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HomeMy WebLinkAboutSOUTHERN CALIFORNIA UNDERGROUND CONTRACTOR INC Graham Street Storm Drain CC-797 1993-1994 (Notice of Completion 1/3/94) - 1993-04-19 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% TION PAYMENT Date 73,9 � • GA The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. AN T. VILLELLA Director of Finance I certify that no stop notices are on file on the subject co ract at this time. Date: LOUIS . SANDOVAL IWV Public Jorks Director -� I certify that no stop notices are on file on the subject contract and that a guaranty bond has.been filed. Date: .2Z P( CONNIE BROCKWAY City Clerk I.certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer _:; 0574J WHEN RECORDED MAIL TO: City of Huntington Beach THE ORIGINAL OF THIS DOCUMENT Office of the City Clerk Ras RD.nRDEr ON gl-FER-i , P. 0. Box 190, DOCUMENT NUMBER 94-0075641. Huntington Beach, CA 92648 1;-1 A. ,a'Ikkiew,. PARTY WHOU'ri tihu�di;E it_tit'rJi'i Rf%iiRirR':; iP'fl^.t_ NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Southern, California Underground Contractors, Inc. , 14077 Olathe Road, Apple Valley, CA 92307 who was the company thereon for doing the following work to-wit: Graham Street Storm Drain, CC-797. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Graham Street between Heil Avenue and Meadowlark Drive, and Meadowlard Drive between Graham Street and Birdie Lane, and Birdie Lane between Meadowlark Drive and Venturi Drive, and Venturi Drive between Birdie Lane and Ace Lane Nature of Interest: water easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 3, _ 1994. That upon said contract the The Insco Dico Group was surety fora. the bond given by the said company as required"by 1 aw.' Dated at Hu"nti'ngton .Beach, :Ca1=i,-forn:i a, this 19th day of January, 1994. City Clerk and ex-officio erk 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 Cou.ncil-:' _ Dated at Huntington Beach, California, this 19th day of Januar..yj.:1994:-: ;- -Thi:s 'document:..i s- solely_ for the official business of the City / of Huntington;, Beach, .-as. contem- plated under Government Code City Clerk and ex-officio CArk Sec. 6103 and should be recorded of the City Council of the City free of charge. of Huntington Beach, California 1154K/1488K WHEN RECORDED MAIL TO: City of Huntington Beach trot' 9 ® 07'.6," Office of the City Clerk P. 0. Box 190 0 1— EB-1994 ��� f-'p � Huntington Beach, CA 92648 Karnrdrad in irffiriAl Karnrdr of Orarr3i County, California Lee A. Branch, County Recorder Page f of i FPPS'. 9 0_I)iJ Tax: $ 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Southern California Underground Contractors, Inc. , 14077 Olathe Road, Apple Valley, CA 92307 who was the company thereon for doing (2 the following work to-wit: Graham Street Storm Drain, CC-797. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 0 F� Site: Graham Street between Heil Avenue and Meadowlark Drive, and Meadowlard Drive between Graham Street and Birdie Lane, and Birdie Lane between Meadowlark Drive and Venturi Drive, and Venturi Drive between Birdie Lane and Ace Lane Nature of Interest: water easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 3, 1994. That upon said contract the The Insco Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of January, 1994. City Clerk and ex-officioOTerk 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 19th day of January, 1994. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk and ex-officio CK,, k Sec. 6103 and should be recorded of the City Council of the City free of charge. of Huntington Beach, California 1154K/1488K .a I have received Maintenance Bond for Southern California UndPrgrn„nei r'ontractass,4ne.-,4G on behalf of the Treasurer's Office. Dated By: !/I �r,Ot� Southern California Underground Contractors, Inc. 14077 Olathe Road Apple Valley, CA 92307 Bid bonds should be released for CC-797. Oi insc n°sc - 1C0 4DICO C�OMG� �C�OMC� MAINTENANCE BOND BOND NO: 1 2 5 9 8 6 P NONE PREMIUM: $ INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: ` THAT we, SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC . as Principal, and INDEMNITY COMPANY OF CALIFORNIA, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California,as Surety, are held and firmly bound unto CITY OF HUNTINGTON. BEACH I **THREE HUNDRED FORTY ONE THOUSAND, as Obligee, in the sum of TWO HUNDRED SIXTY AND NO/100** ($ 341 , 260 . 00 Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: i MAINTAIN GRAHAM STREET STORM DRAIN: CC 797 i WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly aUJJhprj@gtlAkt8rTyj6&;t GAIL MUTTON this 25 day of JANUARY , 19 94 CITY E By:� UTHERN CALIFORNIA INDEMN -V0XPM�YA1qf0 FO NIA E GROUND CONTRACTORS, INC . Princi 1 , BY: V I C R I A H O D G E Attorney-in•Fact 4 17780 Fit Irvine,CA 2714 (714)263-3300 FORM ICC-305 REV.10/90 POWER OF ATTORNEY OF • INDEM 'Y COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 157365 P.O.BOX 19725,IRVINE,CA 92713 • (714)263-3300 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1996. 2. This Power of Attorney is void if altered or If any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is In brown Ink,the signatures are in blue Ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. N ALL MEN BY THESE PRESENTS,that,except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each ,but not Jointly,hereby make,constitute and appoint _IZABETH ROBLE, VICTORIA HODGE, JOINTLY OR SEVERALLY'" and lawful Attorneys)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of 7p In an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attorneys)-In-Fact full id 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 )orations full power of substitution and revocation;and all of the acts of said Attorneys)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. ority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: nk depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease isurance company qualifying bonds,self-insurer's bonds,fidelity bonds or ball bonds. -er of Attorney is granted and Is signed by facsimile uhder and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY IY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: 1LVED,that the Chairman of the Board,the President-and any Vice President of the corporation be,and that each of them hereby Is,authorized to execute Powers of Attorney, I the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- etary of the corporation be,and each of them hereby Is,authorized to attest the execution of any such Power of Attorney; )LVED,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 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 of suretyship to which it Is attached. :SS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- idents and attested by their respective Secretaries this 1st day of April,1993. 'ITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By Da a F.Vincenti,Jr. ANY Dan F.Vincent4r.' President p��pPOR °" P Uggh resident PS�NS �``p i OCT.5. C �?MAR 27, n _,, loci o ATTEST i Iota ; Iras By Walter Crowell Walter Crowell Secretary Secretary �F CALIFORNIA) SS. OF ORANGE ) Aril 1,1993,before me,Tiresa Taalua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory +)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 ;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. LESS my hand and official seal. N+N v r OFFICIAL SEAL TIRE FLIA s ~` NOTARY PUBLIC BLIC-CALIFORNIA PR INC IPAL OF F ICE IN ORANGE COUNTY My Comm ssion Ekp.Aug.A.1995 CERTIFICATE `' •~ indersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby at 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 f Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. :erti0cale Is executed In the City.%f Irvine,California,this 8 day of A PR I L 1gg3 ITY COMPANY OF CALIFORNIA p�PAwy° DEVELOPERS INSURANCE COMPANY C5%Nsug4 / �O`OpP 0 R�1 Ao �Q'`pp P 0 R4ncC, OCT. C /L i/_—C --- o MAR.27. o By IOGI L.C.Fiebiger �n� p`�`? L.C.Fiebiger r n', N\� Senior Vice President rroa + Senior Vice President r o?_ ",xt, DECLARATION OF SATISFACTION OF CLAIMS r dc-, , state: (Name ot Co ractor 1 . I am the general contractor for the City of Huntington Beach , as to the project more. fully described in the , public works contract entitled and dated OAll workers and persons employed , all firms supplying materials , and all subcontractors for the above-mentioned project have been paid in full . 3 . rhe following are either disputed claims , or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes o' the State of California: ( if none , state "NONE" ) I declar.e under penalty of perjury that the foregoing is true and correct . 7�P25(f�MCq439j Executed at (24 on this ` day of xl� ( ignature of Contractor ) City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on C C� � G���,a►�-1 S��r� 7Jfa.�.r� Project No. Title hereby certifies that all laborers, mechanics, apprentices , trainees, watchmen and guards employed by him or by any subcontractor perform- ing 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 provi ions applicable to the wage rate paid , c Signature and Title REQUEST FOR CITY COUNCIL ACTION Date: January 3, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: AGouis F. Sandoval, Director.of Public Works Subject: - Graham Street Storm Drain; CC-797 APPROVED BY CITY COUNCIL Consistent with Council Policy? [X] Yes CrrY CLERto Statement of Issue,Recommendation,Analysis,Funding Source,Alternative action,Attachments: ------------------------------------------------------------------------------------------------------------------------------------------------------------------ STATEMENT OF ISSUE: Southern California Underground Contractors, Incorporated, has completed construction of the Graham Street Storm Drain in Graham Street between Heil Avenue and Meadowlark Drive, and Meadowlark Drive between Graham Street and Birdie Lane, and Birdie. Lane between Meadowlark Drive and Venturi Drive, and Venturi Drive between Birdie Lane and Ace Lane. RECOMMENDED ACTION: Accept the improvements for the Graham Street Storm Drain; CC-797 and authorize the City Clerk to file the Notice of Completion. ANALYSIS: On April 19, 1993, City Council awarded a contract to Southern California Underground Contractors, Incorporated, for the Graham Street Storm Drain project. Construction of these improvements was completed on November 18, 1993 in accordance with the approved plans and specifications. The Director of Public Works recommends acceptance of the project and requests that Notice of Completion be filed by the City Clerk. Following is a summary of project costs: Council Approved Actual Expenditures Contract Amount $329,410.00 $329,210.00 Construction Change Orders 32,941.00 12,050.00 Total $362,351.00 $341,260.00 Council approved $362,351.00 for the construction of the project. Actual expenditures amounted to $341,260.00 to complete the work, a saving of$21,091.00 (5.8%). i 4eque;t fo.4 City Council Action Grah.,un Street Storm Drain January 3, 1994 Page 2 FUNDING SOURCE: Not Applicable ALTERNATIVE ACTION: Reject acceptance of project. ATTACHMENTS: None LFS:REE:SEK:sk WHEN RECORDED MAIL TO: City of Huntington Beach Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Southern California Underground Contractors, Inc. , 14077 Olathe Road, Apple Valley, CA 92307 who was the company thereon for doing the following work to-wit: Graham Street Storm Drain, CC-797. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Graham Street between Heil Avenue and Meadowlark Drive, and Meadowlard Drive between Graham Street and Birdie Lane, and Birdie Lane between Meadowlark Drive and Venturi Drive, and Venturi Drive between Birdie Lane and Ace Lane Nature of Interest: water easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 3, 1994. That upon said contract the The Insco Dico Group was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of January, 1994. City Clerk and ex-officio Oerk 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 19th day of January, 1994. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk and ex-officio rk Sec. 6103 and should be recorded of the City Council of the City free of charge. of Huntington Beach, California 1154K/1488K ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 24, 1993 Southern California Underground Contractors, Inc. 14077 Olathe Road Apple Valley, CA 92307 Re: Graham Street Storm Drain CC-797 Dear Sir: Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Nobel, Contracts Administrator, 536-5441. Sincerely, ,® Connie Brockway, CMC City Clerk CB:mj Enclosure: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 1462K/1463K (Telephone:714.536-5227) I have received Performance, Payment, and Maintenance Bonds for Graham Street Storm Drain, CC-797 (So. CA Underground Contractors, Inc.) on behalf of the Treasurer's Office. Dated /t 0, By: �1� inscRICO I:.cU jE;T E:.3Z .^T 0 ON FlRAL CJC.T RA i F;;mac PERFORMANCE BOND — PUBLIC WORK Bond No. l 25986P Premium $ 6, 588 .00 KNOW ALL MEN BY THESE PRESENTS:That we, SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC. As Principal,and INDEMNITY COMPANY of CALIFORNIA,a corporation duly authorized under the laws of the State of Nevada to become surety on bonds and undertakings, as Surety, are held and firmly bound unto CITY OF HU14TIIIGTOII BEACH As Obligee in the full and just sum of **THREE HUNDRED TWENTY NINE THOUSAND FOUR HUNDRED TEN DOLLARS** Dollars,($ 329,4'1 0. 