general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to 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 g: agree/nobesUl 2/08/98 data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, priorto entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: one in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. g:agree/nobestll 2/08/98 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely_ difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. g:agree/nobesUl 2/08/98 CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days 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 materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate g:agree/nobest/12/08/98 the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT,.if-the actual quantities used are either more than or less than the quantities- listed in the bid schedule,Ahe bid price.shall prevail subject to the provisions of this. Section. DPW may, at its:sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. g: ag ree/n obest/l 2/08/98 When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated: in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. g: ag ree/n obesU 12/08/98 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except. where. caused. by the active negligence, sole negligence, or willful misconduct of -the City. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish g:agree/nobesUl 2/08/98 to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its officers,.and employees as Additional Insureds;, and shall specifically.provide.that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without. thirty (30) days prior written notice of CITY. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. g:agree/nobesVl2/08/98 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to -any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. g: ag ree/n obest/ 12/08/98 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. g:agree/nobestll 2/08/98 28. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to .Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for.payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED g:agree/nobest/l 2/08/98 32. ENTIRETY The foregoing, and Exhibit "A,": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. NOBEST, INC. By: Lar dl nd�, Pres' ent By: Robert Nodland II, Secretary REVIEWED AND APPROVED: City Adm' trator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST - City Clerk /z 3D Qp APPROVED AS TO FORM: . ?.-( �j I-_QCtykAttorney INITIAT PPR VED- 55 Director of Public Works g:agree/nobesb12/08/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N'.. 5907 State of_ rali.nrnia County Of Orange On 17 Dec 98 before me, David E: Poole , Notary Public DATE NAME, 11 rLE OF OFFICER • E.G., "JANE DOE, NOTARY PUBLIC' personally appeared Larry Nodland & Robert Nodland II NAME(S) OF SIGNER(S) 0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized DAVI E. Motecapacity(ies), and that by his/her/their M� 4M Commis)on # 1142085 r' signature(s) on the instrument the person(s), Notary Public -California X ORANGE County y or the entity upon behalf of which the - ,` hilyCommExplresJun 14.2001 �'' person(s) acted, executed the insi- ument. WI ESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying On the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER -❑ INDIVIDUAL R1 CORPORATE OFFICER President & Secretary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Contract Agreement __ _ TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Renimel Ave., P.O. Box 7184 - Canoga Park. CA 91309-7 18-1 CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND NOBEST, INC. FOR THE MARINA HIGH SCHOOL SIDEWALK IMPROVEMENTS CONSTRUCTION PROJECT (CC-1094) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ENTIRETY 16 g:agree/nobest/l 2/08/98 SECTION C PROP-0SA-L—.- for the Marina High School Sidwalk Project ' _ from Springdale Street McFadden Avenue to Edinger Avenue CASH CONTRACT No.1094 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 10 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item ;Estimated gtende ;:> ;. uanh ::::~:>:.wriifen' n words>>;:::::«;. ... ;:.;:Umt:Price:>::::: u Mobilization --:. -=-_----- - - lump Burne `y G� - _ Dollars $ `� _1000 $ t Cents Per lump sum 2 1. Clearing & Grubbing lump sum ci _ Jilf�.M"�CC -�, �-I Dollars Cents Per lump sum 3 12600 Construct Sidewalk per OCFCD Std. 1205 S.F. CW o Dollars $ C S $ 3a 1 Cents Per S.F. 4 1720 Remove and Salvage Existing Chain Link Fence L.F. n Dollars $ C7L $ 3�l- Cents Per L.F. 5 1720 Construct 6' C. L.,Feence per OCFCD Std. 600-0-OC L.F. C U 1(uL Dollars $ �_ cc $ I 54W Cents Per L.F. 6 2 Construct C.L. Gate per OCFCD Std. 600-0.-OC Each c, _I�V1� �1(V�Gp SIDollars $ cu $ Cents Per Each 7 1 Construct Driveway per HB Std. 211 Each (u��VP. �` Dollars $ a 0b $ Cents Per Each 8 u Dollars $ $ Cents Per 9 Q Dollars $ $ Cents Per C-Is If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice -of award of contract to the BIDDER, the proceeds of the. security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ��\ in the amount of $ BOO !,-, which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to .the AGENCY. (Please' insert the words "Cash "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section_4104. _the_Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number �- C 5 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That -the AGENCY will be fumished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being fi st duly sworn, deRoses and says that he or she is of S=bAthe 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. X VIK MiA Address of Bidder Subscribed and sworn to before me this S� day of 2.C_ _ , 199 L- . NOTARY PUBLIC �, �L r; UAV1D E. POOLE yp Commi;ion # 1142095 r Notary Public - California M -1 ORANGE County CAP Y AAvrS.......^...... - . .. -- C-4 UTILITY AGREEMENT HONORABLE MAYORAND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the_ contract, known as the Marina High School Sidwalk Project, (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: 1 .1. \ ` Ct b - Contractor C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14316 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 10 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor _Code, _each _contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor. Code. which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such . provisions before commencing the performance of the work of this contract. Date: G- - \ - °\5 t'ASc_ Contractor C-7 .UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned.to the AGENCY. Section 4216/4217 of the. Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 5 o73M i.b Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION Business Address City, State Zip Teleohone Number State Contractor's License No. and Class `t Original Date Issued Expiration Date The work site was inspected by of our office on , 199$ The following are persons, firms, and corporations having a principal interest in this proposal: r Aac S�- s C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Typed Signature Subscribed and swornto before me this ( S-day of , 199g . V r%t ad 1-• rVVL%- - H Commision # 1142095 r" Notary Public - CaliforniaX ORANGE County NOTARY PUBLIC MyComrn Expires Jun 14.2001 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. - 5ce Name and Address of Public Agency F1 3. Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone.No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 NOBEST INCORPORATED Reference List 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement . $ 650,000.00 Contact: Craig Allen (714)765-6860 2. CITY OF HUNTINGTON BEACH Project: Trident Lane Improvements $ 400,000.00 Contact: Chris Gray (714) 375-5042 3. CITY OF SANTA ANA Project: Omnibus Concrete Repair $ 269,000.00 Contact: Quinn Moore (714)565-4046 4. CITY OF CULVER CITY Project: Cattaraugus Reconstruction $ 221,000.00 Contact: Vernon Nickerson (310) 202-5791 5. CITY OF HUNTINGTON PARK - Project: Ford Lane Improvements $ 76,000.00 Contact: Pat Fu (213) 582-6161 6. CITY OF WALNUT Project: Camino De Teodoro $ 72,000.00 Contact: Bob Morgenstern (909) 594-9702 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 110. 5901 State of ca,,,_, fc=n i a County of Orange On �I - � - "8 before me, David E . Poole - Notary Public , DATE NAME. TITLE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBLIC - personally appeared Larry Nodland NAMES) OF SIGNER(S) FX_1 personally known to me - OR - .❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their DAVID E. PooLE signature(s) on the instrument the person(s), Commislon # 1142095 r- IX 40 . Notary.Public- Califomla%r or the entity upon behalf of which the ..e ORANGE County ?° h4yC0mn Expires !un 14.2001 person(s) acted, executed the insta ument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL El CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 1 �'e_ -_ &�Nk - TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave.. P.O. Box 7184 - Canoga Park. CA 91309.7184 CBIC CONTRACTORS BONDING AND INSURANCE COMPANY KNOW ALL. MEN BY'1'l I1SU l"RESEN'I'S: •I'l)al we, NOBEST INCORPORATED California: 23172 I'laza Pointe Drive BID BOND State 185 Laguna dills, CA 92653 : (714)770-9733 (800) 274-011C National (714) 770-9805 FAX Bond No. Premium included in Bid Bond Service Undertaking as Principal, (hereinafter culled the "Principal"), anti Contractors Bantling and Insw•ance Company of Scallle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, (hereinafter culled the "Surely"), are held firmly hound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of - TEN PERCENT OF THE TOTAL AMOUNT OF THE BID .)t toexceed TEN PERCENT OF THE TOTAL AMOUNT OF THE BID ntDollars ( _ 10% ), for the payment of which sum well and Iruly to he made, the suit) Principal anti the said Surely, hind ourselves, our heirs, executors, administrators, successors and assigns, jointly anti severally, firmly by these presents. W 1 IEREAS, the Principal has submitted u hid for MARINA HIGH SCHOOL SIDEWALK PROJECT CC NO. 1094 NOW, Tl IEREFORE, if the Obligee shall accept the hid of the Principal anti the Principal shall enter into a contract Willi the Obligee in ,accordance with the terms of such bid and give such banal or bonds as may he specified in the bidding or contract documents with good and sufficient surely For the faithful performance of such contract and for the prompt payment of labor and material in the prosecution lhereul', or in the event of the failure of the Principal to enter into such contract anti give such bond or bands, 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 hid, then this obligation shall he null and void, otherwise to remain in full force anti effect. Signet) anti scaled this 23RD day of NOVEMBER Witness Witness ('325d I(l1IA1, 8.7i 198717 Printed in cooperrtlun with the American Institute or Architects IAIA) by C"ntractors Il"nding and Insurance Company. She language in this document conr"rms exactly to the language used its AIA Document A-310, February 1970 Milan 1141) A.D. 19 98 NOBEST INCORPORATED •alai) Principal x Surely: C ctors Bondiil r and Insurance Company By LINDA D. COATS Attorney -in -Fact andl.lIll l.a1 CA111199.1 o'oe eOo °� ° e6 e e°o 0o v e o°o°e o°ems= eee000 eo a oeve a e �� o e �•�e °e a ��o e° ee e�� a°o a �•� e'e�ou o �_� � �o� ° �_► a^O°� �� °'Oo° ^ �� °°o°'e o^ �� o°e evo �� eee a �� e�^o e�►e a e�+° e�+e°o oe ��°o °e°a°e ee ��O°o a°o <o a ��ooe epopo o �i-o°e e�e� 'o °ice ° o°o° oo°o ^ oe oo^oo e��a o o'o°o �+o °e°Oo a°ono°ee°e°ee°e o�°°^o°e°o°o°oe°ego°°o°o°o°eo°e°ono°o°o°o°Oo a°ego°Oo°oeooe°u�o°o°oeo�° � °0000°oo°ego°Oo°o°e°e"eo°ono°Oo°o°o°e oo°o�_a°0000e°e°"°o°^o°eo�oep o e° °oeeepo�ooee000000e.00e0000pe$°moo°000eeeoo�0000000eo$o�oa0000eeooe�oa°00000e oe�0000000ee$o�°a0000eeo$o�000e000 0o°o�O^o°000°e°epo°� oO°°oho°0000° °e°� �OOOOepo�eeo0000000 p°!o°o0000000po�ope 0000OOepa �oo000OOOeep°!oe°OO000Oepo!oeo000000epo;oe 0000000 ope!oeo000000epo!Qeo00000 p°�p0 °eye°0 °eye°0 iov�oori1ililQriov�o LIMITED POWER , ATTORNEY A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. ¢ ' �vky^e:� #' T*,r,,e'` u 41;-iI1-11..,; �'�y-4 1rd � i fir.. KNOW ALLxbN BY THESE -PRESS S, that the Companyldoes =here }make, o itu e and appoint}ythefollowing DOUGLAS A�RAPPandI'iiNDAtD COATS �it'strue ands .N'"z'O` ', 3'�d`t+p`trrti:'Y:.+�"" _g r Zawful,Attorney (s� a 'Fact3i .x'Rx"- owed and author' ity erebyconferred 3-R:•'.:3 its 'name, place an$ �istea to ecue ackao ] e Viand Adel ver(1SBA�� -xSYsr:��. guaranteed performanceaan- a n oti n xc a thepenal�sum of a - ri+tla„ $1 250 bo 000 '(2)� bid=xn rr d o e o ra tisawarded,`the SBA guaranteed performance�aa "_o ga t cnd_ wi- orsexce' ed$3250,000,-:.(3)ii Lxf 4 -+c all other bondsc domed }or ss h ra ss rationofAmericaManual Hof Rules, Procedures add clhssxf T fo d .Forge ana�surety Bonds (ifuture amendments thereto} ncluding `as Judicial, Con ract ;(excluding bid bones) ; "Miscellaneous �icen a -and Perin t i -bLhd Pederal�.n t . exc edin they enaZ° ' �.2r'�.; Y !> �� oCC.�`p ... f• b sumLof'$6,0,00,000, (4}- d bonds-•fo os written-pursuan =to ne authority in �_ clause'(3) above where $ cb �iwa`e thetperformance and/or; payment bonds) willno exc�d ' 5} _ her�I?ondsnot+ exceeding the penal sum of $500,00 ad zy en a ease_ nd other simil coar i� documents required Eby ra ge - ade on ration a by;athe Company This appointment; is;,madesundDirectorCr X theme Company h — iY-- — 'r — _ a" '3'�, o-z ' i 3i %. '.?✓ .s : -?� '' ,¢a;bs. _ : > vp. ; ='�'' }- -:,m,� 7o't------------- CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. 3ond Number BID BOND Signed and sealed this 23RD eXay of NOVEMBER 19 98 1IS 11 111M oeoe000 a.� Kevin L. Lybeck, Secretary ;;:• CBI • 1213 Valley Street • P. ox 9271 a Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (National) • (206) 382-9623 FAX rRTr PoaLPOA.02-US031296 !:�' California: eolvos 23172 Plaza Pointe Drive PERFORMANCE BOND Lagu 185 La Puna Hills, CA 92653 California Public Works (7 (800) 00) 274--CBIBIC National INSURANCE (714) 770-9805 FAX Bond No: CC 9063 Premium: $ 620.00 KNOW ALL MEN BY THESE PRESENTS, That we, NOBEST INCORPORATED , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound [into CITY OF HUNTINGTON BEACH called the Obligee, in the sum of FIFTY-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND NO/ 100 Dollars ($ 57 , 398.00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract, dated the day of , 19 98 , with the Obligee to do and perform the following work, to -wit: MARINA HIGH SCHOOL SIDEWALK PROJECT CC 1094 ("Contract"); NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform the construction work called for under the Contract then this obligation shall be void; otherwise to remain in full force and effect.. PROVIDED, however, that this bond is for the benefit of the named Obligee only, and no other person orentity has any rights against this bond; and PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one(]) year from the date on which the Principal last performed work under the Contractor from the date of substantial completion of the Contract, whichever is earlier; and PROVIDED, FURTHER, that this bond shall not be liable for any liability of the Principal for tortious actions or inactions, whether or not said liability is imposed by statute, common law, or is imposed by the Contract. It is the intent of all parties that this bond shall not be a substitute for or supplemental to any liability or other insurance required by the Contract. Signed and sealed this 17TH day of DECEMBER 19 98 Principal: NOBEST INCORPORATED CONTRACTORS BONDING AND INSURANCE COMPANY By: By: Attorney -in -Fact LINDA D. COATS G.:: 7• Bndl_HPRUI-CA022196 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rr� State of _—C ,ate ffCZ County of Orange On 17 Dec 98 before me, David E. Poole , Notary Public DATE NAME. 11TLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC' personally appeared Larry Nodland NAMES, OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized OAVID E. POOLE capacity(ies), and that by his/her/their - Commslon # 1142095 r- signature(s) on the instrument the person(s), v' «` Notary Public - California N ORA.NGECounty or the entity upon behalf of which the CommExplres I n 14,2001 person(s) acted, executed the instrument. W ESS hand and o l seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL El CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SiG.NER IS REPRESE14TING: NAME Or FE=SONIS) UR EN RMIES) DESCRIPTION OF ATTACHED DOCUMENT Contract Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 nernmel Ave.. P.O. Box 7184 • Canoga Park. CA q 1309-7181 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On DEC 1 7 ts98before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name, Title of Officer - e.g. ".lane Doe, Notary Public" personally appeared LINDA D. COATS Names(s) of Signer(s) personally known to we or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, � C-Hrl-STOPHER j. COATS , � • ' - COA MI # 1103462 ! U'`j,5.