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HomeMy WebLinkAboutAll American Asphalt - 1996-06-17CONFORMED COPY. compered W11h Offilcor- WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92643 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder I'lI' 1I�:.11:1: i1l�'1f 11'I'. ]III [ ]'�'[I' No Fee 19990215738 09:22am 03/24/99 005 14022747 14 23 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF C031PLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore a%varded by the City Council of the City of Huntington Beach, California to All American Asphalt who was the company thereon for doing the follouing work to -«•it: Resurfacing Of Various Local Streets -- AISC-397 n t: eta C, 'Kist said work teas completed February I6, I999 by said company according to plans and spcdfications �----�-- and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday, February 16, 1999. That upon said contract Safeco Insurnace Company Of America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this I Ith day orAiarch,1999• City Clerk and ex-officio Cl.- 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-ofiicio Clerk orthe 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 C0.WLETION 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 I Ith day of March,1999J 1 i City Clerk and ex-oTicio Clerk of the City Council of the City + of Huntington Beach, California ' ' ` W 7l `, S &ERknSjXY 1),OW NO&F— - Pu) CITY OF HUNTINGTON BEACH Cht15 69AY— P a/ MEETING DATE: September 8,1998 DEPARTMENT ID NUMBER: PW98-36 Council/Agency Meeting Held: cif N/ YK D rred/Continued to: ADDroved ❑ Conditionally ADDroved ODenie E. Rl- boo, qo s Signature I Council Meeting Datle-"" " fepTemKer 8, 1998 I Department 1D Number: PW98-36 I CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL t%, SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR OW co M-qm"; �o • PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK C') � v SUBJECT: APPROVE ADDITIONAL STREET OVERLAYS - MSC 397 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysts, Environmental Status, Statement of Issue: Funds of $126,747.72 are availiable for the overlay of ten addition streets as part of the current residential street overlay contract - MSC 397. Funding Source: The 1997f98 approved budget includes sufficient revenues for this work in account number E-AA-PW 510-3-90-00. Recommended Action: Motion to approve an addition of $126,747.72 in change order funds to the All American Asphalt contract of August 17,1998. Alternative Action(s): Do not accept the recommendation and postpone the overlay of the ten streets detailed on the attachment for a year. 98RCA36.D0C -2- 08/26198 8:30 AM REQUEST FOR ACTION MEETING DATE: September 8,1998 DEPARTMENT ID NUMBER: PW98-36 Analysis: On August 17, 1998, Council awarded a contract to All American Asphalt for the resurfacing of thirty residential streets. Since that time sufficient funds have become availiable to allow for the inclusion of ten additional streets. This can be accomplished by integrating the additional funds into the existing contract (MSC 397) as a change order. The ten streets, totaling 269,676 square feet of surface, are named on the attached listing. Environmental Status: NIA Attachment(s): RCA Author. Robert F. Beardsley/Donald R. Noble 98RCA36.130C -3- 08/26/98 8:30 AM ATTACHMENT 1 Attachment No, 4 Additional Residential Street Overlay List for Inclusion on MSC 397 PROPOSED OVERLAY: O No _ . District: Street- From`--. rTo; FWFi 9CosF= 1 456 Iona Erskine Netherway 7,920 3,722.40 2 456 Erskine Iona Bushard 30,960 14,651.20 3 443 Dublin Seaport Mallo 16,920 7,952.40 4 443 Mallory Londonderry Dublin 27,000 12,690.00 51 456 Glencalm Friarscourt Scotstoun 35,784 16,818.48 6 443 Northport N. New Britain End 33,660 15,820.20 7 453 Catamaran Snowbird Kingfisher 35,460 16,666.20 8 453 Reilly Farnsworth Sandpiper 39,960 18,781.20 9 443 Cape Newbury Cape Cottage End 24,084 11,319.48 101 475 Rambler Starfire Bushard 17,928 8,426.16 Totals.` 269,676 126,747.72 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE ADDITIONAL STREET OVERLAYS - MSC 397 COUNCIL MEETING DATE: September 8, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial 17 Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORW.MRED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) (41R } City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Page 8 - Council/Agency Agenda — 09108/98 (8) award of contract to lowest responsivelresponsible bidder. Submitted by the Public Works Director and the Economic Development Director [Approved 4-0-3 (Garofalo, Sullivan —Out of room; Green Absent)] E-12. (City CouncilLAccept The Improvements & Approve Notice Of Completion For Slurry Seal Of Various Local Streets — MSC-396 -- Pavement Coatina Cornbanv (600.90) - Motion to accept the improvements for the slurry seating of various local streets completed by Pavement Coating Company for a final contract cost of $261,486.20 and authorize the City Clerk to file the Notice of Completion. Submitted by the Public Works Director [Approved 4-0-3 (Garofalo, Sullivan —Out of room; Green Absent)] E-13. (City Council) Approve Additional Street_Overlays -(Ten Streets)— MSC-397 — Approve Additional Chanqe Order Funds To All American Asphalt Contract (600.90) - Motion to approve an addition of $126,747.72 in change order funds to the All American Asphalt contract of August 17, 1998 for the overlay of ten additional streets as part of the current residential street overlay contract-MSC-397 with Ail American Asphalt. Submitted by the Public Works Director (Additional street overlay list attached) [Approved 4-0-3 (Garofalo, Sullivan ---Out of room; Green --Absent)] E-14. (City Council) Approve The Selection Of Gradient Engineers Inc. And The Design Build Contract For The Under round Storage Tank Removal And Replacement At The Water Operations Yard; CC-1058 (600.80) —1. Approve and authorize the Mayor and City Clerk to execute the attached design/build contract with Gradient Engineers, Incorporated, for a fee of $226,132 to provide design/build construction services for the Water Division's Underground Storage Tank Removal and Replacement Project; and 2. Authorize the Public Works Director to expend a total of $275,000 which includes the above contract amount of $116,132, estimated construction contingencies of $23,000 and supplemental expenditures of $25,868. Submitted by the Public Works Director [Approved 4-0-3 (Garofalo, Sullivan --Out of room; Green --Absent)] E45. (City Council) Request To Authorize H13TV-3 To Televise As A Public Service A Citv Council And Citv Attornev Candidates' Forum, Sponsored By The Leaque Of Women Voters Of Orange (160.10) —As a public service, authorize HBN-3 to proceed with scheduling the live telecast from the Huntington Beach City Council Chambers of the League of Women Voters of Orange Coast sponsored City Council and City Attorney Candidates' Forum. Further, authorize HBN-3 to playback the forum in accordance with the attached playback schedule. (Attachment No. 2) Submitted by the Deputy City Administrator -Public Information Office [Approved 4-0-3 (Garofalo, Sullivan --Out of room; Green Absent)] (8) �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK UTTER OF T'RANSNUTTAL OF ITEM APPROVED BY THE CITY COUItiCIU REDEVFLOPNTEN-r AGENCY OF TIIE CITY OF HUNT N'GTON BEACH DATE: TO: All r» ri r, s -4/ ATTENTION':. 2�,q-� Ji ' U -2.2�2 `I DEPARTIN Eh'T: ��'C .t c_.�_ l�.-z-t = street REGARDP G: �—��. -L� •,.•�-��-.�r t City, state. Zip See Attached Action Agenda Item L i2 Date of Approval q Y Y Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: I . . 2e_,O�— 1-11"T Connie Brockway City Clerk ✓l1.1"A .tt-Nam.1 Attachments: Action Agenda Page _.k/_ Agreement Bonds Insurance RCA Deed Other CC: e �l? Department RCA Apeement Insurance Other G L� � Pam" ✓ . V/- .. ►-- . 1214re D�rtment RCA Aymment Insurance Other Name Dcpartment RCA Ageement Insurpnce Other Name Department RCA Aar"Ment Insurance Other Risk Alsnarment Dept. Insurance Received by Name - Company Name - Date GTollowuplcoveritr Mlephonr 714-536-52271 I have received Maintenance Bond No. 582 50 74 —A (in three parts), Safeco Insurance Company of America for All American Asphalt. Re: MSG397 -- Resurfacing Of Various Local Streets Dated: < -2,7_ 15 3a� ct� e� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of K 1 V ciZ5 t T)r_ ss. On 3 23 , before me, . )EA)Vts!S �J0 .OorARY ktiL; -0, D +e Name end Tide of On-cer (a y , 'J&r* Doe. Navy Pad+c") personally appeared K-0 $ DENNIS JONES Commisslon 0 12XM4 Wary Pudtic . Cal;fomta Riverside County A+ty Ccrm�, empires Od3Q,?.CC1 Place Notxy Seal Above 2 personally known to me -er+de�►se to be the person() whose nameW ism subscribed to the within instrument and acknowledged to me that hels� executed the same in his/W/tber"r authorized capacity(j4, and that by hisjbeflfl;wrr signature(s) on the instrument the person(4, or the entity upon behalf of which the person(,a'j acted, executed the instrument. WITNESS my hand and official seal. Sgne mum PUN C OPTIONAL. Though The Information below is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document M.S, Title or Type of Document: � G � dM? t4NZ7 rfON��4Cf 3Z 6% Document Date:.Number of Pages: OWE P SignerW Other Than Named Above: hV Irll) l v1 • W N CapacityUeS) C11rued by Signer Signer's Name: KQ csx ❑ Individual ' • Top of VnunD here R Corporate Officer --Title($): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. I Signer is Representing: ,ALL Am6wjAA.,,_j As PY, % ,i 01997 NauxW Notary A"ociauon • 9950 Da Soto Ave., PO. Sox 2402 • Chatsworth. CA MM-2402 Prod. No. 6907 Reorder. Cal Toq-Free 14MSMU27 M.... tV 3AFEW WARRAI�ITY/ MAINTENANCE BOND 3U INSuRANtE COMPANY OF AWRICA CE)WEeAL MSURAr'NCE CQVPAW OF AMERICA FIRST NATIONAL I%5VQ&NC1 C"AW OF A)AAtCA HO►AE OFf1C1: iart;CO PLAZA, IEATTLf. WASHINOTON IMI$$ EXECUTED IN THREE (3) PARTS KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT Bond No. 582 50 74 —A u rtMclpa , an , a eorporattvn arpnized under t ws of t e tata of Washington and duly authorized to do buwineos In the Stale of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH ar Obligee, In the penal sum of FIFTY SEVEN THOUSAND, ONE HUNDRED ELEVEN AND 97/100ths DOLLARS (S 57,111.97 )� to which payment weli and tru y to ma a we dobind ourselves. our and each OF our ears, executors, ministrators, successors and assigns jointly and severalty, firmly by these precentc. WHEREAS, the said Principal entered into a Contract Wilk The CITY OF H=INGTON BEACH ALL-PURPOSE ACKNOWLEDCoFA t NT State of...CALIFORNIA County of ORANGE dated AUGUST 1, 1998 On 3-19-99 before me, MBARA J. BENDER, NOTARY PUBLIC PHIS N.W$. TITLE OF OFF)CEA • E.LL'w+F DOi. AATARY PUBLIC personally appeared OWEN M. BRONIr' NAY 1 1 V MEN($) I �$ personally known to me to be the persan(� whose name(} iSr�r subscribed to the within Instrument and cknowledged to me that he/iksomt, • executed the same In his/tknult#txt* • (OW ARBARA J. BENDER aulhorized capaClty(k}, and that by hOMM. 0t097138 y sl� signature(l) on the Instrument h07MY PUBLIC-tALIFORNIAy 1e personM, or the entityupon behalfof ORA.'�GE: COUNTY .. t;1+ut EXP. 4UL 13.2000 r •: the personF&) acted, executed the mstrurhent. .% NO $170 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER($) � 3) PARTNER($) 0 LIMITED p GENERAL ATTORNEY4N•FACT p TRUSTEF43) ❑ GUARDlAii1CONSERYATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF MA"ll OR LnTtT irm .JAE$Sr4 XTlSU IME COMPANY' OF AMRICA ATTENTION NOTARY. AN" tM 1nloenapon raQues44 Wow Is OPTIONAL, II oouid ptevom kardukml atsac"nl o1 tNa cetv?.ata to an WwQQ+orttsd dowMent. THIS CERTIFICATE Title or Type of Document WARRANTY/MAINTEMANCE BOND NO.5825074—A MUST BE ATTACHED Number of Pages 1 Date of Document 3-19-99 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named above ALL AMERICAN ASPHALT ssm �. 011M NATIONAL NOTARY ASSOCIATION . 8238 Rommel Ave.. P.O. Bog ytel , Canapa Park, CA 9130i- r SAfEGO INSURANCE CCA+r►HY OF AMERrCA GENERAL, INSURANCE CCVFANY OF ►MERICA FIRST NATIONAL INSURANCE COAAFANY OF AAgRIC, sm LW(ID HOME OFFICE: SAlEro PLAZA RATTLE. WA$NINOrON ea1SS EXECUTED IN THREE (3) PARTS 'WARRANTY/ MAINTENANCE BOND KNOW ALL BY THESE PRESENTS, That we, ALL A' ERICAN ASPHALT Bond No. 582 50 74 —A ja rinclpa , and , a Corporation organrz und4r tbelaws of t tate of Washington and duly authorized to do business In the Stste of CALIFORNIA r as Surety, are held and lirmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the penal sum of FIFTY SEVEN THOUSAND, — ONE HUNDRED ELEVEN AND 97/100ths DOLLARS (S 57,111.97 )r to which payment well an tru y to made we o bind ourselves, our and sac oU our heirs, executors, a4miniotrators, successors and assigns jointly and severally, firmly by these precentr. WHEREAS, the said Principal entered into a Contract with the CITY OF HUNTINGTON BEACH dated AUGUST 1, 1998 for pppLICATION OF ONE AND ONE—HALF INCH OVERLAY, INCLUDING COLD PLANING, LAYING OF PETRUMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS (M.S.C.#382 S, M.S.C. #397) WHEREAS, said Contract has been completed, and was approved on 30th day of NOVEMBER 19 g8 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of sny detective rnaterists or workmanship which become apparent daring the prriod of ONE (1) year(s) following completion of the Contract then this obligation shall be void, otherwise to remern InTull orce and a feet, provided however, any additional warranty or guarantee whether expressed or implied is extended by the principal or Manufacturer only, and the Surety sssumes no liability for 6veh a guarantee. Signed, aesfed and dated this 19th day of MARCH .19 99 Cl'F7 ALL AMERICAN ASPHALT (Seal) BY: �� (Seel) (Seal) SAFECO INSU OF AMERICA By - 66 M. BR „'N Attorney -in- act © R•Qrnaao trecarne•X of SArEGO ecrpaetior-. FRINT10 II) U.S.A. ki POWER 0 of ATTORNEY SAFEM� KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COLVANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON osis$ That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint 188552006M*rssRrrrNIVOWEN M. BROWN, Anaheim. CalifOrnla"■������e���rrrrrasaa��aa�s�a�rr�rrrNr■ its true and lawful attorney(S)-in•fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other docunents Of a Scttilar 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 instrLrnents 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 4 t h CERTIFICATE day of , January 19 93 . Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FCEUtY 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. shag each have authority to appoint individuars as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and Other docu'nents of sirnilar 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 sear, or a facsimile thereof. may be Impressed or affixed or in any other manner reproduced: provided. however. that the seal shalt 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 J1dy 28. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. G) The provisions of Article V. Section 13 of the BY -Laws. and Oil A Copy Of the power -of -attorney appointment, executed pursuant thereto. and Gil) 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 seat of the Company may be a facsimile thereof. L R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregdng 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, 1 have hereunto set my hand and affixed the facsimile seal of said corporation this 19th day of MARCH , 19 99 . S-130WE➢ V93 0 Registered trademark of SAFECO CorporetiM N& CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1 V 6 R 51 D(5 ss. e ''mot On 3 f 23191 , before me, NIUis ONES , 0- ARY PlJ3t.i d, Date Nana and Tete of Oft-cer le g ,'Jane Doe, Notary Public) personally appeared DENNIS JONES Commission 11 1200094 Notary PubliC - Cali' amia IUVCr=ido County QWCWME,;*m0cf3D.= Place Naary Seal Above K personally known to me -e+ri>�cn,re� to be the person(Zwhose name() ism subscribed to the within instrument and acknowledged to me that hel>Mel"y executed the same in his/petltj�er authorized capacity(jtas), and that by hislWri�ir signature4 on the instrument the person(4, or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. A: n: n: �- Q� " _ -- 6-gnatumY Notary Pud-C "~ OPTIONAL Though the information below is not required by law, 8 may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document !!rr Title or Type of Document: AiwraN_ �1J� 0,0_DjJ11�V&4e=I#_ 3252 fin Document Dale: 2- Number of Pages: —CYI5 P 4E Signer(K Other Than blamed Above: 01V4W i . RRQ WAZ Capacity&5) Claimed by Signer Signer's Name: _ RD scml-_ 0) p Individual � /, Top of rhurr+b mere R Corporate Officer — Title(s): _ _ t ae r_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association - 9350 De Soto Ave., PO. Box 2402 - Chatsworth, CA 91313.2402 Prod. No.'5907 AeoMer. Can Too -Free 1400-11 027 1 SAFECO 1NZuRANCL CC►4PANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA firr�J� FIRST NATIONAL DMUNCE COWANY OF A%4RICA � � ® HOME ATFI[�WaSO 1INPLAZA TCH 185 EXECUTED IN THREE (3) PARTS WARRANTY/ MAINTENANOE BOND KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT Bond No. 582 50 74 -A as Principal. end , a Corporal:on orXvwz uncWr the laws of t e tat• of Washington srd duly authorized to do businew In the State of CALIFORNIA ar &rely, are held and firmly bound ant* CITY OF HUNTINGTON BEACH as Obligee, to tine penal aura of FIFTY SEVEN THOUSAND, ONE HUNDRED ELEVEN AND 97/100thS DOLLARS (S 57,111.97 f� to which payment well and tru)y to be made we do In cum res, our and eac o our errs, executors, administrators, successors and assigns jointly and severally, firmly by the" presents, WHEREAS, the Bald Principvl entered into a Contract with the CITY OF H=IIQGTON BEACH dated AST 1, 1998 . . .tip-. • � • '` ���- P....Mti �Yl 7\M\M • 1 ALL-PURPOSE ACKNOWLEDCUAE` 7 1 •� 31 •--�s CALIFORNIAState t,f_ CAPACRY CLAIMED BY SIGiZE County of ORANGE ❑ INDIVIDUAL 3-19-99 before me, BARBARA J. BENDER,. NOTARY PUBLIC On CAM —• KWE. TITLE OF OFF CfR. E.0, WE 0M. NOMAY PU9LX7 � personally appeared OWER M. BR0WNftA I N t I 1 personalty known to me 10 be the perSOn(� Wtase name( isles subscrlbed to the wlthln Instrument and cknowledged to me that helms executed the same In his/kodkek BARSMRA J. BENDER authorized capacity( , and that by h OUT CO;b1M. #1097138 IsJ j(signature(l) on the Instrument 9jKUTARY FVBLIC-CAUFGRituythhe person(Dgl or the entityupon behalfof ORANGE COUNTY r . CCIM taw. JUL.13. zoos =inrh'Iyh ie person) acted, executed the Instrument. eal. ❑ CORPORATE OFFICER(s) ❑ PARTNER(S) ❑ UUTTED ❑ GENERAL ATTORNEYaN•FACT ❑ TRUSTEE($) ❑ GUARDEAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: wWE OF POVICIM41 on fNT1 1163l "PKCQ INSURANCH COMPAI ATTENTION NOTARY. AlftW%tfie twlow to OPTIONAL. It could Prevent k861d7Jl9M18.M@WNM1 Of tN1 oert1Aa41 b an unalls,ortted dQWInent. THIS CERTIFICATE Title or Type of Document WARRANTY/MAINTENANCE BOND NO.5825074 A MUST BE ATTACHED Number of Pages 1 Dale of Document 3-19-99 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above' AMERICAN ASPHALT 01092 NATIO "L NOTARY ASSOCIAMN. a?70 RemirotAve.. P.O. Box 7164 • Canops Park. CA 01300 SWO 1143URANQ COMPANY OF A► AICA CENERAL JNSURAKCE COMPANY CF AmExICA FIRST NATIONAL IN3UQANCI COWNANY OF AMERICA �AFEfiO� HOME OFFICI: SAPE:o PLAZA SeArrtt. WAPONOTON eats EXECUTED IN THREE (3) PARTS WARRANTY/ MAINTENANOE BOND KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT Bond No. 582 50 74 A is ru�Cipa , and SUM15 URNCE CO.WANY OF AMERICA. a corporation organtz un r Ire Gwo of the late of Washington and duly authorized to do business In the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, In the penal sum of FIFTY SEVEN THOUSAND, ONE M=RED ELEVEN AND 97/100ths DOLIARS (3 57,111.97 >. to which payment Welland truly to made we o in oursa ves, our and sac of our heirs, executors, adminatrators, successors and agigns jointly and Severally, firmly by the" ptnent,s. WHEREAS, the said Frincipet entered into a Contract with the CITY OF HUNTINGTON BEACH dated AUGUST 1, 1998 for APPLICATION OF ONE AND ONE—HALF INCH OVERLAY, INCLUDING COLD PLANING, LAYING OF PEIROMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS (M.S.C.#382 S M.S.C. #397) WHEREAS, said Contract has been completed, and was approved on 30th day of NOVEMBER 19 98 _ NOW, THEREFORE, THE CONDITION OF THIS OBLfGATIOV IS SUCH, That if the Principal shall guarantee that the work will be free of any detective rnmeriais or workmanship which become apparent during the period of ONE (1) year(s) following completion of the Contract then this obligation shall be raid, otherwise to remain in fuJJ force an a fect, provided however, any additional warranty or guarantee whether expresW or implied is extended by the Principal or Manufacturer only, and the Surety essurnes no liability for such a guarantee. t Signed, seelod and doted this 19th day of MARCH .19 99 ALL AMERICAN ASPHALT (Seal) QY (S.al) SAFECO 1NSU OF AMERICA By r1E1S M. BRO yN Attorney -in- act Q Ripfste►ad t►edarnark of SAPECO Cotpwat;on, 14.vty i/a0 PR(NT10 IN V.E.A. U POWER OF ATTORNEY SAFECO KNOW ALL BY THESE PRESENTS: No. U SAXECO INSURANCE COMPANY OF AMERICA MOIUE OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON e1185 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint saaaaaaaaasaaaaasaaaaOWFN M. BROWN, Anaheim. Callforn)aaeaaraaaereeweseeseeeareeiriissssasese• its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and Suety bonds or undertakings and other documents of s 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 of Tice. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 4 t h day, of January - -- _.1993 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: *Article V. Section 13. - FCELITY AND SUaETY 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. shad 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 downents of s_niIar 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 ccmpwV. the seat. or a facsirile thereof, may be impressed or affixed or in any other manner reproduced: provided however. that the Seat shall not be necessary 10 the validity of any such instrument or undertaking. - Extract frcrn a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted .!illy 28. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Cemnpany setting out. 6) The provisions of Article V. Section 13 of the Ely -Laws, and GO A copy of the power -of -attorney appointment. executed pursuant thereto. and OQ Certifying that Said power -of -attorney appointment Is in full force and effect. the signature of the certifying officer may be by facskYle. and the Seal of the CcnVary may be a facsimile thereof. L R. A. Pierson, 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 facsmile seal of said corporation this 19th nay of MARCH 1s 99 - 5.1300rEP U23 Ge Registered trademark of SAFECO CorporaliorL V Q) ;'21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California • R County of i �� �S 1 _ ss. _ On 3 0-3 , before me, �r✓NMi-:5 TOPCF5, 1W rARy Ria11L, DO& name and Tide of 01how p j , -.lane Doe. Wdary Pubtn-) personally appeared - Rimr—gT- -BRApusY_ - NameVa of Sgrw A 0 DEi 3 JONEQ CorrlrKelon if 12MM4 Notary public - Colifornic � R�iversidee�County 1/+ y Place Notary Seat Ab" l: personally known to me ev+der�ct to be the person(} whose name(,:y) islwt subscribed to the within instrument and acknowledged to me that he epdy executed the same in his/ ilaeir authorized capacity0e1), and that by hisl>erl�ir signature($) on the instrument the person(dj, or the entity upon: behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official seal. S"Idre or Notary PuC ,c . . OPTIONAL though the information below is not required by law, d may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this forma to another document. Description of Attached D current M.S.G. Title or Type of Document:ZAA f Ii AJAN_Gr VI) &4VAI Document Date: 3T 1 �1 Lqq Number of Pages: _apg p116r , Signer(s) Other Than Named Above: 0&L6A1_M . - P_QV _ - _ _ Capacity(jet) Claimed by Signer Signer's Name: - YQ11P.T_ L5 RAp I.GY ❑ Individual IR Corporate Officer -- Title C �E 5 ,J to¢ of thumb We ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other.' Signer isRepresenting: AEL AM G_A2 eA" A51NA1.7'' 0 1997 Natio" NotaryAssoaDW • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313.2402 Prod. No. 3907 Reorder. Call ToIFFree 1$00-87&M27 SAFECO IN"ANCL CCMPANY OF Ah4*ICA GENERAL INSURANCL COMPANY Of AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFF4F. sArECO PLAZA MATTLL. WASHINGTON 14195 EXECUTED IN THREE (3) PARTS 'WARRANTY/ Bond No. 582 50 74 —A FAATNTENANCE BOND KNOW ALL BY THESE PRESENTS, 'nit we, ALL AIERICAN ASPHALT aI ri>ZC)w + an COAMNY OF AKfERICA, a Corporation orpnized undirthe Lawoo t e late of Washington end duly authorized to do bumnea In the Ste to of CALIFORNIA to Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH q Obligee, In the penal gum of FIFTY SEVEN THOUSAND, ONE MMRED ELEVEN AND 97/100thS DOLLARS to which ptiymant we 1 and truly to be made we do bind ourselYes, our succ"sors and assigns jointly and severally, firmly by thees preconts. WHEREAS, the sold Principel entered into a Contract with the (s 57,111.97 ), and each of our heirs, executors, min;trators, CITY OF HUNTINGTON BEACH dared AUGUST 1, 1998 • . •»+r ••w++�+ IY1T T\ T]T x 1.TTLLI� ALL-PURPOSE ACKNOWLEDGMENT Nast7s CALIFORNIAState CAPACITY CLAIMED BY SIGNER Counly of ORANCE INDIVIDUAL On 3-19-99 before me, BABBARA J. BENDER NOTARY PUBLIC GATT NAME. TITLE OF OFFC4A • E.Q. N ME OOE. NOTARY PUBLIC' personalty appeared OWXN M. BROWN xAwl) Cks1, personally known to me to be the person(05 whose name(3) is/M subscribed to the within Instrument and cknowledged to me that he/xkz tlmq executed the same In hlslbrzXJ:bMir BARBARA J. BENDER., authorized Capacity(pd*}, and that by hOUT Comm. #1097138 �VsJ jf sIgnalure(s) on the Instrument X01AAT PUBLIC-CALIFORXIAOt e persanORANGE COUNTY (tq, or the entity upon behalfof .. CCIUL EXR ivL 13. 2000 .. w�the person(t;) acted, executed the i tru ern. 1-1 i"AYUAC& NOTARY ❑ CORPORATE OFFICER($) [] PARTNER(S) E] 11MITED ❑ GENERAL IM ATTORNEY4N•FACT ❑ TRusrEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: ft" of NOP-"M OR VMrrJ*J? .$AFBCO INSMNCS COMPANY,' COMPANY,' OY AiMiLICA ATTENTION NOTARY: Alfouph to InIannsoon requested tNow IR OPTIONAL,11 Could p twj Ir"ulenl attaC"Al of INS Cen1RCa:A 0 An WUuCtortted doWrnsnt. THIS CERTIFICATE Title or Type of Document WARRANTY/MAINTENANCE BOND NO.5825074—A MUST BE ATTACHED Number of Pages 1 Date of Document 3-19-99 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above ALL XMERICAN ASPHALT C 1992 NATIONAL NOTARY ASSOCtATION • $236 Rommel Are., P.O. Box 7104 0 Canoga Park, CA 91304. SAFUNSURANCC CCIw►ANY OF AMERICA CENERAL INSURANCe COMPANY Of AMERICA FIRST NATIONAL II43URANCI COMPANY OF AMERICA HOME OFFICe: 3AIFIC0 PLAZA NATTLe. w•SNINpTON 141R5 EXECUTED IN THREE (3) PARTS WARRANTY/ Bond No. 582 50 74 —A MAINTENANCE BOND KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT as Principal, an , a rorporallon organi —undor the laws of t e Stats of Wsshington and duly authorized to do business In the State of CALIFORNIA at Surety, ere held and firmly bound onto CITY OF HUNTINGTON BEACH as Obligee, to the penal suit of FIFTY SEVEN THOUSAND, ONE HUNDRED ELEVEN AND 97/100ths DOLLARS (S 57,111.97 ), to which payment well and truly to made we do bind ourse ves, our and vacE of our heirg, executors, mintstrs®rs, successors and assigns jointly and severally, firmly by thew precente. WHEREAS, the said Principal entered into a Contract with the CITY OF HUNTINGTON BEACH dated AUGUST 1, 1998 APPLICATION OF ONE AND ONE—HALF INCH OVERLAY, INCLUDING COLD PLANING, LAYING OF PETROMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS (M.S.C.#382 & M.S.C. #397) HEREAS, said Cotttreot has been compteted, and was approved on 30th y of NOVEMBER 19 98 . OW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that e work will be fra of any defective materials or workmanship which become apparent during the period of ONE (1) year(,) following completion of the Contract then this obligation shall be void, otherwise to romaln in full rorc* an a fect, provided however, any additional warranty or guarantee whether expressed or implied is ractended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. >igned, tamed end dated this ' 19th day of MARCH .19 99 ALL AMERICAN ASPHALT (Seal) BY: (SaU SAFECO INSU OF AMERICA By-- v' Attorney-in7r7t . 13R hN, �7+to use Q Ataintrea troa~4 of SAPECO t -Ostler+. PRINTZp 1N VAA. 0 A-4 City � of Huntington Beach HUNTINGTON BEACH INTER -DEPARTMENT COMMMUNICATION TO: THOSE LISTED HEREON FROM: SUBJECT: DATE: ADMINISTRATIVE SERVICES, Accounting and Records �OpfC rm%r-Te-1k1T10'%&1 r%w1/iar.1L1T QO 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. T. VWLELLA, Director of Finance certify that no stop notices are on file n the subject at this time. Date: ��1119 • ROBERT F. BEARDSLEY, Public Works D/ec—tor- I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: '�5-X /'�� — CONNIE BROCKWAY, City C k I certify that there are no outstanding invoices on file. Date: S l 54RICH, City Treasurer 10% Retention Payment 09103198 7:47 AM ' WHEN RECORDED MAIL TO: CITY OF HUNTINGTO.X BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder [1,111111'[1]111 Na Fee 19990215738 09:22ara 03/24/99 005 14022747 14 23 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Strect, -~- — Huntington Beach, CA 92643, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to All American Asphalt who was the company thereon for doing the following work to-urt: Resurfacing Of Various Local Streets -RISC-397 That said work was completed February 16, 1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work u2s accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on . Tuesday, February 16,1999. That upon said contract Safeco Insurnace Company Of America ►vas surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated undcr Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this IIth day of March,1999. City Clerk and ex-0ffieio Clcr - _ of the City Council of 6c City _ of Huntington Beach, California r -. STATE OF CALIFORNIA- County of Orange ) ss: City of Huntington Beach ) I, CONME BROCKWAY, the duly elected and qualified City Clerk and cx-o(iicia Clerk of the City Council of the City of Huntington Beach, California do hereby c: rify under pe:talty of pct wy, that t2 foregoing NOTICE OF COMPLETION is trite and correct, and that said NOTICE OF COWLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dalcd at Huntington Beach, California, this 11th day of Alarch,1999. l City Clerk and cx-of cio Clerkof thz City Council c: the try - _ _. of Huntington Bcach, California " NAt� 4111 , ,e .A J//y City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance -with Title VII of the Ci%il Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on KpswrkGIj Project No. hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed b-,• each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. fee 61 Signature and Title All g-cc cishconl /4WG -K T/r DECLARATION OF SATISFACTION OF CLAMIS 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 1.0 and dated a. All workers and persons employed, all firms suppling materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The follox%ing are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the pro%isions of the statutes of the State of California: (if none:, state mojoa I declare under penalty of perjury that the foregoing is true and correct. Executed at on this hV4_ day of .f (Signature of Contractor) t s-cecashm-72 ." -4t . "Iff J� -011V CITY OF HUNTINGTON BEACH 2000 MAIN STREET RE: Construction of CALIFORNIA 82648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK PROJECT Ci 397 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 TH 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 Noble, Contracts Administrator, 536-5441. S. A Connie Brockway City Clerk CB:bt Enc: t Declaration of Satisfaction of Claims 'Certificate of Compliance C.t1r1*S Cr`cz Y �I q 375 bmq (Telephone 7]433"227) . . fe J CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK March 15, 1999 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CBlcg Enclosure: Notice of Completion — MSC-397 — Resurfacing Of Various Local Streets (Telephone: 714.536-52271 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to All American Asphalt who was the company thereon for doing the following work to -%%it: Resurfacing Of Various Local Streets — DISC-397 That said work was completed February 16,1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said n-ork was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday, February 16,1999. That upon said contract Safeco Insurnace Company Of Americawas surety for the bond given by the said company as required by late. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this IIth day of March, 1999. City Clerk and ex-officio Clery of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA } County of Orange ) ss: City of Huntington Beach j I, CONNIE BROCKWAY, the duly elected and qualified City CIerk 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 i%2s duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Brach, California, this IIth day of hlarch,1999 J 4-) Z- City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1 d'st ►t� /]0obl CITY OF HUNTINGTON BEACH f G� pn", MEETING DATE: February 16,1999 DEPARTMENT BER: PW99-03 Council/Agency Meeting Held ICE, /9 9 _ hi- Gco-5D De�f rredlContinued to: Approved Conditionally Approved O Denied bete Ci lerk's Signature Council Meeting Date: February 16. 1999 Department ID Number: P&9-% CITY OF HUNTINGTON BEACH � m REQUEST FOR ACTION D-T;Mr" x� SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER WITTED BY: RAY SILVER, CITY ADMINISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK SUBJECT: APPROVE NOTICE OF COMPLETION FOR RESURFACING OF VARMUR L[ICAI _ STREFTS M S_C_ 397 Statement of Issue, funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: All American Asphalt has completed the resurfacing of 45 residential streets. Funding Source: The final cost of this work is $553,726. This cost exceeds the original project budget by $39,970. Sufficient funds, to cover this expense, are available in the approved 1998/1999 Street Materials Budget (i.e. fiscal account E-AA-PW 510-3-01-00). Recommended Action: Motion to: 1. Accept these residential street improvements and authorize the City Clerk to file the Notice of Completion. 2. Approve an additional expenditure of $39,970 to cover the cost of final material quantities and the resurfacing of five additional streets. Alternative Action(s): NIA. 99RCA03.DOC -2- 02103/99 12:18 PM REQUEST FOR ACTION MEETING DATE: February 16,1999 DEPARTMENT ID NUMBER: PW99-03 Analysis: On August 17, 1998, Council awarded a street resurfacing contract to All American Asphalt. All American Asphalt has completed all work, at a final cost of $553,726 (see the following Cost Summary). Therefore, the Director of Public Works recommends acceptance of the work and requests that Council authorize the City Clerk to file the Notice of Completion. COST SUMMARY COUNCIL APPROVED FINAL COSTS Contract Work $352,008 $416,967 Change Orders 161,748 (1) 136,759 Total Contract $513,756 $553,726 (2) (1) The scope of the original contract included the resurfacing of thirty residential streets. On September 8, 1998, Council approved a $126,747 Change Order for the resurfacing of ten additional streets (cumulative total 40) that could no longer be effectively slurry sealed. (2) Final contract costs are greater than originally approved because many of the streets had low spots and several streets had to be raised, at the center, to insure proper drainage. Additionally, five streets (cumulative total 45) in the southeast end of town were included because a sewer line repair project, completed in October, precluded these streets from being effectively slurry sealed as planned. Cumulatively, the final contract amount is $39,970 more than the approved amount. Sufficient funds for this expenditure are available in this year's Street Maintenance Budget. Therefore, staff requests approval of the additional contract expenditure. Environmental Status: NIA RCA Author. Robert F. Beardsley/Donald Noble 99RCA03.130C -3- 02/03199 2:11 PM PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen -of the United States and a resident of the County aforesaid; I am over.tbe age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of -Huntington Beach, County of .Orange, State of California, and that attached Notice is a true and complete copy as was: printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: May 9, 1996 May 16, 1996 May 23, 1996 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on 'May 23 1 99ti___. at Costa Mesa, California. a U:b PUBLIC NOTICE . - REVISED NOTICE INVITING SEALED AIDS USC-U2 Notice t! hereby given + that the City Council of the Clry of Nuntlnpton Beach, California Wilt receive sealed bids for the one and one -halt inch (f 1/2'I over- - lay of varlow local streets in the Cary of Huntington Beach, Call}ornEa N On cordance with this quanti• des and specifications and special provisions on file to the oteco of the Director of . Public Works. Documents _ will be availabio on May 10. . 199fi_ No Charge required ' for each sat of epenjece- lions and accompanying drawings. DIRECTOn OF PUBUC WORKS ESTIMATE WORK ITEM/0UANTf1Y LOCAL STREET IM. PROVEMENT 1. Cold Plane: 127,130 S.F. 2 Lay PatroMat: 438,868 3. A.C. Cap: 3.939 Tons <. Adjust water Valves: EQ FA In accordance with the provisions of Section 1773 A br Labor Code.. the . Itu Hetsdons ,haii d.tvrw mine M w°aerrm rate tits Wank to be done f:oplee of Ube lateal general Wage rase daumiraafone . we on No p the office of ; fits CMy CNrk and the of- fice ob the Pubac Wart of. t�h icy of Huntington, ��� arw tiom. w9po er With tiw, a at�tl a lohtoe of 0, Dkef•lor of PttbNC Works, City Hall, Huntingtoufon Beach. Carrl! No bid V M be mo*-Vd unless fi is made on a Want form lurrlf had by the Director of Publte Works. The Special attention of Prospective bidders Is Called to the proposal re- . quirements, set forth In the - sped}tcations, for fult direo• Ilona as to the budding. - . , Sabo" quern"- ke— appmArnate only, being given as a basis for 1his comax. of bids, and the City of Huntington Beach does not express or by fmpticallorts aptse that the actunt amastt of work NAII Correspond therewith but reserves the right to In. crease or decrease the amotmt of any class or por- tion of the work, as may be . deemed necessary ar ex- eecfieett by the Director of , All bids will be compitred on the basis of 1t» Director . of Public Works estimate of ; the quantities of work to be ' done. Substitution of securities for any monies by the City to kt3ura perforntartce shah be permitted In accordance with provisions of the Caii- fontis Govemmerrt Code. Section 4590. Each bid efult be made out on a form to be ob- ! tamed at the office of the i Director of Public Works.._ Development Wing. 2OW Main Street. Huntington Beach, C 01fomia; s be welled and flied with the City Clerk at the Civic Coo. ter, Second Floor Adminis. tratlon Building. 20Do Main Street, Huntington Beech, Catifomia, on or before 10:00 a.m. of May 30. 1996. and shalt be opened y of Me City�aw tithe � - Atton»v and Director o1 - Pubsc oAcs or their au- thorized reprosentaWr and the mutts of said bl". will be reported to the City Como of said city of Hun, � tinglon Beach of their regu. far n�eeling to be held on Monday, the 1711t of June. 1995 at the tour of 7= p.m. In the City Council - Chambers in the Civic Can- ter of said City of Hun- ; tinglon Beach and shall be acted upon by said City Council at the regular ' meetir of June 17, 1996. The CMy of Huntington Beach. California reserves. rite rlghl t0 re}ect any or all bide and 10 accept the bid deemed for the best Inter- est of the City of Hun- tingtoo Beach. California. By order of the City Coun- cil of the City of Huntington Beach. Caiiffomla this may. 8.1996. ATTESTS Connie Brockway. CRY Clerk Published Huntington Beach -Fountain Vaney In- dependent May 9. 10, 23,' 1996. 024-0s2 . /t^ .J]i � v--tee_ _ �.a�.. •,.. w - .-.:K w ..� � �. �... RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE NOTICE OF COMPLETION FOR RESURFACING OF VARIOUS LOCAL STREETS MSC 397 COUNCIL MEETING DATE: February 16, 1999 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Aftome ) Not Applicable Certificates of Insurance (Approved by the CityAttomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED Administrative Staff ( ) { ) Assistant City Administrator (initial) ( } { ) City Administrator (Initial) ( ) ( ) City Clerk { } EXPLANATION FOR RETURN OF ITEM: Date/Time 02/09/1999 4:54:03 PM City of Huntington Beach Page 1 Office of the City Clerk Records Ref Category Subject Entered Status Document Expires Box ID Label AL i00D--50 05/28/1997 Active MS 387 91 6 ALL AMERICAN ASPHALT - overlay resurfacing residential streets - MSC-397 - formerly MSC-387. MSC-382 411196 2/3197 5/19197 (Notice of Completion 1711197) 8/17198 918198 Total Records Detailed: 1 16, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSNUTTAL OF ITENI APPROVED BY THE CITY COUNCIL/ REDEVELOPNIEN-r AGENCY OF THE CITY OF HUNTi\'GTON BEACH DATE: SOT 02g agi /7 19 % o' Name sire City, state. Zip ATTENTION: Ja.22--iff1:ei0ZMf-J DEPARTAIEN'T: j%s&Ze REGARDING: e ,y?ES10E/YT/h4 0/ T 0I/etZA95 -7Y1sc-& 9T See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: 6'. �& et.T Connie Brockway City Clerk Attachments: Action Agenda Page V Agreement ✓ Bonds Insurance t/ RCA Deed Other , av CC: a �3L f�eAnif Nam t)ep en�t / RCA Agreement Insurance Other,,' Qi � VY Vol, lr e. � Department � �YY RCA � A I IOther Name Deparunent RCA Agreement InswAnce Other Tart, Departure,% RCA Areement Insurance Other oozy Risk Alanagrment DepL Insurance Received by Name - Company Name - Date G:Followuplcoverltr 1Ttle phone: 714-536-52271 (5) 08117 98=CouncillAgency Agenda - Page 5 E. All matters listed on the Consent Cale] Redevelopment Agency to be routine and 1 Recommended Action: Approve all items on the E-1. the City Council/Redevelopment Agency,. written and on file in the Office of the City [Approved and Adopted 7-0] i� f- M r ar Morlsidered by the City Council and be rracled by one motion in the form listed. i. seatendar by affirmative rail call vote. o� 3-Approve and adopt the minutes of red regular meeting of July 13, 1998 as E-2. (City Council) Approve Contract Amendment No. 2 - All American Asphalt Company - For Residential Street Overlays - MSC 397 (600.50) - Approve Amendment No. 2 to Agreement Between the City of Huntington Beach and All American Asphalt, Inc. originally entered into'on June 3, 1996 for residential streets overlay and authorize execution by the Mayor and City Clerk. Submitted by the Public Works Director ` [Approved 6-0-1 (Green absent from room)] E-3. (City Council) Award Bid And Approve Construction Contract For The Wheelchair Ramp Construction Project In The NewlaridEnhancement Area- CC-1027 - C.J. Construction, Inc. (600.70) -1. Approve the lowest responsivelresponsible bid submitted by C.J. Construction, Incorporated,` for the Wheelchair Ramp Construction Project in the Newland Enhancement Area, CC-1027; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of $35,375; and 3. Authorize the Public Works Department to expend a total of $41,000 including the contract amount of $35,375, anticipated construction change orders of $3,538 and supplemental expenditures of $2,087. Submitted by the Public Works Director [Approved as amended to include the figure of$250 in the liquidated damages portion of contract - 6-0-1 (Green absent from room)] E-4.(City Council Approve A ointments To Personnel Commission Vacancies (110.20) - Approve the recommendation of Co�ncllman Sullivan and Councilman Harman, liaisons to the Personnel Commission -that the following individuals be appointed to four year terns on the Personnef.Commission: Darrach G. Taylor, 711198 to 6/30/2002 and Richard J. Zeleznikar, 711198 to 6130/2002. Submitted by the Personnel Director [Approved 6-0-1 (Green absent from room)] f i - E-5. (City Council) Accept The Flounder Pump Station Upgrade Protect: CC 742 And File A Notice Of Completion - ARA En ineerin (600.60) - Accept the Flounder Pump Station Upgrade Project at a final cost of $592,663 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director [Approved 7-01 ��9f /YDBl1' -DPI CITY OF HUNTINGTON BEACH 9r MEETING DATE: August 17, 1998 DEPARTMENT ID NUMBER: PW98-33 Council/Agency Meeting Held: Yll7, YAP erred/Continued to: prol�((ed ❑ CQ,���.