00 ), lawful money of the United States of America,to be paid to the said Obligee,successors or assigns;for which payment,well and truly to be made,we bind ourselves,our heirs,executors,successors,administrators and assigns,jointly and severally,firmly by these presents. The Condition of the foregoing obligation is such that:whereas the above bounden Principal has entered into a contract,dated APRIL 20 , 1993 ,with the Obligee to do and perform the following work,to-wit: GRAHAM STREET STORM DRAIN: CC 797 as is more specifically set forth in said contract,to which contract reference is hereby made; Now therefore, if the said Principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 28 day of APR I L , 1993 SOUTHERN CALIFORNIA UNDERGROUND ONTRACTORS, INC. INDEMNITY COMPANY of CALIFORNIA Principal BY if TORIA HODGE Attorney-in-Fact APPROVED AS TO FORM: 17780 Fitch GAIL HUTTON, City Attornfvine, California 92714 By:; puty City Attorney(714) 263-3300 10 026 nee.z,re+ % ft"M c® The unsc®/®ic® Group DICO P71 BASED ON FiN,A,L , :7 �h-�iifi�' PAYMENT BOND — PUBLIC WORK Bond No. 125986P --'Premium included In Performance bond. KNOW ALL MEN BY THESE PRESENTS,That SOUTHERN CALIFORNIA UNDERGROU11D CONTRACTORS, INC,as Principal, and INDEMNITY COMPANY of CALIFORNIA,a corporation authorized to transact a general surety business in the State of Reva d-a_as Surety, are held and firmly bound unto - G . j CITY OF. HUTITINGTON BEACH C. **THREE HUNDRED TWENTY NINE THOUSAND , as Obligee in the sum of j FOUR HUNDRED TEN DOLLARS** 329,410.00 Dollars(S ) for the payment whereof, in lawful money of the United States, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that:whereas,the above bounden Principal has entered into a contract, dated APRIL 20 ,1993 ,with the obilgee to do the following work, to-wit- GRAHAM STREET STORM DRAIN: CC 797 Now, therefore, if the above bounded Principal, contractor, person, company or corporation, or his or its subcontractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code,with respect to work or labor performed by any such claimant,that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also,in case suit is brought upon this bond, a reasonable attorneys fee,which shall be awarded by the court to the prevailing party in said suit,said attorneys fees to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the Slate of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. S ned and Seated this 28 day of APR I L 1 g 93 S UTHERN CALIFORNIA UNDERGROUND COITRACTORS, INC. INDEMNITY COMPANY of CALIFORNIA Principal By VICT R�A HODGE r"OrIn-Fact 4 APPP07�7-D AS 7-0 FOR'.': GAIL F.��TTC , Ci ter Attorney :By:. : y:. Deputy City Attorn .y 333 Wilshire Ave. ' �� Anaheim, 71 California 92801 10020 1/06 S�< Z 3 (71 a) 999.1471 (213)3) 402-7877 �1�j12Vli^�?<l/n�.�..�1r.e�l,+nl��fln,r,mn...nn.•.nQ..,/�^.�.Q Q.�./nn,•.(+.�,i.�(n..�r�...nn...n.�.•..,,n...�...,..,r.....- ... - - .. - I r P insc BARS-c LO _ in RA :_,yTONFRIACt:,fTF ►�� O �COMP MAINTENANCE BOND BOND N0: 1 25986P PREMIUM: $ 0 INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we, SOUTHERN CALIFORNIIA UNIDERGROUNID CONTRACTORS, INC. ' asPrincipal, and INDEMNITY COMPANY OF CALIFORNIA, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California,as Surety, are held and firmly bound unto CITY OF HU14TIIIGTOII BEACH "THREE HUNIDRED TWENITY IIIIiE TRU3SANID as Obligee, in the sum of FOUR HUNIDRED TENT DOLLARS** ($ 329,410. 00 Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: GRAHAM STREET STORM DRAINI: CC 797 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee,then this obligation shall be void,otherwise to remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this 28 day of APRIL 1993 SOUTHERIJ CALIFORNIIA UNIDERGROUNID NITRACTORS r I11C. INDEMNITY COMPANY OF CALIFORNIA Principal BY: 4 ` I T RIA HODGE Attorney in.Fact 17780 it Irvine,CA 92714 (714)263-3300 FORM ICC•305 REV.10/90 �, _ 'i3 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N2 157365 P.O.BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint *.*ELIZABETH ROBLE, VICTORIA HODGE, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)In any single undertaking;giving and granting unto said Attorney(s)-In-Fact full powefand 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.The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: - Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on flnanolal Institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers maybe 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 respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By V I ` BY v ` Da a F.Vincenti,Jr. Dan F.Vincenti,Jr. President oo�PPO Qr o, Ssup President PS\P FOR 1 i O�T.a o T NAR.27, o p ATTEST a 1s67 o ATTEST 1878 0 � BY Y B A� Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided 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. Z------------- OFFICIAL SEAL TIRESATAAFUA Signature c �� J'_ '« +^ NOTARY PUBLIC•CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY ;D•' Mr Commission Exp.Aug.4,199 CERTIFICATE ~ The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California,this 2 8 day of APR IL ,1993 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY p Alf), DEVELOPERS �G 4pPP O R'�Jv�O - �Pp%P 0 R44�o ti t �• Z4 lF,e, Zf� z OOT.S, o ) �i/ O• NCR.2T, o c' By L.C.Fiebiger n 1`07 � a By T L.C`Fiieb`iigger n 16. D Senior Vice President �� r°OAS`A Senior Vice President *�� ID-310 REV.4/93 SEVEN-C S C:ONST, P02 SEVEN C'S CONSTRUCTION Uceass # 617919 34101 Vk*M Wwom St,* Dana Point • 92629 Bus. (714) 493-4774 Fpx (714) 496-3403 April 6 , 1993 City of Hunington Beach Attn : StRVA Krieger Re : Bid for Graham Street Storm Drain Dear Sir: Concering the Graham St Storm Drain project , I have discovered that there was a miotakc made on the backfil.l puiLiun of my bid. We did not figure in the: ( 1 ) sack slurry back fill which is an approx a. $70 , 000. mistake. There is no way we can absorb this amount . - I am truly sorry for the inconvenience, and I hope you can see your way clear to reloase us of any obligation rut Lois project . I hope to bid with you again, everyone I have talked to at the City seemed upfront and fair people. Thank you for your time and understanding. Kelly Z Cornish Seven C 's Construction , Inc Bid 4 /5/93 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO. MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUESTED APPROPRIATION TO CONSTRUCT THE GRAHAM STREET STORM DRAIN, FIS 93-52 DATE: APRIL 6, 1993 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $373,351 to fund the construction of the Graham Street Storm Drain. Upon approval of the City Council , the balance of the undesignated, unreserved District Drainage #2 Fund would be reduced ito $32,0 0. ROBERT J. Deputy City Ad inistrator RJF:skd c r WPADSERT:1372 REQUEST FOR CITY COUNCIL ACTION /- T �a6 Date: Apr. 19, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato �Ck— AppROVED DY CITY COUNCIL Al Prepared by: Louis F. Sandoval, Director of Public Works tf*� Subject: GRAHAM STREET STORM DRAIN; CC-7 97 c T cL� Consistent with Council Policy? [XI Yes ----------------------------------------------------------------------------------------------------------------------------------------- -- Statement of Issue, Recommended action, Analysis, Funding Source, Alternative action, Attachments: eal ---------------------------------------------------------------------------------------------------------------------------------------------- STATEMENT OF ISSUE: On February 16, 1993, City Council authorized the call for bids for the Graham Street storm drain; CC-797. RECOMMENDED ACTION: 1. Reject the low bid of Seven C's Construction, due to a mistake in the bid proposal, and 2. Accept the second lowest bid and award the contract to Souther California Underground Contractor, Inc., 14077 Olathe Road, Apple Vallely, CA 92307, and 3. Authorize staff to appropriate $372,351.00 from the unappropriated drainage fund balance to cover the total cost of construction and supplemental expenses, and 4. Authorize the Director of Public Works to expend $372,351.00 to cover contract cost of $329,410.00, estimated construction change orders .of $32,941.00 and anticipated supplemental expenses of $10,000.00. ANALYSIS: The total project was estimated at $350,000.00. Bids were received on April 5, 1993, and are listed below in order of increasing dollar amounts: Contractor Bids Bid Amount 1. Seven C's Construction $229,340.00 (Corrected from $229,430.00) 2. Southern California Underground 329,410.00 (Corrected from $346,200.00) 3. B. R. Day Construction, Inc. 329,870.00 i Request for City Council Action Item April 19, 1993 Page 2 4. Gerdes Construction, Inc. 336,071.00 5. Excel Paving Company 363,449.00 6. J & B Kovac Engineering '368,280.00 (Corrected from $368,480.00) 7. Steve Casada Construction 391,076.00 (Corrected from $407,076.00) 8. Malden Buntich Construction 394,207.00 9. T L Pavlich Construction 401,620.00 10. Greg J. Buchanan, Inc. 410,820.00 11. Colich & Sons (JV) 423,234.00 (Corrected from $423,214.00) 12. Vicco Construction, Inc. 423,654.00 The Seven C's bid was low due to their error in reading the plans and specifications. The error is of such a significant amount that it would cause them great financial loss, and could result in their inability to complete the project. Seven C's Construction has requested withdrawal of their bid. Staff recommends the rejection of their bid and awarding of the contract to the second lowest bidder, Southern California Underground Contractors, Inc. Following is a summary of requested expenditure authorization: Contract Amount $32%410.00 * Anticipated Change Order 32,941.00 ** Supplemental expenses 10,000.00 Total $372,351.00 NOTES: * Standard 10% administrative Change Order limit per City Council Resolution Number 4896. Examples of possible change orders include changes in field conditions, unavailable materials, weather delays, errors in the plans or changed City requirements. ** Soil testing, reprographics, etc. Funds for this project were appropriated in the 1991/92 fiscal year but were not carried over to the 1992/93 fiscal year. Therefore, the Director of Public Works is requesting that $262,274.00 be reappropriated from the unappropriated drainage funds. FUNDING SOURCE: Funds are available in the unappropriated drainage fund balance (account number G-SM-00-000-3-01-01) Request for City Council Action Item April 19, 1993 Page 3 ALTERNATIVE ACTION: Reject all bids and direct staff to re-advertise or abandon the project. ATTACHMENTS: FIS Letter from Seven C's Construction LFS:REE:SEK:sk 797RCA.02A t �'FICATE OF INSURANCE OS 14 93 movUCER THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS HARRIS INSURANCE SERVICES MO RIRNTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOC$ NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 57'.�W S. VALLEY VIEW BLVD. .. .................... ------_...__ ..........................----- LAS VEGASF NV1 89118 COMPANIES AFFORDING COVERAGE PHokiE702-597--5110 ..... ........................................... ............... ..... ..... ........----------- ............ •INSURED• -COMPANY LETTER A RESUREF INC. .............. . •---... ... ............------•---.................. Southern California Under- 'COMPANY LETTER•8 USpi. G round Contractors, Inc. ........................ ---.......................... .................. ... . 4077 Olathe Road COMPANY LETTEa C 93 310 Valley$ CA •........................ ......•--•--...............------------- ....... COMPANY LETTER D .............. ..........................•-•------_................... COMPANY LETTER-B. COVERAGES •oaaaaa•■raa maaaaamaanamoamoa soon=os aaaa=a=a soaa aaaaaaaaa aaaaaaa aaaaaaaaaa====a moaaagaa a 2a7aa THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS. EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ......................................................................:.......................................................... CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP ALL LIMITS IN THOUSANDS - LTR DATE DATE .. ................................ ............................ .............. .................................GENERAL LIABILITY GENERAL AGGREGATE 2000 ..................•.. ........... A (X) COMMERCIAL GEN LIABILITY DOL 173183 03/01/93 03/01/94 PRODS-COMP/OPS AGO. 2000 ..................... ........... I ) I ) CLAIMS MADE IN OCC. PERS. & ADVG. INJURY 2000 K) OWNER'S & CONTRACTORS EACH OCCURRENCE 2000. PROTECTIVE ..................... ........... FIRE DAMAGE ( ) (ANY ONE FIRE) ( ) MEDICAL EXPENSE (ANY ONE PERSON) ... ................................ ............................ .............. ..................... ........... AUTOMOBILE LIAB CSL 1000 ..................... ........... B K1 ANY AUTO ICP300081243-01 03/01/93 03/01/94 BODILY INJURY I ) ALL OWNED AUTOS (PER PERSON) ( ) SCHEDULED AUTOS ..................... -"'------- K) HIRED AUTOS BODILY INJURY K) NON-OWNED AUTOS (PER ACCIDENT) C ) GARAGE LIABILITY ( ) PROPERTY ..... ............ ......