=rr PJOTP,P.Y Liy�•`" PUBLIC CALIFORNIA j' �' 4 n •'4: 4` ORANGE_ COUNTY My Cornm. 6pires JuP/ 15, 2000 nature of o ry ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER Individual(s) —Partner(s) _Attorney -in -Fact Corporate _Other Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) a b PAYMENT BOND California Public Works INSURANCE Bond No. CC 9063 Charge for this bond is indudul in premium fur I'CrI-,tllllance Bond, KNOW ALL MEN BY THESE PRESENTS, That we, NOBEST INCORPORATED California: 23172 Plaza Pointe Drive Suite 185 Laguna Hills, CA 92653 (714) 770-9733 (800) 274-01IC National (714) 770 9805 FAX , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH called the Obligee, in the SLIM of FIFTY—SEVEN THOUSAND THREE HUNDRED NINETY—EIGHT AND NO/ 100 Dollars ($ 57 ,398.00 ) (penal sum) for the payment whereof said Principal and Surety hind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract dated the clay of 19 98 with the Obligee, for. MARINA HIGH SCHOOL SIDEWALK PROJECT CC 1094 ("Con(ract'): NOW, THEREFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3181, or amounts clue under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of e nployees of the conk actor and subcontractors pursuant to Section 1020 of the Unemployment Insurance Code, with respect to such work and lahor, then this obligation shall be void, otherwise to remain in full force and effect, subject however to the following conditions: 1. That this bond is only for the benefit of persons named in Civil Code Section 3181 (and (heir assigns) who have contracts with the Principal or its subcontractor(s), and no other party shall have any right of action against this bond. 2. It is a condition precedent to claim upon this bond that claimant has given the 90-day public works preliminary bond notice as provided in Civil Code Section 3091. 3. No suit may be brought on this bond unless commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code Section 3184. 4. If suit is brought upon the bond, a reasonable attorney fee shall be paid to the prevailing party, but no attorney fee shall be paid from the bond unless such suit has been filed prior to payment by the Surety of the claim. 5. The Surety's liability hereunder is limited, singly or in the aggregate, to the penal sum of the bond set forth herein, and any payment by the Surety to a claimant or claimants hereunder reduces and exonerates the bond to the full extent paid. Signed and sealed this 17TH clay of DECEMBER , 19 98 Principal: NOBEST INCORPORATED CONTRACTORS BONDING AND INSURANCE COMPANY By: By: •K,3 0,MV 6 - 1� Attorney -in -Fact LINDA D. COATS T Y BndLH YP.0 I-CA022196 C. ^;:�-Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of__raljfnrnia County of Orange On 17 Dec 98 before me, David E. Poole , Notary Public DATE NAME. TI fLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC - personally appeared Larry Nodland NAMEISI OF SIGNER(S) 0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their DAVID E. POOLE signature(s) on the instrument the person(s), Commslor.#1142095 r or the entity upon behalf of which the Notary Public - California X t`t �d ORANGE County N person(s) acted, executed the it 'rument. J ; �. tiy'Commcxpires,iun 14,2001 WZNESS my hand and official seal. SIGNATURE OF NOTARI 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 n RI CORPORATE OFFICER President -- TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ .GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PE9SCNI5) : )R DESCRIPTION OF ATTACHED DOCUMENT Contract Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave.. P.O. Box 7184 - Canoga Palk. CA 91309-718-1 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On GEC 1 � 1998 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared LINDA D. COATS Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, CHRISTOPHER J. COATS COMM. # 1103462 NOTARY PUBLIC CALIFORNIA M Q "". � ORANGE COUNTY Cn pay Cantu. Expires Jt1Iy 15, 2WO nature of tary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) _Corporate Officer(s) Tille(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) _Partner(s) _Attorney -in -Fact Other I have received Performance Bond No. CC 9063, Contractors Bonding and Insurance Company — Nobest Incorporated. Re: CC-1094 — Marina High School Sidewalk Project Dated: By: California: BC)"DS 23172 Plaza Pointe Drive PERFORMANCE BOND Suite 185 Laguna Hills, CA 92653 California Public Works (800) 274-CBI (800) 274-CBIC National INSURANCE (714) 770-9805 FAX Bond No: CC 9063 Premium: $ 620.00 KNOW ALL MEN BY THESE PRESENTS, That we, NOBEST INCORPORATED , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in the State of California, called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH called the Obligee, in the Sum of FIFTY—SEVEN THOUSAND THREE HUNDRED NINETY—EIGHT AND NO/100 Dollars ($ 57 , 398.00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract, dated the day of , 19 98 , with the Obligee to do and perform the following work, to -wit: MARINA HIGH SCHOOL SIDEWALK PROJECT CC 1094 ("Contract"); NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly perform the construction work called for under the Contract then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, however, that this bond is for the benefit of the named Obligee only, and no other person orentity has any rights against this bond; and PROVIDED, FURTHER, that any suit under this bond must be instituted before the expiration of one (1) year from the date on which the Principal last performed work under the Contract or from the date of substantial completion of the Contract, whichever is earlier; and PROVIDED, FURTHER, that this bond shall not be liable for any liability of the Principal for tortious actions or inactions, whether or not said liability is imposed by statute, common law, or is imposed by the Contract. It is the intent of all parties that this bond shall not be a substitute for or supplemental to any liability or other insurance required by the Contract. Signed and sealed this 17TH day of DECEMBER 19 98 Principal: _ NOBEST INCORPORATED CONTRACTORS BONDING AND INSURANCE CONII'ANY By: By: -- Attorney -in -Fact LINDA D. COATS C. 't3ndl-HPP.0I -U CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nu_5907 State of- c�lifpr-nia County of Orange On 17 Dec 98 before me, _ David E. Poole . Notary Public , DATE NAr.tr_. I TLE OF OFFICER - E.G., -JANE DOE. NOTARY PUBLIC - personally appeared Larry Nodland NA1.1E(SI OF SIGNER(S) 0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized DAVID E. POOLE capacity(ies), and that by his/her/their Commtslon # 1142095 r signature(s) on the instrument the person(s), Notary Public - California X M (a or the entityupon behalf of which the ;•fir..-' ORANGE County � P eayGDmmExpires Jun 14.2001 person(s) acted, executed the insii ument. WMESS hand and o icial seal. SIGMA"(URE OF NO TAR'! 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 KI CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NA-A2 Or FEPiON:S1 uR EN TITY11ES) DESCRIPTION OF ATTACHED DOCUMENT Contract Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHi ;1 THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION - 8236 nenlmet Ave.. P.O- Box 7184 -Canoga Park. CA 91309-718.1 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On DEC 1 7 1598before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared LINDA D. COATS Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my -hand and official seal, '�. GHMSTOPHER J. COATS GONIM1. 0 11 G3462 nature of 1110 r ATTENTION NOTARY: Although the information requested below Is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT .DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER �Individual(s) _Corporate Officer(s) Titles) SIGNER IS REPRESENTING: Name of persons or entity(ies) —Partner(s) —Attorney-in-Fact _Other 80ND5 CHIC INSURANCE PAYMENT BOND California Public Works Bond No. CC 9063 Charge for this bond is ineluded in Premium for Performance Bond. KNOW ALL MEN BY THESE PRESENTS, That we, NOBEST INCORPORATED California: 2:5172 Plaza Pointe [hive Suite 185 Laguna Hills, CA 92653 (714) 770-9733 (800) 274-CBIC National (714) 770-9805 FAX , called the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a Washington corporation authorized to do business as surety in tilt; State ofCalil•ornia, called the Surety, are held and Firmly hound unto CITY OF HUNTINGTON BEACH called the Obligee, in the sum of FIFTY—SEVEN THOUSAND THREE HUNDRED NINETY—EIGHT AND NO/ 100 Dollars ($ 57 , 398.00 ) (penal sum) for the payment whereof said Principal and Surety hind themselves firmly by these presents. WHEREAS, the Principal has entered into a contract dated the day of 19 98 with the Ohligee, for = MARINA HIGH SCHOOL SIDEWALK PROJECT CC 1094 ("Contract") NOW, THEREFORE, if the Principal or its direct subcontractor shall pay all of the persons named in Civil Code Section 3181, oramounts clue underthe Unemployment Insurance Code with respect to work or laborperformed under the Contract, orany amounts required to be deducted, withheld, and paid over to the Employment Development Department front the wages of employees of the contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, lhen this obligation shall be void, otherwise to remain in full force and effect, subject however to the following conditions: 1. That this bond is only for the benefit of persons named in Civil Code Section 3181 (and their assigns) who have contracts with the Principal or its subcontractor(s), and no other party shall have any right of action against this bond. 2. It is a condition precedent to claim upon this bond that claimant has given the 90-day public works preliminary bond notice as provided in Civil Code Section 3091. 3. No suit may he brought on this bond unless commenced before the expiration of six months after the period in which stop notices may he filed as provided in Civil Code Section 3184. 4. If suit is brought upon the bond, a reasonable attorney fee shall be paid to the prevailing party, but no attorney fee shall be paid from the bond unless such suit has been filed prior to payment by the Surety of the claim. 5. The Surety's liability hereunder is limited, singly or in the aggregate, to the penal SLIM of the bond set forth herein, and any payment by the Surety to a claimant or claimants hereunder reduces and exonerates the bond to the full extent paid. Signed and sealed this 17TH day of DECEMBER , 19 98 Principal: NOBEST INCORPORATED CONTRACTORS BONDING AND INSURANCE COMPANY CBy: By: r,11C� i Ln Attorney -in -Fact LINDA D. COATS ., Cm -_ BndLHI'P.01-CA022196 torney - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No sau; State of- r;;j_j_:Ep_rnj a County of Orange On 17 Dec 98 before me, David E. Poole , Notary Public DATE NAME. I rLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared Larry Nodland NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their p�"'� DAVID E. POOLE signature(s) on the instrument the person(s), Commislon#1142095 or tl�e entity upon behalf of which the Notary Public - Califorrra;tll ORANGE Cour;,_, N person(s) acted, executed the ins1tument. MyCo:-nmExpires ,iur. 2001 71S- yhand and official seal. SIGNATURE OF NOTARY OPTIONAL • Though the data below is not required by lava, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL 0 CORPORATE OFFICER President TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF FEASONIS; :,R cti:;T r I,:fiS) DESCRIPTION OF ATTACHED DOCUMENT Contract Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED A&OVE 01993 %:ATION AL NOTARY ASSOCIATION • 8236 Remniet Ave.. P.O. Box 7184 • Canoga Palk. CA 91309-7181 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On KC 1 j 19SB before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name, Title of Officer - e.g. ".lane Doe, Notary Public" personally appeared LINDA D. COATS Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my -hand and official seal, CHRISTOPHER J. COATS COMM. # 1103462 v •° NOTARY PUBLIC CALIFORNIA / r Q ` y 0 ORANGE COUNTY Comm. 50mW 15, 2000 nature of tary • , �, ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER —individual(s) —Partner(s) Attorney -in- Fact _Corporate _Other Officer(s) Tille(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS. That we NOBEST INCORPORATED CONTRACTORS BONDING AND INSURANCE COMPANY BOND NO. CC 9063M PREMIUM: INCLUDED as Principal, and a Surety corporation WASHINGTON organized under the laws of the State of , duly authorized to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the penal sum of FIFTY-SEVEN THOUSAND THREE HUNDRED NINETY-EIGHT AND NO/ 100 (S 57,398.00 ) DOLLARS, to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated the 17THday of DECEMBER , 1998 WHEREAS, the above bounden NOBEST INCORPORATED did on the day of , 19 98 , enter into a contract with the CITY OF HUNTINGTON BEACH for MARINA HIGH SCHOOL SIDEWALK PROJECT CC 1094 and has completed said contract. WHEREAS, the Obligee has accepted or is about to accept the completed contract condi- tioned upon the Principal filing a maintenance bond. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Prin- cipal shall remedy any defect in material or workmanship furnished under said contract for a pe- riod of One Yeat from date of acceptance by the Obligee, this bond shall be null and void, other- wise, the same shall remain in full force and effect. Signed. Sealed and Delivered DECEMBER 17, 1998 in the presence of: G A=:. .....:..�, z.c Attorney NOBEST INCORPORATED CONTRACTORS BO NG AND INSURANCE COMPANY Surety LINDA D. COATS, ATTORNEY IN FACT 16at Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of ---rn, ifTarnia County of Orange On 17 nPr- 98 before me, David E. Poole , Notary Public , DATE NAME. 1lrLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared Larry Nodland NAME(S) OF SIGNER(S) Z personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their , DAVI E POOLE signature(s)on the instrument theperson(s), `r,. .- ,,:: Commision # 1142095 r' :.:.{ t Notary Public-CavornlaN or the entity upon behalf of which the ORANGE County t1yComn'=x.plresJun 14 2001 person(s) acted, executed the ir;sirument. W,IT,,NESS my hand and official seal. SIGNA (URE 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 R1 CORPORATE OFFICER President TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: S:GNER IS REPRESENTING: NAME OF PERSON(S) OR EN r I rYI)ES1 DESCRIPTION OF ATTACHED DOCUMENT Contract Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 nemme( Ave.. P.O. Box 7184 - Canoga Park. CA 91309.718.3 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On DEC 1 7 in before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Dale Name, Title of ofticer - e.g. "Jane Doe, Notary PubUc" personally appeared LINDA D. COATS Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the some in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my -hand and official seal, CHRISTOPHER J. COATS COMM. # 1103462 D a NOTARY PUBLIC CALIFORNIA � ORANGE COUNTYtttm. CoBolus J* 15, 2000 i nature of tary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) —Corporate Officer(s) Tille(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) —Partner(s) —Attorney-in- Fact _Other INSURANCE Not Valid for Bonds ;; Executed On or After: APRIL 3 OTH, 2 0 0 0 °e°Oe e`e If���A'�7►T1T11TT10�TT11T11T��e�1TITITIT�p nee °e^dededode�e�e�o;o ve�ded°dee1eb4�e°o.o°0dededed0�o°�oeg °•°e Ooze � � e� � ^�+>e «o�� e o ego °o e^ 000vo ��� 0 oo°eo°e°e o °o oaeao°ooe Power of Attorney M. Number: 562117 A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. i.