�/}•ditionally Approved ❑ Denie Council Meeting Date: August 17, 1998 SUBMITTED TO: MITTED BY: PREPARED BY: SUBJECT: 6od.3o Signature Department ID Number. PW98-33 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION HONORABLE AND CITY COUNCIL MEMBERS RAY SILVER, CITY ADMINISTRATORa4l ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK APPROVE CONTRACT AMENDMENT FOR RESIDENTIAL STREET OVERLAYS — MSC 397 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 8, 1998, All American Asphalt submitted a bid proposal for an amendment to their residential street overlay contract. Funding Source: The 1997/1998 approved budget includes sufficient revenues for this work in fiscal account E-S P-P W-986-6-32-00. Recommended Action: Motion to approve an amendment (see Attachment #1) to All American Asphalt's contract. Alternative Actions : Deny approval of contract amendment and forego the repairs of thirty residential streets as identified on the Residential Street Overlay List (see Attachment #2). g,' - 98rca33.doc -2- 0810MB 1:20 PM REQUEST FOR ACTION 1 MEETING DATE: August 17, 1998 DEPARTMENT ID NUMBER: PW98-33 Analysis: On June 17, 1996, Council awarded a construction contract to All American Asphalt for the resurfacing of residential streets. Pursuant to Section Five of the contract, the Agreement can be amended for a third and final -year. On July 8, 1998, All American Asphalt submitted a third year bid proposal to overlay thirty (30) residential streets as identified on Attachment #2. A review of their proposal revealed that the unit costs for items two and four are identical to last year; however, there are slight cost increases for items one and three as noted in the following Bid Summary: BID SUMMARY BID ITEM DESCRIPTION 1997 BID 1998 BID DIFFERENCE #1 Cold Plane 0.15 0.155 0.005 0.1 #2 Lay Petromat 0.07 0.07 -0- -0- #3 One & One -Half inch Overlay 1 27.401 28.36 0.940 4.0 #4 Adjust Water Valves 150.00 150.00 -0- -0- With the exception of bid item number three, the cost increases, as noted above, are not substantial. Additionally, the 1998 bid amount of $28.36 per ton for Item #3 is still less than all other bid amounts originally received in May of 1996 (see Cost Comparison below). COST COMPARISON — BID ITEM # 3 COMPANY OVERLAY COST PER TON 1998 BID AMOUNT OVERLAY COST- PER TON 1996 ORIGINAL BID AMOUNTS All American $28.36 Sully Miller $30.00 R.J. Noble $29.50 Industrial Asphalt $30.55 Ruiz Engineering $29.36 Excel Paving $29.36 Sequel Contractors $32.40 Furthermore, there is no assurance that bidding the project would result in a lower unit cost for this item. Therefore, staff recommends that Council approve an amendment to the All American Asphalfs. contract for a third and final year. The total estimated cost of this contract as amended is $404,508.47 (see Estimated Costs below). 98=33.doc -3- 08f051981:20 PM REQUEST FOR ACTION MEETING DATE: August 17, '1998 DEPARTMENT ID NUMBER: PW98-33 ESTIMATED CONTRACT COSTS DESCRIPTION OF WORK COST Contract Bid Item $352,008.47 Change Orders Budget 35,000.00 Incidental Expenditures 17,500.00 TOTAL $404,508.47 On July 15, 1998, the Public Works Commission recommended that the City Council approve an amendment to All American Asphalt for the repair of thirty residential streets as identified on the Residential Street Overlay List (see Attachment #2). Environmental Status: N/A Attachments : RCA Author: Robert F. Beardsley/Donald Noble 98=33.doc -4- 08/051981:20 PM J ATTACHMENT 2 District Street I From ( TO = Sq. Ft. 117. Calneva ;Spa ;Chinook 36900 '128 Aspen :End ;Royal Oak 9259 128 Belmar End ;Royal Oak 9259 128 Jade 'End :Edgeview 16887 128 Kelsey 'End iEdgeview r 16867 187 Lourdes Wrightwood -Misty 34000 187 Raphael Wrightwood .Misty 34000 187 Pinon Wrightwood ;Misty 34000 292 -Taylor Beach Huntington 69100 292 Delaware Taylor Ellis 46800 - 293 Goodwin . Ellis . Forelle 21500 , 423 Tyler -End Harding 19044 423 Summerfield Deauville :Garfield 34020 423 Grant Weymouth Harding 31680 423 Burnham End Worchester 19980 423 Wadebridge End Colchester 12240 423 Gilford 'End Newhaven 15192 423 Enfield End Hamden 7560 432 Alabama ,Adams :Wichita 68940 432 Utica •Florida 'Beach Blv. 44496 432 FIorida Utica Norktotfn 45000 432 Jay End Florida 7200 432 Huntington Yorktown Springfield 64548 442 Alabama Nashville 'Adams 34920 442 Delaware Memphis ;Indianapolis . ,67320 445 Village Jett :Magnolia svc rd- _ 445 Sunshine Jett :Magnolia svc rd 23184 485. Islander Christine •Playa + 25560 485 Surfrider Christine - ,Playa 20628 485 Totals Playa Islander Surfrider ; l 8280 904628 Prepared by HB 711198 Page 1 AMENDMENT NO.2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALL AMERICAN ASPHALT, INC. THIS AIVIENDIv1ENT NO.1 is entered into this !L& day of _A&C &6 r 1998, by and between the CITY OF HLINTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" and ALL AMERICAN ASPHALT INC., a California corporation, hereinafter referred to as "CONTRACTOR". WHEREAS, CITY and CONTRACTOR, are parties to that certain agreement, dated June 3, 1996; and Since the execution of the original agreement, CITY has requested additional work from CONTRACTOR, and CONTRACTOR has agreed to perform such additional work; CONTRACTOR has submitted its Proposal pursuant to Section 5 of said agreement, NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR as follows: 1. ADDITIONAL WORK CONTRACTOR shall provide to CITY such additional services as described as the proposal dated July 8, 1998, a copy of which is attached hereto as Exhibit A, and incorporated by this reference as though fully set forth herein. 2. ADDITIONAL COMPENSATION In consideration of the services described in Section 1 above, CITY agrees to pay CONTRACTOR an additional sum not to exceed Three Hundred Fifty -Two Thousand, Eight Dollars ($352,008). g.4:98agreemmnd3all tls 98A97 3. REAFFIRMATION Except as otherwise specifically modified herein, all other items and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the date first above written. ALL AMERICAN PHALT, INC. By: Dan Siesmore, President By: Thomas Toscas, Secretary FATTEST: i City Clerk'- 917 9S' REVIEWED AND APPROVED: ity Administrator S- ISgS CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO I .♦r %$dd,�City Attorney f e I �,lq r, ,RiMAJED AIJDA ]VED: Director of Public Works 2 g.-4:99agw:smnM&JJ ds 98.49T • T 9i� �— ,cam/� CERTIFICATE OF INSURANCE'.t DATE[MMIDDIYYI PRODUCER r 7129198 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CaIco-ins Brokers & Agentsra; 600 City Parkway West �� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 5995 r COMPANIES AFFORDING COVERAGE Orange, CA 92953-5995 COMPANY 714-937-1824 A HIH America INSURED All American Asphalt �+� 7f//-f COMPANY B Great American Insurance Co COMPANY P.O. Box 2229 Corona, CA 91718-2229 C Hartford Insurance Group COMPANY D RLI Insurance Com an COVERAGES .o..aam,::5cmow:.,:,,�xrvao.�ar.;;,:aoox:s;..,six.w::,.awww...;�.bo:..Y.�w..-,w:wr,.,xsn.:.ti,�wrx;...:,,.�wr.-..-�..«w::Y>,.ayaw.{;,,,.::.,aru:a.:.a:aowrcv;;.,,..;,:.:uw.c:;»w.*a.:.�:.a,,o,-:�ar,::,.w..:wr,;rv:::�x{.c:on;::�c,.axao •,.,,•.,r::, THIS IS TO CERTIFY THAT THEPOLICIES OF INSURANCELISTED BELOW HAVE BEENIS SUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDINGANYREOVIREMENT.TERMORCONDITIONOFANY CONTRACTOR OTHER DOCUMENTWITHRESPECTTO WHICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR I POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIODlYY) LIMITS OFNERALLIABLITY GENERAL AGGREGATE f 2000000 PRODUCTS-COMP/OP AGO S 1000000 D X COMMERCIAL GENERAL LIABILITY RL00001955 8/01198 8/01/99 CLAIMS MADE 91 OCCUR CERTHOLDER IS ADD' L PERSONAL & ADV INJURY S 1000000 EACH OCCURRENCE $ 1000000 OWNER'S & COWRACTOR*S PROT INS. PER BLANKET FIRE DAMAGE (Any one fire) S 50000 CG2010 ATTCH . NED EXP (Any one person) ! AUTO MOa LE LIABILITY COMBINED SINGLE LIMIT S C X ANY AUTO 72UENGK5491 8/01198 8/01/99 1000000 BODILY INJURY (Per Person) = ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) = DAMAGE E s NX s10,000_Ded. APPROM -AS TOro u:PROPERTY • 4 L?•-,- ;; ANY AUTO Dy:� DOPUtV City A torno y AUTO ONLY • EA ACCIDENT Is OTHER THAN AUTO ONLY: FEIAAOLaLfTY r I EACH ACCIDENT t AGGREGATE S EACH OCCURRENCE $ 10000000 AGGREGATE S 10000000 Is NXEXCESSUASILlIff UMBRELLA FORM TUU2184849 8/01/99 I 8/01/99 OTHER THAN UMBRELLA FORM WORKERS ccMPENSATTON AND I _ - X STATUTORY LIMITS A EMPLOYER S' LIA1 LrrY C000994001 8/01/98 8/01/99 EACH ACCIDENT $ 1000000 THE PROPRIETOR/ INCL PARINERS/EXECUTIVE REXCL DISEASE - POLICY LIMIT = 1000000 DISEASE - EACH EMPLOYEE f 1000000 OFFICERS ARE OTHER DESCRIPTION OF OPER ATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: All jobs and operations of the Named lns'd. Waivers of Subrogation apply to WC, GL & Auto. ! 30 day notice of cancellation except 10 da s for non- 1 ment of premium. x CERTIFICATE FOLDER ,�.�. J -t ., is . A : - < CANCELLATION . Rk.. ...........s,�o,ri.,.,,.:,au-. w.,..,,..c,..w SHOULD ANY Of THE ABOVE DESCRIBED POLICIES ME CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL)OUPLIGODWAL City of Huntington Beach w s 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. P.O. Box 190 17371 G o t h a r d Street A'1UU[7C161HRlUl9P1lX7HEX19tr XX%XR*M1t![X"JtR9Q9C'A!0(1a( Huntington Beach, CA 92648 .w:..,.1 ww xw.n-..gpry�ypppp. .. _ - - - , � - � ACORD 25-5 i 3 AUTHORIZED REPRESENTATIVE�053011000 ..-^'..t4P^vroc:'{b?'i:/ '+',K..,�.,v.' n��J�� ACORD CORPORATION 1993 J r POLICY NUMBER: RLO 0001956 INSURED: ALL AMERICAN ASPHALT COMMERCIAL GENERAL LIABILITY EFFECTIVE: 8-1-98 THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any Person, Organization, Partnership or Joint Venture, only if you have previously entered into a contract with such party In which it states that such party shall be an Additional Insured. App-gOI ED AS TO FOttorney GAIL IIUTTOIi By.. Deputy" A torneY (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your worko for that insured by or for you. This insurance shall apply as primary insurance as respects any Person, Organization, Partnership or Joint Venture named above, and any other insurance available to such Person, Organization, Partnership or Joint Venture shall be excess and not contributory with the insurance afforded by this policy. CG 20 10 1185 CCopyright, Insurance Services Office, Inc.. 1984 endom2.wpd r POLICY NUMBER 72UENGK5491 INSURED: All American Asphalt EFFECTIVE: 8/01/98 �// �/i P.1- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement moclifles Insurance provided under the foflowfng: BUSINESS AUTO COVERAGE FORM A. Any person or orpn WWon whom ycu are required by contract to name as addknal insured Is an "'insured" for I1ABIUTY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provis!on of Sect" If - UASILITY COVERAGE 5. For any person or crganU aticn for whom you are required by contract to provide a waver of subrogation, the Loss Cond1ton -TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. 0 Form HA 9913 0167 panted in U.SA �6oa•s� POLICY NUMBER: RLO 0001956 INSURED: ALL AMERICAN ASPHALT EFFECTIVE: 8-1-98 THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any Person, Organization, Partnership or Joint Venture, only if you have previously entered into a contract with such party in which it states that you have waived your rights of recovery against such party. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of 'your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. CG 24 04 11 85 CiCopyright, Insurance Services Office, Inc..1984 waivert.vVd { RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE CONTRACT AMENDMENT FOR RESIDENTIAL STREET OVERLAYS - MSC 397 COUNCIL MEETING DATE: August 17, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable ContracUAgreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to fomn by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Attached (Explain) Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: S CERTIFICATE aF DAT>E(MN�DDnY) Y { • b : Y. ::INSURANCE .. " .... - :::..... ,...:- . v .. . -.::.. - , .x 8 ►15 / 9 6 PrODUCER` THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CJS I c o Ins Brokers & Agents n t s ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 600 City Parkway West ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Sax 5995 COMPANIES AFFORDING COVERAGE Orange, CA 92863-5995 COMPANY 714-937-1824 A Calif Casualty—indemnityCasualty-indemnity Exch INSURED COMPANY All American Asphalt 8 Insurance Co, of the West COMPANY P.O. Box 2229 Carona, CA 91718-2229 C Clarendon National Insurance COMPANY D COVERAGES THIS IS TO CERTIFYTHATTHEPOLICIES OFINSURANCE LISTEDBELOW HAVE BEENISSUED TO THE INSURED NAMED ABOVEFOR THEPOLICY PERIOD INDICATED,NOTWITHSTANDINGANYREOUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITH RESPECT TO WHICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTA TYPE OF IVSWMANCE POLICY NUMNER POLICY EFFECTIVE DATE (MMMDTYY) POLICY EXPIRATION. DATE (MMIDONY) LIMITS OENERALLIASLITY GENERAL AGGREGATE S 2000000 PFGOIICTS-COMPIOP AGO S 1000000 C X COMMERCIAL GENERAL LIABILITY TNCO698951059 8/01/96 8/01/97 CLAIMS MADE Eil OCCUR PERSONAL L ADV INJURY s 1000000 EACH OCCURRENCE $ 1000000 OWNER'S a CONTRACTORS PROT FIRE DAMAGE (Any one life) S 50000 WED EXP (Any ono person) S AUTOMO a L[ UAI LITY COMBINED SINGLE LIMIT f B X ANY AUTO XH0140948801 8/01/96 0/01/97 1000000 BODILY INJURY S ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY S X HIRED AUTOS XNON-OWNED AUTOS ; mr (Per eccldenl)` PROPERTY DAMAGE t �y, yl•`D EN00rZSEp,, • ^• • NT Al ;.-,,,. 7 , OARAOELIAELTTY I•r:lJ AS �� r' T� '�% AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ANY AUTO ►fi?^ C4 'xON a,j. EACH ACCIDENT i 11'OR�'EY AGGREGATE S k, EXCESa UA2LITY r . F g r- EACH OCCURRENCE S ALiOMOATE S IweRELLA FORM y tOze 3 OTHER THAN UMBRELLA FORM wORKIRS COMPENSATION AND X STATUTORY LIMITS A EMPLOYERS- LIABILITY WC6801199702 8/01196 8/01197 EACH ACCIDENT _ : 200000C THE PfiOPRIETOR/ INCL PARTNERS/EXEGUTIVE RExCL DISEASE - POLICY LIMIT S 2 0 0 0 0 0 DISEASE - EACH EMPLOYEE S 200 00 0 OFFICERS ARE DTHER DESCRIPTION OF OPERATIONSILOCATIONSIVENICUSISPECIAL RIMS RE: All Jobs and operations of the Named r Ins'd. Waivers of Subrogation apply to WC, GL & Auto. Cert'holder lsiAddtii:lns'd per End._CG2010 attached 30 day notice of cancellation except 10 days foi non—payment of premium. x .CERTIFICATE HOLDER.a..<' w# N I;%f<;x a. CANC1�.LA ION w. of `ae. x. 'Nr aN, a«: Dux ry w«uw ro x ... ...........ovw"u.....�.asa..�,. .....mow.. EHOULA ANY OF THE ABOVE DESCRISED POUCHES NE CANCELLED BEFORE THE EXPIRATION DATE ?HEREOF, THE ISSUING COMPANY YILLUMIUO YA MAL City of Huntington Beach ws 30 DAYS wRRTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE L.EFT, P.O. Box 190�+���XX� 17371 Gothard Street xxwpwi<a�iJ((aE �iXdf I�HNri(XdiJCI�iSPYiIS>l�ii>+tIiX Huntington Beach, CA 92648 AUTHORIZE REP A I 53011001 ACORD 25•5 3J93 .: .: ACORD CORPORATION 199: L INSURED: ALL AMERICAN ASPHALT POLICY NUMBER: TNCO698951059 COMMERCIAL GENERAL LIABILITY EFFECTIVE: AUGUST 1, 1996 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Huntington Beach, its Agents, Officers and Employees as additional insured 2000 Main Street, Huntington Beach, CA 92648 Of no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) Is amended to Include as-_anjnsured the person or or anization shown in the Schedule, but only with respect to liability arising out of'your work" or a nsure y or for you. CG 201011 8S Copyright Insurance Services Office, Inc.,1984 CONFIDENTIAL RECORDS Pursuant to Governinent Code §6245B b. Attorney -Client Privilege Date 9/5/96 Title Agreement with American Asphalt ,Number Insurance Requirement Modification Motion &t- K i' -A, ort) 110 . t, Second by 13 Vote by MEX Signature t�fL �3 _ Yes tiro Joe BAWon Signature Ag Yes 1'0 Pat Dap s Signature Yes No ka/ren Fos r Motion Passed Motion Failed a:tfmisUse'icomltorrWIX^-5 Page 8 - Council/Agency Agenda - 6/17196 (8) E-10. E-11. (600.10) - (1.) Approve the Acquisition Agreement for a Twenty and Twenty- six Hundredths Percent (20.26%) interest in the Boys & Girls Clubs of Huntington Valley facility located at 2309 Delaware for the amount of $237,000 in Community Development Block Grant funds, and (2.) Approve and authorize execution by the Mayor and City Clerk of the Facility Lease Agreement and Memorandum of Lease between the City of Huntington Beach and the Boys and Girls Clubs of Huntington Valley in the amount of $1.00 per year. Erppared by Economic DeyClopmpnt. [Approved 7-0] (600.50) - (1) Accept the low bid submitted by the lowest responsible bidder, All American Asphalt, in the amount of $165,969.86 and award the contract to said company; direct the City Clerk to return the bid bonds submitted by the other bidders; and (2) Approve sample construction contract; and (3) Authorize the Director of Public Works to expend $187,566 to cover contract costs of $165,969 for the resurfacing of various local streets; unanticipated Change Orders not to exceed $16,597 and incidental expenditures no greater than $5,000. Prepared byIhe Public Mrks Director. [Approved 7-0] E-12. (Chy Counc') Annual Review of Rainbow Disposal seeRRa_tes (600.45) - Retain the existing residential refuse service fee of $16.55 per month per unit of service for the time period 7/1196 to 6/30/97 and adopt Exhibit A, effective 711196 as the new Exhibit A of the Refuse Collection Franchise Agreement. [Approved 4-3 (Sullivan, Harman, Garofalo -- ND)] E-13. (Redevelopment Age y) erofessional -Services Agreement Between Agency & Keyser MarstonAssoclates and Between AgencyA Sedwav }Sun Mouchly GrouR.-To.Provide Economic professional Services (600.30) - Approve and authorize execution by the Chairman and Clerk of two Professional Services Agreements between the Agency and the firms of Keyser Marston Associates, Inc. and Sedway Kotin Mouchly Group to provide economic advisory and reuse analysis services to the Agency for a two-year period at a combined cost not to exceed $100,000 annually. Prenared by Economic [Approved 7-01 (8) have received the Faithful Performance Bond and the Labor and Material Payment Bond for CC-1037, Cancel Gothard Street Widening Project and Approve Plans, Specifications and Call for Bids for Warner Avenue Rehabilitation, Beach Blvd. to B Street Dated: .f By: v All American Asphalt P. O. Box 2229 Corona, CA 91718-2229 i � r SAFECO SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COWANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON QatsS CONTRACT BOND — CALIFORNIA Bond 582 5o 74 FAITHFUL. PERFORMANCE -- Initial premium charged for this bond is PUBLIC WORK $830.00 Subject to sdpstment upon completion of contract at applicable rate on final contract price. EXECUTED IN THREE (3) PARTS KNOW ALL BY THESE PRESENTS, That ALL AMERICAN ASPHALT ofCORONA. CALIFORNIA as Principal, and the AFEGO INSURANCE COMPANY O AMERICA,- RI A,- a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the Slate of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFORNIA in the sum of ONE HUNDRED SIXTY FIVE THOUSAND NINE HUNDRED SIXTY EIGHT AND fiQ110Ot +s_---- --- -- _ -- ---_: ars 165.96$.00 _ for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, )Dintly 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 6 19 _,with the to do and perform the following work, ta-wit: APPLICATION OF ONE AND ONE—HALF INCH OVERLAY, INCLUDING COLD PLANING, LAYING OF PETROMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS (THIS BOND ALSO GUARANTEES THE WORK FOR A PERIOD OF ONE (I) YEAR AFTER THR CITY'S ACCEPTANCE THEREOF.) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then this e-ligation shall be void; otherwise to remain in lull force and effect. P.'OVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be oerforr^3.1 : rder the Contract. Signed and sealed this 26th day of JUNE .19 96 ALL AMERICAN ASPHALT i�rincilai , APPROVED AS TO ro-RIf : 7 � GAIL FiUT70;4, City attorney- E' :. Depst r City Attorrey r ' jZZ Jib SAFECO IN UR � OF AMERICA 1 1 By OWE M. BROWN Attorney -in -Fact sit-d2b PRINTED IN U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT +so s State of ' f ' a Countyof Riverside On?L3_-q(O before me, Donna Thorne, Notary Public DATE kAME• TITLE OF OFFICER - E G..'JANE DOE. NOTARY PMV personally appeared Rosario Leggio► Jr. NAMEIs) OF S)GNER(s) impersonally known to me - OR - C] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that helsheAhey executed the same in his/her/their authorized 06 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), DONN.* W0:ECOMMz or the entity upon behalf of which the Notary Pvb;c - r_ci tprl)in person(s) acted, executed the instrument. R'VE^'''DE COVIN Y MN Comm. Expire. r;pv 11.1947 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law. It could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though suMe noes not require the Notary a fin in the data below. doing as may prove Invakable 10 persons r" on the docurnertt. INDIVIDUAL CORPQRATE O FICER(S) Tl Ef5) PARTNER(S) LIMITED Q GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIANICONSE RVATOR ❑ OTHER: SIGNER 1S REPRESENTING: NAME OF PERSONS) OR ENTI YQES) All _ rnerir-an_AQpb;%I t OPTIONAL SECTION � TITLE OR TYPE OF DOCUMENT i�f>!?t!#. -1,e_ L'SfJ1e.L 58z(�O�y NUMBER OF PAGES / DATE OF DOCUMENT , lr_ .16 -17b SIGNERS) OTHER THAN NAMED C1992 NATIONAL NOTARY ASSOCIATION - 8236 Remrnet Ave.. P.O. Box 7184 -Canoga Park, CA 91309-711 'L:PURPOSE ACKNOWLEDGMEHT . 111�1�ti11V�111tit1�1��1�1111t1�t�>tt l ltt 11t1t�1tt1�11t1\`1t11�\t1���1\L1t1111111��'�. state '— CALIFORINIA CAPACITY CLAIMED BY SIGNER •WG'E - - - 1 1 C3 INIXVIDUAL On 6-26-96 before me, BARBARA J. BENDER, NwARY PUBLIC OATQ N Wk. TITLE OF oFFKAFI-i.Q6'^4E D%.NQTARY PUOW a personelly appeared OVEN M. BROWN #1] personally known to me • W ""-W be the person(Ij whose name(N) is/A subscribed to the within Instrument and SARBARA J. BENDER acknowledged to me that he►9� tr~j COMM. #965863 7"1 executed the same In hlsxwrxMM r) NOTARY PUBLIC -CAMORntApj authorized capaclty$n). and that by R ORANGE COUNTY his/t Ksignaturepi) on the Instrument IdY CCltAHL EKP.,IULY 13. 