- -- ............................... -EXCESS LIABILITY EACH OCc AGGREGATE ( ) UMBRELLA FORM I j ( ) OTHER THAN UMBRELLA FORM --- -------------------------------- ---------------------------- -------------- ----••-------- ................................. STATUTORY WORKERS M COMP EACH ACC AND DISEASE-POLICY LIMIT EMPLOYERS, LIAS DISEASE-EACH EMPLOYEE --- ------------------------------ ------- OTHER --------------------------------------------------------------------------------------------------------------------------------- DESCRIPTION Of OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS GRAHAX STREET STORM DRAINI CC 7897 CERTIFICATE HOLDER NAMED ADDITIONAL INSURED CERTIFICATE HOLDER z............................... CANCELLATION ae�acac��oceaa�aaaaaaaaaaaaaa�aaa�eneee=evea=eeveee=ocacaaasa = SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- CITY OF HUNTINGTON BEACH = PIRATION DATE THEREOF, THE ISSUING COMPANY WILL 0t"V X&MA1L 30 STEVE KRIEGER = DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, *W 2000 MAIN STREET = 5tj0pExTAklkI*h"*RV WxV*k)ihkP*wxw)M)156kb@►kftIdiCw.k1ftkF HUNTINGTON SEACH� CA - "XxOrR1a901cft �oJt?c"; MT�xOR�sa a4RIK/C4t11ER,u 1 09448 ............................... ..... • AUTHORI2ED R PRE6ENTATIVE CORD 25-8 3 88 a Harris r7� ;fin m,✓ -.,yam 3'. TOd 1408h:8 266T 17T 'AleW 'ON 3NOHd S L - y S SNI SI681dH woo_ Insured: SOUTHERN CALIFORNIA UNDERGROUND Policy Number: DOL 173183 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) Tfiis_endorsement modifies insurance provided under the following Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH 1. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, - but only with respect to liability arising out of "your work" for that insured by or for you. 2. With respect to 1 above the following additional provisions apply: 4. Other Insurance. The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other insurance available to the insured unless the other insur- ance is provided by a contractor. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insur- ance of all insurer's. Copyright, Insurance Services office, Inc. 1984 GL/CG 2010 (06 88) AP?'ROVFD AS TO FOP.i:4: GAIL HUTTON, City Attorney By:. De uty City Att rrey 1-v-03 STATE P.O.BOX 807,SAN FRANCISCO,CA 9411.11-W7 '� COMA■N3ATION If4NUOAOWCa FUND CERTIFICATts OF WORKERS'COMPENSATION INSURANCE MARCH 16i 1993 PnI ir•Y WUMB1rt•1292027 — 93 CisITIPICATi iXP1RR+: r CITY OF HUNTINGTON BEACH SUILDING VIVSIONo IRD FLOOR-ATTN: GLORIA SITSWAY _. 2000-MAIN STREET NVATINOTOM N&ACM CA 92649 � This is to Certify that we have iswed a valid Workers'ComNeruatiuri bnurarwa puliey In a form approved by the California _ Inwranee Commissioner to the amplovtn n•rned below for the Policy Period indicated, This policy is nut wGioct to aincelletion by the Fund except watifn days'Bann tw►in•n notice to the erstployr. We,will alio pre you N days'advarrOb rwtid�r should Uri>,swlw y lnr cAncelled pia to its now"kel expiration. This certificate of huurw"is nut Orr Irtsutarrp WIivv and does not amend.extend or alter tna Coverage afforded by the Policies listed haroin. Notwithstanding any reouirement, term, or Condition of any rnntrart or other document with respect to which this certificate of Inuaance may ate Itiurrd or may prtain, the inturanee Worded by the policies deurlbed hr•In it subj•et to all the terms,aw:Arsions and condotrons of such policies. PR�rrX;:WT ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 03/01/93 It ATTACNED TO AND FORMS A PART OF THIS POLICY. NAME Of ADDITIONAL INSURED: CITY OF.HUNTIUSTON BEACH ENDORSEMENT #206S ENTITLED CERTIFICATE HOLDERS• NOTICE EFFECTIVE 03/011193 IS -ATTAC490 TO AND FORMS A PART OF THIS POLICY. SPECIMEN ENOORSEI1ENTt 50015'AND 02065 ATTACNFD. APPROVED AS TO FORD; GAIL HUTTON, City Attorney EY: Deputy- City Attorney EMPLOYER r SOUTHERN CALIFOINIA GkIDERS&OUND CONTRACTORS• INC. 14077 OLATHE ROAD APPLE VALLEY CA 92307 L Scrr,uio]1rtEv.laced OLD ROZA i Insureds SO CAL UNDERGROUND Policy NumberI;L 153971 Commercial General Liability THIS ENDORBRMENT CHANGED THE POLICY. PLRABE READ IT QAREPULLY. ADDITIONAL INSURED - OWNERS, - LESSEES OR CONTRACTORS _ (FORM B) Thia ondoraomont modifioa insurance provided under the following Commeroial General Liability Coverage Part SCHSDULB Name of Person or organization: CITY OP HUNTINGINTON BECAH 2000 MAIN ST., P.O. BOX 190 HUNTING= BEACH, CA i. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. 2. With respect to 1 above the following additional provisions apply: 4. other Insurance. The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other insurance available to the insured unless the other insur- ance is provided by a contractor. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shaves, we will follow this method also. Under this approach, each insurer contributes oqual amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by shares, we will contribute by limits. Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insur- ance of all insurer's. Copyright, Insurance Services office, Inc. 1984 APPROVED AS TO FOR14: GAIL HUTTON,� City Attorney By:! D, uty Pity grney CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC. FOR THE CONSTRUCTION OF THE GRAHAM STREET STORM DRAIN (CC 797) THIS AGREEMENT is made and entered into on this 24th day of May , 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, INC. , a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the construction of the Graham Street Storm Drain (CC 797) from Heil Avenue to Meadowlark Drive; Meadowlark Drive Between Graham Street and Birdie Lane; Birdie Lane between Meadowlark Drive and Venturi Drive; Venturi Drive between Birdie Lane and Ace Lane; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, 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 264 :AJFk 1 progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2. ACCEPTANCE OF CONDITIONS OF 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 264 :AJFk 2 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 1988 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 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 264 :AJFk 3 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 of Three Hundred Twenty Nine Thousand Four Hundred Ten Dollars ($329,410) , as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 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 sixty (60) consecutive working days, including pipe delivery, from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 264 :AJFk 4 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 Section 4 herein. 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 shall submit immediately to the DPW a written cost proposal reflecting the 264 :AJFk 5 effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished. under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following 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 and to warrant such performance for a period of one (1) year after CITY' S acceptance thereof, and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 264 :AJFk 6 workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 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 in Section 4 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 Five Hundred Dollars ($500) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar 264 :AJFk 7 days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise 264 :AJFk 8 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 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; 264 :AJFk 9 (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 . f.acts 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 264 :AJFk 10 progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 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 264 :AJFk 11 securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 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. 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 264 :AJFk 12 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 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 such 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, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, 264 :AJFk 13 products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain. said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One.Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1,000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not 264 :AJFk 14 be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance.. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 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 264 :AJFk 15 Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials 264 :AJFk 16 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. 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. § 1324a regarding employment verification. 28. 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. 29 . 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. 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 264 :AJFk 17 services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter §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. ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. ERN CALIFORNIA CITY OF HUNTINGTON BEACH NDE GROUND CONTRACTORS, INC. a municipal corporation of the State of California • e B Geo g F ost, P sident Mayor B_v George Abernathy, Secret ATTEST: APPROVED AS TO FO 1 City Clerk 113 City AttcVrnLgy R ~$D AN O ED: I �ITIATEDrAN7�ROffED: City A ini.strator Direct r of Public Works 264 :AJFk 18 Office (619)946-0126 Kathy M. Plant Fax (619) 946-4624 �r`d I Southern California UndeTround Contractors Inc. I CONT.LIC. "A°611356 14077 OLATHE RD.,APPLE VALLEY, CA 92307 SECTION C PROPOSAL for the GRAHAM STREET STORM DRAIN from HEIL AVENUE TO MEADOWLARK DRIVE AND MEADOWLARK DRIVE BETWEEN GRAHAM STREET AND BIRDIE LANE AND BIRDIE LANE BETWEEN MEADOLARK DRIVE AND VENTURI DRIVE AND VENTURI DRIVE BETWEEN BIRIDE LANE AND ACE LANE CASH CONTRACT No. 797 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the.City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, including pipe delivery, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set- forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY C-1 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. 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 (3dWer^s6prrin 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: A nda No Date Received Binder's Signature C-2 PROJECT BID SCHEDULE Item Estimated .` Icem with unic.;prke Unit Price Extended No Quantity written in words 'Amount 1. 1,687 Construct 42" RCP D-load per profile) per L.F. Detail on Sheet 7 `f 9 @ Dollars $ `V $ Cents Per Lineal Foot 2. 526 Construct 36" RCP (D-load per profile) per L.F. Detail on Sheet 7 of 9 gig yo Dollars $ $ �`3 Cents Per Lineal Foot 3. 349 Construct 24" RCP (D-load per profile) per L.F. Detail on Sheet 7 off_J @ Dollars $ `Q $ `l3a Centy Per Lineal Foot 4. 1 Constpot j.S. er etail on Sheet 3 of 9 L.S. @ Dollars �_ � •�' $ $ Cents Per Lump Sum 5. 1 Cons ct J.S. T "A" per Std. on Sheet 8 Each of 9 Dollars $G $ 2U7n Cents Per Each 6. 4 Construct J.S. Type " " per St . on sheet 8 Each of 9 @ Dollars $ �62 $ /0 Cents Per Each C-IS =Item Estunated Item.with unit:pace Unit Price Extended No. Quantity written in words Amount 7. 2 Construct 4' C.B. and L.D. per Std. on Each sheets 8 and 9 of d details on sheets 6 and 7 f 9 $ 2& @ / Dollars Cents Per Each 8. 2 Construct T .B. and L . per Std. on Each sheets 8 9 of 9 3Wdetails on sheets 6 and ? @ EZ Dollars Cents Per Each 9. 3 Construct 10' C.B. and L.D. per Std. on Each sheets 8 d Zof9 d details on sheets 6 and ? Dollars'4 nts Per Each 10. 1 Constr 14' C.B. and L.D. per Std. on Each sheet 8 d 9 of 9 d details on sheets 6 V and of ZAV Dollars Cents Per Each 11. 1 Construe 1' C.B. and L.D. per Std. on . Each sheets and de n sheets 6 and Y7 �!/' $ @ D liars Cents Per Each C-2s Item Estimated Item with unh price Unit Price Extended No Quantity wcItten in words Amount 12. 1 Remove Interfering Sections of Existing L.S. Ellip. RCP, Fill With Sand Slurry and Constru t Brick Bulkhead at End of Pip and Ins'ree�a=67Bsin Dollars Cents Per Lump Sum 13. 1 Bracing of Excavation or Equivalent Method L.S. if rfor Prote io of Workers p Section 6707 of Calni bor Co $ ollars VC— -r is Per Lump SumC 14. 1 Contro Traffic p ecifications and City L.S. Trail' En 'neer qu' ements Dollars $ $ Cents Per Lump Sum 15. 1 Mobilization and Demobilization of L.S. Contra or's Equipment d Materials for a Maxi um of of th of Price Dollars Cents Per Lump Sum 16. 1 Construct J.S. Type "B" shout Manhole) Each per d. o heet 8 f Dollars Cents Per Lump Sum 17. 1 Cons Act J.S. TypLB'"' Match Existing Each 0" Ellip. ' Dollars $ ZS� $ 25ft Cents c Per Each C-3s Item Estimated Teem with unit:price Unit Price Extended No. Quantity. written.in words Amount 18. 262 Construct Extra Strength 8"VCP or SDR 35 L.F. . PVC Se er ain and Ap u enanecs per Std. o Sh et 9 of 9 $ -7%4 - $ J�?'G►�� `T / 6 Dollars Cents Per Each 19. 2 Constru Sewer Man le per Std. on Sheet Each Sand o 9 @ Dollars $1� $ l Cents Per Each 20. 1 Construct Sewer Clean-out at End of Each Existing ew r Main p S d. on Sheet 9 of 9 @ Dollars Cents Per Each 21. 1 Remove and Dispose sting 8" Sewer L.S. and Maintain Flow rin Construction @ v""� Dollars $ram $ Cents Per Lump Sum 22. 3 Cons t co crete dl per detail on Each sheet of9 i @ Dollars Cents Per Each 23. 