-1:> 4 KNOW HALL MEN BY THESE PRESENTS, that the Company does hereby niake';constitute t and appoint tYie following DOUGLAS A ` RAPP�'and;' LINDA D COATS itu-,,Kt �arid ti lawful Attorneys) in Fact, `with full�ower andPauthority herebyIconferred ans it.s name, place ands stead, to eknowledge`-iiid deliver ,pW (1)=caSBA guaranteed performance and payment bondsa not ceedingTj the penal sumo uof $1,250,000, (2) bid bonds forobs m-hre�ih�n ract is awa�rded,,�the SBA i, guaranteed performance andlor -payment b�ond(willno exceed ;$1,250, 000,: {3) all other bonds coded or- classif� ed_ by the-SuretyAs`socation ofAm°erica Manual; of Rules-; Procedures 'and. Classification for F del-�t- Fo gery and surety .Bonds ` 3 a (including future amendmentsthereto) as. Judicial,�Contract (excluding bid} d'f.,. /' .R, a - bonds) Nliscallaneous, License and Permit,�and Federal not exceed g the penal sure of $6, 000{000, ;(4) bid <bonds for jobs written pursuant to the authorityrin .: clauiI se (3) above where, i the contr�is awarded ,the performance,and/or payment bond(s)t willcnot-exceed $6�fl00,000;{5)lotk�er bondsnot exceeding the penal sum'of #$500, 000, and s) consents �releasegtggnd :other similar documents required, by an_obligeeinder a ntradt t1eCompany This appointment isy made under tine authority of the Boardof� Directors of tha Company - y --- - --- — - --- f.: i , �. {. x ,Ki?a o1N a a c'�v s:..:? e'a e.; --- _r i5a--.S--------------- 20 �Ss CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. 3ond Number. CC 9063 Signed and sealed this 17TH ,may of DECEMBER 19 98 Kevin L. Lvbeck, Secretary CBIC • 1213 Valley Street • P. Box 9271 • Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (National) • (206) 382-9623 FAX C R T C Pna LPOA.02-I11,031296 MAINTENANCE BOND BOND NO. CC 9063M PREMIUM: INCLUDED KNOW ALL MEN BY THESE PRESENTS, That we NOBEST INCORPORATED as Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY , a Surety corporation organized under the laws of the State of WASHINGTON duly authorized to do business in the State of CALIFORNIA as Surety. are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, In the penal sum of FIFTY—SEVEN THOUSAND THREE HUNDRED NINETY—EIGHT AND NO/ 100 iS 57,398.00 1 DOLLARS, to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated the 17THday of DECEMBER , 1998 WHEREAS, the above bounden NOBEST INCORPORATED did on the day of , 19 98 , enter into a contract with the CITY OF HUNTINGTON BEACH for MARINA HIGH SCHOOL SIDEWALK PROJECT CC 1094 and has completed said contract. WHEREAS, the Obligee has accepted or is about to accept the completed contract condi- tioned upon the Principal filing a maintenance bond. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Prin- cipal shall remedy any defect in material or workmanship furnished under said contract for a pe- riod of One Yeai from date of acceptance by the Obligee, this bond shall be null and void, other- wise, the same shall remain in full force and effect. Signed, Sealed and Delivered DECEMBER 17, 1998 in the presence of: , _l J i iii{`i z �;, City Attorney NOBEST INCORPORATED CONTRACTORS BO NG AND I SURANCE COMPANY n Surety By:I --. -a021 �" j LINDA D. COATS, ATTORNEY IN FACT 4661 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of- rgj ; fornia County of Orange On 1 7 nPc 9s before me, David E. Poole , Notary Public - DATE NAME. l I rLE OF OFFICER - E.G..'JANE DOE. NOTAR'( PUBLIC" personally appeared Larry Nodland NAMEISI OF SIGNER(S) [] personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their oavl E- POOLE signature(s)on the instrument the person(s), Y r rommtsion # 1142095 Notary Public-CaiitornlaN or the entity upon behalf of which the ORANGE Coun!'Y �•1yComm=xptresJun 14 2001 person(s) acted, executed the instrument. W NESS my hand and official seal. S;GtlA f URE 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 President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(% OR F_N D MILSI DESCRIPTION OF ATTACHED DOCUMENT Contract Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 nemmet Ave.. P.O. Box 7184 - Canoga Park. CA 91309.718-1 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On DEC 1 7 im before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name, Title`of Officer - e.g. ".lone Doe, Notary Public" personally appeared LINDA D. COATS Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the some in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, 8 CHRISTOPHER J. COATS COMM # 1103462 ' (r= �� " ' t NOTARY PUBLIC CALIFORNIA. M Qii :^ ORANGE COUNTY W Comm. Expires July 15, 2000 i nature o[ tary s���exaa.r�e ATTENTION NOTARY: Although the information requested below is OPTIONAL., it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER —Individual(s) _Corporate Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) —Partner(s) —Attorney-in-Fact _Other A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. i s-,'� --� -:a--=�?``raa 'tit--. �r44 -::.' -.__'7•�� r -.i itr it -- .�'�'t`��'��`a' , .� KNOW ALL MEN BY TiiESE PRESENTS,wt&at the Company does herebyZmake constitute and appoint lthe followngDOUGLAS A. RAM_'an LINDA sD ry,COATS its ,true and lawful",yAttorney (s) -in- 'act;y with Mull power Kand authority Thereby conferred in , 'its name, place and steadMto execute, acknowledge�and�deliver (1) SBA _ guaranteed performance ;ands paymenoncts notxceedg.tliep al sum;of:y $1,250,000;. (2)�bid bondsrsr-fcr jobs�trrhere, if€ the act�isa_awarded, {the SBA guaranteed`-performanceand/ox payment bond swill-notexceed $1,250,00,0; .(3) all other -bonds coded or classifieds by=theS ety Association tof America Manual of Rules, Procedures and Classifieatoa=for §Fidelity /Forgery and ;Surety Bonds ;(including future amendments�,,thereto) as Judicial,�Contract`(excluding bid s „� za,�: �yet-t:.' #. bonds),; Miscellaneous, License and Permit, and Federalknot exceeding the penal, j r sum of`$6,000,000; (4) bid bonds s for jobwritten pursuant to the authority _in. clause (3). above wherer fthe coVv ntract_ is awarded the performance and%or; .payment bonds) will not �exceed�$6,i000,00- `�(5) all�oth"er- bonds not exceeding the penal"sum of x$5, 0-00 nd (�ts;relea=ses`and�other xsimilar 00consen documents required by an obl gee nder a contract bona d;by the�Company- This , appointment :is;made undertheauthoritg-oftE�e Board'�ofDirectors of the. r 3 x Company> -- - <-..— ..`=�'��Ft.:N''s�.vY-=. -..:X. ..t;'<'�a.y_+3�'<i�:"3T��a�€t'r ��'k:-.?.. �r-- .-._,..-- -- — — — — --- — — ------ — _ ---- ---- '�= 6 � Kevin L. Lybeck, Secretary CBIC • 1213 Valley Street • P. Box 9271 • Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (National) • (206) 382-9623 FAX CBIC PoaLPOA.02-US031296 0, F,W,'a'd'a. sesede"rr".;a ardieie>b�oe: �'.°° �0'0oo000e00veao oo000e0e00000°o°p�eo°o° °o°oo ooe 0000e°e ° o° 0 0 opeeo°e0eo °°° eo 0�8 °00000' e�-e��eee Beo00 �e e00 0 ooe ego eke°0 DEC-18-1SIS8 14:32 MILESTONE r{�,y�7rP.02i02 L�l is -8/98 E_xHll;i �/e rV�'f f .c.C.0 Certificate of Insurance 600•-7° . /��oYv✓ed This certifies to the County of orange/Orange County Flood Control District that the following described policies have een issued to insured: NOBEST INCOMRA= lo- Address' P.O. BOX 874, WESTMINSTR, CA Y- 92684 - ---VT a� Coverage is provided for the rol;eving locations: r EN& H1(2i S=T. S D , KZ PBQ ECT-CC7MRAC,Z' #CC 1094 Type of Insurance insurer POiCy Nu,r,ber E(fective Date Expiration Oale Limits of Liability in Thousands (CCG) General Liability (Commercial General Liability RELIANM NATIONAL 3002947 8/3/98 8/3/99 Gr-nerd AUg.egalc $ 2 000 L Producrs•Gv p/Ov A9g. S 1,000 Persona; b Adv. r,tjwy 1 1,000 XlOccurrence 'D Broad Form Property e Damage Endorsement lJ Cornpieted Operations Inability r; Underground Explosion and Cclla se Hazard -F T y Dyr: D' °; ;' J'i .TT-17, _n rt y C_ i tit - Attorney Each occurrence S 1, 0Q0 lJ F,,c Damage (Anv one nit) _ s 50 Med. tip (any "" Person) - 5 E}{CLj.0F Automobile Liability �Ary Auto 1 All Owned Autos Scheduled Au!os U 1-tired .Autos RII.T�iCE -{7� LI INSV NCE �AL'� 8573157 Y8/3/98 I 8/3/9 Can,bincd S;nrlt e Liu,l S 1,000 4T5 `--- 6odiiy Inj„ry (Prr Per�yn) Bodily Iniurr (Pc, Accirtrni) S �. IVon.Cwned Autos l --- Property Eacti Amoco] 3 1 QQQ VVorkers' COrnpcnsation and Employers' Liability _ { CALIFORNIA WDEE SATIO 1 COMPANY_ 98A183601 10/1/98 i0/1/99 I or«,.z - Po':Cv unit s 1, OOC ---- o'P-da rt . EJI , E ,plJyce , s 0- _ Statutory -.- Excess Liability Eucli Occwtencc $ agryreh:,ta 5 QQQ i kkUrnbrella Form U other Than Umbrella Forrn �'I''�� NAT I SX30137I2 18/3/9$ 8/3/99 Property Insurance { 7 Course of Conbtruction Amount of'- Policy Covering Fire 8 Extended coverage Perils S - The following provisions will be added as endorsements to ,he above policies I. None 0•r the above -described policies Will be canceled, lun:ted m scope Of eevcragr or non-renev+ed until after 30 datys' written nol,ce has becrr giver** to the Courty of Orange. Public r-actlaies ii Resources Oepanrtnl, P.O. Belt 4C415. Santa Ana. CA 92702 Attn; Constrrt rtion Division 2 AS TtSpects operations of the named insured performer on behalf cf Ine Ccuntf of Orange!Orange County Flood Control District, the fol;owiny^ are acdcd is additional insuteCs ct all Gat;Qy Insurance policies listed above: County of Orangelorange County Flood Coniral DisrrictlCity of Hurlt_�Jtl 8' 3ao fir;t the Huntington Beach Union N;Qh School Cistrict. Their Agents, Officers and FWloyees. 3 A;I riShts of subrogation :;noer the Workers Compensalion insurance policy listed above have been waived against the County of Orangel0range Cc-Jrty Flood Control Otslrict, any ether adCitionaf insureds Isted in provision no. 2, and members of the Board of Supervisors and eiecbve or aopo,raive of`ccrs cr employees. when acting within the scope of their employment or appoi.ntr ert, and County Districts and :heir Board or Commissions which are J^vine•". '7 tie County 303rd of Supervisors. 4. It is agreed that any insurance maintained by the County of Orange/Orange County Flood Cortrol Diutr;ct and any oche: add :*idn3i insurers Lsteo it ;,rov';:c:' no, 2 wit! apply in excess of and not contribute with, the insurance de:gibed above. S The County Jf Orangr/Ci3nge Cxr+ly Flood Control District and any other additional insureds listed in prcv;sion no. 2 are named as loss payees on ttr proptrty :nsutance policy describes above. Age^cy Sic ter. rfiT,� STCii`I-F: RTSK �'dAG T AI`�D INSURAINCE SERVICES. Prone r 852-0909 TOTAL P.02 j Two (2) Copies to Front Desk - MARINA HIGH SCHOOL SIDEWALK; ON SPRINGDALE., FROM MCFADDEN TO EDINGER } CC-1094 December 1, 1998 at 2:00 PM Engineer's Estimate: $80,000 ; BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. C. J. Construction $ 2. . Civil Works Corp. $ ® ar� ®` 0 3. iJ. D. C.., Inc. $ / �® 4.-1 . RAS Equipment $ zz 5. Kovac, Inc.. $ 6.. K W. Lloyd, Inc. $ 7: 1 Nobest, Inc, $ �� io 8. Peter C. David, Inc. $ 9.1 S. Parker Engineering . - $ oleo p� O $ 470 1.1'. I $ RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH, CA IN DEC -1 P 2: 01 RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH. CA � l998 DEC -1 P I - 5 q RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH, CA M8 DEC - I P 2- 00 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: November,12, 1998 November 19, 1998 November 26, 1998 SECTION A ; NOTICE INVITINJO ' SEALED BIDS y for the Manna High School Sldewalk `protect CASWCONTRACT., NO. 1904 In th ': . CITY OF ' HUNTINGTON BEACH: PUBLIC NOTICE IS iEREBY -GIVEN that the 'ITY OF. Htt��NTINGTON 3FJ1CH, es AGENCII; - In ices seaied_,bids .for; the stile, from; the'Office of. the Director -of •Public Works, 2000 : Main Street;: Hunting- ton Beach; CA 926480pon Payment of=a $5100 nonre- fundable fee If picked up, or payment of a $15.00 nonrefundable. fee If MEMO. . I declare, under penalty of perjury, pursuant to that Any contract entered Into this -notice will the foregoing is true and correct. of the the provisions Coe. of the State Labor Coale._ Executed on November 26 , 1998 at Costa Mesa, California. Signature at 1'0% retention from all progress payments. The Contractor• may substitute an escrow holder surety of equal value to the retention In accordance with the pro- visions .of the- California Government Code, Section oe4benencial:owner oT.the surety and shall. receive an Interest thereon. The AGENCY hereby af- lirmatively ensures that ml- nority business enterprises will be afforded full -op- portuntty to submit bids In response to this -notice and will not be discriminated against on the. basis, of 'race, color, national origin, ancestry, sex, or religion In any consideration leading to the award of contract. No bid shall be consid iced unless It Is prepared on the approved Proposal; forms In conformance with the Instructions to Bidders. 'The bid must be so- companled by acertified check, cashier's check, or bidder's bond made pay- able• to the AGENCY for an amount no less than 10% of the 'amount , bid. The successful bidder shall be and Profess onss ofs Code shall possess a State rectors License Class a time of the bid open - The successful Con - or and his subcontreo- will be required to pos- licenses from the ate of Califomia, the min-� ; The AGENCY reserves the wm prevailing rate of -per right to reject any or .all' am wages for-each-craff,. bids, to waive any. Irregular ossification e or type of Ity 'and to take all bids Drkman . needed to -ex,; under advisement for a wte the contract shall b*1 maximum period- -of � 60 ose- determined- by,' -the, days. -` hector of Industrial' Reis- BY ORDER of the CITY, Wept the-State`of Callfor- COUNCIL of the CITY OF a; which -are on file at the HUNTINGTON BEACH" fllce-61f -the Director -of CALIFORNIA, the 16th day iblic -Works' 2000 Main] of November; 1998. Ireet,,. Huntington Beach, Attest: Connie Brook: A-9264e_ __ . —� way, CITY CLERK 'OF THE CITY OF 'HUN- TINGTON BEACH . Published Huntington Beach -Fountain Valley In- dependent.. November 19, 28. 1998 - PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a 4pUBLIC'NOTICE -'-We AGENCY.hereby.af= resident of the County aforesaid; I am -SECTIONA --- norltyvely ensures that ms k norlat ely 0 SUT arprlses over the age of eighteen years, and not a will be " afforded full op - NOTICE INWTINO' portunity to. submit bids In SEALED BIDS response to this notice and party to. or interested in the below for the will not be discriminated Marine High, ; against on the basis, of entitled matter. I am a principal clerk of - School Sidewalk-, race, color, national origin, Project ancestry, sex, or religion In the HUNTINGTON BEACH INDEPENDENT a CASH CONTRACT = any consideration. leading NO.1004Inth� to-theewashall betconsl i newspaper of general circulation, No�bld,,shall be: constd= CITY OF prod, unless, It IS prepared BEACH Proposal printed and published in the City of Huntington HUNTINGTON omahe approved PUBLIC: NOTICE AS forms In conformance with HEREBY GIVEN thatt-the the Instructions to Bidders. Beach, County of Orange, State of CITYBEACH sOF e •GEAGEHUNTNGTON -'Thee bid must er so- NCY;, in companled . by 'a certMied California, and that attached Notice is a ltos sealed bids for tr,e check, cashier's check, or above stated protects -and bidder's. bond -made- pay - true and complete co as was printed P PY will :raophre),such.t. bids An able to the AGENCY for an the office of the City Clerk,l amount no less than 10% Second Floor,,,200o Mein_ of'the amount bid. The an published in the Huntington Beach Street, Huntington Beach successful bidder shall be CalNomta 921t48�Up to_tne licensed In accordance and Fountain Valley issues of said ttoaC•oft2oo;PMids . llv n '! with sslandlslons Profes f theions Busl- Code ber. 1 1998 Bids wlll�,be ness and Profesalons"Code newspaper to wit the issue(s) of: publicly open°In the Count; and shall possess a State cll,Chamberys unless otF;e contractors License- Tapp wlst9'poste`d,t f e _; I at the time of the bid open- Co'ptes of� ,the Plana Ing. The "successful Cori - tractor and his subcontrac- tract^`documerils Sre BvaIF' tors -will be required to pos-1 November 12, 1998 seas- licenses from the. able from the Office" of the AGENCY. November 19, 1998 Director of Public'- Works, The AGENCY reserves the! 2000 Main. Street, Huntlrig-; d9hf to' reject.. any or- all; November 26, 1998 9 9 8 ton Beach; CA 928-upon bids, to waive any Irregular - 4&PPayntent, of-a45:00• nonre- Tundabte fee If picked u fiYr and to, take all bids P P� for a under advisement or payment of a . $15.00 maximum period of 60I _ nonrefundable fee Ifdayys. mailed. BY ORDER of the CITYI I declare, under penalty of perjurythat / Any contract entered Into ':COUNCIL of the CITY OF Pursuant to this notice will iHUNTINGTON BEACH, ncorporete the provisions. CALIFORNIA, the 18th• day the foregoing is true and correct. of the State Labor Code. of November, 1998. Pursuant to -the provision Avesta Connie Break - of the Labor Code of the � � CITY CLERK OF State of California, the mirn, Imum prevailing rate of per THE CITY ;OE: HUH - diem wages for each craft aTINaTON BEACH Executed on November 26 1998 classification or type of Published Huntington / at Costa Mesa, California. workman needed to ex Beach-Fountaln. Valley In ecute the"contract shall be dependent November 19, " those determined byytfie 26, 1998 Director of Indus�tri�al 'Role• 113.253 tions of the St�te�of Califor- via,"whit 'are on file at the Office --of' the Diregtor of Public Works, 2000 Main Street, Huntington Beach, CA_92648. The AGENCY will deduct at 10%- retention from "Nall % progress payments. The Contractor. may substitute an. escrow holder surety. of equal value.to the. retention Signature In accordance with the prow' visions of the California Government Code„ Section 4590. The Contractor shall be beneficial owner of the Sur and, shall .receive V interest and, an. 3l9 TION!4TT , 7 NOTICE`INVITINO Director. of'.Public __Works, r SEALEDBID�S; :,r 2CWMain..Street,jHUftting- ton Beach; -GA 92646 upon motortH : payment,of'a O-.JW-n"onre- j. Manna Illghrt, ffuundableifee U.