1996 rthe person(ld. or the entity upon beha" of whichAe personkq acted, executed the al. 9NCAxTLpf C4(j6Ofx01Y OFFICER($) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERYATOR ❑ OTHER: SIGNER IS REPRESENTING. NAME OF PERSON(!) OR INnr((IES) A INS NaCOMPANY OF AMERICA AVINT10N NOTARY. A17 „ g+i IF* lnlorml"n r•Cw•t'00 Wow A OPTIONAL, it C0w'd prevent Ire Ar1M1 i'lac"Al 01 th1 comfiGau to m ~W►4/4 ommFnt. THIS CERTIFICATE Title or Type of Document PERFORMANCE BOND NO. 5826074 MUST BE ATTACHED Number of Pages 1 Date of Document 6-26-96 TO THE DOCUMENT DESCRIBED AT RIGHT: -Signer(s) Other than Named Above ALL AMERICF►h ASPHALT C 1992 NATIONAL NOT: AY ASSOCIAT ION r e276 ROm"I Ave., P.G. Box 7184 o Canoga Park. CA 9004•719 ' SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFEW HOME OFFICE: SAFECO PLAZA ' SEATTLE, WASHINGION 04185 Bond 582 50 74 EXECUTED IN THREE (3) PARTS CONTRACT BOND — CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFORNIA as Obligee, In to sum of ONE HUNDRED SIXTY FIVE THOUSAND, MINE HUNDRED SIXTY EIGHT AND NO/100ths---------------- DOsiars (+ 16 9683 �. or the payment whereof, well and truly to bo made, said rinclpa and Surety bind themselves, their heirs, a minlstrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION Iv SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated day of , 19 , with the Obligee to do and perform the following work, to -wit: APPLICATION OF ONE AND ONE—HALF INCH OVERLAY, INCLUDING COLD PLANING, LAYING OF PETROMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS NOW, THEREFORE. if the above -bounden Principal or hisfher subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or hisfher subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 13181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 26th No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. APPROVED AS TO FOR11: GATT, F.UTTOIi,. City Attorney Bn Dep1t.Y City Attorney day of JUNE , 19 96 ALL AMERICAN ASPHALT •f Principal SAFECO I PANY OF AMERICA fay 0 - OWN Attorney-in-Fact /1°'EPOe38 PRINTED IN U.S.A. LL-PURPOSE ACKNOWLEDGMENT tt------ t�--- t ;" iC.: - 1�t11------t--lt--------- State Q CALIFORNIA CAPACITY CLAIMED BY SIGNER • MY Of .INDIVIDUAL On 6-26-96 before me, BARBARA J. BENDER, NOTARY PUBLIC DATE kAWE. TITLt OF OFFICER • E.Q.'Akd DUE. NOTARY PVPJ.IC rsonal ared OMEN M. BROWN • "��kAMil OF I m3NEAj3j � personally known to me - .to be the person(OS whose name(i) Is/94 subscribed to the within Instrument and acknowledged to me that he190WVAGF « BARBARA J. BENDER k executed the some In hls e0c COMM. #965863 authorized capaclty§ha), and that by �} NOTARY PU3LIC-CALIFORNUAy his/hedtbtft signatures) on the Instrument k ORANGE COUNTY r My CC>VhC EXP. JULY 13.1996 the person(A), Or the entity upon behalf of which he personki acted, executed the In nt. TAIr nd eal. $LGNATUR( C4.40TARY ATTENT [ON NOTARY: Nvroup++" into rm.Don ►t>GW I-.d tolow t1 0P•TIONAL. it cord pro vem If An""nl of THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: CORPORATE OFFICERS) 1 EISJ ❑ PARTNER($) ❑ LIMITED GENERAL la ATTORNEY -IN -FACT ❑ TRUSTEIE($) ❑ GUARDIAWCONSERVATOR ❑ OTHERI SIGNER IS REPRESENTING: NAME OF PER30N{3) OR ENMY11E8) -SMCO INSURANC$__COMPANY OF AtE]uCA INS con-RC4111 to an W%wrtortzod aommonl Title or Type of Document PAYMENT BOND NO. 5826074 Number of Pages I Date of Document 6-26-96 Signers) Other than Named Above ALL AMERICAN ASPHALT C 199 2 NATIONAL NOTARY ASSOCIATION • 8236 RommotA".. P.O. Box 7184 •CanogI PV%.CA 91304.718 _CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.S Stateof California Countyof_lRiverside Donna Thorne,Notary Public On 73' ' � _�.. before me, n' , DATE NAME. TITLE OF OFFICER - E G-,'JANE DOE, NOTARY PUBLIC personally appeared Rosario Leggio, Jr. NAME(S) OF SIGNERS) Elpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the • person(s) acted, executed the instrument. IaO�JNA iIiORNE wth4y COM-M. t 10091O3Z :44.NotaryPutft — California rIVERSIDE COUNTY Comm. Expires NOV 11, 1497 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by taw, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though came does not require the Notary to fill In the data below, doing so may prove invaluable to persons retying on the dDcurnert INDIVIDUAL COrRAT OFFICER(S) T1TLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIANICONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(tES) All Amerir-An A��Alt- a.d OPTIONAL SECTIO-gl TITLE OR TYPE OF DOCUMENT' i..rj 1t AQI,l ,� ��6o75L If NUMBER OF PAGES — // DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Parts CA S1309.71 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by taw, it could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though came does not require the Notary to fill In the data below, doing so may prove invaluable to persons retying on the dDcurnert INDIVIDUAL COrRAT OFFICER(S) T1TLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIANICONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(tES) All Amerir-An A��Alt- a.d OPTIONAL SECTIO-gl TITLE OR TYPE OF DOCUMENT' i..rj 1t AQI,l ,� ��6o75L If NUMBER OF PAGES — // DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C1992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Parts CA S1309.71 ti e POWER OF ATTORNEY SMFC© KNOW ALL SY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 011E5 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ■aasaaearaeraarmass 1160fEN M. BRC%S'N. Anaheim. C811fOrnlaaeaeaaaaaaraaraarraraaaraaraeaaaraerae■ 113 trv0 and lawful attorneyfS)-in-fact. with full authority to execute on behalf of the Cornpany fidelity and surety bonds or undertakings and other documents of a srrilar 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 instrlments had been duly executed by its regularly elected Officers at Its hart& Office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents INS 4th day of January . 19 93 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: •Article V. Section 13. " FIDELITY AND SURETY BLONDS ... the President. any Vice President. the Secretary. and arty 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 Smilar 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 seat. or a facsimile thereof. may be Impressed or affixed or in any other manner reproduced: provided. however. that the seal "I 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. 0) The provisions of Article V. Section 13 of the By -Laws. and Oil A copy of the power -of -attorney appointment, executed pursuant thereto. and Oig Certifying that said power -of -attorney appointment Is in full farce and affect. tha signature of the certifying officer may be by facsrrnie. and the seat of the Company may be a faCS&IIs thereof" L R. A. Pierson. 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 corporatlon 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. 1 have hereunto set fry hand and affixed the facsimle seal of said corporation this 26th day o f JUNE . 16 - .96 3-130WEP W3 Q Rapistered trademark of SAFECO CorPaatiwL ECO CONTRACT BOND — CALIFORNIA FAITHFUL PERFORMANCE — PUBLIC WORK SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 08165 Bond 582 50 74 lnitlal premium charged for thle bond la $830.00 aub)act to adjustment upon completion of contract at applicable rate on final contract price. EXECUTED IN THREE (3) PARTS KNOW ALL BY THESE PRESENTS, That ALL AMERICAN ASPHALT of CQEONA, CALTEORNT& as Principal. and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the taws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFORNIA in the sum of ONE HUNDRED SIXTY FIVE THOUSAND NINE HUNDRED SIXTY EIGHT AND KO/IOOths--------------------------- 0ollars I65,958.00 for the payment whereof, well and truly to be made, said Principal and Surety bind themse:ves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. ACKNOWLEDGMENT t��i��1��t�11L�ttiti111�1���L1��itt1�t1111ttiti1`1t�\t1\7�1�11�t\�1t1111tt1Zl�tt1\t1tt\11t� CALIF • • J r RN I A CLAIMEDrCAPACITY BY SIGNER • • • ' ■ • 6-26-.96 b9Of@me,• BARBARA J. BENDER NCTARY PUBLIC f% OATTL 1,"LlIniOFOFFQR-E.p,.•JAKQ(X.NOTARY PVB'.0 I personally appeared OVER M. BA041N ,s 1 j Of I , I OFFICER(5) In Is) [] PARTNER($) ❑ UMITED ❑ GENERAL IM ATTORNt:Y•IN•FACT ' nal kr)own to me • ""`�-� r����� ❑ TRUSTEE(S) • _ • to be the person() 'whose named is.um Mscribed to the within Instrument and ❑ GUARDIANCONSERVATOR BA BQRRQ J. acknowledged to me that hely t Q 07?•rER: B ENDER h COMM. executed the same In hIS/t)p g # S65863 N y hoof?A authorized capacity), and that by GE cou�l7 hiV r si naturebt) on tree instrument ���' 0 cc?1lM E.tP. JULY 13. 19961" the person(s), Of the entity upon Behan of SIGNER IS REPRESENTING: t whic the person(l) acted, executed the hiwE OF KRSO►+t3) OR EMITYpCs) InStN ertt. ,SRBCQ INSURAtr'CH_CCi`PAlFY o 1 U. OF AMSLICA YWit, ss tiny�mand and ial 5-C%A" A77EMION H07ARY; A;QV4n r4 inform soon r brow is OPTIONAL. of W.'I peRARr hi,R..-snt •.ToCheng If of th.1 e64.ecarq '0 16.1 „navT 104 000 meR. THIS CERTIFICATE T:Ile or type of Document PERFORMANCE BOND NO. 5826074 MUST BE ATTACHED iO THE DOCUMENT Number of Pages I Date of Document 6-26-96 DE- CRl9ED AT RIGHT: ALL Signer(S) Other than tamed Above AMERICAN ASPHALT ar1992 NA71ONAL NOTARY ASSOCIATION • 0230 Rsmm.tA,i., P.O.6o& 7104 • Canoga Pu.. CA 913;4•71v CONTRACT BOND — CALIFORNIA FAITHFUL PERFORMANCE — PUBLIC WORK KNOW ALL BY 'THESE PRESENTS, Thal ALL AMERICAN ASPHALT SAFECO INSURANCE COMPANY OF AMERIC4 GENERAL INSURANCE COMPANY OF AAAERICA FtRS7 NATIONAL INSURANCE COMPANY OF ONIERICA HOME OFFICE: SAFECo PLAZA SEATTLE. WASHINGTON 00715 Bond 582 50 74 Initial premium charged for this bond Is S830.00 subject to adjustment upon completion of . contract at applicable rate on final contract price. EXECUTED IN THREE (3) PARTS of CORONA, CALXFJ2RNIAas Principal, and the AFECO INSURANCE COMPANY F A ERI A, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFORNIA in the sum of ONE HUNDR=D SIXTY FIVE TUOUSkXD NINE HUNDRED SIXTY EIGHT AND .NO/100ths--------------------------- Dollars 165,968.00 for the payment whereof, well and truly to be made, said Principal and Surety bind themse:ves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. ... _..__ - - - - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.S State o California County Of R i cram i dP On. -3 A q6 before me, Donna Thorne, Notary Public FUME. TITLE OF OFFICER - E-G..'JANE DOE. NOTARY PUBLIC' personally appeared Rosario Leq io, Jr. r F,AMEIS) OF SIGNERJS) Elpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), DONNA THORN-: or the entity upon behalf of which the : -a s ,_ t.otnr, Pub5r: - CchforNv n person(s) acted, executed the instrument. z nNERSIDE COVNTY 11 My Comm. Exp4os No%, 11. IC97 � WITNESS tT,y hand and official seat. S4MTURE OF NOTARY iiialiiiiiiiiii OPTIONAL SECTION asiiamiiiii CAPACITY CLAIMED BY SIGNER Though statute does not require the Afotafy 10 fill in the data below, doing so may prove invaluable to persons relying on the d0ournenL INDIVIDUAL CORPORATE RATE OFFICER(S) TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -INTACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSOMS) OR ENTITYIrES1 AsphaltAll Ampriran OPTIONAL SECTION =CERTIFICATETE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT A 7} Zt l` ,2"{tT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT 'uested here ss not reGulred by law,Vt�i" dulent reana&menl of this Corm. SIGNER(S) OTHER THAI! NAMED ABOVE Y r C1992 NATIONAL NOTARY ASSOCIATION - 82M Rammet Ave.. P.O. Box 7184 • Canoga Park CA 91309-7 I /-OUJU CONTRACT BOND — CALIFORNIA FAITHFUL PERFORMANCE — PUBLIC WORK KNOW ALL BY THESE PRESENTS, That ALL AMERICAN ASPHALT 3AFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE. SAFECO PLAZA SEATTLE, WASHINGTON 06183 Bond 582 50 74 Initial premium charged for this bond Is S830.00 subject to adjustment upon completion of contract at applicable rate on final contract price. EXECUTED IN THREE (3) PARTS of CQEONA, CALTFORNIA as Principal, and the AFECO INSURANCE COMPANY AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFORNIA in the sum of ONE HUNDRED SIXTY FIVE THOUSAND NINE HUNDRED SIXTY EIGHT AND NO/100ths--------------------------- ars 165,968.00 for the payment whereof, well and truly to be made, said Principal and Surety bind themse;ves, 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 .19 , with the to do and perform the following work, to -wit: APPLICATION OF ONE AND ONE—HALF INCH OVERLAY, INCLUDING COLD PLANING, LAYING OF PETROMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS (THIS BOND ALSO GUARANTEES THE WORK FOR A PERIOD OF ONE (1) YEAR AFTER THE CITY'S ACCEPTANCE THEREOF.) NOW, THEREFORE, if the above -bounden Principal shall faithfully porform all the provisions of said Contract, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER THAT, Any suit under this bond must be instituted before the expiration of two (2) years from the date of substantial completion of the work to be performed under the Contract. Signed and sealed this 26th - day of JUNE , 19 96 . ALL AMERICAN ASPHALT Princinai BYs r SAFECO INSUR OF AMERICA By 0 M. B 0" Attorney -in -Fact 3jy--ydJ6 PRINTED IN U.S.A. SAFECO CONTRACT BOND - CALIFORNIA PAYMENT BOND SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA • HOME OFFICE: SAFECO PLAZA SEATTLE. WASHWGTON 08195 Bond 582 50 74 EXECUTED IN THREE (3) PARTS KNOW ALL BY THESE PRESENTS, That we, _ ALL AMRICAN ASPHALT and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON SEACH, CALIVOM71L as Obligee, in the sum of ONE HUNDRED SIXTY FIVE THOUSAND, NINE HUNDRED SIXTY EIGHT AND ISO/100ths------------ — Dollars (S 165,968,02 ), or the payment whereof, we an truly to made, said Principaland Surety bin themselves, their airs, 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 day of , 19 . with the Obligee to do and perform the following work, to -wit: APPLICATION OF ONE AND ON$ —HALF INCH OVERLAY, INCLUDING COLD PLANING, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of___Qa1ifQrnia County ofgiversieN, _ On-7'S-96., before me, Donna Thorne, Notary Public DAT9 NAME. TITLE OF OFFICER - E-G..' ME DOE, NOTARY PM.1C' personally appeared Rosario L for Jr. NAME(S) OF SIGNER(S) Elpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/sheAhey executed the same In his/her/their authorized capacity(ies). and that by his/her/their Signatures) on the instrument the person(s), DONNA TkO.?NE CONIM. a f.'x.'9103 z or the entity upon behalf of which the � 7 T Nofory Public - ccliforr,ia x person(s) acted, exec��ted the instrument. - c ✓ ReVeRSIDE COUNTY My Comm. Exptes Nov 11.1997 WITNESS my hand and official seal. S*KATURE OF NOTARY OPTIONAL SECTION _ THIS CERTIFICATE MUST BE ATTACHED TO � TiTI.E OR TYPE OF DOCUMENT ri � 1 '' 1 C7 THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES % __ DATE OF DOCUMENT � "�-� � 7LLII L Though the data requested here is not required vy law, e it Could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE tltttltlt11iiiii OPTIONAL SECTION t>iiiiniiiiii CAPACITY CLAIMED BY SIGNER Though stable does not mequire tde Notary fo fill in the data below, doing so may prove Invaluable 10 persons relying on the donxnertL INDIVIDUAL CORPORATX OFFICER(S) C%M_a" st¢al� TITLE(5) 0 PARTNER(S) LIMITED GENERAL ❑ ATTORNEY -IN -FACT TRUSTEES) �] GUARDIANICONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IE5) All Amprican a Z1992 NATIONAL NOTARY ASSOCIATION - 8276 Remmet Ave., P.O. Box 7184 - Canoga Pdr1L CA 9190S.7- . .. _ . _..._. ,.,,ww I Ii%1/ • InO RtlmmetAvr., P.O.001 7104 - Canoga Par11, CA 91304.711 SAFECO CONTRACT BOND — CALIFORNIA PAYMENT BOND KNOW ALL BY THESE PRESENTS, That we, SAFECO INSURANCE CC>wAPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 08185 Bond 582 50 74 EXECUTED xN THREE (3) PARTS ALL AMERICAN ASPHALT and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington CITY OFauthorized to to GTONtransact surely CALIFORNIA business inthe State of California, as Surety, are held and firmly bound unto as Obligee, sum SIXTY FIVE ••• .. - AND NO/I00ths---------------- Dollars is I6 968 or thepayment w ereo , we 1 an tru y to ma e, sal rincipa and Surety bin themselves, their ears, a minlstrators, successors and assigns, jointly and severally, firmly by these presents. INE H THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated day of r 19 . with the Obligee to do and perform the following work, to -wit: APPLICATION OF ONE AND ONE—HALF XNCH OVERLAY, INCLUDING COLD PLANING, nu Vn1tTrins CITY STREETS 6L.-PURPOSE ACKNOWLEDGMENT 7.� Dig S State of CALIFORNIA CWMy CAPACITY CWMED BY SIGNI of oRAhCE ❑ INDIVIDUAL 5-26-96 BB On CATS before me, iRBARA J. BENDER, NOTARY PUBLIC Tx WF, TIRE OF OFFiCIA • E.Q, lj g 0%. NOTARY pWL1C. Jer$Onaily appeared OFTEN M. BROWN personally known to me . - fe be the person(gg whose narne(l) is/M subscribed to the Within Instrument and BARBARA J. BENDER; k acknowledged to me that he/MVMQy y COMM. #965863 -N executed the some In hlsAvrxmM NOTARY PiIRiC-CALIFORN04 authorized capacity$"). and that by ORANGE COUNTY . hisrNXftftSignaturept) on the Instrument COMM LXP JULY 1996 rthe person(It), or tho entity upon behalf of whi"e personit-t acted, executed the nd 1 ❑ CORPORATE OFFICER(S) In�Isl ❑ PARTNER(S) ❑ UMITED GENERAL ATTORNCY•IN•FACT ❑ TRUSTEE(s) ❑ GUARDIAtVCONSERYATOR ❑ OTHER, SIGNER IS REPRESENTING: NAME OF FEA30N(S) OA ENrrrY(IES) sAF1QQ rNSmuxCX coxru, OF AMERICA S'C.aTUAE CLAOTARY - •r - f ATTENTION NOTARY. A19+ov911 Ora ofor►+Ia9on Iapuairad two* if OPTIONAL.11 coull paysnl NavdvlMt a'lacn"MI or lMa COMAC41* to &''1 W+avgvdz" dpCyIrn". THIS CERTIFICATE Title or Type Of Document PAYMENT BOND NO. 5826074 MUST BE ATTACHED TO THE DOCUMENT Number of Pages l — Date of Document 6-26-96 DESOMBED AT RIGHT: Signer(s) Other than Flamed Above ALL AMERICAN ASPHALT 01992 NATIONAL NOTARY ASSOCIATION . 0276 Rommel Ave., P.O. Box 7104 a Can096 Plv%. CA 9190d Im CONTRACT BOND — CALIFORNIA PAYMENT BOND SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL, INSURANCE COMPANY OF AMERICA r HOME OFFICE 3AFECO PLAZA SEATTLE. WASHINGTON 06195 Bond 582 50 74 EXECUTED IN THREE (3) PARTS KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CALIFORNIA as Obligee, to the sum of ONE HUNDRED SIXTY FIVE THOUSAND, NINE HUNDRED SIXTY EIGHT AND h0/100ths---------------- Dollars 165 968 OQ , or the payment w ereo , well and truly to be made, said rincpnd Surety bind themselves, their beirs, 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 day of , 19 , with the Obligee to do and perform the following work, to -wit: APPLICATION OF ONE AND ONE—HALF INCH OVERLAY, INCLUDING COLD PLANING, LAYING OF FETROMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 26th day of JUNE 19 96 No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. ALL AMERICAN ASPHALT Principal B . SAFECO INSU A AMERICA By OWE M R67% Attorney -in -Fact �Y--Tegd PRINTED IN U.S.A. ' POWER OF ATTORNEY SAFECAO KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE, WASHINGTON 96195 No.. _ 884-- That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint eeesa— 4098s.sree 2—DWEN M. BROWN. Anaheim, Cafifornlseeereerllseretteetleseearsraeesrrrallserrrew• its true and lawful attorneyfs)-in-fact. with full authority to execute on behalf of the company fidelity and surely bonds or undertakings and other documents of a Sklmlar character Issued by the cernpany In the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such Insirumenis had been duty executed by its regularly elected officers at Its have of flee IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents INS 4th CERTIFICATE day of ,January . 19 93 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 indviduats as attorneys -in -fact or under other appropriate titles wlth 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 facsirnite thereof. may be impressed or affixed or In any other reamer reproduced: provided. however. that the seal shall not be necessary to the validity of any such instrunent 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 Corrypary setting our. 4) The provisions of Article V. Section 13 of the By -Laws. and Gail A copy of the power -of -attorney appointment, executed pursuant thereto. and (411 Certifying that said power -of -attorney aPpointrnent is in full force and effect. the signature of the certifying officer may be by facsimile, arA the seal of the Company may be a facs'rnite thereof' I. R. A. Pierson. 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 erectors of INS corporatim 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 INS ^,^w 25th, day of army . 18 gg 3-1300/EP 1103 0 Registered tredemerk of 3AFECO Corporetiorn. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On before me. PATRICIA M- OORoNADO NOTARY PUBLIC DATE NAME. TITLE OF OFFICER • E G..-JANE DOE. NOTARY PUBLIC - personally appeared ROBERT BRADLEY NAME(S) OF SIGNER(S) yo personalty known to me to be the persona) whose nameW is/W subscribed to the within instrument and ac- knowledged to me that he/OMOlififyexecuted the same in hisjb4C1t2i*-i;r' authorized capacitypeo, and that by his/@ PATMAMCpPONAp signature on the instrument the personal, Ccrnnlbom#I XM or the entity upon behalf of which the • �*mC0,111 _ person acted, executed the instrument. 07 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL SECTION � OPTIONAL SECTION ��■1■ CAPACITY CLAIMED BY SIGNER Thai* statute does not rewf Cie Notary to fill In the data below. doing so may prove hnrakoble to persons relying on the dmwnenL ❑ INDIVIDUAL X:E]] CORPORATE OFFICER(S) VICE PRESIDENT TITLEIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTTtY(IES) ALL AMERICAN ASPHALT THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT_ r : XQ-J Ci1sVa •� THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES . ` DATE OF DOCUMENT Though the data requested here is not required by taw. It could prevent kaudulent reattachment of this torn. SIGNER(S) OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Boa 7194 9 Canoga Park. CA 91309-7184 ALL-PURPOSE ACKNOWLEDGMENT No s+ a State ofCALIFORNIA County of ORANGE .4 On 2-18-97 before me, BARBAPLA J. BENDER,_ NOTARY PUBLIC _ DOTS MWE. TITLE OF OFFICER. E•Q'JANE VA.NOTAAY Pv9L+C' Xrsonafly appeared OWEN M. BROWN a a i } () � $� personaltyknown to me to be the personM whose name(l) islaW subscribed to the within Instrument and t acknowledged to me that heiRktq*ft it executed the same In hisiherithelr h COSHANIR �� ENDERI authorized capaclty(i; , and that by WARY I I SLIC_CALIFORM� y hl�signature (� on the instrument ~, ORANGE COCNTY D) the person(o, or the entity upon beha" of 1 r COMAt ExR AIL 13. 2000" whic a personga# acted, executed the YYi �t� �a t at seal r .. s:GNATUart6 I,QTAnv CAPACITY CLAIMED BY SIGNER p 1NMIDUAL p COFWORATE OFFICER(S) ITLElSj p PARTNER(S) p UMITED [] GENERAL ATTORNEVN•FACT p TRUSTEE(S) ❑ CUARDIAWCONSERYATOA ❑ OTHER:._.�....�_..�, SIGNER IS REPRESENTING; NAME OF PERSOM(S) OA ENTITY(tES) SAFECO INSUUNCE COMPANY OF AM$itICA A�OII l'Qr~ A� Y; AIV oup��inston naueauE Wow is OPTIONAL. el co0d PrevMl h4Udy1w 1 anichment Of ;�•e anincete to mA unwn+onze4 doar•+ent THIS CEIT IFICATE Title or Type of Document _INCREASE RIDER, BOND NO. 582 50 74 MUST BE ATTACHED 1 2-18-97 TOTN� D+000MEN7 Numberor Pages ._„_, Dale of Document DESCRIBED AT RIGHT: Signer(s) Other than Nampa Above AIL ANIERICAN ASPHALT _ w. "r Icc l; rc c�< c, . I,.�� • _•. 01992 NATIONAL NOTARI AMOCIAT)ON 0 627E Atimm i Ave.,1'.0. Doi 7104 + Canoga P& R J� rRider for Lnerease of Itablllty, when no stondailsed form is available: G. A. form 9388) �- When used on surety bonds, prrpare for signature of Prine4mlabore Cbmp&V Warure. EXECUTED IN THREE (3) PARTS • INCREASERIDER To be attached to and form a part of Bond No. 582 50 79 , offect1w JUNE 26tte 1996 , Inuad by the SAFECO'INSURANCE CDMPANY OF •- In the amount of AMERICA ' ONE - HONDRID SI7Ci'Y FIVE THOUSAND, NME HMDRED SIXTY EI(M AND NO/100ths — — — — — — dollars (i 165.968.00 ) on behodf of ALL AMERICAN AM-1ALT and In favor of CI`1'Y OF Hi3T`ii�ING'fON BEACH In oonalderatlon of the Inman premium charged for the attached bond In its inonued amount It h mutually understood and agreed as follows:' 1, Subject to ell the terms, conditions, and limltetions of the attached bond, the amount thereof shall be, and the ONE HUNDRED NINEPY THIN THOUSAND, . tams is hanby, Isscr610d to 'IHi TV TWO AND 73/100ths— — — — — — — — — — — — -- — — — — —dollar: . 