1 Remove d Repla Conc. Cross-Gutter L.S. per D on S et of 9 Dollars Cents Per Lump Sum C-4s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5193 State of t C'1 L f1 oLC� OPTIONAL SECTION ` �'' �` '� S+ �rolo CAPACITY CLAIMED BY SIGNER County of �Q-n � Y-6I,��r ��� I i Though statute does not require the Notary to J fill in the data below, doing so may prove L l invaluable to persons relying on the document. On 5 Ill before me,5 1�-� L'• C 0.Y F-t M I IG ❑ INDIVIDUAL DATE NAM�aA r\` �ITLE OF OFFICER•E.G.,"J E DOE,N ARY PUBLIC" ^ RPORATE FICER I 1 r personally appeared P� NAME F SIGNE TITL PARTNER(S) LIMITED 6ersonally known to me-OR-El proved to me on the basis of satisfactory evidence ❑ ❑ to be the person(s) whose name(s) is/are GENERAL subscribed to the within instrument and ac- ❑ATTORNEY-IN-FACT knowledged to me that he/she/they executed ❑TRUSTEE(S) ♦ the same in his/her/their authorized ❑GUARDIAN/C NSERVATOR OFFICIAL SEAL capacity(ies), and that by his/her/their P. 14 SHELLEY L.CLARK OTHER: Public-California signature(s) on the instrument the person(s), amy NSAN DIEGO COUNTY or the entity upon behalf of which the `�"aSAN CW,,EyA OCL 14,1994 person(s) acted, executed the instrument. ��O r nai) SIGNER IS REPRESENTING: WITNESS my hand and official seal. NAME OF PERSOOR ENTITY( SIG T RE OF NOTARY OPTIONAL SECTIO _ c THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT C� G_ THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT 14 5 Though the data requested here is not required by law, � it could prevent fraudulent reattachment of this form. SIGNERWTHER THAN NAMED ABOVE 01f A ° ©1992 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-71 P NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Ala p�QNr 'n first duly sworn, d poses and says that he or she is of `Scaal. U"�+ the parry 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 y 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. �. u04e rou.�Q tiYac o►��s Name of Bidder KiignaDwE of Bidder /ye77 ola tp- l?cQ. /4,,g016 (A)/ey,fir Address of Bidder Subscribed and sworn to before me this day of , 19 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 GRAHAM STREET STORM DRAIN, (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. S©. C'al u,caLer rowve� Ccw�'r�.ro�S Contractor V - By -- estc.Qe,�// Title Date: 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 No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. SO.Ca j, Ll�vc�e ouat of tractor —� B 1pi^eSi c�e�/% it e Date: 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 Title Date: Note: This form is required for every Dig Alert Ident( tcation 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: SDJke rA/ Cod UncQerGrow d Cav'✓'cxe,To- j(U Baer Name I10-77 0Ic�Re Business Address 19A�1e (>a.11 e v , Cc3,. ta.3o7 �3�0 ��o,K-C)yy" 4612) 9y6-0126 Telephone Number 611356 --A State Contractor's License No. an2 Class Original ate Issue Y'�Y— Expiration Date The work site was inspected by O•I`'►WC -- of our office on MQ1'0-� 31 , 1993 The following are persons, firms, and corporations having a principal interest in this proposal: G(f©rGP Fr-oS?-- Ares K(zj Rcmr- -T C-9 The undersigned arc prepared to satisfy the Council of the City of I luntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. pnpany Name signaruty of Bi6der ��/a,,,,-7 Printed or',Typed Signature yo77 c)/Q A� W. AdUr-ess of Bidder er Telephone Number Subscribed and sworn to before me this day of 19 . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone number-, for three public agencies for which the bidder has performed similar work within the past m,o years:Z Name and Address Name and Telephone No. of Project Manager- ;._.- Contract Amount Type of Work Date omp ete 2. Name and Address Name and Telephone No. of Project Manager. Contract Amount Type of Work Date omp ete 3. Name and Address Name and Telephone No. of Project Manage• r Contract Amount Type of Workate Comprete C-10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5259, Fax (714) 374-1573. ADDENDUM NUMBER ONE For Graham Street Storm Drain; CC-797 1. Specification and Special Provision "Proposal' page C-5s replace with the attached sheet C-5s which includes bid item number 26, "Relocation of Existing Water Lines, 3 each" I acknowledge that I have received Addendum Number One dated April 2, 1993, to the City of Huntington Beach Cash Contract Number 797. ��v z -- 3 Sig ature Title Company Date . Plead sign and date this Addendum and fax a signed copy to: Steve Krieger, Utility Design City of Huntington Beach Public Works Department Please send .the fax prior to bid opening on Monday, April 5, 1993 ✓i'r_-..ac-togs e _ � PROPOSAL FOR• 3���/✓/ . /�' � 'fGrY172l�G' �ir�• ���� _ -n � - .. RtCE►YED CITY CLERK CITY:OF HUNTINGTON BEACH.CALIF. APR 9 9 56 All '93 iJ �..` f•�`F ./"r'SV- 'xFi'Y'pY�'� t�'.ea Nt j,k 11` ft�f'a�•'- "...,6 tf 5_ -t• ttI� '�s r t� �Sr �'�S><. '4�`'�'� °°Y t,su. -rog"T"yi{urn =� � . "x'_ W"I sY�'�, I7 No �t�.` Si161 14 w ,.r''"r 4 9w-, `} y } "�„h "� .� ysr r S'(. '� -s..r•iY.�: I': t _,,A r J,Is t $s r r RECEIVED CITY CLERK W t J 4X'•SY'� � OF q Yyr 1. ,r �'I= CITY AN '93 t o s Y r nY tL r t b � � tt7 L, v t3 t ;... H;. .✓ ,.r ;,1 RECEIVED BY � WCA —a —9 3 Treasurer's Office/Date DATE'. April 5, 1993 - Monday - 10:00 a.m. ENGINEER'S ESTIMATE: $350K PROJECT_ENGINEER: Steve Krieger - JOB TITLE AND CC# Graham Street Storm Drain; CC-797 Bidder's Name Total Bid Amount 1. Ameron 2. Greg J. Buchanan 3. Mladen Buntich 4. C. K. Construction 5. Carney Brothers 6. Steve Casada J4 7 7. Colich and Sons 8. Crane-Ve or Corporation 9. B. R. Da 10. Excel Paving 11. Gerdes Construction 33 12. J. Kovacs 13. Long Beach Iron Works 14. Park Rose Construction 15. Pavlich Construction a 16. R & L Sewers 17. Seven C's Construction in 18. Southern California Underground a Q 19. Vicco Construction I 4 Bond No.... _PID.................. Fidelity and: - Deposit Company HOME OFFICE OF MARYLAND BALTIA1ORE,.MJ). 2120.3 BID BOND .-KNOW ALL MEN BY THESE PRESENTS: . Maden Buntich onstxUction Co. iiq::.That we ............ Construction •............................................................................ 8823 Fenwick St. , .................................................................................................................................................................................................. ....... ......................Sun.land, Ca. 91040 .................. as Principal, (hereinafter called the "Principal"), and the FIDELITY AND..D.I.--I..0--.,.1 T­ -COMPANY.....----.-.....OF MARYLAND, of Baltimore, Maryland, a corporation duly organized under the laws of the State of Maryland,as Surety, (hereinafter called the"Surety"),are held and firmly bound unto........................ThP::..C#y of liuntin�ton..Beach.............................................................................. ............................. .................................................................................................................................................................................................. ..................................................................................................................as Obligee, (hereinafter called the "Obligee"), in the sum of........Ten Percent of Total Amunt Bid------------------Dollars ($7=710§ * .....**--*---.....--............ ........ 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 slubmitied'a* bid for....................................................eStonn.Dra.in............................... ....... .... Cash Contract No. 797 ..........................................................................................................................................................;....................................... .................................................................................................................................................................................................. ..........................................................0........................................................................................................................................ .................................................................................................................................................................................................. NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this...............3.0.th....................................day of................Harch.........................A.D. 19.......... ............ Mlpiden B tich Construction Co.,..In�3r- ..... .......... ............................................................ AQ ........................................................................................... Witness BY: . . . .. President adei�­ .. ... 16 .....7..ifle...Pre.sialent FIDELITY AND DEPOSIT COMPAN6Y rarely MARYLAND ely J! r B ...... . .. ................ Witness C. Michael Henley, Attorney—in—Fact C32Sd-150M. Approved by The American Institute of Architects. A.I.A. Document :No,A-310 February 1970 Ldition. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be 1 11 force and ct on the date hereof, does hereby nominate, constitute and appoint C. Michael Henley of Los les, ornia. . . . . . . ... . . . . . . . . . . . . . . . its e and lawful agent and Attorney-in-Fact,to make,ex a and de r,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . . . � . . . . . . . . . . . . . . . . . . . . 0 n t e execution of such bonds or undertakings ' uance o presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if t been d e cuted and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md: tr own persone.Th i s power of attorney revokes that issued on behalf of C. Micha nley, ed, March 20, 1974 . The said Assistant Secretary does hereb y that act set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Coy , and is force. IN WITNESS WHEREOF,thi 2, resident esistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELI ND DE COMPANY OF MARYLAND, this_ 3rd�----------day of July_._._ , A.D. 19.a FIDELITY EPOSIT COMPANY OF MARYLAND ATTESTi SEAL ........._.................... ....................... By....................... .v.............. Assist t Secretary Vlce•ipreeident STATE OF MARYLAND CITY OF BALTIMORE 1 931 On this 3rd day of July , A.D. 19 89, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding Instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and eubscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the CIty of Baltimore, the day and year first above written. �] 0,0 Notary Pub is Commie n Aires_Jul1-_ICI 990 ' CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 30th day of March , 19 012-0204 _ -Assistant Secretary .y I.'xTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive;Vice-Pmsident, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizanccs, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages— and to affix the seal of the Company Ihcrelo." i 1 r I 1 4 r, Bond No. 0 79 53 22 G'tEr'1T AMRICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we, GREG J. BUCHANAN, 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 (10%) OF THE TOTAL BID IN-------------------- DOLLARS ($ 10% of Bid ), lawful money of the United States of America, for the payment of whicli, 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 Ist day of APRIL 19 93 WHEREAS, the said principal is herewith submitting. a proposal for GRAHAM STREET STORM DRAIN from HEIL AVENUE TO MEADOWLARK DRIVE and MEADOWLARK DRIVE BETWEEN GRAHAM STREET and BIRDIE LANE and BIRDIE LANE BETWEEN MEADOWLARK DRIVE AND VENNrTUUppRI DRIVE and VENTURI DRIVE BETWEEN BIRDDE LANE AND ACE LANE, ' NOW,CTNI- W OK�,7tl a condition. of this obli;;ation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 ) days after receiving notice of' sucli award enter into a contract and give bond for t ►e 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 former; but in no event shall the liability hereunder exceed the penal sum hereof. GREG J. BU BID DATE: APRIL 5, 1993 Principal I GREAT AMERICAN INSURANCE COMPANY OWEN M. BROWN Attornev-in-hart r-11,JAW _ r7ln11 frill'rr117M1 - ' -a `GZW AIVERIGNIN INSURANCE COMPANi( The number of persons authorized by this power of attorney is not more than No.0 13030 ONE POWER OF ATTORNEY KNOW ALL 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 Owen M. Brown Anaheim, CA Unlimited This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 28th day of January . , 1991 Attest GREAT AMERICAN INSURANCE COMPANY r r STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 28th day of January, 1991 ,before me personally appeared WILLIAM J. MANEY, to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the 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. z Ir1t Ui;t II I b!i.1, ��i.i14+iD'f3" t' Ili. , ,1;;t1 "'F it lQ' ;�:1 I'•4t;:,y;�;: i'.a{. ,. ;Cs r;', .. .