-Picked up, S6hool'Sid9"Ik ; cr-,,payment of �al-$15.00 <-pro�ectt a, nonrefundable -fee If CASN'CONTRACT N0� 1.0941n`th6 mailed ; l ; Any Contract entered Into' ppursuant to this=nofico mill lnrnrnnrafn-=thu :tnmvlQln c of •the Iabor- Code of . the State :of "California, the`min= imum-prevailing.rate of'per diem wages for each craft, classification -or type • of workman needed to ex- ecute -the contract shall be those determined. by-1the Director of Industrial Rela- tions of the State`of Califor- nia; whic ere on file at the Olft of : the}.Dlrector .of Public - Works :2600' Main Street;. Huntington. -.Beach, The Contractor -shall I deticial owner of -the; ;and -shall. receive � torest thereon. AGENCY hereby of-� vely ensures that ml- a: "bidder" shall be In - accordance Mons of the Bust - 'AGENCY V.a" "Thts?ACiENGY'reserves the �rtggh Ifto:reject . anyfor. ail `bfd`s'to waive any Irregular• ar. &'to='tako" ell. 61de under-;;4d4lsement,Af6r a maximum, per(od' of •` 60 dayYss I - f , 81 ` ORDER of.` fhd-city (COUNCIL': oftheTCITY'OF IHUNTINGTON BEACH CAU 'ORNLk .the-16th =day of,November, 1998.: .. , '. Att0sle .Connie. Brook: Wav, CITY.. CLERK =0F ;CITY•: OV HUN- T_ INOTOWe CH. Published; -Huntington Beach-Eountaln:;Valley in- dependent —November 19, 26.199A t_ HUNTINGTON BEACH • FOUNTAIN VALLEY Independent THE NEWPORT BEACH • COSTA MESA PILOT Client Reference # Independent Reference # /�3- �✓� Dear Advertiser: Enclosed please find clipping of your ad from the first publication, beginning /` /�-A 'If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, �4dy 0 tting Manager Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX �ub�iS►� ll'/g a- t�h-� SECTION A NOTICE INVITING. SEALED BIDS for the Marina High School Sidwalk Project CASH CONTRACT No. 1094 in the CITY OF-HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids. for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on December 1, 1998. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648., upon payment of a $5.00 nonrefundable fee.if picked up, or payment of a $15.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the .Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY Hereby affirmatively ensures that minority business enterprises will be.afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions.of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all . bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH; CALIFORNIA, .the l 6th day of November 1999. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 CITY OF HUNTINGTON BEACH MEETING DATE: November 16, 1998 DEPARTMENT ID NUMBER: 98-089 Council/Agency Meeting Held: Deferred/Continued to: &(pproved 1 g Conditionally Approved ❑ Denied IbAlowy Clerk's Signature Council Meeting Date: November 16, 1998 I Department ID Number: 98-089 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL_ SUBMITTED BY: RAY SILVER, City Administrator —ow — PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works / SUBJECT: Approve Plans and Specifications for the Marina High School Sidewalk Project; CC 1094/ Authorization to Advertise Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The plans and specifications for the_ construction of the Marina High School Sidewalk Project are completed and ready for approval and project bidding. Funding Source: Huntington Beach Union High School District Funds, County of Orange Funds and Gas tax Funds. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to solicit bids for the construction of the Marina High School Sidewalk Project 2. Approve the attached sample contract, subject to award of the contract to the lowest responsive/responsible bidder. Alternative Action(s): Cancel the construction. Analysis: This project is a cooperative effort between the Huntington Beach Union High School District, the County of Orange and the City to provide sidewalk improvements along Springdale Street from McFadden Avenue to Edinger Avenue, adjacent to Marina High School. These improvements will help provide safe passage for school children along Springdale Street. Currently there is no sidewalk serving the High School on the West side of Springdale. 1094/approve PS&E/rca -3- E- 2- 11/04/98 2:20 PM REQUEST FOR COUNCIL ACTION MEETING DATE: November 16, 1998 DEPARTMENT ID NUMBER: 98-089 The County of Orange will pay for the removal of the existing chain link fence and installation of a new chain link fence along the project's perimeter. The City and the Huntington Beach Union High School District will equally share in the cost of the construction of the new sidewalk and driveway. The engineers estimate for this project is $85,000. Environmental Status: This project is categorically exempt pursuant to Section 15301. Attachment(s): RCA Author: Charlonne 1094/approve PS&E/rca -4- 11/04/98 2:40 PM PROJECT: DADA oi9mTrQAAoc? MO. D0mz ,M Y > CITY OF EE4- GTON BEACH VICINITY MAP DPA2TMNT Or- OF PUBLIC W02K5 FILE: G:\ACAD\TAITE\MASTER\PRJCT-MP a Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT, made and entered into this day of 199_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 1 SAMPLE J Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE MARINA HIGH SCHOOL .SIDEWALK PROJECT (CC 1094) THIS AGREEMENT, made and entered into this day of 199_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Marina High School Sidewalk project in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 1 SAMPLE shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance -with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California 2 SAMPLE chapter of the American Public Works-Associatiori and the`Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. . Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 SAMPLE 5. TIME OF THE ESSENCE - - The parties hereto recognize and agree that time is of the essence in the . performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW; -and 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 shall3ubmit 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 4 SAMPLE a 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 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 of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 5 SAMPLE :4 10. 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 and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will 6e sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain ..in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in. excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto -to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. 6 SAMPLE CONTRACTOR shall, within-fifteen`(15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to 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 sole remedy of CONTRACTOR. 12. 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 7 SAMPLE investigate the conditions and if it finds that -such-conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of 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. 13. 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 facts 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 and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 8 SAMPLE When CONTRACTOR has, in the -judgmental the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with 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. 9 SAMPLE _ 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, . costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 10 SAMPLE :t 20. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITYJts officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be. applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish tcs CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 11 SAMPLE { 4. shall state as follows: ' The_above-detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. . The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. { A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 12 SAMPLE 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications,. drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. .. CITY EMPLOYEES AND OFFICIALS L CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement.. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to 13 SAMPLE be made, at the place of business of such party, -or to -any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 14 SAMPLE 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one) Chairman/President/Vice President L AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator Mayor ATTEST: City Clerk .APPROVED AS TO FORM: Ci Attorney 15 lei INITIATED AND APPROVED: Director of Public Works 15 SAMPLE RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Plans and Specifications for the Marina High School Sidewalk Project; CC 1094/Authorization to Advertise COUNCIL MEETING DATE: November 16, 1998 RCA ATTACHMENT. STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial I Not Applicable .... .... EXPLANATION FOR MISSING ATTACHMENTS EXPLANATION FOR RETURN OF ;ITEM. SECTION A NOTICE INVITING SEALED BIDS for the Marina High School Sidwalk Project CASH CONTRACT No. 1094 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH. as AGENCY, invites sealed bids for the above stated projects and will receive such bids ii1 the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, Lip to the hour of 2:00 PM on December 1. 1998. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street. Huntington Beach, CA 92648, upon payment of a S5.00 nonrefundable fee if picked up, or payment of a $I 5.00 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. tile. 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. Tile 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 leadincy 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 -J ' The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the .AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COliNCIL of the CITY OF HUNTINGTON' BEACH, CALIFORNIA, the 1 Lth day of November 1998. Wh Attest: Connie Brockway CITY CLERK OF THE CITY OF IIUNTINGTON BEACH A-2 PUal NOTICE { SECTION A { NOjiCE INVITING i SEALED BIDS for the Marina High School Sidevralk Project CASH CONTRACT NO., 1094 In the CiTY OF H UNUTBINCOTNNO BEACH HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, In- Ivttes sealed bids for the above stated projects and. will receive such bids In the office of the City Clerk,. Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on Decem- bee -1, .1990. Bids will, be. publicly. open in the Ccun• CII-Chambers unless other- wise posted. Copies of the : Plans, Sped ications, : and car} trait documents are. avail - Dear firs ple PUELUC u11NES able from the Office of the (Director of Public Works, 2000 Main Street, Hunting- ton Beach, CA 92648, upon payment of a $5.00 nonre- fundable fee If picked up, or payment of a •$Is.00 nonrefundable tee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the min- imum prevailing rate of per diem wages for each craft, iclassification or type of :workman needed to ex- ecute the contract shall be :those determined by -the Director of Industrial Rela- tions of the State of Califor- nia, which -are on file at the Office `of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct at 10% retention .from all progress payments. The Contractor may substitute an escrow holder surety of equal. value to the retention in accordance with the pro- visions of the California; Government Code, Section' 4590. The Contractor shall be beneficial owner of the surety and -shall receive any Interest thereon. The AGENCY hereby at i firmatively ensures that mi- nority business enterprises will be afforded full op- portunity to submit bids In response to this notice and will not be discriminated against on the . basis, of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be consld- erec! unless 11 Is prepared or: the approved Proposal forms in conformance with the Instructions to Bidders. Tho bld _ must be ac- icompanteci by, a certified check, cashier's check, or :bidder's. bond made pay- able to the AGENCY for an - amoum no less than 10% of the amount bid. The successful bidder shall ' be licensed in accordance with provisions of the Busl- nes:: and Professions Code and shall possess a State Contractor's License Class at the time of the bid open- ing. The successful Con- tractor and his subcontrac- tors will be required to pos- sess licenses, from . the AGENCY. The AGENCY reserves the rfgh` to rejec- .any or all bids, to waive any Irregular- tty and to take all bids under advisement. for a maximum period of 60 days. B: ORDEP of the CiTY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 16th day of November,1998. Attest, Connie Brock- way, CITY . CLERK OF THE CITY OF HUN- TiNOTON BEACH Published Huntington Beach -Fountain Valley In- dependent November 19, 26, 1998 113.253 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX Client Reference # Independent Reference # //3 - a��'. se find clipping of your ad from the beginning—Tj o make any changes or corrections, your earliest convenience. q� his publication will be $ cooperation and patronage. Sincerely, j dy 016tting Manager Legal Advertising Department I have received Bid Bonds No. 7279405 Great American Insurance Company — Peter C. David Co., Inc.; Bid Bond No. CB25905 National American Insurance Company — KAS Equipment & Rental Inc.,; Bid Bond for Civil Works Corporation First National Surety; Bid Bond No. SD00011910-81 Frontier Pacific; S. Parker Engineering, Inc.,; Bid Bond No. 3SM77425400 American Motorists Insurance Company, Ranco Corporation,; Bid Bond Insurance Company of the West for Kovac, Inc., Bid Bond No. 504087592 Developers Insurance Company — J.D.C. Inc.; Bid Bond Contractors Bonding and Insurance Company for Nobest Incorporated. Re: CC-1094 — Marina High School Sidewalk Project Dated: By:, , SECTION C PROP-OSAL —_ for the Marina High School Sidwalk Project from Springdale Street McFadden Avenue to Edinger Avenue CASH CONTRACT No. 1094 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the NoticeInviting 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 10 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE 1 1 lump sum Mobilization - = - -. - --- -� -- e` . � �_�, Dollars $ IWO $ Cents Per lump sum 2 1 Clearing & Grubbbiin"g��" lump sum if� �vw�,l�Cl -�� Dollars $( $ 3 Cents Per lump sum - 3 12600 S.F. Construct Sidewalk per OCFCD Std. 1205 C Wo Dollars ++'�� $ C7 5� $ 3a �� rC Cents Per S.F. 4 1720 L.F. Remove and Salvage Existing Chain Link Fence a �`^�y Dollars $ OL $ 3� — Cents Per L.F. 5 1720 Construct 6' C. L. Fence per OCFCD Std. 600-0-OC L.F. @ 1 [ (4 Dollars $ $15� O Cents Per L.F. 6 2 Each Construct C.L. Gate per OCFCD Std. 600-0``-OC C . tr"4� C �AC CI Dollars $ 3 Cock $ Cents Per Each 7 1 Construct Driveway per HB Std. 211 Each C `y�A�Q��fP� Dollars $ Ia00 $ Cents Per Each 8 a Dollars $ $ Cents Per 9 u) Dollars $ $ Cents Per C-ls 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\ in the amount of $ LO* l� which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). - Bidder shall signify receipt of all Addenda here, if any: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section_4_104, the__IWder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion . Name and Address of Subcontractor State License Class Of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange t� �c1�,.