0 (I 193,032.73), ss tc all loves swtained afar the loth dry of FEBRaARY ,19 97 Z. in no avant shalt the agrepta liability embodied In this bond for one or more laws, occurrin; prior to the told riots excoed ONE HUNDRED NINETY THREE mu AND, naRff Two AND 73/100ths— — — — — — — dollars- (S 193,032.73 ), of occurring after such date ONE HUNDRED NV1EW THREE THOUSAND, _ dollars I�tI 'W f -7%0 AND 73/100th�s— — — — — — — — — (S 193,032.73 ), or In any event the larger of the said two amounts. It is also understood and agrnd that in no event shale the liability embodied In this bond be cumulative. Slp ed, sealed, and dated this 18th date of FEBRUARY ,19 . AIZ AMERICM &SPHALT •e= IA 1 z i+• • m d i a a s +f i %: e POWER OF An ORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AWRICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON ee195 No. , 9164 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint mks mammon Rosso eeeeeeeflWEN M. BROWN, Anaheim, CaIIfornlase eeeeeeeeaeaeeeeeeeeeeaereeeeeeeeeaeee its true and lawful attorney(s)-in-fact, with full authority to.execuie on behalf of the company fidelity and surety bonds or undertakings and other docvnents of a sin0ar character Issued by the compare+ in the course of Its business. and to bind SAFECO INSURANCE COMPANY Of AMERICA thereby as fully as if such instruments had been only executed by its regularly elected officers at its horns office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents R A PIERSON. SECRETARY this Qth dayot January _ - .1923 CERTIFICATE QAY D WLEAN. PRESCENT 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. shalt each have authority to appoint individuals as atrorneys-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 cornpary 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 f aCsirnile 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 Judy 28. 1970. "On any Certifitate BxetUted by the Secretary Or an assistant secretary of the Cc npany setting W. G) The provisions of Article V. Section 13 of iris Dv -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" L k A. Pierson. 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, 1 have hereunto set my hand and affixed the facsimile seal of said corporation ° S-130WEP 1123 .o N 0� RPOR�rfyrp,,, y SEAL i sr 1953 'lfpfIAS'0r�% this 18th day of FEBRUARY 19 97 R A PIERS-Orl SECRETARY De RegiSterad trademark of SAFECO Corporation. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIM}RNIA OPTIONAL SECTION f CAPACITY CLAIMED BY SIGNER County of RIVERSIDE _ - - - Thmo sink" does not require tt,e Notary to tin in the data below. doing so may prove makable to perwns to" on the docunent. Orr'_�,1R4� before me, — pATRICIA M. CQRtxIAD�l Nd'i'ARY PEISLIC ❑ INDIVIDUAL DATE NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PuBUG' CORPORATE OFFICER(S) personally appeared RdaERT BRADLEY VICE PRESIDEdP KWEtSI OF SHC%hER(S) TLTLF IS) yo personally known to me PARTNERS) [] LIMITED to be the personal whose name iS/0@ [] GENERAL subscribed to the within instrument and ac- ❑ ATTORNEY -IN -FACT knowledged to me that hefo,~ executed ❑ TRUSTEE(S) the Same In hisj,RiVL1.t-sl" authorized ❑ GUARDIANICONSERVATOR capacity.rt, and that by hisl@ OTHER. signature on the instrument the person4o, FArrXIAL'CDRONADO C*Tn*WM 0114M or the entity upon behalf of which the -. �� '� person acted, executed the instrument. r SIGNER IS REPRESENTING: WITNESS my hand and official seat. NAME OFPEPSONS)ORENTT"Y%S) p� n ALL AMUZICAN ASPHALT SIWTLAE OF NOTARY . OPTIOftIAL SEC7IOH t, THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMEN ` THE DOCUMENT DESCRIBED AT RIGHT. , NUMBER OF PAGES DATE OF DOCUMENT Though fM data requested here is not required by law, it could prevent fraudulent reattachment of fts Corm. SIGNERS) OTHER THAN NAMED ABOVE Ot M NATIONAL NOTARY ASSOCIATION • 9236 AwwW Ave., P.O. Bar 7164 • Canoga PaAI. CA 91309.7184 i ALL-PURPOSE ACKNOWLEDGMENT State or CALIFORNIA .county of ORfflct • 2-18-97 BA BABA J. BENDER NOTARY PUBLIC On DATE before me, P"E. TRLE of OFFICER • E,0•. •JAh1 Imo. NOTARY PUBLIC' ' ft personaliy appeared OWEN M. BROWN s M OFfr ' $� personaii..known to me Na $+ •9 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER($) IT►ffSl ❑ PARTNER(s) ❑ UMITED GENERAL AT70RNEY4N•FACT to be the persot" whose namem w%xvx ❑ TRUSTEE(S)subscribed to the within instrument and ❑ GUARDIANCONSERVATOR BARBARA J. BENDER acknowledged to me that herg ❑ OTHER: h COMM. #1 97138 8X8cuted the same to his►herltheir ! YOEMYPUBLIC -CALIFORNIA0 authorized capacity(yW, and that by •' OA14EXORANGE JULTY w hi�.signature (z) on the instrument Y cca;I t xP ul_ 13.2000 the person(, or the entity upon beha.f of SIGNER IS REPRESENTING: whit he personoq acted, executed the WE OFPEASC00)ORENTTTYpES) ' in ru nt. ,§AVECQ INURAN� CE CO PANY tti I OF MORICA it a nd eel. ATTENTION t'07MYt Nu wgri tM inM.ma.cn rrigwstw Wow a OPTIONAL. it cool priwnf 114AW-a 1 a1aCh"M al :.`4 rerhAca16 to an • THIS CE11 IFICATE Title or Typo of Document INCREASE RIDER, BOND NO. MUST BE ATTACHED 2-I8--SH 97 TO THE DOCUMENT Number oI Pages _ Dale of Document DESCRIBED AT RICH r: Signer(s) Other tnarl Namso Above ALL AMERICAN ASPHALT 01W2 NATIONAL NOTARY A:,5004LT*N • 9235 A mMt AY9..1-.0. BOA 7184 1 Car*;.l Pa11140 (Rider for tncrrare of 1f46111ry, when no imnda4sed form is available: 0. A. form 9388) When used on eurrry bonds. prepare for Vtnarure ' of Principal above Cbmp&V 01natum. EXECUTED IN THREE (3) PARTS • INCREASE RIDER To be attached to and form a part of Bond No. 582 50 79 , effective JUNE 26th Issued by the SAFECO`INSUWCE CDMPANY OF - In the amount of AMERICA ONE - HU!NIDRFD SIX'i'Y FIVE THOUSAND, • NINE HWDRM SD= EI{M ACID NO/100ths — — — — — — dotiase {i 165,968.00 *a behalf of AIL AMERICAN ASPHALT and In faros of CITY OF HUNTINGPON BEACH 1996 t i In oonsideretlon of the Increase premium charged for the attached bond to Its tr►oreuod amount It Is mutually • updorstood and agreed as follows:' 1. Subject to all the taims, conditions, and llmltstions of the attached bond, the amount thereof shall be, and the ONE HUNDRED NINETY THREE THOUSAND, ' same Is hereby, tttoreased to THIRTY Toro AND 73/100ths— —' — — — — — — — — — — — — — — — — dollars . (s 193,032.73), otto all losses sustained attar the loth day of FEMWMRY ,19 97 2. In no avant shalt the aggmgsto Iltblllty emboCled In this bond for one or more lossol, occurring prior to Ilia sold • date @;coed ONE HUNDRED NINETY Til[iEE THOUSAND, THIIt'1'Y Tiro AND 73/10Dths— — — — — — _dollars• ONE H[J!'lDRID NINETY THREE THOUSAND, (S 193,032.73 ), or occurring after suah date I�tIRTY-TWO AND 73/100ths— do11Yr< (; 193,032.73 ), or In any event the larger of the Laid two amounts. It is tllo understood and agreed th n no event &hil] the liability embodied in this bond be cumulative. Signed, sealed, and dated this 18th date of FEBREPW .19 AM AMERICAN ASPHALT �s rO� OF AMERICA Z C�' • !-Ln -Fact a 1 e ' •O +{'0 KNOW ALL 9Y THESE PRESENTS: POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 03165 No. 9184 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ■■e■■■■■■■■■■■■■■■■■■OWEN M. BROWN, Anaheim, Callfornla�■■■M■■•■e■■■■■■r••■•■■■■■■■"■■■■■■■■■■ its true and lawful attorneys) -in -fact, with full authority to execute On behalf of the company fidelity and Surety bonds or undertakings WA 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 instr mentS had been duly executed by its regutarty elected officers at its home office. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents RA P,ER50N.SFCR£TARY INS 4 t h CERTIFICATE day of January . 19 93 . 060 MWINN�1W­ -- DA14D P&LEAN. PRESOENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: `Article V. Section 13. - FUELITY AND S1IRETY BDtDS ... the President, any Vice President, the Secretary. and WV Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint indviduals 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. of a facsimile thereof. may be inpressed or affixed or in any other manner reproduced: provided. however. Thai the Seal Shall not be necessary t0 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 00 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` L R. A. Pierson, 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 = S-13001EP UO3 .n m I � I+ NFORA�EyrQ- y SEALF N s �l4jf F MAS u`�V��� this 18th day of FEBRUARY A A P;ER50?4. SECRETARY .19 97 "� Registered traaemart of SAFECO Corporation. City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, CA 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 hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title • O "A City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance. «zth Title V1I of the: Ci"zl Rights Act and Equal £mploymcnt Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. _ Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid -wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid. Signature and Title g:cc cashconI C�.ii. 1. • • - L L. L. ...i;. :lIW.-I►►,IaN[SLV L�Ir_lR (Name of Contractor) I 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the Public Works contract entitled 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes 'of the State of California: (if none, state 'NONE") declare under penalty of perjury that the foregoing is truce and correct. Executed at CORONA, CA on this 24TH day of JAMARY - , 197 (Signature of Contractor) ROBERT BRADLEY VICE-PRESIDENT DECLARATION OF SATISFACTION OF CLAIMS state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled , and dated 2. All workers and persons employed, all firms supplSing materials, and all subcontractors for the abode -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection %%ith Notices to Withhold, which have been filed under the pro%isions of the statutes of the State of California: (if none, state "NONE') 3 I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of , 1994. (Signature of Contractor) g•cc'caahcon2 CONron er'ED copy fiOt Compared With Orioina! WHEN RECORDED MAIL TO: Recorded in the County of orange, California CITY OF IWNTINGTON BEACH JGary IIL. I �Granville,j]ICJ l er] k/Recorder Office of the City Clerk It�l 111�.l'.�.�,II;I���t'I(.II;III�I,��I�.1111TI,1I, o ��� P. O. Box 190 Huntington Beach, CA 92648 19970639743 3:04pm 12/12/97 005 28005880 28 50 NOTICE OF C N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owncr in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to All American Asphalt, who ivas the company thereon for doing the following work to -wit: Resurfacing of Various Local Streets - AISG387 That said work :vas completed December 1;1997 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 w Alonday, December 1,1997. That upon said contract 5areco Insurance Company of America nas surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Bcach, California, this 3rd day of Deccmber,1997. z of City Clerk and ex-ofTicio CICTIk of the City Council of the City 7 of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach j I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-effcio 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 `tics duly and regularly ordered to be rrcordcd in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 3rd day of December,199 .. 7 City Clerk and ex-otIicio Clerk of the City Council of the City of Huntington Beach, California g-%r0110%-U& plgs G1fol1o,.cuplccnoc [�4 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK COIF ME BROCKWAY CRY CLERK December 3, 1997 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir; Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.Q. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CBTjc Enclosure: Notice of Completion - All American Asphalt - MSC-387 ccnocdltrX\N1SC-387 - All American Asphalt (Telephone: 714-536-52Z7) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF CO;IIPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, o«ner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to All American Asphalt, who was the company thereon for doing the following work to -wit: Resurfacing of Various Local Streets - 51SC-387 That said work was completed December 1,1997 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 u2s accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 1,1997. That upon said contract Safeco Insurance Company of America N%2s surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 3rd day of December,1997. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA } County of Orange ) ss: City of Huntington Beach ) 1, 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 COh1P=ON 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 3rd day of December,19.9.. City Clerk and ex-otTicio Clerk of the City Councilor the City of Huntington Beach, California CANImwu&WPIP Glfallowupfcenoc PROOF OF PUBLICATION STATE OF CALIFORNIA) ) Ss, County of Orange } I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange.. State of California, and that attached Notice is a true and complete copy as was printed and published - in the Huntington Beach and Fountain Valley issues of said. newspaper to wit the issue(s) of: February 22, 1996 February 29, 1996 March 7, 1996 declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 7, 1995-- at Costa Mesa, California. I Signature PUBLIC NOTICE uuanmles ana opeebtica- �10,00 a.m. of March dons, together wren pro- 19K and shall be openr posal form, ma be ob by .alned at the off ce of the it 1 a Commmee Composr the City Clerk, the Ci NOTICE INVITING SEALED BIDS RISC-382 Director o! Public Works, to City Hall. Huntington Aft and Drector = Notice Is hereby given City that the Council of the Beach, "Itomla. �� or Weir a No bid will be received ' thwlzed representative ar City of HuntlrTton Beach, the results of said blddif unless It to made on a wta be reported to the Cl C&lifornla will recNve sealed bids for the one and blank form furnished by the 1CounCil of said City o! Hu Director of Public Works. ,r�� Beach at their ►au one harf Incn jf tr2"I over- me special attention of 'tar meeh 10 be held i ' lay of various fetal streets in the G•ty of Hurttinglan prospective bidders Is Called to the proposal re- Monday, the 4th a} Apr at the hour of 7:: Basch, Califomia h aC- cordar>Cs with the qusntl- quirement% set forth In the E.m. spedfiCatfons, for tuff dEreo• •puns' Lhe City Court• Chambers In the Civic Co ties and specitttatlons and $pedal provisions on file In Lions as to the bidding. The above quantities are ter of said City of Hu hti the office of the Dirwor of n said approximate only, being actrt ed upon C Public Works. Documents given as a basis for the Council at the regul wl;t be available on Febru- comparison of bids, and ;sung of April 4. 1996. ary 23. 1996. A charge of S25.00, not refundable, Will the City of Huntington The of Hunti i Beach does hot express or be required for each set of by implications agree that Mach, Califomia resew specifications and Ao- the actual amount of work ibid s�andttoraccept tyhe bOr m Comparrying dravAn�S. DIRECTOR OF will correspond therewith but reserves the right to ht !deemed for the best Into PUBLIC WORKS - ESTIMATE crease or decrease the ;" of the City of Hu Angton Beach, California. WORK ITEM: QUAhITTTY amount of any lass or � ; By order of the City Cou on of the work, as may be _ LOCAL STREET I SN- cil o1 the City of Hurnir,gr� deemed necessary Or ex- !Beach. CaT emla this s OV 1. Cold Prue: tS2.D20 S.F. -- Pedler>t by the Director of :ruary 20. 1996. Public wow. 2. Lay Petromat: 186.472 - S.F. All bids vAll be Compared ATTESTS Connie BrOCkwa; 3. A.C. Cap: 1,668 Tone on the basis o1 the Director of Public Works erima!e of �tl Cleric of tho City a. AdJuat Water Valves: 29 . the quantities of work to be Huntington , 13 e a e l FA ' done. . 2000 Main Street - Zr In accordance with the Substttutlon of securities Floor, H u n t i n g t o provisions of Section 1 M of the Code. the Labor for any monies by the City Beech, O o l f f o t n l to insure performance sh21 State of California, Director of she Department of Indus- ' 026" 1714) 53"22 be parmtried In accordance with provisions of the Call. Published Huntingtc trial Relations &halt deter- 1 fornia Govemment Code, Beach-FOWWn • Valley I mine the 96WO pre'i'll" - Section 4590. • dependent February 22, 2 rate of wages. applicable Each bid shall be made March T.19%. -,. to the work to be done; out on a form to be ob- ..024.0: copies of the latest general !dined at the office of the wage rote determinations Director of Public Works, vs on the at the office of Development Wing. 2000 - Ire City Clark and the of- . Fes of the Public Works of Main Street, Huntington ' Beach. California: shall be the Cortyy of Huntington sled and filed with the Besch, Callforrtla..� tty Clerk at the CMG Cetr t $eCor>d Floor Admintr tratlon Buuding, 2000 Main t Street. Huntington Beach. Califomia, on or -before i ��Z CeHF. NBC. ! �f1ILI 97 7 >10A&-1'�t:..' wsj Lis. Council/Agency Meeting Held: /M 12:z 6 o A.. r.L - Deferred/Continued to: II'Approved ❑ Conditionally Approved ❑ Denied , City Cle 's Signature Council Meeting Date: December 1, 1997::L Department ID Number: CY9�-003 A M1TTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: CITY OF HUNTINGTON BEACH W REQUEST FOR ACTION y �.b HONORABLE MAYOR AND CITY COUNCIL MEMBERS RAY SILVER, ACTING CITY ADMINISTRATORQIL'*' LES M. JONES 11, DIRECTOR OF PUBLIC WORKS APPROVE NOTICE OF COMPLETION FOR RESURF CIN OF VARIOUS LOCAL STREETS M.S.C. 387 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachmeli s) All American Asphalt has completed the resurfacing of various local streets. Revenues of $400,238 were encumbered last fiscal year in fiscal Account E-SF-PW-986-3- 01-00 (Materials, Streets). 1. Motion to accept the project and authorize the City Clerk to file the Notice of Completion. Deny acceptance of improvements. 6 REQUEST FOR ACTION MEETING DATE: December 1,1997 DEPARTMENT ID NUMBER: CY98-003 On May 19, 1997, Council awarded a construction contract to All American Asphalt for the resurfacing of 44 residential streets. The resurfacing is complete, at a final cost of $399,397.71 (see Summary below); therefore, the Director of Public Works recommends acceptance of the improvements and requests the tiling of a Notice of Completion. COST SUMMARY Council Approved Actual Contract Work $362,035.00 $399,397.71 Change Orders 36,203.00 0.00 Incidental Expenditures 2,000.00 0.00 TOTAL CONTRACT $400,238.00 $399,397.71 *One of the streets included in this project is Coldwater Drive. Prior to the resurfacing of this street, there were many dips in the pavement. As part of this project .staff directed the contractor to fill in all the dips to insure a smooth surface. This task necessitated additional asphalt materials; thus, the final contract amount is $37,362.71 more than approved. NIA AttachmenW: RCA Author. Les M. Jones 98RCA3.DOC -2- 11/19197 4:09 PM REVISED NOTICE INVITING SEALED BIDS MSC-382 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the one and one-half inch (1 1/211) overlay of various local streets in the City of Huntington Beach, California in accordance with the quantities and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on May 10, 1996. No charge required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE WORK ITEM LOCAL STREET IMPROVEMENT QUANTITY 1. Cold Plane 122,130 S.F. 2. Lay Petromat 438,868 S.F. 3. A.C. Cap 3,939 Tons 4. Adjust Water Valves 60 EA. In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Public Works of the City of Huntington Beach, California. Quantities and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. N-1 • 0 Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 10:00 a.m. of May 30, 1996, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 17th of June, 1995 at the hour of 7:30 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach and shall be acted upon by said City Council at the regular meeting of June 17, 1996. The City of Huntington Beach, California reserves the right to reject any or -ill bids and to accept the bid deemed for the best interest of the -.City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this May 6, 1996. ATTEST: Connie Brockway City Clerk r N-2 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 CITY CLERK LETTER OF TRANSNUTTAL REGARDING ITE;NI APPROVED BY THE CITY COUNCIL/REDEVEI.OPNI ENT AGENCY APPROVED ITEM 1111111" IWAM FA ow City, state, Zip USee Attached Action Agenda Item L ATTENTION: DEPARTAIENT: REGARDIti'G: �Mfd a3�7 Date of Approval / 9 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. 64'� &awor Connie Brockway City Clerk Attachments: Action Agenda RCA Remarks: g Page V Agreement V Bonds Deed Other Insurance —Z CC: Ap ✓ N e N e�rt RCR / Ag, Insurance Other Name Department RCA Agreement Insurance Other Name Department R A Agreement Insurance Other Risk Managemcnt Department Insurance Copy G:Follow ip'agmtrAransltr (Telephony 714-536.52271 CITY OF HUNTINGTON BEA MEETING DATE: MAY 19,1997 DEPARTMENTID ,PCA- 1 BER: PW- 0 X_7w Council/Agency Meeting Held: Deferred/Continued to: VApproved ❑ Conditionally Approved ❑ Denied Oy&.5 Cit Clerk's Signature -7 Council Meeting Date: MAY 19, 1997 Department ID Number: PW-97-408 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION VMITTE D TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS D BY: MICHAEL T. UBERUAGA, CITY ADMINISTRAT PREPARED BY: LES M. JONES II, DIRECTOR OF PUBLIC WORKS SUBJECT: RESURFACING OF RESIDENTIAL STREETS; MSC 387 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On March 21, 1997, All American Asphalt submitted a bid proposal for the renewal of their residential street overlay contract. The 1996/1997 approved budget includes sufficient revenues for this work in fiscal account E-SF-PW-986-390-00 (Residential Slurry). 1. Approve the attached Amendment; thereby renewing All American Asphalt's Agreement for a second year. 2. Authorize a project budget of $400,238 to cover contract costs of $362,035, a change order budget of $36,203 and incidental expenditures not to exceed $2,000. RCAS.DOC -2- 04123197 2:08 PM REQUEST FOR ACTION MEETING DATE: MAY 19,1997 DEPARTMENT ID NUMBER: PW 97-408 Deny approval of amendment and direct staff to re -bid this year's residential street overlays. On June 17, 1996, Council awarded a construction contract to All American Asphalt for the resurfacing of residential streets. Pursuant to Section Five of the contract, the Agreement can be renewed for a second and third year. On March 21, 1997, All American Asphalt submitted a second year bid proposal (see Attachment #1) to overlay forty-four residential streets as identified on Attachment #2. A review of their proposal revealed that the unit costs for each item of work are identical to last years. On April 23, 1997, the Public Works Commission approved staffs recommendation that the Agreement with All American Asphalt be amended to include a second year's work. Therefore, staff recommends approval of the attached Amendment (see Attachment #3) and requests the authorization to expend $400,238 to cover contract costs of $362,035, a change order budget of $36,203, and incidental expenditures not to exceed $2,000. NIA Noble Bid Proposal (Exhibit "A" to Amendment #1 to the Agreement.) 