- ' This Power of Attorney is granted by authority of the following resolutions adopted by,the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute in behalf of the Company, as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES,Assistant Secretary of the Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 1st day of APRIL , 19 93 AMWEST SURETY INSURANCE COMPANY r WOODLAND HILL.S,'CALIFORNIA BOND NO. 004002066 PREMIUM Premium included in bid bond service BID DATE 4/5/93 PUBLIC WORKS BID BOND Know all men by these presents: That we, STEVE CASADA CONSTRUCTION _ (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinatter called Surety), organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA as Surety,are hold and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called Obligee) in the penal sum of Ten percent (10% y of the bid amount, but in no event to exceed Forty Seven Thousand Five Hundred and 00/100 Dollars ($ 47,500.00 for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for —_—__—_-- GRAHAM STREET STORM DRAIN - CASH CONTRACT NO. 797 HUNTINGTON BEACH NOW, THEREFORE, if the contract is awarded to the Principal and the surety has been provided with sufficient proof by Obligee of acceptable financing for the project, and the Principal has, within such time as may be specified, (but in no event later than 60 clays after such award), entered into the contract in writing, and provided a bond with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 5th DAY OF April, 1993. STEVE CASADA CONSTFUCTION — -------- ---- — — --PineipalName INSUq By' signalum ~ cR AMW T SU TY INSURANCE COMPANY JOAN M. WYN Ati ney-ill-Fact /A UN-Arlon ulj2 NOTARY ACKNOWLEDGMENT State of CA County of ORANGE, - On April 5, 1993 before me,-K. _BECKNELL (here insert name) Notary Public, personally appeared JOAN M. WYNN , 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 all 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, H�TIMad}pµ:If��,Dv.o�••1i•1�I+I�,-•ii��. � executed the instrument. WITNESS my hand and official seal. , Signature (Seal) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) PARTNER(S) GUARDIAN/CONSERVATOR NAME OF PERSON(S)OR ENTITY(II-S) CORPORATE �_ _ ® ATTORNEY IN FACT Q OTHER—.----------. AMWEST SURETY OFFICER(S) -__ TRUSTEE(S) INSURANCE COMPANY SUBSCRIBING WITNESS ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST Document Title or Type: BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages: _ Document Date: — HEREIN: Signer(s) other than named above; An UN-AS016(7/91) NOTARY ACKNOWLEDGMENT State of CA County of ORANGE On before me, (here insert name) Notary Public, personally appeared , 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 all that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) CAPACITY CLAIMED BY SIGNER SIGNER REPRESENTING INDIVIDUAL(S) PARTNER(S) GUARDIAN/CONSERVATOR NAME OF PERSON(S)OR ENTITY(IES) 0 CORPORATE________ ATTORNEY IN FACT OTHER— _ OFFICER(S) --- - TRUSTEE(S) ---------------- ----- - SUBSCRIBING WITNESS ATTENTION NOTARY:Although the information requested below Is OPTIONAL,It could prevent fraudulent attachment of this certificate. THIS CERTIFICATE MUST Document Title or Type: BE ATTACHED TO THE DOCUMENT DESCRIBED Number of Pages: _._....... _ Document Date: — --_ HEREIN: Signer(s)other than named above; UN-A9016 (7.191) �.�.a �_ �r .r �..r L_��__d..�sr le±�����+ (ti.�in 1 0�?1LFi®N ®®��IID�I®�®®tf � � 11, ® 119HOR®lin®®�J +t� a 0 0 . NHENNINfE:.49AD�JI1 LQ t-]�._g:l �IIgNNN®NI�J®N��]N�?INN®®N� ���.�'���sl�'±a�l� iE�����I��+�!� 91��-�,r����. �109HRU[.,19 4 N1[r Jf�i [1::e,Ell.-2 ®®®© l®NN[ ®®Cl]©C?IN®®N®®®®[ 00919 MELtVasNNGIr31�]NL70©L'•I©LIN.-7aLJLJft_,i�L;L ta'i�. BOND NUMBER POWER NUMBER ON') :. i oo4002W 0 O 0 _1 8 4 .a_ 2 0 —7 7 E x F C UT L r, 0;N A f r l0 0? `) ' I'RINCIl'AI = ' - - -•- STEVE CASADA CONSTRUCTION rr.Nnt suM ,.. .._...-- ---.---_. _. �._._.._. ._.,........... ...... $47,500.00 >1 .g ------ CITY-:OR HUNTINGTON BEACH ...._ .-_-._.__.. .__ - .._-. . _.._ ..__._....... ,.. i I .._._.__-.__... _-_---..___._..--.-_.____ _.__. _. ----------.---_.-_.-.__..___.__ .._._.._-_-_ ---.-_-----.---- �lTii�f1+ ��y11yy�l1 1N�6 ___...._._.__._.. ............... t'lW��/ ®®}�111}}}t}1I1111VVVI1�,11}�����111i����11U�47]`�!�1��t44>> 1p1p�Q��,ft111111�1HH�1111 �: { 7seal ument is printed on multi-colored security paper with black and red ink,with border in blue ink and bears the raised mwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Aitorney are valid.er of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be i- used in conjunction with any'other power of attorney. No representations or warranties regarding this Power of Attorney may : be made by any person. This.Power of Attorney is governed by the laws of the State of California. Any power of attorney i used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company,a California corporation (the "Company'), does hereby make, constitute and appoint: l JOAN M. WYNN AS AN C1`1PL0Y1_E OF A1.WEST 'SUR1: 1 Y 1NSUI?A11CF CCNPANY ;�. its true and lawful Attorney-in-Fact,with limited power and authority for and on behalf of the Company as surety, I � to execute, deliver and':afftk;the seal of the Company thereto if a seal is required on bonds, undertakings, P" Y Q I-, recognizances or other written obligations in the nature thereof as follows: ]�•® ANNN� Min +: bid Bond s up to', 1 ,00.0 ,000 .00 @MONf� Contract (Per;f.o'rmance K Payment ) , Court Suf:division $-**1 0,)0 000 , albgin a '®ID ® Li cerise P,er: a Bonds up to i. * 1, 000, 000 . 0C ® ® SmaLL t)usitiess :'kdniinistration Guaranteed fords up to $-: *1,2 i0 ,C00, !; ]PiNN MENEM ® )�� �I NN® Lt�1L��iNN[� ® N and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the ®Its .] NN N Company, which are now in full force and effect. IL=SIN NN®N lEa]C�'�IN� ®N N CERTIFICATE ] ®©� N®N ® �1CI©�JIn7 ®®N IN 1, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, CiDnHE1J 'NNN ® PIR)IHI914 on DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked tL'mbffartm furthermore that the resolutions of the Board of Directors set forth on the reverse, and that the relevant �`I ' '�?�I '®HER and ®N OEM HN provisions of the By-Laws of the Company, are now in full force and effect. Signed and settled at HUNTINGTON BEACH this�`Tli _tl;iy t,(_ APRIL 1993_ 'Il:LIi J'J '441 0 0 0 0 1 Karen G. Cohen, Secreta �[.liI—.r_ ". a 11 ■ ® t ,r o :: is I En LIL i[F I SAFECO INSURANCE COMPANY OF AMERICA ^® GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY ME`+O OF AMERICA HOME OFFICE:SAFECO PLAZA SEATTLE,WASHINGTON 98186 BID BOND KNOWALL BYTI/ESEPRESENTS,That we, Colich & Sons of Gatdeha, CA (hereinafter called the Principal), as Principal,and SAFECO INSURANCE COMPANY OF AMERICA(hereinafter called the Surety),as Surety,are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the penal sum of Ten Percent of the amount bid in*** Dollars(S 10% of Bid*** ) for the payment of which the Principal and the Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Graham Street Storm Drain, Cash Contract No. 797 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 Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and seated this 5th day of April 19 93 Colich. & Sons (Seal) QOHN IVr1��H I Witness PRESIDENT tt a INC. SAFECO INSURANCE COMPANY OF AMERICA By / Attorney-in-Fac [-51 nq 1 1i7s PRINTED M U.S.A. POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE:SAFECO PLAZA SEATTLE,WASHINGTON 98185 SAFECO No. 4578 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation,does hereby appoint -------------------STANLEY C. LYNN, Irvine, California----------------------------- its true and lawful attorneys►-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of December 1 g 87 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. . .On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of,the Company may be a facsimile thereof." I, Boh.A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation "• "�r this 5th day of April , 19 93 S-1300 1`45 3'86 - PRIN rF01N II S A • PLANET INSURAI\1-CE COMPANY HEAD OFFICE,SUN PRAIRIE,WISCONSIN POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the PLANET INSURANCE COMPANY,a corporation duly organized under the laws of the State of Wisconsin,does hereby make,constitute and appoint JOHN D. HUNSINGER of GLENDALE, CALIFORNIA -------- its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on Its behalf,and as Its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---- and to bind the PLANET INSURANCE COMPANY thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the PLANET INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that Its said Attorneys)-In-Fact may do In pursuance hereof. This Power of Attorney Is granted under and by authority of Article VII of the By-Laws of PLANET INSURANCE COMPANY which became effective Soptember 21.1981.which provisions are now In Rill force and effect reading as follows: ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President the Chairman of the Board,any Senior Vice President.any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof, and (b)to remove any such Attorney-In-Fact at any time and revoke the power and authority given to him. 2. Attorneys-In-Fact shall have power and authority•subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings, recognizance*,contracts of Indemnity and other writings obligatory in the nature thereof. The corporate seal Is not necessary for the validity of any bonds and undertakings,recognizance*.contracts of Indemnity and other writings obligatory In the nature thereof. 3. Attorneys-In-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances.contracts of Indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney Is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of PLANET INSURANCE COMPANY at a meeting held on the 29th day of March,1982.at which a quorum was present and said Resolution has not been amended or repealed: "Resolved.that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile.and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and cerlified by facsimile signatures and facsimile seal shall be valid and binding upon the Company In the future with respect to any bond or undertaking to which It Is attached" IN WITNESS WHEREOF,the PLANET INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its Corporate Seal to be hereto affixed,this 15th day of February tg 91 PLANET INSURE COMPANY ice President STATE OF Washington COUNTY OF King ((1 �,' 15th February 1891 personal) appeared Law RGe�i"� �� strol On this day of y P�s�st�n y;w�+ ci to me known to be the Vice-President of the PLANET INSURANCE Cf PA and acknowledged that he e e Ond attested /low oing Instrument and affixed the seal of said corporation thereto,and that Arti 1e VII,Sectlo 1,2,end 3 of the By-Laws aid omy/,g1�ttia of tics, ��d d eel forth therein,are still in lull force. / P ;�L�C z�• 1 " My Commission Expires: ,,�.: i May 15 tg 9 4 Notary Public In and for the St,e 1 WdS n -/;�)It Residingal Tacoma �. 1r;'1',� rA'y .y Keith A. Poling Assistant Secretary of the PLANET INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct Copy of a Power of Attorney executed by said PLANET INSURANCE COMPANY,which is still in lull force and effect IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company this 5 t 1 A I l 1 19 93 Assistant Secretary 1/e2 Kei h A. Poling PLANET INSURANCE COMPANY HEAD OFFICE,MADISON,WISCONSIN BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A.DOCUMENT NO.A-310(FEB.1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we B. R. Day Construction, Inc. as Principal, hereinafter called the Principal, and the PLANET INSURANCE COMPANY of Madison, Wisconsin, a corporation duly organized under the laws of the State of Wisconsin, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of ten percent the amount bid in 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 Graham Street Storm Drain NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to °^ execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and sealed this 51h day of April . 19 93 B. R. Day Construction, Inc. (Witness) (Principal) (Seal) (Title) i PLANET INSUR9NCE COMPANY i rney-in-Fact JOHN D H INGER nr'D.9191 71AA CHUBB GROUT' OF INSUHA04UL c.�c.JIVINHrvlcS %e� J , FEDERAL INSURANCE COMPANY Bib BOND Bond No. Amount $ Know All Men By These Presents, That we, Excel Paving Company (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto , City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the bid Dollars 0 ($ 107. ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 29 day of March A. D. nineteen hundred and 93 WHEREAS, the Principal has submitted a bid, dated April 5 , ?9 93 for Graham Street Storm Drain 1 Project No. CC-797 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Excel Paving Company Principal By: C C.P. Brown President FEDERAL INSURANCE COMPANY A By. a-Do 1 as A. Tapp At orney in Fact i P711� O Form 15-02.0002(Rev. 4.90) At-24705(20M) u5n POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE,COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora- tion, has constituted Wind allpointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California---------- eachIts true and lawful Attorney in-Fact to execute under such designation in Its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit: 1. Bonds and Undertakings(other than Ball Bonds)filed in any suit,matter or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United Stales of America or any agency thereof,Including those required or permitted under the laws or regulations relating to Customs or Internal Revenue;License and Permit Bonds or other Indemnity bonds under the laws,ordinances or regulations of any State,City,Town,Village,Board or other body or organization,public or private;bonds to Transportation Companies;Lost Instrument bonds;Lease bonds,Workers'Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public.officials. 