►� \ , being fi st dulY sworn, de od s that he or she is ses ansays �c of �P S� c=-Nc— 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. T�T.�mn of Rirlrlar -07) Q,,-(4 Address of Bidder S� Subscribed and sworn to before me this day of , 199 8 NOTARY PUBLIC w (,,W,+,;,Uftv1U t. POOLE 1 Commision#1142095 r- WNotary Public - Calitorrna M ORANGE Couniy N C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Marina High School Sidwalk Project, (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: _j,-J. \ ` olb - Contractor C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 10 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor. ,Code, each _contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such . provisions before commencing the performance of the work of this contract. Date: 0- - \ - °k b Contractor C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 5y73�M i7� Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address C City, Telephone Number State Contractor's License No. and Class `t - 1Ctf1,C� Original Date Issued Expiration Date State Zip The work site was inspected by J o o of our office on 11- a 3 , 199 g The following are persons, firms, and corporations having a principal interest in this proposal: r,3 C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Subscribed and sworn to before me this � "Tday of , 1996. Commision # 1142095 r isMyComm Notary Public - CaliforniaM ORANGE CountyNOTARYPUBLICExrnresJun 14 zoot 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: Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 NOBEST INCORPORATED Reference List 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen (714) 765-6860 2. CITY OF HUNTINGTON BEACH Project: Trident Lane Improvements Contact: Chris Gray (714) 375-5042 3. CITY OF SANTA ANA Project: Omnibus Concrete Repair Contact: Quinn Moore (714)565-4046 4. CITY OF CULVER CITY Project: Cattaraugus Reconstruction Contact: Vernon Nickerson (310) 202-5791 5. CITY OF HUNTINGTON PARK Project: Ford Lane Improvements Contact: Pat Fu (213) 582-6161 6. CITY OF WALNUT Project: Camino De Teodoro Contact: Bob Morgenstern (909)594-9702 k $ 650,000.00 $ 400,000.00 $ 269,000.00 $ 221,000.00 $ 76,000.00 $ 72,000.00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 59U 7 State of ra, ; f Zr_P}a County of Orange On 1a - \ - `tb before me, David E. Poole . Notary Public , DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - personally appeared Larry Nodland NAME(S1 OF SIGNER(S) 0 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their C-.....Y DAVID E. POOL -El signature(s) on the instrument the person(s), a�„ ' Commision # 1142095 r— �"�:,,. Notary,Public-CaliformaX or the entity upon behalf of which the _j ORANGE Count N •�': My Corn- Expires Jun 14 2001 person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL Fil CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave., P.O. Box 7184 - Canoga Park. CA 91309.7184 CBIC CONTRACTORS BONDING AND INSURANCE COMPANY KNOW ALI, MIEN BY'I'IIESE I'RISIEN'I'S: I'llat we, NOBEST INCORPORATED BID BOND California: 23172 Plaza Pointe Drive Suite 185 laguna Ilills, CA 92653 (714) 770-9733 (800) 274-011C National (714) 770-9805 FAX Bond No. -------------- -- Premitnu included in Bid Bond Service Undertaking as Principal, (hereinafter called the "Principal"), and Coll traclors Bonding and Insurance Company of Seattle, Wasltinglon, a corporation duly organized wider the laws ()['the State of Washinglon, as Surety, (hereinafter called the "Surety"), are held firmly hound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called (he "Obligee"), in the slum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID not to exceed TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars 109 ), for the payment of which suns well and truly to he made, the said Principal and the said Surety, hind oul:selves, our heirs, executors, administrators, successors and assigns,.jointly and severally, firmly by these presents. W I I ER [EAS, the Principal has subiiiii(ed a hid for MARINA HIGH SCHOOL SIDEWALK PROJECT CC NO. 1094 NOW, 'l-1IFRE ORE, if (Ire Obligee shall uccepl the hid of the Principal and the Principal shall enter inlo a conu•act will► the Obligee in accordance with the terms of such bid and give such bond or bonds as may he 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 in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the work covered by said hid, Ihen this obligation shall he null and void, otherwise to remain in full force and effect. Signed :wd sealed this 23RD day of NOVEMBER A.D. 1998 NOBEST INCORPORATED al) I'rincipa Winless x_ Surely: Cyrtif1 clors Bondi n r and Insurance Company la y Witness LINDA D . COATS Attorney -in -Fact t'.125d 100M, 11.75 199717 Primed in cooperation with the American Institute of Architecu (AIA) by Contracnrcs Bonding mill Insutunce Company.'Ille language in tills ducument coulianls exactly w [lie laugumgo used ill AIA Ihn:uutcut A --lilt, Febnutry 1970 Edition u9 , 11411 ndl.ulnt.u_t nuutrt ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On NOV 2 3 1998 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC Date Name, Title oroMcer - e.g. "Jane Doe, Notary Public" personally appeared LINDA D. COATS Names(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed -to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, �l S1 r a Ali E .JiY a.. x ! 103462 > I NOTARY PUBLIC CALIFORNIA U) ORANGE COUNTY aN Comm. Fires sty 15, 2000 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) _Corporate Officer(s) Title(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) —Partner(s) —Attorney-in-Fact _Other . a kLIMITED POWER OF ATTORNEY Irisurt.arvice Not Valid for Bonds Power of Attorney Executed On or After: APRIL 30TH, 2000 Number: -962071 A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the raised seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. KNOW ALL MEN BYTHESE PRESENTS, that theme Company does hperebymake," oitu 4 t ,k{f.S 'k- Y tea_ andhappoint the following isDOUGLAS-4A �RAPP and LINDA D COATS its true and lawful Attorney(s)4 in `Fact, with fullapower ,rand authoritywhere3Sy conferred in ._ its name, place and stead,toecnte,cknowledge9anddelivei _(1) SBAa guaranteed performance $1,250,bon"adas dfob-_johs,£wliere, ese contrpeena,.s.um ,o etis awardedf .SBAifth000(2) bt men}n(d 1250(3)guaranteed,peroance gliadr-payo tall other bonds coded ,or chasifrdbyheSretyAsoationof America Manual x of Rules, a Procedures nd Clasgifitiq Fideli ty- Forgery arnd Surety, Bonds ? (including future amendments thereto)as Judicial, Contract (excluding�bi.d bonds),;`Miscellaneous, License andPermit, and Federalnot�fexceedingg�the penal sum of,; $6, 000, 000,�(4) bidbonds for ijobs written pursuant to the `authority in clause;.(3) above where; if tls�contxact:is�awarded; the„ performnce and -6r payment bonds) will not -exceed !6000;000, (_5) a1=mother bonds not exceeding the penal sum of $500,-000, ad(Scon nt- reyg- Yeasesand otler"similar documents required by an oblgeender a conracbbondedby-the Company. .;Thistl appointment is� mide`kunder the�autb6t1ty ofRti e�Board of Directors ,of the Company. - _ _ ----- -. _. —� -- ---- -- �-:---------- ------ h-- — -- —R � q af,— - -- -_ -__ �.� -� � -_ (,.�'aE _ _�-•_ t Kevin L. Lybeck, Secretary CBIC • 1213 Valley Street • P. ox 9271 • Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (National) • (206) 382-9623 FAX nnmrr�mn,�,lmrrnrr,°�rrrrrrrn er�rrntTrrr p�errrljtrrrrp�enrt7Trnr�T>r►1Tn�Trr►7irrn�rTriTTTlrr,"����) ?°�°owe>4°v904 o<°o e°e°o°�0^ o� a eoeeeoo°e°o°� o$ eeo eeo° o� o$° o osoeooe o �e u ae ee°e eoe°e°wee eeoo 00000°o � 0000 oe a oe oo �°ao ao ese o °o°o � e$ oeo° e e °ou°�° e° ° °e°e°eo^o'�o vo°o a°ooeo°o.: o eoed °0°0°0 ve ooe ��ee°o 0 000 �� o 000ee °�� 000 000 °r eoo eo°o o �� voe o°oe°�� eee ve°eo �► e° a e° ° r° a o° �►° ue owe __ �e�o <° �► v v �� a �� v oe°o v ee°o°o v oo veoo �► e _ � _ - . - _ . _ _ s. SECTION C P R-O P-O S AA for the Marina High School Sidwalk Project ' from Springdale Street McFadden Avenue to Edinger Avenue CASH CONTRACT No.1094 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 10 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Item Jr hmated :. Item: with ;unit price Extended No Quantity written in words Unit Price Amount 1 1 Mobilization lump sum p a (i'� Dollars @ �I �^ o $ C?c $ 'CJ Cents Per lump sum 2 1. lump sum Clearing & Grubbing C 1L) (Yye, G( V1 A Dollars $� $ Cents Per lump sum - 3 12600 • S.F. Construct Sidewalk per OCFCD Std. 1205 �. « I Uu C) Dollars $ 4Q, $ c9 { % Cents Per S.F. 4 1720 L.F. Remove and Salvage Existing Chain Link Fence 1 n W C� Dollars $. 0 Cents Per L.F. 5 1720 Construct 6' C. L. Fence per OCFCD Std. 600-0-OC L.F. a G. Dollars i $ L)o $ 'II-- Cents Per L.F. 6 2 Each Construct C.L. Gate per OCFCD Std. 600-0.-OC C . rn o (' kohdrend Dollars $ $ Cents Per Each 7 1 Construct Driveway per 1-113 Std. 211 Each r a I w D SGt f —1 YIQ Q18 —YV13 Y, rs $ $ Cents Per Each 8 X$ a Dollars $ Cents Per 9 N$ Dollars $ Cents Per C-1s L 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, findin the amount of $ OYo which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's..Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section, 4104, . the_Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor :=:: - State License . Class of Work Number CM IV, By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California . ss. County of Orange % I P,-kn oti n , being first duly sworn, deposes and says that he or she is of j D-C. ; "" '- the party making the fore oing 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. Jo.c. Name of Bidder <—ignature of Bidder Address of Bidder Subscribed and sworn to before me this day of , 199 _ NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Marina High School Sidwalk Project, (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: I _Z_ 1 Contractor By es1rv--,- Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 1.4310.5,the-BBidder 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 ;tPNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor, -Code, _each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: c J-0 1 ry C Contractor �J w% 1164mo,-to By f Aes Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: \N3 Bidder Name Business Address Telephone Number State Contractor's License No. and Class / r(ft? Original Date Issued 51 ion'Date The work site was inspected byJ'111: of our office on / / 3e3 1999. , The following are persons, firms, and corporations having a principal interest in this proposal: apzol C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. J®� �N L Company Name Signatur6 of Bidder n 444-1 Printed or Typed Signature Subscribed and sworn to before me this _ day of r99� NOTARY PUBLIC NOTARY SEAL Listed below: are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. (?' V-'— or I C � 21& C6 Name and Address of Public Name and Telephone No. of Project Manager: 6 1 // �Q 24— o�?67000 Contract Amount cS— -1C61c,,aa; Name Md Address of Public Agency Type of Work Date Completed 0 Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Cc 7� Or 0612&tO Name a d Address of Public Agency Name and Telephone No. of Project Manager: d6k'&01& /'geae Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT "� ^w 5907 Slate of CAI1rvMA County of SAN GEF;NARB!N0 On Nov., be . i V before me, '%sza% I-. (tic. N,e.tG( OwrE wu.E- MLE OF OFFICER . E.G. -w.E 00E_ war oveuc personally appeared w+.Ern of 9cr.ERcsi n pefseR a+, Lnn+.••+ - ^ R_ vL proved to me on the basis of satisfactory evidence to be the personal whose name�s)(5Yar-e subscribed to the within instrument and ac- JOS PH L. MC NEZ I knowledged to me that(fWs�teA�tey executed COMM. #1127637 NOTARY PUBLIC - CALIFORNIA U F the same in (0/hefAfteir authorized mSAN BERNARDINO COUNTY m capacity(ies), and that by �Ix5t� T-eir 10,yComm. Expires May, 27, 2001 signatureW on the instrument the person(,, or the entity upon behalf of which the person(.d) acted, executed the instrument. i I i WI i NESS my hand and official seal. I =4ATURE of NQi:.RY OP i IONA I BID BOND BOND NO. 50408-592 KNOW ALL MEN BY THESE PRESENTS, That we, J . D . C . , Inc. as Principal, and Developers Insurance Co=my a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of 10% (ten percent) amount of the bid, not to exceed $20,000- Dollars, ($ 107, Bid Amount ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Marina High School Sidewalk #1094 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 30th. day of November 19 98 Indemnity Co=gny of California Surety Cam! De Armond, Secrebty By. Principal Wald J. H efer Attorney -in -Fact ID 114 (Bid Bond) POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY P.O. BOX 19725, IRVINE, CA 92623 • (949) 263-3300 No- 1 12 2 4 1 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***RONALD J. HOEFER, LAURIE SYLVESTER, JOINTLY AND SEVERALLY*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars ($3,500,000) in any single undertaking; giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s)-In-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporations be. and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February, 1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By V Dan •F. Vincenti, Jr. Dante 'incenti, Jr. President M?ANYo,� P sident 5\pkSUR4,1, o�ORgr v 4`coPPOR,�ct, i CCT. S a ATTEST 2 MAR 27 s y 1967 a 1979 v (IcOPNy0 4 /FQ \ By * By Alltu Walter Crowell Walter Crowe Secretary Secretary STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) On February 3, 1997, before me, Sherie L. Bell, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _ SHERIE L• BELL WMM, 91119419 Signature NOTARY MCAM �IA ORANUMy Comm. E* DM 12, 2= CERTIFICATE 1846164816*41*4606040-0— -1 The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this _30— day of D�Wg2Mber 199 8 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY ON,PANYOF (� �\ti5UR4N �40 ?Oggr 9 4�6�PV ORq�O Ci r By z OCT.S c T By MAR. 27 0 0 William T. Sherer M 1967 i William T. Sharer 1979 v Vice President �y� L/FQ(ir1�p. �� Vice President yo a[rFOt+�P � * * ID-313 REV. (2/98) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. State of County of 00 . l ! ' On (7l cqh before me, GATE NAM TITI_ CF OF= CER • E.G.. 'ENE XF- NOTARY ;PU9L:C- personally appeared �-� �ILLF� NAME(SI CF SIGNEAM. ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)oare subscribed to the within instrument and ac- knowledged to m ` a he! he/they executed the same in hi her their uthorized capacity(ies), and that by hisrher/their signatures) on the instrument the person(s), or the entity upon behalf of which the r AVONE_LE KONE person(s) acted, executed the instrument. V , Comm. #1070896 NOTARY PUBLIC - CALIFORNIA n _ 6 - ORANGE COUNTY C� a:oa` • Comm. Exp. Sept. 13.1999 WITNESS my hand and official seal. SIGNA7URE CF ,.NCTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the docutment and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER E� INOIVIOUAL ❑ CORPORATE OFFICER TmScst ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: KAmE qA aa_q=w.- e%q eN11ryuu1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMEEq OF PAGES 11-30--q ?) DATE OF DOCUMENT 1 � 1,��� SIGNER(S) OTHHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O.8are M4 - Canoga Parts. CA 91309-7 -CA 15- JDC P.O. BOX 3448 RANCHO CUCAMONGA, CA 91729-3448 TOCf-77�1 0� C�-- Fbz- -a� 01)121y4 o, 6 c� cn�_; rz�� G7 T3 v c-� S LO � SECTION C P R-0 P-0 S A for the Marina High School Sidwalk Project ' from Springdale Street McFadden Avenue to Edinger Avenue CASH CONTRACT No. 1094 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 10 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under.the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE 1 1 Mobilization - _=- -- lump sum C 7 —W19 T/51&e., 'Pil'!