2. Contract Overlay Streets 3. Contract Amendment RCAS.DOC -3- 04123197 2:18 PM 05/19/97 - Council/Agency Agenda - Page 9 All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Approve all items on the Consent Calendar by affirmative roll tail vote. E-1. (City C 'I v (120.65) - Approve and adopt minutes of the City Council and Redevelopment Agency regular meeting of April 21, 1997, and adjourned regular meetings of April 24, 1997, and April 28, 1997. Submitted by the City Clerk [Approved, as corrected-- 7-01 E-2. (CRY 99uncil)i v' Board B (110.20) - Approve the appointment of Tom Sobek as a permanent member of the Mobile Home Advisory Board to fulfill the remainder of Don Caldwell's term which expires August 5, 1997, as recommended by City Council liaisons Green and Sullivan who have reviewed all applications. Submitted by the Economic Development hector [Approved 7-01 E-3. C u [Egging Qf RgsidgnilalC- AgreQment BpAween City And All American Asphalt - Renewal Of Residential Street Overlay Contract (600.50) -Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement between the City of Huntington Beach and All American Asphalt, Inc. thereby renewing All American Asphalt's agreement for a second year and authorize a Project Budget of $400.238 to cover contract costs of $362.035, a Change Order Budget of $36,203, and incidental expenditures not to exceed $2,000. Submitted by the PubligWorks Director [Approved 7-0] E-4. (Cl piehl. Evans And Company_-Wlve-r_Qf Insurance Cancellation Clause (600.10) - Approve and authorize execution by Mayor and City Clerk of the Agreement between the City of Huntington Beach and Diehl Evans 8 Co. for Audit Services to perform the city's annual audit for fiscal years 1996-97, 1997-98, and 1998-99 with waiver of 30 day notice of insurance cancellation requirement. Submitted by the Deputy CityAdministrator- Administrative Services [Approved 7-0] E-5. (City Council) Approval Of Budget For FQLrrth Of July Cglab tlon & Budget Amendment (320.20) -1. Approve the 1997 Fourth of July Parade Budget as presented by the Fourth of July Executive Board and 2. approve an Amendment to the current year budget by appropriating $17,300 to pay for costs for the 1997 Fourth of July Celebration and increase the current year revenue estimates by $19,500. Submitted by ( the Cpmmunity Services Director [Approved 7-0] (9) AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALL AMERICAN ASPHALT, INC. THIS AMENDMENT NO. 1 is entered into this 1� day of by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" and ALL AMERICAN ASPHALT INC., a California corporation, hereinafter referred to as "CONTRACTOR". WHEREAS, CITY and CONTRACTOR, are parties to that certain agreement, dated June 3, 1996; and Since the execution of the original agreement, CITY has requested additional work from CONTRACTOR, and CONTRACTOR has agreed to perform such additional work; CONTRACTOR has submitted its Proposal pursuant to Section 5 of said agreement. NOW, THEREFORE, it is agreed by and between; CITY and CONTRACTOR as follows: 1. ADDITIONAL WORK CONTRACTOR shall provide to CITY such additional services as described as the proposal dated March 21, 1997, which is attached hereto as Exhibit A, and incorporated by this reference. 2. ADDITIONAL COMPENSATION In consideration of the services described in Section 1 above, CITY agrees to pay CONTRACTOR an additional sum not to exceed Three Hundred Sixty -Two Thousand, Thirty Six Dollars ($362,036). S 1 Wa«amnd13131197 r AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALL AMERICAN ASPHALT, INC. THIS AMENDMENT NO. 1 is entered into this „1day of , 1997, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Califomia, hereinafter referred to as "CITY" and ALL AMERICAN ASPHALT INC., a California corporation, hereinafter referred to as "CONTRACTOR". WHEREAS, CITY and CONTRACTOR, are parties to that certain agreement, dated June 3, 1996; and Since the execution of the original agreement. CITY has requested additional work from CONTRACTOR, and CONTRACTOR has agreed to perform such additional work; CONTRACTOR has submitted its Proposal pursuant to Section 5 of said agreement. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR as follows: 1. -ADDITIONAL WORK CONTRACTOR shall provide to CITY such additional services as described as the proposal dated March 21, 1997, which is attached hereto as Exhibit A, and incorporated by this reference. 2. ADDITIONAL COMPENSATION In consideration of the services described in Section 1 above, CITY agrees to pay CONTRACTOR an additional sum not to exceed Three Hundred Sixty -Two Thousand, Thirty Six Dollars (S362,036). 1 3/k/allamnd/3/31/97 3. REAFFIRMATION Except as otherwise specifically modified herein, all other items and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the date first above written. ALL AMERICAN ASPHALT, INC. CITY OF HUNTINGTON BEACH, A municipal corporation of the State of Bv: — Califom1=1 — - Dan 8i6smore, President By. ram. Thomas Toscas, Secretary ATTEST: City Clerk 4444 Mayor AS TO FORM: REVIEWED,_AND APPROVED: M1 AND PROVED: City Administrator Director of Pubic arks 2 3lkfallamndfU31f97 BID PROPOSAL FROM: ALL AMERICAN ASPHALT Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the one and one-half inch (1 1/2") overlay on: See Attached List I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 282,646 S.F. AT Fifteen Cents PER S.F. 0.15 42,246.90 2 954,909 S.F. LAY PETROMAT AT Seven CP_!1tR PER S.F. 0.07 66,843.63 3 8,498 TONS O.'E ;LNM ONE-HALF INCH OVERLAY AT Twenty Seven Dollar_TER TON 27.40 232,845.20 and Forty Cents 4 134 EA. ADJUST WATER VALVES AT one u„nC!rad Ei ,:,tv 03j 1 ar.- PER FA. 150.00 20,100.00 ILI TOTAL 1362,035.73 P-1 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractors compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If'awarded the contract, the undersigned hereby agrees to sign said contract and fumish the necessary bonds within ten (10) days from the date of approval of the contract by the City of Huntington Beach, Califomia. The undersigned understands the contract time limit allotted for the contract is 60 calendar days. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefore. The submission of a bid shaft be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, plans, specifications, and the contract. Accompanying this proposal is _ Bidders Bond _ ($ ?, NOTICE: Insert the words "Cash," 'Certified Check," or 'Bidder`s Bond,' as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 267073-A Robert Bradley Vice President Signature of Bidde Business Address P.O. Box 2229, Corona, CA 91718-2229 Place of Residence Dated this Al' - day of M(: f`. b 19 "1 1 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature P-2 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: All Armrican 6sphalt P.O. Box 2229 2. Address: rmmnq- rA g1 *71 a_»�g -, 3. Telephone: gnn_7,;r,_7rnn , 4. Type of firm -individual, partnership, or corporation: Corporation 5. Corporation organized under the laws of the State of: California 6. Contractor's License Number: 267073-A 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: Dian Sisemore - President, Thomas Toscas - Sec/Treasurer, Rosario Leggio Jr`- V.P. Robert Bradley - Vice President, Mark Luer - Vice President 8. Number of years experience as a contractor in street sweeping work: 27 9. List at least six projects completed or currently under contract as of recent date: DATE CONTRACT CLASS OF COMPLETED OR REFERENCES AMOUNT WORK CONTRACT DURATION NAME, ADDRESS & PHONE NUMBER OF OWNER 650,000.00 July 1994 City of Buena Park 6650 Beach Blvd, Buena Park, CA 90622 160,000.00 1996 City of Westminster 8200 Westminster, Westrrdnster,CA 92683 714-898-3 530,000.00 1996 City of Long Beach 333 Ocean B1vd,Long Beach,CA 90802 310-595-8334 650,000.00 1996 City of San Clemente 714-498-2533 910 Calle Negocio,San Clerrente,CA 92672 320,000.00 1996 City of Carson 701 E. Carson St, Carson,CA 90749 310-830-7600 10. List the name of the person who inspected the sites of the proposed work for your firm: Dave Reynolds 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-3 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work on labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (112) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. if the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except ender the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION OF WORK SUBCONTRACTOR'S NAME AND ADDRESS STATE LICENSE NUMBER CLASS Adjust Water Valvez Manhole Adjusting Inc. 2300 Greenwood Ave, Monterey Park 398443 A By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the. above subcontractor listing. 2. That the City will be furnished copies of all sub -contracts entered into and bonds fumished by subcontractor for this project. P-4 CONTRACT OVERLAY STREETS DISTRICT STREET.-.. _ "."= FROM - TO 118 FAIRVIEW BRIARCLIFF ANACAPA 118 CHATEAU BRIARCLIFF ANACAPA 128 HARDWICK EDGEVIEW END 138 STANFORD CITADEL END 138 HARVARD COLUMBIA END 138 YALE COLUMBIA END 138 BAYLOR ALEXANDRIA END 138 COLUMBIA ALEXANDRIA END 139 PARIS HANOVER END 139 SEVILLA ALEXANDRIA END 139 CUMBERLAND YORKSHIRE END 139 DRESDEN YORKSHIRE END 164 BOARDWALK SAYBROOK iALGONQUIN 186 NEARGATE GRAHAM RAINGLEN 187 WRIGHTWOOD PADUA PRICE 187 MOSS WRIGHTWOOD SPRINGDALE 187 MISTY PADUA LOURDES 187 PADUA SPRINGDALE WHITFORD 198 FIEI_DBURY TALBERT NORBROOK 293 LISA TAYLOR FORELLE 293 GULF TALBERT END 433 DRYBANK COLDWATER EDGEWOOD 433 COLDWATER ADAMS YORKTOWN 436 CORNWALL DERBYSHIRE KESWICK . 436 LEIGHTON CORNWALL END 436 DURHAM VERMONT DERBYSHIRE 436 BURNLEY RALEIGH KENSINGTON 436 CONVENTRY DEVONSHIRE ABERDEEN 436 KESWICK CORNWALL ABERDEEN 436 SIDCUP RALEIGH CORNWALL 443 BOOTHBAY PORT GREENWICH END 443 MILLBRIDGE PORT GREENWICH END 443 CAPE COTTAGE NORTHPORT SOUTHPORT 443 KILKENNY INDIANAPOLIS MALLOY 445 ADRIAN HAZELBROOK END 445 BANCROFT HAZELBROOK END: 453 CRANE SANDPIPER END, 453 KINGFISHER FARNSWORTH CATAMARAN 453 COLIMA SNOWBIRD END,! 453 SEVEN SEAS INDIANAPOLIS DRIFTWOOD 453 ALVARADO MISSION COLIMA 456 NETHERWAY QUEENS PARK IONA ! 456 WOODLEA FRIARSCOURT JURA ' 456 1EFFINGHAM STRATHMOOR LOCKHAVEN R0BtCNT-0VRL"XLS 3114197 Page 1 delap a�c --l—A .5 J/eAlWez �T ��;����CRTtFyC�ATEy QF INSURANCE' p�aouc6R' THIS CERTIFICATE IS ISSUED AS A MATTER OF DATE (MMfOD1YY) 8115/96 RMATION C a l c o Ins Brokers & Agents n t a 9 600 City Pa rkway' West tJ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE P.O. Box 5995 Orange, CA 92853-5995 w141•tO COMPANY 714-937-1824 rf A Calif Casually Indemnity Exch SURER coLPANY All American Asphalt `}ZIACJ nj,SL ,Pr B Insurance Co. of the West P.O. Box 2229 COAPANY Corona, CA 91718-22 5/� 2/fT C Clarendon National Insurance GOLPANY D COVERAGES x,r n::;;>:::. .. , . ...::. ' �....................... x;x:w. z fi M, IRS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVEPOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TEFtM OR CONDITIONOFANY CONTRACTOR OTHER DOCUMENTWITH RESPECT TO WHICHTHiS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM1D0fYY) POLICY EXPIRATION DATE (MIAMON Y) LIMITS OENERALLIABLITY GENERAL AGGREGATE S 200000C X PRODUCTS-COMP/OP AGa S 100000C C CO+B.ERCIALGENERAL LIABILITY TNCO698951059 8/01196 8101/97 CLAIUS MADE El OCCUR PERSONAL s ADV INJURY S 10 0 0 0 0 E EACH OCCURRENCE S 100000C OWNUM&CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) S 5000C I+ED EXP (Any one person) t AUTOMO BLE LIAB LM col.+elNED SINGLE LIMIT s X 13 ANY AUTO XH0140949001 8/01196 8/01/97 100000C BODILY INJURY (Per person) = ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS WX4-OWNED AUTOS ryry �� •�• EII:IaOS r� M - NT Al 1 ,'.... , X X BODILY (NARY (Per accident) = PROPERTY DAMAGE _ OAl1µYLIABDLITY O f . K TQ TO 1',OP4d, C-~1 ti• TOgl Ey kl. DOILY - EA OTHO ER THAN AUTOONLY.S EACH ACCIDENT S AGGREGATE S aXCESSLIADIM 1MWELLA FORM OTFEA THAN UMBRELLA FORM r i _r Y f°rne EACH OCCURRENCE S AGGREGATE f S WORKEI►S COMPENSATION AND XI STATUTORY LIMITS A EMPLOYERS'LIABLITY WCSSDI199702 8/01/96 8/01/97 EACH ACCIDENT f 2000001 TFE PROPRIETOR/ PARTNERS/EXECUTIVE IINCL DISEASE •POLICY LIMIT S 200000E DISEASE - EACH EMPLOYEE S 20000D1 OFFICERS ARE EXCL OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHiCLESISPECML ITEMS RE: All jobs and operations of the blamed lns'd. Waivers of Subrogation apply to WC, GL & Auto. Cert'holder Is Addt'l Ins'd per End. CG2010 attached 30 daV notice of cancellation exce t 10 days for non— a ment of premium. x GI`RTIFf. .... FiOLDER.x,4:ut. :v h:. �..mti. .. w . .:kw. ..M:>x M CANCELLATIDfV v� wA x Y rwwc x.x v:�kw �s SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WLLXNMMYA MAL City of Huntington Beach ws 30 DAYS WRRTEHNOTTCETOTHE CERTIFICATE 14OLVERNAMED ToTHE LEFT, P.O. Box 190ili>?i2EyS�4+lSo'6+�iX�1'oX,XoiIX�ILYiiIr 17371 Got h a r d Street Xxo KnXd4JC�ii�i+i(K i(T+lklir'dfk Huntington Beach, CA 92648 AUTHORIZE REP"#5�TALIY$� 530110, L (� wj 1 ACORD 25•S 3J93 >:::::•:.:°:'. :':::': :: ACORD CORPORATION IS! INSURED: ALL AMERICAN ASPHALT POLICY NUMBER: TNC0698951059 COMMERCIAL GENERAL LIABILITY EFFECTIVE:'AUGUST I, 1996 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Huntington Beach, its Agents, Officers and Employees as additional insured 2000 Main Street Huntington Beach, CA 92648 Qf no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.} WHO IS AN INSURED (Section 11) is amended to Include ;a -a nsured the person or or anization shown In the Schedule, but only with respect to liability arising out of'your wor or nsure y or for you. CG 20 10 1185 Copyright, insurance Services Office, Inc., 1984 CONFIDENTIAL RECORDS Pursuant to Government Code §6245B b. Attorney -Client Privilege Date 9/5/96 Title Agreement with American Asphalt `umber Insurance Requirement Modification Motion Second by _ Vote by by WIN Signature Yes N'a Joe BAW'on SignatureAg- A__Yes 1"0 Pat Dap • s / Sianature Yes V No ren Fos r Aiotion Passed Motion Failed a yffftVseftcrvfwaVi14,SS Recorded In the County of orange, California Gary L. Granville. Clerk/Recorder ��i4 rli:� i i'i!1'1f1Ali"�".;l I.'.fil'.°ill.'s'l� No Fee wl-1ENlzECOlzD�ol�rAn.TO: CITY OF HUNTINGTON BEACH 19970121883 04;30PC1 03120197 Office of the City Clerk 005 26009766 26 170.0.00 0.00 o. oo P. O. Box 190 N12 Huntington Beach, CA 92648 NOTICE OF C0:11PLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, omncr in fee, 2000 Main Strcct, - Huntington Beach, CA 92648, that the contract heretofore av,2rdcd by the City Council of the City of Huntington Beach, California to All American Asphalt who was the company thereon for doing the follov►7ng work to-1Y1t: Resurfacing Of Various Local Streets; M.S.C. 382 2� That said work ivas completed February 3,1997 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 w-as accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 3.1997. That upon said contract Safeco Insurance Company of America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 12th day of March,1997. City Clerk and ex6ficio Clcrk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orangc ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-oflicio Clcrk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COVI PLETION is true and correct, and that said NOTICE OF CONVLETION m-as 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 12th day of March,1997.. This doetuaent is solely for the official buss r-e n" the City - of Huatingt.on = as contem- City Clerk and ex-offr . Clerk . plated Lando. .ment Code of the City Council of tlic City Sec. 6103 and should be recorded of Huntington Beach, -California free of charge. for tre g:lf0"0%&w Pnuplg3Th15 dart��tent is solely - - official b•":inebr-n of the City of ila:itlr.�. or. t-.�:; ,�:� cortem- Eo �; Code sec, C'_:i3 Ord sirs Co recordtr- G1follo, up/ccnofrco o: charge. Tax- Exempt -Government Agency CITY OF HUNTINGTON BEACH nnEc Brockway, CIAC City_ k By: Jf 'Peputy City perk CITY OF HUNTINGTON BEACH MEETING DATE: February 3,1997 Council/Agency Meeting Held: _46147 Deferred/Continued to: eA Council Meeting Date: ❑ Denied February 3, 1997 (tY — DEPARTMENT ID N BER:PW 9.,.7- 402 City Clerk's Si ature Department 1D Number: PW 97- 402 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU iL MEMBE "% �!_ ., BMITTED BY: MICHAEL T. UBERUAGA, CITY ADMINISTRATOR �E M. ONES II DIRECTOR OF PUBLIC W RKS , PREPARED BY. L S J 0 SUBJECT: APPROVE NOTICE OF COMPLETION FOR RESURFACING OF �� ir" VARIOUS LOCAL STREETS M.S.C. 382 Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Attachment(s) 'IV," All American Asphalt has completed the resurfacing of various local street Funding Source: Revenues of $187,566 were encumbered last fiscal year from Account E-SF-PW 986-3-01- 00 (Materials, Streets). However, the final project costs are $10,673 more than budgeted. Sufficient revenues are available in this year's Street Materials Budget (i.e. E-SF-PW-986-3- 01-00) to cover the additional costs. 1. Accept the project and authorize the City Clerk to file the Notice of Completion. 2. Approve an additional expenditure of $10,673, thereby increasing the project budget to $198,259. E / RCA4.DOC -2- 0112319T 3:35 PIA REQUEST FOR ACTION MEETING DATE: February 3,1997 DEPARTMENT ID NUMBER:PW 97- 402 Do not increase the project budget and reject acceptance of the improvements. On June 17, 1996, Council awarded a construction contract to All American Asphalt for the resurfacing of sixteen residential streets. The resurfacing is complete, at a final cost of $198,259 (see Summary below); therefore, the Director of Public Works recommends acceptance of the improvements and requests the filing of a Notice of Completion. ouncil Approved :` x''vActual Contract Work $165,968.86 $177,033 1.) Change Orders 16,597.00 16,000 2.) Incidental Expenditures 5,000.00 5,226 3.) TOTAL CONTRACT $187,565.86 $198,259 4.) 1.) Actual field quantities for Cold Planing, Paving Fabric and Asphalt Concrete were greater than estimated; therefore, the cost of the Contract Work exceeded the approved budget by $11,064. 2.) Gentry Lane, a residential street northeast of Heil Avenue and Springdale Street, is located in an area containing large amounts of peat. As a result, the street had sunk considerably. This sinkage required immediate repair to insure the flow and drainage of storm waters. Therefore, this street was added to the project. The cost of this Change Order is $16,000. 3.) Existing manhole structures must be adjusted to meet the height of the new pavement. The cost of new raiser rings was not included in the contract. Therefore, staff purchased 50 cast iron rings at an Incidental Cost of $5,226. 4.) The total cost of this project is $198,259. Therefore, the approved budget needs to be increased $10,673. Sufficient funds are available in 1996/1997 Street Material Budget (i.e. E-SF-PW-986-3-01-00). Therefore, the Director of Public Works recommends approval of this additional appropriation. RCA4.DOG 52 01/23197 3:35 PM REQUEST FOR ACTION MEETING DATE: February 3,1997 DEPARTMENT ID NUMBER:PW 97- 402 WI TI A; ,u-i City Clerk's Page Number RCA4.DOC -4- 01123/97 3:35 PM 1, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 3, 1996 All American Asphalt P. 0. Box 2229 Corona, CA 91718-2229 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the 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 the Public XVorks Department, 536-5441. Sincerely, Connie Brockway, CHIC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance gAllow pkuhm (Telephone: 714-536.5227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALL AMERICAN ASPHALT, INC. FOR THE APPLICATION OF ONE AND ONE-HALF INCH OVERLAY INCLUDING COLD PLANING, LAYING OF PETROMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NOWASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY FEES 15 32. ENTIRETY 15 3,Vattamwri/6nl96 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALL AMERICAN ASPHALT, INC. FOR THE APPLICATION OF ONE AND ONE-HALF INCH OVERLAY INCLUDING COLD PLANING, LAYING OF PETROMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS THIS AGREEMENT, made and entered into this , 3 rd day of June , 1996, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and ALL AMERICAN ASPHALT, 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 application of one and one-half inch overlay including cold planing, laying of petromat, and adjusting water valves on various city streets in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except 311allameri/6106 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 W RK• PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. f "Contract Documents" as defined herein mean and include: A. This Agreement; } B. Bonds covering the work herein agreed upon; .I C. The CITY's standard Plans and Specifications and special contractual iI 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; 2 WallameW617M D, The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern Caiifomia 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 by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Sixty Five Thousand Nine Hundred Sixty Eight Dollars and Eighty Six Cents ($165,968.86), as set forth in the Contract Documents, to be paid as provided in this Agreement. 3 Wallameril617/96 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 calendar days from the day the "Notice to Proceed" is Issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters Concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. This Agreement may be renewed for a second and third year with approval of CONTRACTOR's proposal for the second year and the third year and, subject to City Council approval of this Agreement. 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. 4 3, &)Umeri &7M6 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 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 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 shalt be limited to a time extension equal to the delay due to such unavailability. 8. B NOS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attomey: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the 5 3,k d1mrbC '6r1/96 amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials fumished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED_DAMAGESIDELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Hundred Twenty -Five Dollars ($125) per day for each and every working day's delay in completing the work in excess of the number of workinglcalendar days set forth herein, which represents a reasonable 6 3.V&11wrff r6n1'96 endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by 7 s:V&1ssnros 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; (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 8 3%klallameri/617r96 the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate In writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 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 taw, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the worts. 9 3 k allamerV6i7196 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive Interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. V. 