3 Bonds on behalf of contractors In connection with bids, proposals or contracts. In WRreM cohered,IN said FEDERAL INSURANCE COMPANY has,pursuant to No Bylaws,caused the"pres rota to be signed by Its Vice President and Assistant Secretary and its Co porsM Mal ; a be tarefo Wood this 30th day a June 1° 92 � 2 FEDERAL INSURANCE COMPANY A By ZZA J �DI.o. O Vice Presldent AssMattt ry STATE OF NEW JERSEY 1 as. County of Somerset )j On ew 3 0 t h day of June 19 9 2 ,before me personally came Richard D O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL egURAf1cE COMPANY,the corporation described In and which executed the foregoing Power of Attorney,and the"Id Richard D.O'Connor being by me duly sworn,did depose and say that he Is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate Mal thereof;that the Mal affixed to the foregoing Power of Attorney Is such corporate Nat and was thereto affixed by authority of the ByLAw of said Company,and did he signed said Power of Attorney es Assistant Secretary of said Company by like authority;and that he Is acquainted with James D.Dixon and knows him to be the Vice President of said Company. and that the signature of said James D.Dixon subscribed to field Power of Attomay Is In the genuine handwriting of Bald James D.Dixon and was thereto subscribed by authority of said Bylaws and In depornent'a preeertoa NoWW Seal C(4�44,0 Acknowledged and S to before me pre thedate written. Y 0 •4L),% �AWCHAK Notary Public Nolary Public, State of Nsq Away I CERTIFICATION No. 2091352 STATE OF NEw JERSEY l 88. Commission Expires Ady 2ge pqr County of Somerset I I.the undersigned.Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby caniy that the following Is a true excerpt from the Bylaws of the said Company as adopted by its Board of Direction on March 2,ION and that this By-Low is in full force and effect. . "ARTICLE XVIII. Section 2.All bonds,undertakings,contracts and other Instruments other than as above for and on behalf of the Company which It is authorized by law or its thane(to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President,Jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any,Ora or more officers or ahorneys•in•fact designated In any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided In such resolution or power of anomey. Section S AN pavers at attorney,for and on behalf of the Company may and shall be executed In the no=and on behalf of IPA Company.either by the Chairman or the Vice Chairman or the Presidents or a Via Pi 1,11 or an I Wotan Via President,Jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,primed or Ilthographed.The signature of each of the following officers:Chairman.Vice Chairman.President.any Via President,arty Assistant Vice President.any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any cerHheae relating thereto appointing Assistant seaetarfa or Amnays-irWad for purposes only of eoecutint;and attesting bonds and undertakings and other wrhbge obOD"In the nature therect,and any,such power of stlorrney or artihcate Waring such facsimile signature or heslmse Mal shop be valid and binding upon the Company end arty such power so executed and andied by such taaimile signature and taalmile seal Mall be valid and binding upon the Company with reaped to any bond or undertaking idwhich it Is attschad:* I further oenly drat said FEDERAL INSURANCE COMPANY is duly licensed to Inroad 8dality,and surety business In each of the States of the United States of America.District of Columbia.Puerto Rica and each of the Provinces of Canada with the exception of Prince Edward Island;and Is also duly licensed to become sole surety on bond,undertakings,etc.,permitted or required by law. 1,the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY,do hereby cMlfy that the foregoing Power of Attorney Is In full force and effect.Given under my hand and the east of said Company at Warren,N.J.,this 29 dy of MAR 4 1B 93 ��., Q� Assistant t.ry w' < DIAN�` PA u form 1510-01 ev.4-90)GENERAL(FORMERLY 21.10-0333) L A. INSURANCE COMPANY OF THE WEST . P O Bo.81063 Sa-,O-rao CA 92138 1111) OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, GERDES CONSTRUCTION, INC.- (hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making,guaranteeing or becoming sole surety upon bonds or undertakings required-or authorized by the laws of the State of California . as Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the just and full sum of *** TEN PERCENT OF THE AMOUNT BID *** Dollars (S 10% OF AMOUNT BID ) lawful money of the United States of America, for the payment of which,well and truly to be made,we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS, the above bounden principal as aforesaid, is about to hand in ibmit to the obligee a bid or proposal dated 4/5/93 for GRAHAM STREET STORM DRAIN cordance with the plans and specifications filed in the office of the obligee and.under the notice inviting proposals therefor. f IN, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the jcipal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as uired by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 29TH jay of MARCH ,19 93 i GERDES CONSTRUCTION, INC. I INSURA CE COMPANY OF THE WEST By D y,! :'/ii�._ �•,wig DALE G. HARSHAW, Attorney-in-Fact W CAL 120 INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West,a Corporation duly organized and existing under the laws of the State of California and having its principal office in the City of San Diego,California, does hereby nominate, constitute and appoint: Dale G. Harshaw its true and lawful Attorneylsl-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the 6th day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company,and either the President or Secretary,the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in- Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal.to be hereunto affixed and these presents to be signed by its duly authorized officers this Thirteenth day of May 19 80 PANY //INURANCE PANY OF THE WEST RPORArfo Z CH 1. �AUFOPN President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this Thirteenth day of May A.D., 19 80 , before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came KARL W. KOCH President, of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposeth and saith,that he is the said officer of the Corporation aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation,and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the City of San Diego,the day and year first above written. OFFICIAL BEAL CAROLYN STONE s NOTARY PUBLIC •CALIFORNIA Principal Office in San Diego County _ — My Cornnlission Exp.April 15,1983 Notary blic VWW%%%%%%%%% d 1d1,1 STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO I, the undersigned, Richard S. King Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, 1 have hereunto subscribed my name as Secretary,and affixed the Corporate Seal of the Corporation, this _29TH day of MARCH 19 93 �LpMPANp y�`�AL�pPpgrrf0�yw t' , yWNCN 1.19�� % 4�r — - - ,C41 Vi lW* ���jjjJJJ INSURANCE COMPANY OF THE WEST P. 0. BOX 85563-SAN DIEGO, CALIFORNIA 92138.5563 J BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, J & B Kovac Engineering, A Joint Venture 9272 Cloudhaven Dr. Huntington Beach, Ca. 92646 (hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety,are held and firmly bound unto the City of Huntington Beach (hereinafter called the obligee) in the just and full sum of Ten Percent of Total Amount Bid------—=-------- ollars (S------10%------------) lawful money of the United States of America, for the payment of which,well and truly to be ode,we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. HE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS, the above bounden principal as aforesaid, is about to hand in id submit to the obligee a bid or proposal dated 4/5/93 for Graham Street Storm Drain . Cash Contract #797 r accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. IOW, THEREFORE, if the bid or proposal .of said principal shall be accepted, and the contract for such work be awarded to the irincipal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as equired by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. N WITNESS WHEREOF,said principal and said Surety have caused these presents to be duly signed and sealed this3lst lay of March 11993 J & B Kovac eering, A Joint Venture BY: C--I COMP E WEST By C c e Hen e , rtorney in Fact Irw C4I tin INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA ' Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: C. MICHAEL HENLEY its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations .in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in- Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by its . duly authorized officers this llth day of July, 1989. INSURANCE COMPANY OF THE WEST �Lp1APAAF), 3�'`M�p11P0ly�Fo l� >E resident STATE OF CALIFORNIA SS: i1FORk COUNTY OF SAN DIEGO On this llth day of july, 1989 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the some, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego the day first above written. `�' `�► J L SEAL JANISE THEODORE ' NOMRY PUBLIC CALIFORNIA � PRINCIPAL OFFICE IN 7-- Notary U 1C �► ! 'j' SAN DiEGO COUNTY M17 y Comm'ss+un E.�. lone/. 1990 STATE OF AYT�F'�k�4' fkl%% COUNTY OF SAN DIEGO I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 3lst day of March 19 93 . tLp1APAAfp e p24�M�ORPOj444 �f� VV Secretary ICW CAL 37(REV. 5/87) _ �4'►CN I.A C�UFOP.N�'/ F�z�, P [Mr�n INSURANCE P.O. Box 85563 San Diego, CA 92138-5563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, T L PAVLICIi 0USIR-1 N, RC. (hereinafter called the principal ) , and EXPLORER' INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIEUZU as Surety, are held and firmly bound unto (hereinafter called the obligee) C1'IY CF RVID= HFPLIi in the just and full sum of TM PEP4= CF THE AD= CF p0aWA r=JBID-- Dollars ($ 10% CP BID-- ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated APRIL 5, 1993 f o ray S= sicy awN in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor . NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required ** •v law, then this obligation to be null and void, otherwise to be and remain in full force id effect. I WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly gned and sealed this day of AFM 2 1993 T L PAVLICH 02MU=, Dr. EXPLORER INSURAN E PA'tY P CAL 1.60 At orney-in-Fact . VtS� 101 40 CamOus Point Drive, San Die 92'21 ' _2C P. 0. Box 65563, San Diego CA 92138- 63 Explorer Insurance Company HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY,a Corporation duly authorized and existing under the laws of the State of APIZONA and having its principal office in the City of San Diego,California,does hereby nominate,constitute ana appoint: PHILIP E. VEGA its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 19a5,which said Resolution has not been amended or rescinded and of which the following is a true,full,and complete copy: 'RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company,and eitherthe President or Secretary,the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her;and be it further RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require,and any such bonds or undertakings executed by any such Attorney-in- Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary.' IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 22nd day of December, 1989. tNSUg4 EXPLORER INSURANCE COMPANY CRNfry� CL J SEAL o .A 'y� a' c STATE OF CALIFORNIA SS COUNTY OF OF SAN DIEGO On this 22nd day Of Dec. , -1596PPe the subscriber,a Notary Public of the State of California,in and for the County of San Diego, duly commissioned and qualified,came Bernard Martin Feldman of EXPLORER INSURANCE COMPANY to me personally known to be the in- dividual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,deposeth and salth,that he is the said officer of the Corporation aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation,and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation. r r r r.r•^ri trf rr-rr INWTNESSWHEREOF,IHave hereunto set my"nd and affixed my Official Seal,at the City of San Diego,the day and year first above writte(. *"} J.41 ._.�`., `' 'S IT: r,,. r .