(J; Dollars Cents Per lump sum 2 1 . Clearing & Grubbing lump sum ci _ ,PrQt41P27WAA w Dollars Cents Per lump sum 3 12600 Construct Sidewalk per OCFCD Std. 1205 S.F. @ / � (ntid * Dollars $ _ 2 0. m� Cents Per S.F. 4 1720 Remove and Salvage Existing Chain Link Fence L.F. a 'Q1'2� �� A&P Dollars $ ,/ S' D $ A ` 7 �"' C Cents Per L.F. 5 1720 Construct 6' C. L. Fence per OCFCD Std. 600-0-OC L.F. @ Qi Dollars Cents Per L.F. 6 2 Construct C.L. Gate per OCFCD Std. 600-0-OC Each @ _449ftielO�P of Dollars $ 7 _ n $ / e- o nz'» 6- Cents Per Each 7 1 Construct Driveway per HB Std. 211 Each C Dollars $.00o. -V $ Old Cents Per Each 8 n Dollars $ $ Cents Per 9 u) Dollars $ $ Cents Per Total Amount Bid in Figures: $ Total Amount Bid in Words: S 7 C-Is 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 I\7 &VJ\_-�Iin the amount of $ which said amount ig not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash"; - "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder.'s.Sikhature 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 of Work Name and Address of Subcontractor State License. Number Class 4 �'rt4LvAl FEodeF S 4��o er-r�x� �►ve By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange being first duly sworn, deposes and says that he or she is f�C-7S�SC of kr,3c-- 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. �-- Name of Bidder aco__� Signature of Bidder 92?-2_ C-C-OurcOtoNJ'e-� '�fL - Address of Bidder 11 Subscribed and sworn to before me this ! 5r day of - , 1999,/ Zenka Schuldt ry� a+�... CC-M.M. %:3S££32 �. . V NOTARY?UCLI„ CALIFORNIA�1 o < Zenka SChL ORANGE COUNTY \i �n Comm. �:1 IFOA ` Comm Exp. March 9. 2000 v ~ NOTARY t`UCLIC CAL' _ ORANGE COt;NL OR Comm NOTARY PUBLIC - - NOTARY SEAL C-a UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Marina High School Sidwalk Project, (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: ) 1 - ✓0 - i V - KoVA,_ Contractor By Title C-s ,,_ DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5,the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes )Iko 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 186.1 of the State Labor. -Code, =each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such . provisions before commencing the performance of the work of this contract. Date: 1(-30-9� Contractor By (2 zx-A� gArs-( Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Ko►� /P?j c' Contractor By Title Date: 1 /— 30 — &'51WL-rr 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: Bidder Name Business Address City, State Zip Telephone Number G92-9-sue — P-\- State Contractor's License No. and Class ,7- 26 . 94-- Original Date Issued Expiration Date The work site was inspected by 3, of our office on / (r 30 , 1999.b The following are persons, firms, and corporations having a princi pal interest in this proposal: na r IL i�p ✓Ar-- t DQr Est P =c��z S(t:F-Z<7- yW C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name j Signature of Bidder RD4ZVM Printed or Typed Signature Subscribed and sworn to before me this/-yI'day of 91999. Zenka SChUldt Q Comm. *1088832 /� L! i /l. - NOTARY PUBLIC CALIFORNIA' c ORANGE COUNTY n NOTARY PUBLIC ; v,e�;m Exp. March 9.2000 ; 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. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 INSURANCE 'COMPANY WEST - P.O. Box 85563, San Diego, CA 92186-5563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: Thatwe, KOVAC, INC. (hereinafter called the Principal), anc INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State o California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required o; authorized by the laws of the State of California as Surety, are held and firmly bound unit CITY OF HUNTINGTON BEACH Public Works (hereinafter called the obligee) in the just and full sum o Ten Percent of Total Amount Bid Dollars ($_ 1" ) lawful moneN of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors administrators, suocessors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBUGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in anc submit to the obligee a bid or proposal dated December 1, 1998 to MARINA HIGH SCHOOL SIDEWALK PROJECT (1094) in accordance with the plans ,and specifications filed in the office of the obligee and under the notice inviting proposals therelor. h� ;W,,THEREFORE, If the bid or proposal of said principal shall -be accepted, and the contract for such work be awarded to the principa thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required b law, then this obligation to be null and void, otherwise to be and remain in full force and effect. 1N WITNESS WHEREOF, said principal and said Surety have.caused these presents to be duly signed and sealed this 3 0 t h day of November 10 98 KOVAC, INC. 1-22 9272 Cloud Haven Drive Huntington Beach, CA 92646 Al (714) 964-4856 . / By B. Kovac, Presiaent 0 :. •� Zenka Schuldt Comm.1;;088832 /� NOTARY rU^LIC C'.LI?ORNIA0 CHANCE COUNTY n roams' Comm Exp. rt:irch 9. 2000 INSURANCE COP PANY ')F THE WEST Y _ C. Michael Henley rney-in•Fac Insurance Company of the West HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: C. MICHAEL HENLEY its true and lawful Attomey(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 23rd day of February, 1998, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 30th day of July 1998 . STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO `Epp1APANY0F r ry `�ppRPCRA)FC s_ 'MARCH 1, 1911 C41PpRMO INSURANCE COMPANY OF THE WEST IN WITNESS WHEREOF, the undersigned certify that they are adults, and have witnessed the signing of this instrument by the principal or have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to California Probate Code §4121 and 4122. CERTIFICATE: I, John H. Craig, Assistant Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify th the on in OW OF TTORNEY, of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be igned 11 mi under th a ority of the abov quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Assistant Secreta�,onjth',sb day of 19 `p;JAPARPG F � mac" ,*CORPORA MARCH 1, j9X1 ICW 37 It CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of LOS ANGELES On before me, CAROLANN WRIGHT, Notary Public , DATE NAME, TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' personally appeared C. MICHAEL HENLEY NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their £QNt,,,: j signature(s) on the instrument the person(s), or the entity upon behalf of which the tag qyt :. Y P person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: . NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE m1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 KOVAC, INC. 9272 CLOUDHAVEN DR. HUNTINGTON BEACH, CA 92646,4734 C 2-0co �kA A\�� sue. 1 r)C -ram NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of Orange U Je 001e.Q4 , being first duly sworn, depo es and says that he or she is P-a2z; o!.yr� f of �ainco- C�po� ?an 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. Name of Bidder ature of Bidder Address of Bidder Subscribed and sworn to before me this 3 0 1A day of 0orYAnA199 B SUSAN E. MORALES ' COMM. # 1166606 3 NOTARY PUBLIC . CALIFORNIA o ORANGE COUNTY n� J My Comm. Exp. Dec. 25, 2001 ;r NOTARY PUBLIC aen , /1' .moo NOTARY SEAL C-4 SECTION C PROPOSAL"" for the Marina High School Sidwalk Project from Springdale Street McFadden Avenue to Edinger Avenue . CASH CONTRACT No. 1094 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 10 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Ltem :Estimated Item with ;unit price " Extended.; No Quantity written in words Unit Prue Amount 1 1 Mobilization lump sum �---1-----�-�-olla-rs $ ZJ�. $ Cents Per lump sum 2 1 Clearing & Grubbing lump sum C �LJ %/ 1'i�Y— ilN �--�7Dollars c $ Jv $ 1�' b Cents Per lump sum - 3 12600 Construct Sidewalk per OCFCD Std. 1205 S.F. C � Dollars $� // JJ p $ 7D/ I6o !.Jr�Ty Fl F, Cents Per S.F. 4 1720 Remove and Salvage Existing Chain Link Fence L.F. a Dollars $ �• �O $ /3, 76,Cl /`-'``o Cents Per L.F. 5 1720 Construct 6' C. L. Fence per OCFCD Std. 600-0-OC L.F. @ �. (fof� T Dollars $ �. 22 $ /�'' (D Cents Per L.F. 6 2 Construct C.L. Gate per OCFCD Std. 600-0-OC Each Dollars $ ��� r $ L30o iJ d Cents Per Each 7 1 Construct Driveway per HB Std. 211 Each @GJD 1 ] Snci 1ci Dollars $ 2. Cents Per Each 8 a Dollars $ $ Cents Per 9 C Dollars $ $ Cents Per C-is If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable. to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: 11 Addenda No. I Date Received Bidder!s.Signature ;: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section-4_104,.the_Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License : Class of Work Number . By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Marina High School Sidwalk Project, (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: // =,.d 9 Contractor Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5,the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes )ANo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor _Code, .each _contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. . Date: // I 9 Contractor By Title A-rs,;.4F,J-r- C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. . Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor = y LO-Z Title Date: // --T'0' 9 r 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: /4 .4AJC4 CBAOOic,4770. / Bidder Name /x Odd Business Address /3n Cw 0,4 . City, State Zip ('7/¢) 90ti- 'uo Telephone Number State Contractor's License No. and Class ?// 4/4,V Original Date Issued Expiration Date The work site was inspected by 0 • ae-"�Lrk of our office on / / ' Yam" , 199 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. .4�Jft &A AMA T7oZ/ Company Name of Bidder '5F• � 'Jo,.J&-6' Printed or Typed Signature Subscribed and swornto before me this,3L!'tiay of 0MUMAnigg & IL '9���SUSAN E. MORALES . #1166606 NOTARY PUBLIC - CALIFORNIA o ORANGE COUNTY My Comm. Exp. Dec. 25, 2001, NOTARY PUBLIC a4waon 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. or' 4/1 nab-7a.,-J i Name anAddress of Public Agency Name and Telephone No. of Project Manager: 49FX16-�+��o�/��= SD, oav Contract Amount &.5 ,OQ-�Ls 1.5'4A)4r� Type of Work Date Completed 2. egi ry pF Idyl E-A Name and Address of Public Agency Name and Telephone No. of Project Manager: a I�L/Z� ✓OSLic/icla� ����40 -77f� p J g HNNiI Arc, A114— Contract Amount Type of Work Date Completed I C i t� 0I" '!�-AN TQ A tv A - Name and Address of Public Agency Name and Telephone No. of Project Manager: M LiLi K.6 �iT '7,Q/SGPS _ �0 Contract Amount Type of Work Date Completed C-10 American Motorists Insurance Company ICemPeR. Bond: #3SM 774 254 00 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, Ranco Corporation, as Principal, and the AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of ILLINOIS, and authorized to do business in the State of California as Surety, are held and firmly bound unto City of Huntineton Beach as Obligee, in the sum of 10 % of the total amount bid not to exceed Eighteen Thousand & NO/100ths ($18,000.00) DOLLARS, lawful money of the United States of America, to the payment of which sum well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The condition of this obligation is such, that, if the Obligee shall make any award to the Principal for MARINA HIGH SCHOOL SIDEWALK PROJECT SPRINGDALE ST. McFADDEN AVE. TO EDINGER AVE. - CASH CONTRACT #1094 Bid Date : 12-1-98 According to the terms of the proposal or bid made by the Principal therefore and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the AMERICAN MOTORISTS INSURANCE COMPANY, as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED, DATED: November 30, 1998 Ranco Corporation (Principal) B American Motorists Insurance Company (Surety) By: /'�'I.�Glw � U/i Michael E. Cun'r' , Attorney In Fact ® DIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (213) 257-8291 • FAX (213) 256-7218 Bid Bond-10-16-97.dot CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On NOV 3 0 1998 before me, Susan E. Morales/1Votary Public NAME, TITLE OF OFFICER personally appeared Michael E. Cundiff NAME OF SIGNER ® Personally known to me - or - ❑ SUSAN E. MORALES 04 COMM. # 1166606 NOTARY PUBLIC -CALIFORNIA o 3 ORANGE COUNTY N My Comm. Exp. Dec. 25. 20011 Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _ !Aw Yn -R. %%n a,Z (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bond(s) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT American Motorists Insurance Company None SIGNER OTHER THAN NAMED ABOVE MempeR. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, (hereinafter called the "Company") a corporation organized and existing under the laws of the State of Ilinois, and having its principal office in Long Grove, Illinois, does hereby appoint Michael E. Cundiff of Orange, California"""'""""""" its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1,000,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this January 1, 1994. Attested and Certified: 'l''�'ws_ American Motorists Insurance Company Robert P. Hames, Secretary "itus R Cotrmnol by ,P L z -) e.� , —r.-r - J. S. Kemper, III, Exec.Vice President ll jrANcocoRpoirArIoN GENERAL ENGINEERING CONTRACTOR P.O. BOX 9007 0 BREA, CALIFORNIA 92622 1. L4 Z o o o M4z,#:J c4S:r/L(--se6i- 1/a,pr1�67ViJ fSVAe,-41 44- 9v-&ff / !Er /,,,Ir 0:0,0 �iA M'4'f4A'jo wlot�'4 RECEIVE -to CITY CLERK OF HUNTIfIGTCITYONSEACH, CA lqqa occ SECTION C PRDYOSAtL for the Marina High School Sidwalk Project ' _ . from -: Springdale Street McFadden Avenue to Edinger Avenue CASH CONTRACT No. 1094 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 10 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE 1 1 Mobilization - ---_ - - - lump sum C THREE THOUSAND FIVE HINDRED Dollars $ 3500.00 $ 3500.00 no Cents Per lump sum 2 1 . Clearing & Grubbing lump sum ui TEN THOUSAND Dollars $ 10000.00 $ 10000.00 no Cents Per lump sum 3 12600 S.F. Construct Sidewalk per OCFCD Std. 1205 T/f� C Dollars Cents Per S.F. 4 1720 L.F. Remove and Salvage Existing Chain Link Fence a Dollars -7 $ / / $ J��6 Cents l Per L.F. 5 1720 L.F. Construct 6 C. L. Fence per OCFCD Std. 600-0-OC C C Dollars Jr� Cents Per L.F. 6 2 Each Construct C.L. Gate per OCFC� t�0E70 OC/ U 7� C . 6 06"y Dollars �2 $ /S��o $ / '�/! Cents Per Each 7 1 Construct Driveway per HB Std. 211 Each C ONE THOUSAND EIGHT HUNDRED Dollars $ 1800.00 $ 1800.00 no Cents Per Each 8 a Dollars $ $ Cents Per 9 Dollars $ $ Cents Per Total Amount Bid in Figures: $ y`O Total Amount Bid in Words: - - -- -5'ea, &-,l- &-7 CxfT AcJ -0-7 0 &a z-1-7065WIII—YSi a LA'S /* C-1 s If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S_notice.of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $10X Bidder'. s ftA said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). - Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received -:. Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section,4104,.the._Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License . Class of Work Number 6,95;- &(04 has. )6016/•t/A 1A10_ . /j r fie/ I d to /1_*//W1;t 10174 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California . ss. County of Orange Steve T. Parker , being first duly sworn, deposes and says that he or she is President of S. Parker Engineering, Inc- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine. and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone. shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication,. or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Steve T. Parker Name of Bidder Signature of Bidder 10059 Whippoorwill Ave. Fountian Valley, CA.92708 Address of Bidder Subscribed and sworn to before me this 30 day of November , 199 8 MIC�HELLEMC NElll Co,154913 ,,nn N NOTARY PUBLIC • CALIFORNIA V! Orange County NOTARY PUBLIC My Comm, Expires Sept. 11, toot NOTARY SEAL C-4 State of California )cc County of Orange ) On 4V&n4r:9 .30 1 q9 before me, Michelle McNeill, personally appeared 41140 T. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary's Signature a k,,., , . �...... 