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. INDEMNIFIQATION, DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, Indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be 10 WallanxW617196 reimbursed by CONTRACTOR for all costs or attorney 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 workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect 11 3,'k/�llamai/6r1/9b during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of Insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each tamer and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder 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. 12 34h11amai16n/96 22. DEFAULT AND TERMINATION If CONTRACTOR falls or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 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. NOWASSIGNABILITY 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 OFFIQIALS 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 of seq. 13 3,V&11AnwA/6n1% 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. reAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 14 Walla ww6nl% 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'$ FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 15 7,V&16merV6P7/96 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On IQ:1 o'4 tr - before me, PATRICIA M. OORONADO, NOTARY PUBLIC ' [ATE NAM F_ THE OF OFFICER . E.C+.. -BANE DOE. NOTARY PUBLIC personally appeared _ Tf "lAS 70SCAS, NAMES) OF S*NEFgS) - personally known to me OR Ej to be the person(t) whose name(%) ll&to i i subscribed to the within instrument and ac- knowledged to me that hek;t,� executed the same in his/hef/P%jr authorized FAiibCAkCORONAOO capacitypV), and that by hisfthqlRfe#r Catrrtltkn01X=4 signatureQ4 on the instrument the personQS), ��Cats'b or the entity upon behalf of which the My Comm Eom An'017GOD person) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY Na 5193 i OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though st %as doss rwt require the Notary to fill In the data below, doing so may prove wMak abis ID pees" retykv on to doaxnsrL INDIVIDUAL )CM CORPORATE OFFICERS) TM.E(S) PARTNER(S) LIMITED ` GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIANICONSERVATOR OTHER. SIGNER IS REPRESENTING: NAME OF PER.SO AS) OR ENTITY(!Es) ALL AMMCAN ASPHALT OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT CA C THE DOCUMENT DESCRIBED AT RIGHT: . NUMBER OF PAGES � DATE OF DOCUMENT It ow.Ad Though prtrvenl tr reanacm hern ►s l by law. SIGNER(S) OTHER THAN NAMED ABOVE �-' - Sc DIt 01 M NATIONAL NOTARY ASSOCIATION • 6236 Hammet Ave., P.O. Box 7134 9 Carlogtt Park. CA 91309-7164 ORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ,�1 On 7- 40 before me, Donna Thorne, Notary Public DATE NAME. TITLE OF OFFICER - E.G.,'JANE DOE. NOTARY PUBLIC personally appeared Dan D. Sisemoce ' NAMES) OF SIGNERS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are t subscribed to the within instrument and ac- knowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(les), and that by his/her/their DONNA THORN E signatures) on the instrument the person(s), LQOMV COMM. # iLU chf Natnry Public — CaGfominGIVE141DE or the entity upon behalf of which the COUN1Y persons) acted, executed the instrument. Comm. Expires NOV 11.1997 WITNESS my hand and official seal. TI11S CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Through the data requested here is not required by law, it could prevent fraudulent reattachment of ttus form. `t-LM/Yl SIGNATURE OF NOTARY No. 6193 ■�� OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not requrs to Noisy to fill In the date below, doing so may prove invaluable to persons n" on the dourrnsm [] INDIVIDUAL ® CORPORATE OFFiCER(S) President: TITU(S) PARTNER(S) 0 LIMITED GENERAL [� ATTORNEY -IN -FACT [] TRUSTEE(S) []GUAROW41CONSERVATOR OTHER. SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) All AmerlrAn A =Pba t OPTIONAL SECTIOR , . TITLE OR TYPE OF DOCUMENT NUABER OF PAGES Z &_ DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED 01992 NATIONAL NOTARY ASSOCIATION - 6236 P4mnW Ave, P.Q. Sox 7184 0 Canoga Park, CA 91309.7194 f 32. ENTIRETY The foregoing. and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. ALL AMERICAN ASPHALT, INC. �^ By. ,Don Sisemore, President By: THOP BA TMrA'.;' cFr4=rAS11RER print name ITS: (drde ons) Secretary/Chief Financial Officer/Asst Secretary - Treasurer City Aaministrator 5.ee.. CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California GC.c� Mayor ATTEST: City Clerk y APPROVED AS TO FORM. &ity Attomey kft 41,01q � d�c ZTIA-I'EV� AND PROVED: %^ r Director of Public Works 16 3jV&llvrxW&7196 f (Below space For City Clerk's Use -only) Council/Agency Meeting Held: 1- Deferred/Continued to: roved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: June 17,1996 Department ID Number: REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUN MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: LES M. JONES 11, Director of Public Works NS SUBJECT: RESURFACING OF VARIOUS LOCAL STREETS; MSC-382 Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) Statement of Issue: Pursuant to City Council approval of May 6, 1996 bids were received May 30, 1996 for the resurfacing of various local streets. Funding Source: The 1995/1996 approved budget Includes sufficient revenues for this work in fiscal account E-SF-PW-986-3-01-00 (Materials, Streets). Recommended Action: 1. Accept the low bid submitted by All American Asphalt, and approve Sample Construction Contract as previously submitted and approved by Council on February 20, 1996. 2. Authorize the Director of Public Works to expend $187,566 to cover contract costs of $165,969, unanticipated Change Orders not to exceed $16,597 and incidental expenditures no greater than $5,000. Alternative Action(s): 1. Award a contract to an alternate bidder. 2. Reject all bids and forego the resurfacing of various local streets. I I P t'L REQUEST FOR COUNCIL ACTION RESURFACING VARIOUS LOCAL STREETS; MSC-382 Analysis June 17, 1996 On February 20, 1996, Council approved the plans, specifications and Sample Construction Contract for the resurfacing of nine residential streets. On April 1, 1996 all bids received March 7, 1996, were rejected by Council because of an error in the estimated cost of the project. On May 6, 1996, Council approved the revised plans and specifications and authorized the Director of Public Works to rebid the project for the resurfacing of sixteen residential streets. Bids as summarized below were received and opened on May 30, 1996. CONTRACTOR BID AMOUNT All American Asphalt $165,968.86 Sully -Miller $173,035.04 R.J. Noble $174,954.89 Industrial Asphalt $175,991.72 Ruiz Engineering $178,772.32 Excel Paving Company $184,970.39 Sequel Contractors $200,329.90 Based on a review of each bid, it is recommended that the low bid submitted by All American Asphalt be accepted. Furthermore, staff requests approval of: 1. The Sample Construction Contract, as previously submitted and approved by Council on February 20, 1996. 2. A $187,566 project budget. This amount includes a $165,969 for contract work, $16,597 for any unanticipated Change Orders and $5,000 for incidental expenditures. Environmental Status: NIA Attachments(s): PAGE NUMBER 1. Sample Construction Contract 42.RCA -2- 6f 11196 10:03 am H E3 CITY OF HUNT ING` ON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 12, 1997 Gary Granville County Recorder P. 0. Box 238 Santa Ana, California 92702 Dear Sir; CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, 67U'1.� Connie Brockway City Clerk CBrJc i Enclosure: Notice of Completion - M.S.C. 382 - All American Asphalt __ (Telephone- 714-536.5227) • HEN:7 KIC)Ai BEACH TO: CITY OF HUNTINGTON BEACH r INTER -DEPARTMENT COMMUNICATION THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTIONS� PAYMENT� �� f� ���� n • DATE: The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. AN T. VI LELLA, Director of Finance I certify that no stop notices are on file on the subject at this time. Date: 4� / z9-- Of /I• LES JON S Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY, CoClerk I certify that there are no outstanding invoices on file. Date: SH F I FRIEDENRICH, City Treasurer 0011042.01 07118/96 10:46 AM w BID PROPOSAL FROM ALL MERICAN ASPHALT Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the One and one-half inch (1 1/20) overlay on Giarc Lane, Royer Circle, Parker Circle, Camel Circle, Lamar. Drive, Ross Lane, Fairlane Circle, Susan Lane, Hazelbrook Drive, Miramar Lane, Dorsett Drive, Poston Lane, Sable Drive, Morgan Lane, Liberty Avenue, and Ronald Drive (M.S.C. 382) I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices,' to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 122,130 S.F. COLD P AT PER /6113/7..S S.F. , /S 2 438,868 S.F. LAY P TROMAT o. D7 3 pi 7a 0, AT PER S.F. 3 3.939 TONS ONE AND ONE-HALF INCH OVERLAY 1/0/d7, AT'Tl.✓i� r�, �i1/-VC PER TON 7 9,ir 4 60 EA. ADJUST WATER VAL ATV,- iG.� 1 QZAgy PER EA. � a �J,000. - i65: 9�s. TOTAL P-1 State of Ca 1 i forn is County of. Riverside S.4 � V� Donna Thorne, Notary Public On before me. - DATE n+me. nnE of aFFCM • ta..'0M oo$. NOTOar PU&V personally appeared_ Rosario Leggio, Jr. , AAC51 as SWOOw31 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence ' to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that helshe/they executed ' the same in his/her/their authorized 'r capacity(ies), and that by his/her/their ,:' DrJ�vPJA fiNOR ` � • tvI: signature(s) on the instrument the person(s), COMM. # Iap,63 �44:.;•.r+' Callf0min or the entity upon behalf of which the executed the instrument. R,v�r+s� CE COI:,yry A MY person(s) acted, Comm, Flues Nov 11. 1997 WITNESS my hand and official seal. SIGMT,Eae OF 140TAAY � OPTION& SECTION CAPACITY CLAIMED BY SIGNER Th%0 ataaae am to reams• rw Noory to rig in the data betaw. doing pro way pr4Ye myeks a to pwwm M" an rn doamax Ij INDIVIDUAL J3 CORPORATE OFFICER(S) Vjre-President - TT UNQ [3 PARTNEKS) 0 LIMITED p GENERAL p ATTORNEY4N-FACT 0 TRUSTEEIs) [3 GUAROIAN/CONSERVATOR ❑ oTHEA: SIGNER IS REPRESENTING: t" OF P00000 sl OR ortrrr(Xs) All Aw rj r-a n E gpya l t OPTIONAL S€CTIO THIS CERTIFICATE MUST BE ATTACHED TO TRLE OR TYPE OF DOCUMENT G �_t4C L� 4-1— 115 THE DOCUMENT DESCRIBED AT RIGHT: �,� G_ G NUMBER OF PAGES DATE OF DOCUMENT _ c �QIC Though r,e data nqueued here a not repured W taw. E caw PVMd kau*AW* nannownem of tha twm. SIGNER(S) OTHER THAN NAMED ASOVE SI M NATIONAL (VOTARY ASSOCiAnON 9 &M Rees- Ave.. PA. 8aat 1144. C,rwgs Pant. CA 913Wi Sb4 lUs understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned understands the contract time limit allotted for the contract is 60 calendar days. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, plans, specifications, and the contract. Accompanying this proposal is _ STMERS MW ($ 10% ]. NOTICE: Insert the words `Cash,' 'Certified Check,' or 'Bidder's Band," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington: Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 267{�73 y ROSARIO LFGGIO JR. VICE PRBS Signature of Bidder Business Address P.O. BOX 2229 CORONA: CA 91718-2229 Place of Residence HFSPFRIA; . CA r Dated this 2kTH day of AiAy . 19 9A Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received P-2 Bidder's Signature - PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: ALL M(ERICAN ASPHALT 2. Address: P.O. BOX 2229 CORONA, CA 91718-2S29relephone: 909-736-7600 4. Type of firm -individual, partnership, or corporation: CORPORATION 5. Corporation organized under the laws of the State of: CALIFORNIA 6. Contractor's License Number: 267073 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: DAN SISEMORE - PRES ROSARIO LEGGIO JR. - VICE PRES THOMAS TOSCAS - SEC/TRES MARK LUER - VICE PRES i ROBERT BRADLEY - VICE PRES 8. Number of years experience as a contractor in street sweeping work: _ , ?,Z S. List at least six projects completed or currently under contract as of recent date: DATE CONTRACT CLASS OF COMPLETED OIL REFERENCES AMOUNT WORK CONTRACT DURATION NAME, ADDRESS & PHONE NUMBER OF OWNER ' y 06 Buena PaAk 714-362-3500 650, 000. emove/nept'a a Jaty 1994 Suena Paxk, CA City o f Weatmi.naterc 714-898-3311 600, 000, emove/nepta a Augu6 t 1994 WezbninsteA, CA City o6 Long Beach 310-59578334 550,000, emoueAe .Lae SeptembeA 1994 Long Beath, CA f 4 1 10. List the name of the person who inspected the sites of the proposed work for your firm: r � 4 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive'to permit an appraisal of his current financial condition. P-3 , .• DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act' being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work on labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractors total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. if the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION OF WORK NAME AND ADDRESS STATE LICENSE NUMBER CLASS W 1 v{J /SUBCONTRACTOR'S ep 3 CO r"wrlw oov rfi �9�' 14 By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by subcontractor for this project. P-4 OVERLAY ON GIARC LANE, ROYER CIRCLE, PARKER CIRCLE, CAA{EL CIRCLE, LAMAR DRIVE,i ROSS LANE, FAIRLANE CIRCLE, ETC. BIDS: MAY 30, 1996 0 10:00 AM Ctly' v� y HUHTIti•r,TC'r, { F. A Tterrcacn i spt P.O. BOX 2229 CORONA, CA 91718-2229 i I TO: CITY OF UNTINGTON BEACH ? CITY CLE KS OFFICE 2ND FLOC HUNTIN N BEACH, CA I R URN REQUESTED I 4 COPS' TO: SHEILA GENEIL MSC-382 May 30, 1996 10:00 AM Engineer's Estimate: $250,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. All American As halt 1�5 9G8. 2. Excel Paving -Company 11 q q 70.3 `% 3. Industrial A_s halt 175 q ql ' 7-L $ 4. Pavement Recycling Systems G. R. J. Noble Coml2nny q �7�i �S�• �1 G. Ruiz En inecrin $ 17r 7-7.;7—' 3 ;Z, 7. Sc uel Contractors a iqO/ 3Xcl • 9 0 8. Silvia Construction $ 173 0O q 9. Sully -Mille r 10. S 11. S 12. S 13. S M. 172G8 pg 3 r SHEET 1 OF 2 SHEETS CITY OF HUNTINGTON BEACH, CALIF. BID SUMMARY SHEET FOR: ONE AND ONE-HALF INCH OVERLAY ON GIARC LN, J A4 DEPARTMENT OF PUBLIC WORKS ROYER CR, PARKER CR, CAMEL CR, LAMAR DR, ROSS LN, FAIRLANE CR, SUSAN LN, BIDS OPENED MAY 30, 1996 HAZELBROOK DR, MIRAMAR LN, DORSETT DR, POSTON LN, SABLE DR, MORGAN LN, LIBERTY AVE, AND RONALD DRIVE MSC-382 ENGINEERS ESTIMATE: $250,000 CC NO AHFP NO BIDDERS ALL AMERICAN . ASPHALT SULLY -MILLER R.J. NOBLE COMPANY INDUSTRIAL ASPHALT No ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 COLD PLANE 122.130 S.F. 0.15 18,319.50 0.12 14,655.60 .115 14,044.95 .145 17.708.95 2 LAY PETROMAT 438.8" S.F. 0,07 30,720.76 0.00 35,109.44 .08 35.109.44 .065 28,528.42 3 ONE AND ONE-HALF INCH OVERLAY 3.939 TONS 27.40 107.928.60 30.00 118.170.00 29.50 116.200.50 30.55 120,336.45 4 ADJUST WATER VALVES 60 EA. 150.00 9,000.00 85.00 5.100.00 160.00 900.00 157.00 9.420.00 TOTALS $165.9fi8.B6 5173.035.04 S174.954.89 $175.991.72 SHEET 2 OF 2 SHEETS • CITY OF HUNTINGTON BEACH, CALIF. BID SUMMARY SHEET FOR: ONE AND ONE-HALF INCH OVERLAY ON GIARC LN, J �4 DEPARTMENT OF PUBLIC WORKS ROYER CR, PARKER CR, CAMEL CR, LAMAR DR, ROSS LN, FAIRLANE CR, SUSAN LN, BIDS OPENED MAY 30, 1996 HAZELBROOK DR, MIRAMAR LN, DORSETT DR, POSTON LN, SABLE DR, MORGAN LN, LIBERTY AVE, AND RONALD DRIVE MSC-382 ENGINEERS ESTIMATE: $250,000 CC NO AHFP NO BIDDERS RUIZ ENGINNERING EXCEL PAVING COMPANY SEQUEL CONTRACTORS No ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 COLD PLANE 122.130 S.F. 0.15 18.319.50 .11 13,434.30 0.15 18,319.50 2 LAY PETROMAT 430AM S.F. 0.066 37,303.78 .08 35.109.44 0.10 43,886.80 3 ONE AND ONE-HALF INCH OVERLAY 3.039 TONS 29.36 115.649.04 32.35 127,425.65 32-40 127,623.60 4 AD3UST WATER VALVES 60 EA. 125.00 7.500.00 150.00 9.000.00 175.00 10.500.00 TOTALS $178.772.32 $184.970,39 S200.329.90 FBids Receivedj�dt- J� COPY TO: Dated SHEILA • GENEIL MSC-382 May 30, 1996 10:00 AM Engineer's Estimate: $250,000 BID LIST BIDDER'S NAME BANK TOTAL BID AMOUNT 1. All American As l alt 2. Excel Paving Company 3. Industrial Asphalt 4. Pavement ReqXcling Systems 5. R. J. Noble Company V/ $ G. Ruiz Engineering $ 7. Sequel Contractors 8. Silvia Construction 9. Suil -Miller 10. 11. $ 12. 13. $ 14. 172GR pe 3 I Bond No. That we, CHUBB GROUP OF INSURANCE COMPANIES III F1rnud lin Vow., [I•I:ul. I'() I'e'• Vlan,>n 11 .bo•[ny 11r4IF; I If'. If. BID BOND FEDERAL INSURANCE COMPANY Amount $ Know'AII Men By, These Presents, Sequel Contractors, Inc. (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 ($ 1 0% ), 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 26th A. D. ninelnen hundred and 96 WHEREAS, the Principal has submitted a bid, dated for Overlay of Various Streets MSC-382 day of May 30 May , 19 96 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 iat!er amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Sequel Contractors, Inc. Prin ipat �- By:•- hawTi A. Sm4h, Assist. Soc. FEDERAL INSURANCE COMPANY Douglas A. Rapp Attorney in Fact " +r1) ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 5/28/96 bcrore me,_ _ Christine_M. Rapp, _ Notary Public Date Name,Title of officer. e.g. "Jane Doe. Notary Public" personally appeared _I2nl.>_g-] nS A- p;jpj Names(s) of signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signaturc(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, ."'�ciSI',VE J,1. RAFP nor zPUS# 959193 UC - CI..:FOrZ1CN '/ d Cra:.ge co--�ty ]] /. G �w. by COM R Ex a. es J�1. 9.1996 -+ signature of Notary ` / ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL. SECTION/ CAPACITY CLAIMED BY SIGNER �Individual(s) ,Corporate Oflicer(s) Titic(s) SIGNER IS REPRESENTING: Name of Persons or entity(ies) _Partner(s) _Attorney -in -Fact Other POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mourstain View Road. Warren, NJ OM59 (908) 580-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed. and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California each its 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 arty of the following classes, to -wit: t. Bonds and Undertakings (other than Bail Bonds) Fried 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 16 such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations 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. Mrkers' 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 Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 10t:h day of • March 1994 Corporate Seal . .1�4•;f2!!.�tr�,� Kenneth C: Wendel Asslstant Socrotsry STATE OF NEW JERSEY � ss County of Somerset FEDERAL INSURANCE COMPANY By �'�l� CLt.Gtrc' Gerardo G. Mauriz Vice Pmsidsnt On this 10th day of March 19 94 , before me personally came Kenneth C. Wendel tome known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney. and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seat thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notariaf Seal < F. ect Acknowledged and Sworn to before me on the date above written. • .-Ail . � T f� Notary Public bo Jeorr'` V X4MA. XAVOM 1!sttic. S:Rt, of lie w recmy No. 2055121 C.oea�:�aiao F.xpira; occo;ao• 2. 1"41 r wm ,sao+3+ jRw ,ays> GENERAL LtL%v 15M ut% ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles o `► �before me � aY L. JACKSON, NOTARY PUBLIC S,nv ate Narne. Title of 0Mccr . e.g. "Jane Dot. Notary Public" personally appeared Shawn A. Smfth, Aasisl. Stec:. Names(s) of Signers) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, _ STACY L JACKSON { COMM. 4982348 ice' l rt� �r 0�' NOTARY PUBLIC. CALtFCAKIA LO3 ANGELES COc;rrr.• sif.Ra(LL17Te 0('Namr;r ATTENTION NOTARY: Although the information requested below is OPTIONAL- it could prevent fraudulent 2ttachment of this certificate to unauthorized documents. THIS CERTIFICATE 1IUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER �Individual(s) —Partner(s) _attorney -in -Fact „Corporate —Other Officer(s) 'ritictsl SIGNER IS REPRESENTING: Name of persons or entity(ics) SEQUEL CONTRACTORS, INC. CHUBB GROUP OF INSURANCE COMPANIES J A lit.juu ICI t.11luld.lul Vwv. li.m,l I' 11 114m l+ll'1 W-111l•11, I!1 :, .I. 1:.1.; n,rv111 Illlll FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know Al! Men By These Presents, That we, PALP Inc. dba Excel Paving Company (hereinafter called the Principal), as Principal. and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the taws of the State of Indiana, (hereinafter called the Surely), as Surely, 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 (5 10% ), for the payment of which we, the Bald Principal and the'ald Surely, bind ourselves, our heirs, executors, administrators, auccessora and assigns, Jointly and severally, firmly by these presents. Sealed with our seals and stated this' 16th day of May A. D. nineteen hundred and 96 WHEREAS, the Principal has submitted a bid, dated IIay 30 for Overlay on Giarc Lane (MSC 382) , 19 96 , NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Obllgee 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 aufficient ourely for the falthful performance of such contract. or In the event of the falture 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 Obliges may legally contract with another party to perform the work covered by said bid, If the laller amount be i[[ excess of the former, [lien this obligation shall be null and void, otherwise to remain In full force and effect. PALP Inc. dba Excel Paving Ccnpany ----------..__�—Principal-_...___•-- : --•-- By:, 2. __Lj�� FEDERAL INSURANCE COMPANY By: Dougla A. Rapp Attorri y in Fact 94W41f11 ALL --PURPOSE ACKNOWLEDGMENT State of California County of Orange On5/16/96 beforemc, Christine M. Rapp, Notary Public Date Name, Title of oMcer- e.g. "Jane Doe, Notary Public" personally appeared nntrgl ;qS A- Rap Na mes(s) of Signer(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ics), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, d 969193 _ 4 Cirri f / teC. h'D7�4YPUBLIC. 2 1 �� r a a-:aae Cour�ity ORh�1 " a ' �. '''� ' + ,° ,�,,:, + fly Co.. Signature orNotary '. ,ZwesJU 9,1996 .+ ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE 51UST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document f OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER f �Individual(s) __Partner(s) i Attorney -in -Fact Corporate Other Orficer(s) Tille(a) SIGNER IS REPRESENTING: Name of persons or ent'Ity(ics) POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road. Warren. NJ 07059 (908) 5e0-2000 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, are Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California----------------------------------------------------------------------- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix Its corporate seat 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 Bail Bonds) fled In any suit, matter or proceeding In any Court, or filed with any Shertff or Magistrate, for the doing or not doing of anything specified In such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations 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 Witness Whereof. the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by Its Vice President and Assistant Secretary and its corporate seat to be hereto affixed this loth day of • March 1994 Corporate Seat Kenneth C. Wendel Assistant Secretary STATE OF NEW JERSEY County of Somerset FEDERAL INSURANCE COMPANY BY Gerardo G. Mauriz Vice President On this loth day of March 19 94 , before me personally came Kenneth C. Wendel to me known and byme known to be Assistant Secretary of FEDERAL INSURANCE COMPANY. the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duty swmm. did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seat thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notarial Seat ew FT � J. Acknowledged and Sworn to before me on the date above written. Notary Public AM A. SCIIVp� XN=7 Tsi2ia, S:,u of Its. jec'y 20 � piaQ &%Fira; 0' aQZ*r 2. 