- r I STATE`OF'-CAGFOFWIA- - --`- - - `-`-' Notary Public COUNTY OF SAN DIEGO SS: 1,the undersigned,James W.Austin,III,of the EXPLORER INSURANCE COMPANY,do hereby certify that the original POWER OF ATTOR- NEY,of which the foregoing is a full,true and correct copy,is in full force and effect,and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary,and affixed the Corporate Seal of the Corporation.this 2� day of APM 19 93 EXPLORER INSURANCE COMPANY �nsUq 0 SEAL �/ / Secretary �yl t.ad EXP CAL 37 BID BOND NO. 9264440 American Bonding Company BID BOND (Public Works) KNOW ALL MEN BY THESE PRESENTS, that we SEVEN C'S CONSTRUCTION, INC. hereinafter called Principal, and AMERICAN BONDING COMPANY hereinafter call Surety, are held and firmly bound unto CITY OF HUNTING ON BEACH hereinafter called Obligee in the full penal sum of TEN percent ( 10 %) of the .bid amount, but in no event not to, exceed TWENTY FIVE THOUSAND AND NO/1001S Dollars ($ 25,000.00 ) for the payment of which Principal and Surety bind themselves, theirs heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for GRAHAM STREET ST0144 DRAIN CASH CONTRACT 797 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 bond or bonds which may be specified in the bidding or contract documents within such time as may be specified (But in no event later than 60 days after such award) , with good and sufficient surety for the faithful performance of such contract and for the prompt payment for labor and materials furnished in the prosecution thereof, or in the event the Principal to enter such contract and five such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. IGNED AND SEALED THIS 30TH day of MARCH 1993 SEVEN CIS CONSTRUCTION, INC. Principal Ssehl J s! BY: JJ Tit C BON G�"C ANY A. RUIZ, IN FACT Seal a 0) Form 146 AMERICAN BONDING COMPANY 9264440 GENERAL POWER OF ATTORNEY Know all men by these Presents, That AMERICAN BONDING COMPANY has made,constituted and appointed,and by these presents does make,constitute and appoint JOHN A. RUIZ OF RIVERSIDE, CALIFORNIA its true and lawful attorney-in-fact,for it and in its name, place,and stead to execute on behalf of the said Company,as surety, bonds,undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the suin of TWO MILLION FIVE HUNDRED THOUSAND ($2,500,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 15th day of November, 1991. "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each or any of them is,authorized to execute Powers of Attorney qualifying the attorney-In-fact named in the given Power of Attorney to execute in behafl of the Company,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed loony such Power of Attorney or to any certificate relating thereto by lacsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and In the future with respect to any bond,undertaking or contract of suretyship to which It is attached." In Witness Whereof,AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 3rd Day of December, 1992. Alle t: AMERICAN BOND G COMPANY 9- - STATE.OFeomD j By William R.McKenzie.,Assistant Vice President t James ,V' a President ARIZONA COUNTY OF PIMA On this3rd day of December , 1992 , before me personally came James M. Boylan,to me known,who being by me duly sworn, did depose and say that he is a Vice President of AMERICAN BONDING COMPANY,the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. OFFICIAL SEAL d° CHRISTIE TURLEY NOTARY PUBLIC CHRISTIE Ih �► NOTARY PUBLIC My Commission Expires My Commission Expires March 10,1995 March 10, 1995 CERTI I, the undersigned,an Assistant Secretary of AMERICAN BONDING COMPANY,an Arizona corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the city of Tucson, in the Slate of Arizona. Datod the 30th day.of MarCh 19 93 S�Ajp Florence E.Robert,Assistant Secretary 1 1930 r • �2 INDEMNITY COMPANY of CALIFORNIA BID BOND BOND NO. 75030-93 KNOW ALL MEN BY THESE PRESENTS, Thatwe, SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS, TN( _ as Principal,and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in the State of California,as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (Hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF BID ATTACHED************************* Dollars, ($ 10% 1 for the payment whereof in lawful money of the United States,we bind otirselVPS, our heirs,administrators,executors,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the said PRINCIPAL has submitted the accompanying bid for GRAHAM STREET STORM DRAIN INVITATION/SOLICITATION NO. CC797 NOW, THEREFORE, if the said contract be timely awarded to the Principal and the Principal shall, within SUCH time as may be specified,enter into the contract in writing,and give bond,with surety acceptable to the Obligee for the faithful per- formance of the said contract,then this obligation shall be void;otherwise to remain in full force and effect. p� Signed and Sealed this 2ND day of APRIL 19 93 SOUTHERN CALIFORNIA UNDERGROUND CO TRACTOR' S, INC. INDEMNITY COMPANY of CALIFORNIA Principal REN L . EDWARDS Attorney_'r1T ct - � 4 ICC 307 REV.9/06 POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA' AND DEVELOPERS INSURANCE COMPANY N 2 144578 t , P.O.BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall In any event terminate on the 31st day of March,1996. 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 inl:and this notice is in red inl;. 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 r/:cords. 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 ***JAMES A. HARRIS, KAREN L. ED'WARDS, JAMES R. BULLOCK, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)In any single undertaking;giving and granting unto said Attorneys)-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(to.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. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby Is,authorized to execute Powers of Attorney, qualifying the attorney(s)named In the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby Is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be 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 respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By Vh J,/ I JA.,-Va, P. if JAP., By-CA Darfle F.Vincentl,Jr. Dan F.Vlncenti,Jr. President �o4opPogAo�� President �P o:rtsu,'ryn pf Oq i OCT.S, WAR 2T, ATTEST d Iset n ATTEST ; 187e s D By � �, fi. By Walter Crowell .. +, ; Walter Crowell Secretary Secretary. STATE OF CALIFORNIA) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided 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/hor/their authorized capacity(les),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 instrnm+:nt. WITNESS my hand and official seal. �a t OFFICIAL SEAL Signature 4VJ_C_ TIRESA TAAFUA +�^ NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp.Aug.. 4,1995 NN�N�N CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed In the City of Irvine,California,this 7 Nn_day of A U�-L ,199--3_. INDEMNITY COMPANY OF CALIFORNIA OAP VAN),o DEVELOPERS INSURANCE COMPANY a rtsugq y /� GCT.S. fQ r /1 ice/ ?WAR.2T. o B \ L 'i fJl I } Y } 71 By C L��" W t L.C.Fiebl er I t4 4 I r , i' W �, 1s81 , a L.C.Fieblger �, n IeTe Senior Vice Presidents ,r i I + ;1�1¢1�� ro+���� i o + `� , PP Senior Vice President FCa+ Ir) min nF+/ 4/)n A - Continental Insurances. BID BOND KNOW ALL hIL•N BY THESE PRESI-NTS: That, ......................................... VICCO CONSTRUCTIONi INC. ............................................... ................... . . . . ............................. ......................... ........................................................................................................................................................................................ of LA VERNE State of...... CALIFORNIA ......................._................-.............................................. , hereinafter called the Principal, and.........THE CONTINENTAL..INSURANCE. ..COMPANY. ............................................. ..... ........ .......... .... .......... hereinafter called the Surety, are held and firmly bound unto..............................................................:........................... THE CITY OF HUNTINGTON BEACH ......................................... ......... ............................................................................. .... ...... .... ...................................................................................................................................................................... of ....................HUNTINGTON BEACH , State of .....CALIFORNIA .......................................................................... .............................. hereinafter called the Obligee, in the sum of................................................................................................................. .......... AMOUNTBID............. .,..,-,,.•poilars;.. for the payment whereof to the Obligee.......... the Principal bindS....I.T.S......................................heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns,. firmly by these presents. Signed, sealed and dated this ........1ST day of.............APRIL................... , 19 .9.3.... Whereas the Principal is herewith submitting the accompanying bid dated ........APRIL....5.,.....199.....3 . ................. for.............GRAHAM..STREET..STO.RM..DRAIN...(CONTRACT..NO....7.9.7.)........................................................................ Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties,as may be required, for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference in money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and material, if the latter amount be in excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof. In Witness Whereof, this instrument has been executed by the duly authorized representatives of the Prin- cipal and the Surety. VICCO CONSTRUCTIONt._TNC. ..... (Seal) . . . . . . . . . . ................... Principal By: (.. .... �_i-................... THE CONTINENTAL INSURANCE,;CQNVANX ,, Surety (2 By: y. ... ............................... D. J. PICA , Attorney v The Continental Insurance Company GENERAL POWER OF ATTORNEY . Know all men by these Presents,ThatTHE CONTINENTAL INSURANCE COMPANY has made,constituted and appointed,and by these presents does make,constitute and appoint D. J. Picard, Anaheim, California its true and lawful attorney: for it and in its name,.place,and stead to execute on behalf of the said Company,as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract o(suretyship executed under this authority shall exceed in amount the sum of Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 13th day of January,1989: `RESOLVED.that the Chairman of the Board.the Vice Chairman of the Board.the President.an Executive Vice President or a Senior Vice President or a Vice President of the Compan..be.and that each or anv of them is.authorized to execute Powers of Anornev cluahiving the anorney named in the given Power of Anornev to execute in behalf of the Company. bonds.undertakings and all contracts of surewship:and that an Assistant Vice President,a Secretary or an Assistant Secretary be.and that each or any of them hereby is.authorized io arrest the execut,on of am such Power of Anornea.and to attach thereto the seat of the Company. FUR7 HE R RESOU4 D.that the signatures of such officers and the seal of the Company may be affixed to anv such Pmver of Anomey or to any cenif rcale relating thereto be facsimile. and an%such Po+ver of Anornes or cen iircate bearing such iacsimile signatures or facsimile seal shall be valid and binding upon the Companv when so an ued and m the future with respect to am bond.undertaking or contract of suretyship to which it is anached.•' In Witness Whereof,THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this lotl-,dav of March '1989 111(st,t THE C014TINENTAL INSURANCE COMPANY AtlesC bj` yy ,,. By DI Bania.Assistant V,ce President ��.� �,� 30. Emil B.Askew.Vice President STATE OF CONNECTICUT COUNT)'OF HARTFORD On this 10th day of March 19 89beiore me personally came Emil B. Askew, to me known, who being by me duly sworn, did depose and say that he is a Vice President ofTHE CONTINENTAL INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he si ned his name thereto by like order. / o:. �> NorAgy.Zs Gloria D. Seekins Notary Public My Commission Expires March 31, 1993 CERTIFICATE I. the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. 1Nst,s Signed and sealed at the town of Farmington,in the State of Co cut. 1ST day of A_RIL .1993 •N ae , Z /00 �J Dennis I arse.Assistant Vice President RECEIVED CITY CLERK s�tiDtiYED CITY 7F <CITY CLERA HUNTINGTON r".ie'NCH.CALIF. CITY OF APR 10 a� '93 HUsimcTON .1 Ai t+.C.A'IF. AeR i �6a WV TO 01 S add d1�1:� ii3v.�: w�1DN1111QN 06� Wq z° �c :Clip Va3's .tli:l '311C"�`HJ'r'3"N0.1CNI1Nt1H �C 111C 03h1333H yL�3'3.I.11J 03A13338 i NOTICE INVITING BIDS CC-797 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 10:00 a.m. on Monday, April 5, 1993, at which time they will be opened publicly and read aloud in the Council Chambers for the Graham Street Storm Drain in the City of Huntington Beach. A set of specifications with a set of reduced construction plans and other contract documents may be obtained on Monday, March 22, 1993 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon the receipt of a non-refundable fee of $20.00 if picked up or $2500 if mailed. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington 3each and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified, as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 16th of February, 1993. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 3399g/12 �_16 CREATE NEW FILE 1 � blial/7 MEETING DATE: 32 characters grid: - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - AGENDA ITEM: COMMENTS: AFTER FILE FOLDER IS COMPLETED, RETURN THIS FORM TO RECORDS MANAGER FOR INDEXING. REQUEST FOR CITY COUNCIL ACTION Date: Feb. 16, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administr / Prepared by: 'Louis F. Sandoval, Director of Public Works � Oi� D BY CITY COUNCIL Subject: GRAHAM STREET STORM DRAIN; CC-7 crrx -� Consistent with Council Policy? [X] Yes ---------------------------------------------------------------------------------------------------------------------------------- ------- Statement of Issue, Recommended action, Analysis, Funding Source, Alternative action, Attachments:- ,/� ---------------------------------------------------------------------------------------------------------------------- -------------I- -------- STATEMENT OF ISSUE: Plans and specifications for the construction of the Graham Street Storm Drain System; CC-797 are complete. The Public Works Department requests City Council authorization to solicit for construction bids. RECOMMENDED ACTION: 1. Approve plans and specifications for the Graham Street Storm Drain and direct the City Clerk to advertise for bids. 2. Approve the attached sample contract subject to award of contract to the lowest :responsible bidder. ANALYSIS: The project will consist of approximately 2,827 lineal feet of reinforced concrete.pipe (RCP), ranging in size from 18" to 42" diameter and installation of seven catch basins. This system was proposed by the 1979 L.D. King Master Plan of Drainage and confirmed by a hydrology study prepared by staff. The plans and specifications have been completed and approved by the Department of Public Works. and are. on: file in that department. Ci3�t13�3L+ � t � Request for City Council Action Item February 16, 1993 Page 2 FUNDING SOURCE: Funds are available in the unappropriated drainage account. Engineer's Estimate: $350,000.00 ALTERNATIVE ACTION: No project, thus causing continual flooding in the area. ATTACHMENTS: Location Map Sample City Funded Construction Contract LFS:REE:SEK:sk 797RCA.01 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF THE GRAHAM STREET STORM DRAIN (CC 797) THIS AGREEMENT is made and entered into on this day of 1993, 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 construction of the Graham Street Storm Drain (CC 797) from Heil. Avenue to Meadowlark Drive; Meadowlark Drive Between. Graham Street and Birdie Lane; Birdie Lane between Meadowlark Drive and Venturi Drive; Venturi Drive between Birdie Lane and Ace Lane; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1. STATEMENT OF WORK; ACCEPTANCE OF RISK. CONTRACTOR shall furnish, at its own expense, all labor, 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 264 : 1/93 :AJFk 1 S A M P L E progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including_, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance .with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid- is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CONDITIONS. OF 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 264 : 1/93 :AJFk 2 S A M P L E 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 1988 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments .thereto, written and promulgated by. the Southern -California chapter of the American Public Works .Association and the Southern California District Associated General Contractors of .the California Joint Cooperative Committee; 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 264 : 1/93 :AJFk 3 S A M P L E 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 of ($ ) , as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 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 Seventy Five .(75) consecutive calendar days, including pre-delivery, from the . - day the "Notice to Proceed" is issued by Department of Public. Works, excluding delays provided for in Section 11 herein. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . 264 : 1/93 :AJFk 4 S A M P L E 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 Section 4 herein. 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 shall submit immediately to the DPW a written cost proposal reflecting the 264 : 1/93 :AJFk .5 S A M P L E effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the, contract price will be adjusted upward or downward accordingly. 7 . NOTICE TO PROCEED No work, services, material, or equipment sha•11 be performed or furnished under this Agreement unless and until a Notice' to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due .to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BOND CONTRACTOR shall, prior to entering upon the perform- . ance of this Agreement, furnish the following 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 and- to warrant such performance for a period of one ( 1) year after CITY' S -acceptance thereof, and . one in the amount of fifty percent (5A) 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 264 : 1/93 :AJFk 6 S A M P L E , workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall .be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, . and all business licenses, if any, in connection with the PROJECT. 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 in Section 4 herein, damage will be sustained by CITY; .and that it is, and would be, impractic.al 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 264 : 1/93 :AJFk 7 S AM P L E days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR,_ including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period -.of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay ' and CITY shall extend the time for completing the work if, in its judgment, . the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise 264 : 1/93 :AJFk 8 S A M P L E 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. Mb 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 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; 264 : 1/93 :AJFk 9 S A M P L 'E (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 OUANTITIES 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 264 : 1/93 :AJFk 10 S . A M P L E progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined- from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such -sum as will bring- the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, - shall be made thirty-five (35). days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 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 264 : 1/93 :AJFk 11 SA M P L E securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 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, a-11 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. 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 a-ll 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 264 : 1/93 :AJFk 12 S 'A M P L E CITY. CONTRACTOR will conduct all defense at, its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 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 such 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, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, 264 : 1/93 :AJFk, 13 ..S A M P 1 E products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations,. subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY. as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during - the life of this Agreement, in an amount of- not less than One Million Dollars ($1, 000, 0H) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. .21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not 264 : 1/93 :AJFk 14 S A M P L E be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder.. 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 . 264 : 1/93 :AJFk 15 S A M P L E Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of- the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY -and- the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY- official nor any. regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation -of California Government Code Sections 1090 et seq. .26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its . reasonable administrative and attorney' s•_ fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document . Said obligation shall be provided for in the labor and materials 264 : 1/93 :AJFk try S A M P L E 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 unreimburs_ed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 27. 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. § 1324a regarding employment verification. 28 . 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. 29 . 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 . 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 264 : 1/93 :AJFk -17 S A M P L E services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter §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. ENTIRETY The foregoing represents the entire Agreement between the .parties . IN -WITNESS WHEREOF, the parties hereto have caused this Agreement- to be executed by and through their authorized officers the day, month and year first above written-. CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By Mayor Its By Its ATTEST: APPROVED AS TO FORM: City Clerk City Attorney VIEWED AND APPROVED: I LITIATED PP VED: City ministrator Dire for of Public Works 264 : 1%93 :AJFk 18 S A M P L E Q K Ln It 0 0. C. F. C. D. C-4 EDINGER AVE. EDINDER AVE. NOT TO SCALE nCASTLE R. OlQFTWNn DR. c U 4 V CLARK 0. C. F. C. D. CO-7 PROJECT LOCATION N R An 0 V' Q [) U - U = u Z U L D. Q Ln � J C n I: H IL z N C � H. Ln U)a OLD VEACOW LARK AIRPORT MEADOW LARK GOLF COURSE C-5 O' WARNER AVE. WARNER AVE. DUNBAR LA 4 O� z Q = Ci U Q .. N N J C y R O m '--` ❑ r 0 i W Q Q C II if LEGEND U — STORM DRAN GRAHAM STREET STORM DRAIN CC — 797 LOCATION MAP v ,l h r STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; i am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a ,Pusuc:NOTKE- of Hununytori-Beach and-is- cleric of the HUNTINGTON BEACH =•NOTICE OF 'made m accordance with principal -INVITING BIDS the;provisions of the;pro;. INDEPENDENT a newspaper of general s CC79T �posalrequirem-ms Each bidder must be li- Notice is,Hereby given tensed hand also prequah- ,� t,t s that sealed bids will be re dreulation, printed and published in the City OI ceived by the City of-Hun +fed as required,py law. The',City Council of'the Huntington Beach, County of Orange, State of Ungton+Beach.at,the office City,,,of Huntington 13eactr 9 I of,the City°-Clerk at=City reserves the4nghC{o reject California and that attached Notice is a true and Hall 2000 Mam Street j any or all bids. Huntington Beach Califor By`order�of the Crty Coun= nia until the'hour of i 0 00 cil ofjt Crty of Huntington complete copy as was printed and published in am Monday April'S 1993; at which" time they t8each Cali-1993 the'_t62h of February 1993 the Huntington Beach and Fountain Valley wi„beopened'public,yand j read.. in,the.Council ' 109r�e `Brockway, issues of said newspaper to wit the issue(s) of: ,Chambers for the Graham! City,Clerk of the"City' Stre- .Storm; Dram>in=,the Huntington Beach, Ciry of Huntington-teach­ 20100 xMa n Street A set of specifications (71'4)536=5431 with-a set.of reduced:-con published Huntington struction plans and-other] Beach Fountain Valley?In- contract documents--may - be :obtained,;:on-Monday dependent March 25.ApHly March=:22, 1993; at the De- , 1 1993 partment of.Public Works 2000 Main Street, =Hun, tington -Beach, California;! March 25 , 1993 upon the receipt of anon-i refundable fee of $20.00-it picked up'.or- $25 00'ifs April 1, 1993 mailed: Each;bid.shall be made. on the Propo"sal Form;and� in'the`;manne_r provided in the...contract••,;documents, and-shall be,accompanied by a-'certified'or cashierls check or a"tiid'bonH for not less than 10°/ of, the_ amount'-ofAlle;"bid;-,ntaae- payable to the City of Hun-: tington Beach:`:The Con, tractor shall in the..per-� formance of,the workandl improvements.,conform'..`to the-Cabo?'- Code..of the: State of California arid: I declare, under penalty of perjury, that the other laws ot-the State of Callf oYnla- applicable, foregoing is true and correct thereto, with the exception only of psuch"yariat,ons that may;be required underthe. special statutes?.pursuancto Executed on April 1 199� whicFi;proc eedings hereun r der •are=taken rand'which` have;not been-,superseded` at Costa s California a by: the provisions of the: Labor Code.€'Preference to labor`shall'be given only in the lira i&-�wdb& by I aw. = - Wo bid shall be consid- Signature ered unhessrrt mad is e°oma form fnmish d-bye-the-City- PROOF OF PUBLICATION BID OPENING FOR THE GRAHAM STREET STORM DRAIN CC-797 BIDS OPEN MAY 5, 1993 1. Southern California Underground Contractors $329,410.00 2. B.R. Day Construction 329,870.00 3. Gerdes Construction 336,071.00 4. Excel Paving Company 363,449.00 5. J & B Kovac Engineering 368,280.00 6. Steve Casada Construction 391,076.00 7: Malden Buntich Construction 394,207.00 8. TL Pavlich Construction 401,620.00 9. Greg J. Buchanan, Inc. 410,820.00 10. Colich & Sons (JV) 423,234.00 11. Vicco Construction 423,654.00 12. Seven C's Construction $228,840.00 (REQUESTED TO HAVE BID WITHDRAWN) SEVEN-C'S CONST, P 0 2 SEVEN CS CONSTRUCTION license # 627919 34101 VloW LM*M St, • Dana Point • 92629 Bus. (714)493-4774 Fox(714) 406-3403 April 6 , 1993 City of Hunington Beach Attn : St:p_vA Krieger- Re : Bid for Graham Street Storm Drain Dear Sir: Concering the Graham St Storm Drain project , -I have discovered that . there was a mistake made on the backfil.l poi:Licari of my bid. we did not figure in the (1 ) sack- slurry back fill which is an approx a $70 , 000. mistake. There is no way we can absorb this amount . I am truly sorry for the inconvenience, and I hope you can see your way clear- to relcase us of any obligation Cur Lliis project . I hope to bid with you again , everyone I have talked to at the City seemed upfront and fair people. Thank you for your time and understanding. z Kelly Z Cornish Seven Cle Construction , Inc Bid 4 /5/93