01CH. ELLE MC NEILL �z Comm. a 1154973 'n NOTARY PUBLIC-CALIFORNIA Vl Orange County My -Ceram. Expires Sept.11, 2001 Seal '' UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Marina High School Sidwalk Project, (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: 11-30-98 S. Parker Engineering, Inc. Steve T. Parker Contractor By Steve T. Parker President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes FKkNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor_,Code, .:each _contractor to, whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such . provisions before commencing the performance of the work of this contract. Date: 11-30-98 S. Parker Engineering, Inc. Steve T. Parker Contractor By Steve T. Parker President Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: S. Parker Engineering, Inc.. Bidder Name 10659.Whippoorwil1 Ave. Fountain Valley, CA. 92708 Business Address Fountain Valley CA. 92708 City, State Zip ( 714 ) 962-8137 Telephone Number 739476 class: A, B State Contractor's License No. and Class 10-3-96 Original Date Issued 8-31-99 Expiration Date The work site was inspected by Steve T. Parker of our office on 11-19 , 1998. The following are persons, firms, and corporations having a principal interest in this proposal: S. Parker Engineering, Inc. - Corporation Steve T. Parker - President Linda M. Parker - Secretary/Treasurer C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. S . Parker Engineer dg; Inc . " 4 -- Compan N e Signature of Bidder Steve T. Parker Steve T. Parker - President Printed or Typed Signature Subscribed and sworn to before me this 30 day 'of November. , 1990 . MICHELLE MC NEIII r— Comm. # 1154973 'p NOTARY PUBLIC • CALIFORNIA N Orange County NOTARY PUBLIC My Comm. Expires Sept.11, 2001 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. SEE ATTACHED 01 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 State of California )ss County of Orange ) On 11 1,011EXAt- e� .fin,. % 99� before me, Michelle McNeill, personally appeared �Zo personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary's Signature MICHELI� 'MC NEILL Comm, N 1154973 rA N :•® • NOTARY PUBLIC-CAIIFORNIA Or nge County Vq Comm. Expires Sept.11, N "Seal =RONTIER J C INSURANCE COMPANY (a California Company) 6404 Wilshire Blvd., Suite 850, Los Angeles, California 90048-5510 Bond NoSD00011910-81 BID BOND The American Institute of Architects AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we S . PARKER ENGINEERING, INC. as Principal, and Frontier Pacific Insurance Company, 6404 Wilshire Blvd., Suite 850, Los Angeles, CA 90048-5510, a corporation duly organized under the laws of the State of California as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($ 10%*************** ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for MARINA HIGH SCHOOL PROJECT. CONTRACT NO.: 1094. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety forthe 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 thereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25TH day of NOVEMBER 19 98 S. PARMR ENGINEERING INC. i I) (SEAL) (Title) FRONTIER PACIFIC INSURANCE COMPANY (Surety)" (SEAL) DWIGHT REILLY Atto - n-Fact FM 19-1187-FP (9/93) W-8813-6i94-3M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of SAN BERNARDINO OnNOV. 25, 1998 , before me, CLAUDETTE N. MARTIN, NOTARY PUB( IC Date Name and Title of Officer (e.g.. 'Jane Doe. Notary Public') personally appeared DWIGHT REILLY ------------------------------ Name(s) of Signer(s) liCLAUDElTE N. MARTIN Commission # 1177936 ze Notary Public - CaGfomia y San Bernordino County My Comm. Exl;ires Mar29, 2002 Place Notary Seal Above XXpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(§9 whose name(tq isHM subscribed to the within instrument and acknowledged to me that he/XNXXtN9ftxecuted the same in his/ti/X#a?#'X authorized capacity0M), and that by his/H&XK4NK signature(ig on the instrument the person(g), or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand and official seal. si nature of Notary Public CLAUDE TE N. MARTIN OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: NOVEMBER 25, 1998 Number of Pages: 1 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer DWIGHT REILLY-------------------------- Signer's Name: � ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General IX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FRONTIER PACIFIC INSURANCE. COMDnnT 0 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1.800.876-6827 ;URANCE COMPANY ony) es, California 90048-5510 -ORNEY DANCE COMPANY, a California Corporation, having its principal office Directors of the Corporation on the 15th day of November, 1991. esident be, and hereby is, authorized to appoint Attorneys -in - undertakings, recognizances and other contracts of indemnity )orate seal of the Company, in the transaction of its surety of the Company may be affixed to any such Power of Attorney ey or certificate bearing such facsimile signatures or facsimile A to any bond, undertaking, recognizance or other contract of on that the foregoing resolutions still be in effect may insert in Slivery thereof by such Attomey-in-Fact." -ity of the above Resolution. 1IGHT REILLY INEZ CHRISTOPHER S. HOPPER of California n its name, place and stead to sign, execute, acknowledge and deliver ate trust, guaranteeing the performance of contracts other than sired or permitted in all actions or proceedings or by law allowed; DUSAND ($3,500,000.00) DOLLARS; and to bind FRONTIER c if such bond or undertaking was signed by the duly authorized aid Attorney(s)-in-Fact pursuant to the authority herein given are Angeles, California, has caused this Power of Attorney to be signed by 4ugust ' 19 97 ' NCE COMPANY DAVID E. CAMPBELL, Vice President ic, personally appeared David E. Campbell, personally known to me to d to me that he executed the same in his authorized capacity, and that the person(s) acted, executed the instrument. Signature of Notary Public INSURANCE COMPANY, do hereby certify that the original POWER 3 and effect. -iseph P. Loughlin, Secretary, and affixed the Corporate Seal of the 19 98 Joseph P. Loughlin, Secretary vGINEERING, INC. TOORWILL AVE VALLEY, CA. 92708 137 FAX # (714) 962-0437 ' # 739476 IECTS AND REFERENCES i School Bob Witting Principal Engineer (714)567-6253 Kenneth Doyle Project Coordinator/Architect (909) 336-0342 Sandy Caldwell Principal Engineer (909) 782-5341 W.10393-4/95.5M County of Orange Al Sanchez Public Facilities & Resources Department Maintenance Inspector/ 10852 Douglass Road Specialist Anaheim, CA. 92806 (310) 567-6300 1997 - Drainage Improvements at Ralph B. Clark Regional Park PO # PC 405 L0005236.97 Total Contract: $ 36,127.72 City of Cerritos Mit Hunt 18125 Bloomfield Leisure Services Supervisor Cerritos, CA. 90703 (310) 916-1263 1997 - Liberty Park Sand and Volleyball Courts Project # 1062 $ 42,437.00 change orders $ 6,778.00 Total Contract: $ 49,215.00 City of Placentia Tom Risher 401 E. Chapman Inspector Placentia, CA. 92670 (714) 993-8131 1996 - Curb/Gutter/Sidewalk/Handicap Access Installation Project # 9502-9816 Total Contract: $ 310,571.00 City of San Bernardino Steve Enna 300 N. D Street Construction Engineer San Bernardino, CA. 92418 (909) 384-5111 1996 - Installation of Streetscaping on Baseline St Total Contract: $ 120,000.00 Rim of the World Unified School District Ken Doyle P.O. Box 3462 Project Coordinator/Architect Blue Jay, CA. 92317 (909) 336-0342 1995 - Rim of the World High School Football Renovation Total Contract: $ 341,800.00 !'.. 'T .. :.N, CA i " SEALED RID " DO NOT OPEN WITH KECtr AP, MA-, 7 SECTION C PROYOSAL' for the Marina High School Sidwalk Project from Springdale Street McFadden Avenue to Edinger Avenue - CASH CONTRACT No. 1094 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 10 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in.the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE 1 1 Mobilization - - - -- ---- - lump sum C TWO Dollars $ T $ Of?O G120 Cents Per lump sum 2 1 Clearing & Grubbing lump sum a FouQ, y SIN-" D Dollars o^ $ alal $ 0(::, Cents Per lump'sum 3 12600 Construct Sidewalk per OCFCD Std. 1205 S.F. C Ct= Dollars $ -' T Cents Per S.F. 4 1720 L.F. Remove and Salvage Existing Chain Link Fence a Fly tp= Dollars $ jaOn e� $ Ste_ Cents Per L.F. 5 1720 Construct 6' C. L. Fence per OCFCD Std. 600-0-OC L.F. @ " M w Dollars $ kqq oc) $ 0 0 �c7 Cents Per L.F. 6 2 Each Construct C.L. Gate per OCFCD Std. 600-0-OC nn C . F=W E 4 U N "1( Dollars . � $ _100 oa $ 1000 . Cents Per Each 7 1 Construct Driveway per HB Std. 211 > Each f-1 VS 4 O WD L.E �i) Dollars $ . DO $ 3 500 2. G �� Cents Per Each 8 a Dollars $ $ Cents Per 9 Dollars $ $ Cents Per Total Amount Bid in Figures: $ 54, 18a . ©a Total Amount Bid in Words: -E I &{ Ty Four: - - Ii-00 - C-1s 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. c Accompanying this proposal of bid, find BID BONAn the amount of $ L a which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidders Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section-4104,-the_-Bidder. shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor. State License Class of Work Number - p o • r30�C 4+-� II�1C-sTMINtStL-�2 C'E+�Z 3g53�15 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of errge LDS �li L.J .4Ll O-Ai L Kki-,0,26 ./11, P, , being first duly sworn, deposes and says that he or she is P of G V L L t r (�-z- C 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. CHAFAM E. POA H COMM. d )029146 Notary PLOC — CcAf0mia LOS ANGELES COUNTY W CM 17. 1994 Cty'L (.-/7p dCtc S Cc7\SO. Name of Bidder Signature of Bidder Address of Bidder "4 CA Subscribed and sworn to before me this ?O day of Av"44"le , 199 i . NOTARY PUBLIC _ r�-- . f : ��P& NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CiTi COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Marina High School Sidwalk Project, (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: 3®Z99 C 1v 1L v-10A?KS Ccwe Contractor By Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Secfion 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 If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor: -Code„ each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: �'� I �J C AY C\V1 L \A10 K S at ep- Contractor By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216A217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: r,I I//L V/d)elc S Cowl° Contractor S () WA-1 L IS KPH (-� UCH N By Title Date: it l 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: C1 v!L \/V0 Z3 CORD Bidder Name 2c)5I Co N (2 u �,STA Nv -E Business Address cFt. . 90215. City, r State Zip (54; 53 g ► 5 6-S Telephone Number - 6Lf6 3 f-5 State Contractor's License No. and Class IA-?A-Y 3/ .19g2 Original Date Issued Expiration Date C-9 The work site was inspected by S u i 1 k our office on i 113a /" , 1998 The followingare persons, firms, and corporations having a principal interest in this proposal: Cp R AP C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. C 1 / L- 1. D*� - s Comp4ny Name _ Signature of Bidder Kai {-Z©U 6' N Printed or Typed Signature Subscribed and sworn to before me this\ sv day ofRs 4 J �9% ATH Notary PuNic -- Cdifonia 2t L03 ANGELS C:JjRdfY My Comm. Expirw JAN I7, 1999 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. C l Qe?� Name and Address of Public Agency Name and Telephone No. of Project Manager: L� � Mau �o o� Contract Amount 2. C/, Name Address of Public Agency Type of Work C 4E Date Completed Name and Telephone No. of Project Manager: j � ,5IN-t4 ni © oL3,0 , Contract Amount of Work 3. (f / Ty O, wc;T /,/Z)&?&";� '�) , Name and Address of Public Agency t 77 Date Completed Name and Telephone No. of Project Manager: •t,t G`j e9 Q-C;�D C-'-U�, r Contract Amount Type of Work i 1 ( �Is Date Completed C-10 FIPJr NATIONAL INSULkNCECO.OFAMt= 4333 Brooklyn Avenue N.13 Suaute, WA 9S10S BID BOND KNOW ALL BY THESE PRESENTS, That we, Civil Works Corporation of 2057 Conquista Ave., Long Beach, CA 90815 (hereinafter called the Principal), w Principal, and FIRST NATIONAL -INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the lases of the State of Washington ae Surety, hereinafter called the Surety, are held and firmly bound unto the City of Huntington Beach - (hereinaftw called the Obligee) in the penal gum of Ten Percent of the Total Amount Bid ---------------------------------------------------------------------------------------- Dollars ($-------- 10%-------------- ) for the payment of which the PrincrVal and the Surety bind themselves, their heirs, executors, a mm tratore, successors and assigns, jointly and severally, firmly by theas presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Ptiaoipal has submitted or ig about to submit a proposal to the Obligee on a contract for Project Title: Sidewalk at Marina High School NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond Is required, with surety acceptable to the Oblige* for the faithful performance of the Bald Contract, then this obligation shell be void; otherwise to remain in full force and effect. Signed and anted this 30th d&y of November , 19 98 . Civil Works Corporation (apt) Principal Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA By .. J rey . Gr a Attorney -is- act ..IRS I A ' O { A► .. . FIRST NATIONAL INSURANCECO. OF AMERICA 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: POWER OF FIRST NATIONAL INSURANCE COMPANY OF AMERICA ATTORNEY 4333 BROOKLYN AVE NE SEATTLE. WASHINGTON 98105 No. 9392 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint x9mu Ium Nmu— NONROJEFFREY R. GRYDE, San Clemente, California■r■■■.■■■■■■■■rr■■■.M■■rrrrrrrrr its true and lawful attorneys) -in -fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 12 t h day of November . 19 93 CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed 'pursuant thereto. and (iii) Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R. A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 30th day of November , 19 98 S-1049/EP 7/94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 30, 1998 before me, Patrice Zeis, Notary Public DATE NAME, TITLE OF OFFICER- E.G., JANE DOE. NOTARY PUBLIC personally appeared Jeffrey R. Gryde NAME(S) OF SIGNER($) r ® personally known to me-)O�C�X�C6Xt?S�4ire�C�£fK@?lx4Ee to be the person" whose nameM is&Kjj subscribed to the wfthln Instrument and ac- knowledged to me that hello &XW executed the same in hisl?0(40.Xr authorized capacityQ bl4 and that by his X%Mr signature(4) on the instrument the person(e), PATRICEZEIS or the entity upon behalf of which the tip " COM.': # 1037195 acted, executed the instrument. 7�� ... � personQ -� v `-- Kf fJetart PGA G;:E:if COMITY WITNESS my hand and official seal. IGNATURE OF NOTARY OPTIONAL No,S907 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 ❑ INOIVIOUAL ❑ CORPORATE OFFICER TITLE(SI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF FERSONIS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN 14AMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave., P.O. Box 7r64 • Canoga Park, CA 91309.7184 SECTION C P A O P-O S A L---- for the '' V Marina High School Sidwalk Project ' from Springdale Street McFadden Avenue to Edinger Avenue CASH CONTRACT No.1094 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 10 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE 1 1 lurn sum Mobilization-- C ��/�`�'�� r Dollars —� Cents $ $ Per lump sum 2 1 . lump sum Clearing & Grubbing 9 %fte ( W94J,'t1 Dollars Cents $ 3 Xo� — $ c5, Per lump sum 3 12600 Construct 'dewalk per����%o u lars $ .SoVagS.F. $ � Cents Per S.F. 4 1720 L.F. Remove andSalvage Existing Chain Link Fence a -ORV Dollars $ %-5— $ tflqf� 0 SP.✓�rtJ� r'!/�i Cents Per L.F. 5 1720 L.F. Construct 6' C. L. Fence per OCFCD Std. 600-0-OC @ Dollars $9 to $ s Pi✓] Cents Per L.F. 6 2 Each Construct C.L. Gate per OCFCD Std. _600-0-OC u� -IcJQ fy(Md%GV�i'� Dollars $ Zo $ C7 Cents Per Each 7 1 Each Construct Driveway per HB Std. 211 C fa,T2 Dollars $ q�� $ �— Cents Per Each 8 a '—� Dollars Cents Per 9 C— Dollars Cents Per $ — $ Total Amount Bid in Figures: $ 06 Total Amount Bid in Words: 6, h2 C-Is If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ q, 000which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash"; "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda he any: any: 02 C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section_-41_04, the. -Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State ,License. Number Class F&x&lW�e_c-r- s Veyic_& ev, Po. Fox 3153 9 S G By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange D4UIX"C- M, �2�/n%8ElZ�ElZ, being first duly sworn, de oses and says that he-iw she is PR-e-61 PeX7-/ ��' of KA6 V7QU/PMEIUT J? nt1ie-party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine. and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone. shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication,. or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this r 5r NOTARY PUBLIC K, 46, I'V UI PM670 Ale,. e of Bidder Signature of Bidder D)g7Vjj6'tLC M• Jee7a66-V61fX P, 0 , 80X q 570, ONMO b> Ilia q/71al Address of Bidder day of DEC6WW , 199 . CRUZ R. BORRERO Commission M 116"55 %rMyCornm. Notary Public - Colitamio_Los Angeles County E pkm Jan 1& 2002 NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Marina High School Sidwalk Project, (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: /2 v/ / 98 ��5. �1��►Ptilr�T � ���-.ANC . By D41, I IE7aE M. ;F&-1A 6Vg 6C Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Secfion 1.4310.5, 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 XNo 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. ggde, ,_each _contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such - provisions before commencing the performance of the work of this contract. Date: !L/a/ I % raulawNr /?min , /rvc. ntractor BY Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name po, 130X g570 Business Address OnrW- 40) City, State Zip (61 bq ) CO2.13: 514 Telephone Number 75/ 70 / 7q State Contractor's License No. and Class -7//3f 98 Original Date Issued 7/3 //�Z 000 Expiration Date The work site was inspected by �y R 5 B our office on NOS. 30 r# , 1998. The following are persons, firms, and corporations having a principal interest in this proposal: U-1 p NC. C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PA4 T _ 1 t 17V., /rve . Co p y Nam Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of 199 CRUZ R. BORRERO Commission # 1169955 = Notary Public - Cotifornia Los Angeles County OMYCOmm. Ephnes Jan 18, 2M2 NOTARY PUBLIC` NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which . the bidder has performed similar work within the past two years: o. i 1. U.6. 4� 60kR5 DF- �1V e-711V f��2 Lv5 �V 5 A X .5'3 C I 6E4r6i � 9b0.53- 2325- Name and Address of Public Agency a?ve4- P-u 4. CONS% //Ve 46 /Zl Vk-P- //VI pVA4T5, -' 315- • 0. 60Y 29, onln9rvfl�, c i g23w Name and Telephone No. of Project Manager: -k (90q) 350- 3-535 M/KC- k1^/4 T/LL ,�w�55 'dl, 52., 061.60 foontv6 ,"�ypQ IAJ W99655 Contract Amount Type of Work Date Completed 2. CO UN N OF kI V&P,5lPb TR#IVJPO41W770 % / LSD 06 #66w Name and Address of Public Agency / /D i c Z�;-o2—/0 5 MUC-r—T 0CIS43 M01 C/vo,-/6 r1-VE. Name and Telephone No. of Project Manager: (gog ) 96 6 795' 6MA/ V &W y 4 g, 9264o Dal 69#DJnI4 �I1-L IN FX,06�s Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 Bond No. CB025905 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, that we KAS Equipment & Rental, Inc. as Principal, (hereinafter called the Principal), and National American Insurance Company , a corporation duly organized under the laws of Nebraska and authorized to transact a general surety business in the State of Ca 11 f orn i a as Surety, (hereinafter called the Surety), are held firmly bound unto: City of Huntington Beach, Dept. of Public Works as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accom2anyin�q bid of the Principal, not, however, in excess of Nine Thousand Dollars and no/100 *** **** 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. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas, the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, .for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: City sidewalk and some fencing NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of failure so to do, pay the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of. said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal, and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed and dated this 3 0 day of Novemb r KAS &nt �, hnc , By: � - Principal Danielle Reinberger, Presidemt Name retV Com�an�r Nat'on 1 Amer c n nsurance Company By: Patricia NATIONAL AMERICAN INSURANCE COMPANY POWER OF ATTORNEY OMAHA, NEBRASKA PRINCIPAL KAS Egiii pmt=nt & Rental, Tnr,EFFECTIVE DATE 1 2 f 1 J98 PO Box 9570, Ontario, CA 91762 (STREET ADDRESS (CITY) !STATE! (ZIP CODE! CONTRACTAMOUNT $90,000.00 AMOUNTOFBOND$9,000.00 POWER NO. CB 025905 KNOW ALL MEN BY THESE PRESENTS: That the National American Insurance Company, a corporation duly organized under the laws of the State of Nebraska, having its principal office in the city of Chandler. Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of .luh, 1987. to wit: "Resoled, that a:Iy officer of the Company shall have authority to make. execute and deliver a Power of Attorney constituting as Attornev-in-Fact, such persons, firms, or corporations as may be selected from time to time. Belt Further Resolved, that the signature of any officer F nd the Seal of the Company may be affixed to am• such Power of Attorney or any certificate relating thereto by facsimile, and any such Posner of .Attorney or certificate bearing such facsimile signature or facsimile peal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature 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." National American Insurance Company do_s hereby make, constitute and appoint PATRICCIA ZENIZO OR PIETRO KICCICHE State of CALIFORNIA its true and lawful attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The oblieation of the Company shall not exceed one million (31,000,000.00) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized of`'icer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Compare has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. NATIONAL AMERICAN INSURANCE COMPANY PSG PN INSUg4 1 ,/ / L.S✓ � J G iSEAL a W. Brent I.aGere, Chairman & Chief Executive Officer o a Yby � OMAH I` NERRASKP STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS. On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. Vy 01 A,y F,fl 2euc Notary Public "`O" My Commission Expires August 31, 1999 STATE OF el O't4 HO"<1 CO, CoVN STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS: 1, the undersigned, Assistant Secretary of the National American Insurance Company, a Nebraska Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Datedthe 30 dayof November 19 98 \G,,N INSU.9 P4.P`OPVO R 4p_9'i�C� I��✓l �J Winifred E. Mendenhall, Assistant Secretan SEAL 3 Yy a OMANp NEBR45FP CALIFORNIA ALL-PURPCSE ACKNOWLEDGEMENT State o` California amour ty or Los Angeles On 1 1 /30/98 be -;ore rne, Pietro Micciche DA;- NAME. TrLf OF CFFICU • E.G. '.LANE DOE. NOTARY PUSUC' personally appeared Patricia Zenizo NAMEIS) OF SIGNERIS: ;x oersonaily known to r-,e - OR - : ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowiedged to me that he/shelthey executed the same in hisiher/their authorized capacity(ies), , and that by his/her/their PIETRO MICCICHE signaturets) on the instrument the oerson(s), +°ry' Comm. iS1105789 �A or he entity upon behalf of which the NOTARY PUBLIC • CALIFORNIA 11t Los Angeles County person(s) acted, executed ;he instrument. My Come. Ezpirzs July 15, 2000 :WITNESS r-n and and offical sea(. SIGNATURE OF NOTARY Though the aata below is not required by law fraudulent reattachment of this tcrm.' CAPACITY CLAIMED BY SIGNER INDIVIDUAL (; COR.POFRATE OFFICER T ITLE(S) (, PAR'NER(S) 1 LIMIT:D (; GENERAL (i A-ORNEY-1-N-'FACT 1 TRUST:;(S) 1 GUARCIANICONSERVATOR 0TH:F.: SIGNER IS REPRESENTING: NAME Oa n.450M(5) OR E-4-TY(IES): OPTIONAL 111101001111111 a may Drove valuaz,e to persons relying on the document ana couid prevent DESCRIPTION OF ATTACHED DOCUMENT TITLE OF, TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNEFIM OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On December 1 1998 before me, Cruz R. Borrero, Notary Public a e — Name an i e o icer e.g., °Jane Doe, ' Personally appeared Danielle Reinberger Name(s) o'f3igner s ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(&) whose name() is4wa subscribed to the CRUZ R. BORRERO within instrument and acknowledged to me that h4WsheAb4y, Commission # 1169955 = executed the same in her authorized capacity(), Z 4PMY NotaryPublic-California and that by her!#is signature(} on the instrument the tos Angeles Countyperson), or the entity upon behalf of which the person() Comm.ExpiresJan18,2�2 acted, executed the instrument. WITNESS my hand and official seal. Signature OT Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: November 30, 1998 Number of Pages: 1 Signer(s) Other Than Named Above: Patricia Zenizo Capacity(ies) Claimed by Signer(s) Signer's Name: Danielle Reinberger I Individual Corporate Officer Title(s): President / Secretary / Treasurer Partner -- ❑ Limited ❑ General Attorney -in -Fact Trustee RIGHTTHUMBPRINT Guardian or Conservator OF SIGNER Other: I FTop of thumb here Signer is Representing: KAS Equipment and Rental, Inc. Signer's Name: N/A Individual Corporate Officer Title(s): Partner -- ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: Top of thumb here KAS EQUIPMENT AND RENTAL, INC. Post Office Box 9570 Ontario, California 91762-9570 CITY CF CITY OF HUNTINGTON BEACH DEPT. OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 SEALED BID: MARINA HIGH SCHOOL SIDE- WALK PROJECT, CC 1094 - 12/01/98 @ 2:PM t I d I vo'Ho v3'R 1111015'4111HnH jc; A."i3 5i�3i:� A1t� 0-a'Ri3038 E Co r: SECTION C PROP-OSA"L---_ for the Marina High School Sidwalk Project ' from Springdale Street McFadden Avenue to Edinger Avenue CASH CONTRACT No. 1094 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 10 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE 1 1 Mobilization lump sum @ E16W T T dus q,16 Dollars $ , dV ,�,�v1 $ gT, 00 D Cents Per lump sum 2 1. lump sum Clearing!& Grubbing C 4064,639 u�/[vB�vT�1 /lifdr/S�IND TlyE Do $ ZZ,T $ Z2i�. Cents Per lump sum - 3 12600 S.F. Construct Sidewalk per OCFCD Std. 1205 @ /1",EG Dollars F.fTy 1 / Cents Per S.F. 4 1720 Remove and Salvage Existing Chain Link Fence L.F. n TOu'o— Dollars $ AL Cents Per L.F. 5 1720 L.F. Construct 6' C. L. Fence per OCFCD Std. 600-0-OC @ eN/Dollars $ X0 $ 172x.&% AD Cents Per L.F. 6 2 Construct C.L. GateperOCFCD Std. 600-0-OC Ale @ . /E /� B1J-514g6 Dollars $ ', $ 2, &W, 14 0 Cents Per Each 7 1 Construct Driveway per HB Std. 211 Each @ 7_112Er —km1-r f &AA Dollars $ 3 0 V. DV $ 344",,O Ale Cents Per Each 8 a Dollars $ $ Cents Per 9 @ Dollars $ $ Cents Per C-1s v 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 E3i.n Zoob in the amount of $ A Anw-r at which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder.'s. Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section,41_04, the_Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor.: °= - =. _' State ,License. Number Class_ i fW un/n/ 6 d 6 0 ALOwixI 4A2 06 -y7e26 C'� IS S74VC7uPZ�t-- 6U/&JaZs 5-36- v2.24s �zz 6y i6 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the . above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ,DA'JI•p C-H 6'?--A K , being first duly sworn, deposes and says that he or she is �e,,;s��E►�-r _ of PE-se. 6-Ajjo Oz.,INc-. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine. and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought byu 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. Name of Bidder A Sig at of Bidder t3841 tJ�.wNaP£+ �so.as,J Ue�� Address of Bidder Subscribed and sworn to before me this 5 fday of,f , �K. NOTARY PUBLIC • CALIFORNIA y ORANGE COUNTY ro jv=m- Comm. Expires Februart 13, 1999 n NOTARY PUBLIC NOTARY SEAL C-4 1 .1 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Marina High School Sidwalk Project, (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: 12 1 lig Contractor By PrrC-e, S I fl,F-:-J T Title C-5 a DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 1.4310.5, the Bidder shall complete, under penalty of perjury; the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes U(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 t COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor.,Code„each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such . provisions before commencing`the performance of the work of this contract. ` Date: /Z /,Ar Contractor ,. 31 /iL--sI,OCAvT Title C-7 A UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is. completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor AcS/DENT Title Date: la -I, 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: Bidder Name 3,3 l A16ZJ QPL s-F Business Address (r1 a--6 Al C,i ya8 Y,3 City, State Zip (7/� ) 5-37 15�10 Telephone Number ,5-7�27,57- e State Contractor's License No. and Class ///Wd Original Date Issued Expiration bate The work site was inspected by ✓/D CHa�,(' of our office on // 2- 199 �. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract .for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name„ Signature Jfl✓)J/ CNo�flK = P si�E,�T Printed or Typed Signature Subscribed and sworn to before me this L-;fday of 2, , NOTARY PUBLIC IT ] fiLLER N :, CC,.;:,I. 4) 1000M e o NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY M/ Comm. Expires February 13,1002 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: 0�T� �Li¢hAd/$Z�+r- 9oaas Name and Address of Public Agency Name and Telephone No. of Project Manager: %`F-✓/A/ - Z,1 e1V Y1JA1 L31o) Sys- $S3 Y �5�9, d7J`� � STo2M �R>9�,✓ �N.STkuc�DA% /! /98� Contract Amount Type of Work Date Completed 2. (,/� Ty �l' /•f. /3. - ZOO M.11/A/ IS HvAITly 75W BC-19CH , %Pb VS Name and Address of Public Agency Name and Telephone No. of Project Manager: 1- c /( �/7 i,/) s3 b - ss / 7 424D/ 0 %6 • M c WE2 615-ryGT D-J / // y- Contract Amount Type of Work Date Completed el i7 W 1-1•6. - 2&0-6 /L!q/A/ 67> , guA,7-mJ6-iGA) ,6c9CK _ 92-40 Name and Address of Public Agency Name and Telephone No. of Project Manager: C�21 c CNA2LpA/n/ (71y) --06- 64go JrOtM D2��A/ = STrECT' evAus I2d6710A1 Or Contract Amount Type of Work Date Completed C-10 PREMIUM —NIL Bond No. 7279405 GtW rV11EIUGV4 INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we, PETER C. DAVID CO., INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS ($ 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 25TH day of NOVEMBER 19 98 WHEREAS, the said principal IS herewith submitting A proposal for MARINA H.S. SIDEWALK PROJECT (C.C.1094) NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the for ; but in no event shall the liability hereunder exceed the penal sum hereof. PETERS . BY: NC. Principal GREAT AMERICAN INSURANCE COMPANY By DAVID L. CULBERT SON A1(nrneV-in-Fact F.9116K= (3/82) (BID FORM) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11-25-98 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared DAVID L . CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WX=SS,my hand and official seal. Lexie Sherwood V Comm. sty 148920 ^ Signa a of Notary Public I&Comm. OTARY PUBLIC • CALIFORNIA" ORANGE COUNTY Exp. July 27. 2001 94 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOC NEWT NMOF PAGNS 1 DATE OF DOCUMENT 1172 5- 9 8 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) GZE U ANERiCAN INSURANCE COMPANY 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 13630 SIX POWER OF ATTORNEY KNOW ALI, MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE. COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE R.A. COON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attornev(s)-in-fact named above. IN WITNESS W HEREOF the GREAT AM ERICAN INSURANCE COM PANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of June 1995 Attest STATE{ OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICA\ INSURANCE COMPANY On this 22nd day of June, 1995 , before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument: that he knows the seal; that it was so affixed by authority of' his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted b% the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and here by is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute on behalfof the Company. as surety. anvand all bonds, undertakings and contracts of'suretvship, or other written obligations in the nature thereof. to prescribe their respective duties and the respective limits of their authority: and to revoke anv such appointment at anv time. R F.SOL. VED FURTHER: That the Company seal and the signature of anv of the aforesaid officers and any Secretary or Assistant Secretary of the Companv maybe affixed by facsimile to arty power of attorney or certificate of either given for the execution of anv bond, undertaking, contract orsuretvship, or other written obligation in the nature thereof: such signature andseal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Companv, to be i and and binding upon the Companv with the same force and effect as though manually affixed. CERTIFICATION I, RONAL.D C. HAYC-S. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Anornev and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 25TH day of NOVEMBER 19 98