1994 Form 131"34 (Rai 10-M GENERAL MOM State of CALIFORNIA County Of LOS ANGELES 0n before me,celeste A. Graham, Notary Publi IDATO p1AMUTATLE OF OFF+CER-ke.-JAW OOF. NOTARY PLMUC') personally appeared Palp Inc. DBA Excel Paving Company WAME151 OF SIGNEAISII by C.P. Brown President 0 personally known to me -OR- ❑ proved to me on the CELESTE A. GRAHIANA f CONP.M. w 02399 v Co:ilornia rrl a �I?S a,xvS.LES CC"jrl w7Y CCAUa1SSICtd ESCPIFES JULY 30, 1997 ISEALI asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY 7 A The information requested below and in the Column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Doevnent Number of Pagas Date of Documern Sigrwitl Other Than Named Above ! i I wot,coTTS FORM 63240 Raw. 3-e4 Wrce 0"o 2-2AI 01994 WOLCOTT$ FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT %ITN SIGNER CAPACITYMEPRESENTATIONIIWO FINGERPRINTS RIGHT THUMBPRINT loptionall Y CAPACITY CLAIMED BY SIGNERISI CINDIVIDUAL(S) OCORPORATE OFFICERISI ❑PARTNERIS) OLIMITED ❑GENERAL OATTORNEY IN FACT C}TRUSTEE(S) OGUARDIANICONSER VATOR 13OTMER: SIGNER IS REPRESENTING: Wan* of Persons) or Enrityfias) RIGHT THUMBPRINT 10p6onap R a CAPACITY CLAIMED BY SIONERISI QINDIVIDUALIS) CCORPORATE OFFICERIS) W1151 OPARTNERIS) CILIMITED OGENERAL OATTORNEY IN FACT OTRUSTEEISI OGUARDIANfCONSERVATOR COTNER: SIGNER IS REPRESENTING: INarrw of Personlel or Enihylies) 7 "1'57775"632401 i1 a BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We. RUIZ ENGINEERING COMPANY (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL 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 CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ---------- Dollars (S_ I0Z OF BID------ y lawful money of the United States cf America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs and each of our successors and assigns, jointly and severally. firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, s about to hand in and submit the Obligee a bid or proposal for the "ASPHALT OVERLAY, #MSC382" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE. If the bid or proposal of said principal shall be accepted. and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law. then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF. said Principal and said Surety have caused these presents to be duly signed and sealed this 28TH day of MAY .19 96 Z ENGINEERING COMPANY By WAS ATIONALiN MICHAEL A.QQUIGLEY, ANY —in—Fact WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY - .NOW ALL BY THESE PRESENTS: That the Washington International Insurance Comapny, a corporation organized and existing under the aws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN BLUME, JENNIFER JOHNSTON, MICHAEL A. QUIGLEYAND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY is true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, ecognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or lermitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, hall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the ame has been duly executed and acknowledged by its President and its principal office. 'his Power of Attorney shall be limited in amount to $2.000.000.00 for any single obligation. 'his Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 1, 1980 and October 21, 1986 which read, in part, as follows: The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in - Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in- Fact and revoke the authority given him. - !. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. N TESTIMONY WHEREO€�ibe.i�' hington International Insurance Company has caused this instrument to be signed and its corporate ;eal to be affixed by ifP`v";(Fq her. this 2nd day of November, 1994. ._��• •; GASHINGTON INTERNATIONAL INSURANCE COMPANY CORPORATE :�,' SEALPia• `Lee ^- AR3ZONA•: per+ illiam D. Sterrett, Chairman of the Board 64 • AV ;TATE OF ILLINOIS1i� Ptl� 4 :OUNTY OF COOK) )n this 2nd day of November. 1994, before me came the individual who executed the preceding instrument, to me personalty know, and, )sing by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; hat the seal affixed to said instrument is the Corporate Seal of said Company; I. N TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. "OFFICIAL SEAL" CH�tISTIN€ ZAItETSKY L 11-tary Fu:Gc, State of lllinois istine Zaretsky, ota Public I My C:mri si sn Expires 10.7-9 fs My Commission Exbires ctober 7di 996 :ERTI-16A,Trr- f ;TATE OF ILLINOIS) :OUNTY OF COOK) 1 the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY hat the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article Ill. section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now force. ;igned and sealed in the County of Cook2Dated he2F$TH day of MAY —,is 96 Lewis M. Moeller, Secretary 3EN5031;""LIA1qC3E MBUR.AN03E COMPAW"T HEAD OrfICE. PHILADELPHIA. PENNSYLVANIA bond No. B365337 BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.IA. DOCUMENT NO. A3101FEB.1070 ED.) KNOW ALL MEN BY THESE PRESENTS, that we CALMAT CO. DBA INDUSTRIAL ASPHALT as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia. Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto . CITY OR HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in'the Sum Of TEN PERCENT (10%) OF THE AMOUNT OF THE BID Dollars 1$ 1. 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 MSC--382 — 1Y' OVERLAY ON GLARC LANE, ROYER CIRCLE, PAIKER CIRCLE, CAMEL CIRCLE, LAMAR DR., ROSS LANE, FAIRLANE CIRCLE, SUSAN LANE, HAZELBROOK DR., MORGAN LANE, LIBERTY AVE., R014ALD DR., MIRAMAR LANE, SABLE DR., DORSETT DR., AND POSTON LANE BID DATE; Ir1AY 30, 1996 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 fur- nished in the prosecution thereof. or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said b;d. then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this (Wi I nest) 28th day of MAY A.D. 19 96 CA CO. DBA INDUSTRIAL ASPHALT IPrinclpall I QTivel RELIANCE INSURANCE COMPANY nr%ff rJ .A �_ JEAN L. WILLCOX, ATTORNEY —IN —FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On _ 29-1%lay-95 before me, Stephen Tan, Notary Public _ , NAME. TITLE OF OFFICER -E G..'JANE DOE, NOTARY PUBLIC' personally appeared Carlos Hernandez`, Vice President of Operations , NAME(S) OF SiGNER(S) XO Personally known to me - OR -0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. STEPHEN TAN k O W..00mm. Comm. #11055094 TARY PUBLIC - CALIFORNIA0 A LOS ANGELES COUNTY Eirp. Apol 10. 1999 WITNESS my hand and official seal. (Seal) SIGNATURE OF NOTARY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. $907 State of CALIFORNIA County of -LDS ANCELES On 5/28/96 before me, RIIIH-T— YATES . _x MY PUBLIC , DATE NAME, TITLE OF OFFICER - E.G.,'IANE DOE, NOTARY PUBLIC' personally appeared JEAN L. WILLCOX NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on She basis of satisfactory evidence to be the person(a) whose name(s) is/aye subscribed to the within instrument and ac- knowledged to me that Eye/she/they executed the same in Nfilher/14kr authorized capacity(les), and that by Ws/her/thelc signature(&,) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. - WITNESS my hand and official seal. RUTH L. YATES i COM14. #1037995 t ``��T�• NOTARY PIIBLIGCALIFDRNIA I. L05 ANGELI:S COUNTY NATURE OF NOTARY L!r C=rrissbn Enizes Oct. 31.1537 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL. ❑ CORPORATE OFFICER TME(S} ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT (50 ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/COWF_RVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTiTY(IES) RELIANCE INSURAI�CC4►IPANY.— DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave., P.O. Box 7184 • Canoga Park. CA 91309-7184 ItCLI'A,NCE SURETY CONIPANY RELIANCE LtiSURAINCE COMPANY UNITED PACIFIC INSURANCE COMPMNY RELIANCE NATIONAL INDE1i1'ITY COIIP.i►NTY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called 'the Companies'l and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Jean L. Willcox, of Los Angeles, California their true and lawful Attorneyls)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies 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 Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneyls)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in fuU force and effect, reading as follows: ARTICLE Vit - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors. the President, ew Chairman or rho Board, any Senior Vice Preadent, any, Vice President or Assistant VrCS President or other officer designated by the Board of Directors "I have power and aufhyrty to rat appnrmt Anorneyfsl•in-Fact and to aothprite them to execute on behalf of the Company. bonds and underiskings. reeogrytane.s, contracts of Indemnity and other wnfrngS atAgatory N the naturs thereof, and Ibl to remove any such Attorneytsi;oFit" at any time and revoke the power and authority given to them. 2. Atiorneylsi-in-Fact shall have power and authority, subiact to she farms and limitations of the Power of Attorney ksued to then), to execute deliver on behalf Of the Company, bonds and urdertakrngs, recognizMces. contracts of Indemnity and other Wfilinge obligatory in The nature thereto. The corporate seal is hot necessary for the validity of any bonds and undertakings, tecognizances, Contract$ OI indemnity and othw writings obligatory in the nature thereof. 3. Attorneyls)-in-Fact Shan have power and authority to execute alfidavits rerauked to be attached to bads, recogNtancn. contracts of Ndamnity or other conditional or obligatory undertakings and they shalt also have power and authwily to certily the financial statemnn of the Company and to copies of the By -Laws of Ito Company or any article or "Mon thateof. This Power of Attorney Is slgnad and seated by facsimile ~ and by authority of the following resolution adopted by the Executive and Finance Committees of the Bonds of Directors of Reliance Wtranca Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28. 1994 and by the Executive and Financial Caninitlee or the Board of Dreclon of Reliance awery Company by Urw*naw Consent dated as of March 31, 1994. - - 'Rnolved that the signattres of Such daecttxs end officers and the seat of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by _ faesimile.and any such Power of Atlotney or cerhfcste besrsq such Iacs4nHe signatures or facsimile seal shall be valid and binding upon the Company and arty such Power so executed and certified by facsimile signature and facsmde seat shall be valid and binding upon the Company. In the futws with respect to any bond or undertaking to which it Is - _ attached.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this April 24. 1996. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDaINITY COMPANY °►a..4 roitise�,F STATE OF Washington ) COUNTY OF King } ss. On this, April 24, 1996, before me, Janet Blankley, Personally appeared Lawrence W. Carlstrom, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself aj j %1tM &uthorized officer. In witness whereof, I hereunto set my hand and official (:::: ) t e —, ), —'� - Nbtary Public in and for the State of Washing on Rtasiding at Puyallup 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23 day of May i996 A (��� OIL: iAssistant Secretary CHUBB GROUP OF INSURANCE COMPANIES CHUQt3 1S Mouniain View Road. P. 0. Bcx 1615. Wa en. Ne►v Jersey 07061 •6y5 FEDERAL INSURANCE COMPANY BID BOND Bond No. 61305295 — K Amount S 10% OF BID Know All Men By These Presents, That we, R.J. NOBLE COMPANY (hereinafter calved the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duty organized under the fa►vs of the State of Indiana, (hereinafter called the Surety), as Surely, are held end firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter tailed the Obligee), in the sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars (S 10% OF BID ), for the payment. of which ►ve, 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 13th day of MAY A. D. nineteen hundred and 96 WHEREAS, the Principal has submitted a bid, dated MAY 30 , 19 - 96 , for ONE & ONE HALF INCH (1 1/211) OVERLAY ON GIARC LANE, ROYER CIRCLE, PARKER CIRCLE, CAMEL CIRCLE, LAMAR DRIVE, ROSS LANE, FAIRLANE CIRCLE, SUSAN LANE, HAZELBROOK DRIVE, MIRAMAR LANE, DORSETT DR., POSTON LANE, SABLE DR. MORGAN LANE - IBERTY AVE. & RONALD DRIVE. M.S.C. 382 NOW, HEREFORE, tNE 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 v,ith the Oblicee 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- Terence, 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 %:ark covered by said bid, if the latter amount be in excess of the former, then this obligation shalt be null and void, otherwise to remain in full force and effect. R.S. NOBLE COMPANY Zrincipal 19 ey: I RACE, VICE PRESIDENT/GENEP.AL MANAGER FEDERAL INSXURANC Or,4 raY By: MIC IAEL 1). STOt` ATTORNEY —I . FACT STATE OF CALIFORNIA SS, COUNTY OF RIVERSIDE On MAY 13, 1996 , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG 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 acknowl- edged 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. .W ,.... _ �a.a _I 1 OPTIONAL i.oZYMASY ST,'. rY .4ltiS 7. leas Th is arm for O frial Nolnrial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE LS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY{DES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1°•081 Aev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT CERTIFICATION STATE OF NEW JERSEY 1 ss. County of Somerset f 1. the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the (allowing is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law 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 charter 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 one or more officers or attomeys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attomey 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 attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chair- man, President, any Vice President, any 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 certificate relating thereto appointing Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signa- ture and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached' I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fideI4 and surety business in each of the States of the United States of America. District of Columbia, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Isiand; and is also duly licensed to become sole surety on bonds, undertakings, etc.. permitted or required by the taw. I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and the seat of said Company at Warren, N.J., this 13 t:h day of 1,AY , 19 96 Assistant Secretary State of CALIFORNIA County of ORANGE On 5/17/96 before me, IDATEI M._A. GROSKOPF p1AMErhTL[ OF OFFICER-1.8.'JANE DOE, NOTARY Pv5LIC'1 personally appeared JIM GRACE, VICE PRESIDENT/ INAMEISI Of SiGNER1511 GENERAL MANAGER OF R. J. NOBLE COMPANY 0Xpersonally known to me -OR- D ��' M• A. GROSKOPF COMM. #986488 < J NOTA Ry PLIeLIC • CALIFORNIA , :RANGE COUNTY Y/ r�ty C:{ .. i.xp its Aril 21. 1997 (SEAL) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hislher/their authorized capacity(iesy, and that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. 'HIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Tale or Type of Document Humber of Pages Date Of Document Slgnerlsl Other Then Nerved Above WOLCOTTS FORM 63240 Rev. Terra IpKe clan 11.2A1 01204 WOLCOTTS FORMS, INC. l ALL PURPOSE ACRNOWLEOGMENT WITH SIGNER CAPACITYJREPRESENTATIONRWO FINGERPRINTS RIGHT THUMBPRINT IOptlonaq r r it a CAPACITY CLAIMED BY SIONERIS) (]1NMQUALIS) )MCOAPORATE OFFICERISI FTITU 4 CIPARTNEACSI OLIMMED DGENERAL DATTORNEY IN FACT OTRUSTEE(S1 DGUARDIANICONSERVATOR DOTHER: SID)VER IS REPRESENTIND.. (Name of Person(s) of Enthyrrss) R. J. NOBLE COMPANY RIGHT THUMBPRINT 10pt;ona4 r r a a CAPACITY CLAIMED EY SIGNERIS) OtNDNIDUALIS) DCORPORATE OFFICEA(Si OPARTNERIS) OLIMrMD DGENERAL ClATTOANEY IN FACT DTRUSTEE(Sl DGUA RDIA NICONSER VATOR ❑OTHER: SIGNER 13 REPRESENTING: INam• of Person(s) or Entityrseel SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK. N. Y. PROPOSAL BOND PREMIUM: INCLUDEDO. INBB: Xnum all Orn 6p thest tIrrates: CORNERSTONE C & M, INC. DBA THAT WE, SULLY -MILLER CONTRACTING COMPANY 1100 E. ORANGETHORFE, SUITE 200 as principal, an Afi%AOAD99ffETY COMPANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as obligee, in the sum of ten percent (10%) of the total amount of bid in DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. SIGNED, sealed and dated this 28TH day of MAY VIHEREAS, the said principal is herewith submitting its proposal for 19 96. ONE AND ONE-HALF INCH (1 1 /2") OVERLAY ON GIARC LANE, ROYER CIRCLE, PARKER CIRCLE, LAMAR DRIVE, ROSS LANE, FAIRLANE CIRCLE, SUSAN LANE, HAZELBROOK DRIVE, MORGAN LANE, LIBERTY AVENUE, RONALD DRIVE, MIRAMAR LANE, SABLE DRIVE, DORSETT DRIVE, AND POSTON LANE THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may Iegally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. CORNERSTO.IE C & M, INC. DBA SULLY -MILLER CONTRACTINGCQMP " cipa] DAVID . McCRACKEN VICE PRESIDENT/PRESIDENT SEABOARD SURETY COMPANY By i• J"/" e Certified Copy SEABOARD SURETY COMPANY No. 13501 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint George C. Schroeder or Carla Holt or Linda Tichey or JoAnne Tonani or Richard W. Mrrill or W. W. Nbller or Willial Dinneen or Lois Stewart or Susan M. Nuss of �p its trueandalaw of Ms ne�y-In-i act, to make, execute and deliver on Its behalf Insurance policies, surety bonds. undertakings and other Instruments of similar nature as follows: Without l mi tati.ons - '- Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shalt be binding upon the said Company as fully and to the same extent as if signed by the duly authorized `_officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. _ . --This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15. 1982 and are stilt In full force and effect: :ARTICLE Vtl. SECTION 1: 'Pollcks, bonds, recognlzances, stipulations, consents of surety, underwriting undertakings and Instruments relating thereto. insurance policies. bonds, recognizances. stipulations. consents of surety and underwriting undertakingsotthe Company, and releases• agreements and other writings relating in any way thereto or to any claim or Ions thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President. a vice -President or a Resident Vice -President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary: of (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board, the President or a Vice -President to make such signature: or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer. Attorney -in -Fact or representative-" IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of 1•�s Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this ..._.!�?........ ...:day of ............ Zmy.............................. 19.95. .- ` 'O yi Rr'r Attest: SEABO R SU -Ty OMPANY, I927 -� B y far+t*�c,� (Seat} -............... .�..�.4c �............................................ ✓... ' istant Secretary Vice-president STATE OF NEW JERSEY ss COUNTY OF SOMERSET On this ........7�#............... dayof ....... q............ ,........................................................... , t9- gs . before me personally appeared Z'0,..................................................................... a Vice -President of SEABOARD SURETY COMPANY, with whom 1 am personally acquainted, who, being by me duly sworn, said that he resides in the State of Ncm..Oersey......... ; that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seat affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company, and that he signed his name thereto as Vice -President of said Company by like authority. BELINDA FAYE LEE `4'�,� NOTARY PUBIC OF NEW JERSEY (Seal) • }+^�+a* My Commission Expires Sept. 9,19S8 Notary Public CERTIFICATE I,theun ersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the rig inal Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the dale of this Certificate and t do further certify that the Vice-P(esident who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article Vil, Section 1. of the By -Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 251h day of March 1970. -RESOLVED (2) That the use of a printed facsimile of the corporate seat of the Company and of the signature of an Assistant Secrelary on any Certification of the Correclness of a copy of an instrument executed by the President or a Vice -President pursuant to Article Vlt, Section 1, of the By -Laws appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other Instruments described in said Article VII, Section 1, with like effect as it such seat and such signature had been manually affixed and made, hereby is authorized and appfoved-' IN WITNESS WHE 2 OF�I have hereunto set my handAapd affixed the corporate seal of� Company to these presents this 4U•rr,........................T.....I......... -....... day of ...... 19...... c+ t r°y • N 1927 CA.-RQ........ �...... Assistant Secretary rror �►��o form 951 fRev 7.16•. For verificatlon of the authenticity of this Pah,3r of Anornev you may call, co', ect, 903-658-3500 r.)d rsk for tt:o Paxel of A"ome clock. Please 1`00F to Leo F .-.1--- -... State of Washington ) County of Spokane I certify that I know or have satisfactory evidence that Linda Tiche signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative -of the named surety company which is:' authorized to do business in the States of Washington and California, for the purposes mentioned in this document. DATED on MAY 28, 1996 (:�t C! Signature of Notary ~ My appointment expires 2-10-99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On MAY 29, 1996 DATE personally appeared before me, ALICE M. ENGLISH NOTARY PUBLIC NAME. TITLE OF OFFICER - E.G.. VANE DOE, NOTARY PU91IC- DAVID L. h1cCRACKEN No. S907 NAMES) OF SIGNENS) personally known to me - OR proved to me- on the h_ar..ir, -101-6ati6faetely -eVideRGe - to be the person(o whose nameW ism subscribed to the within instrument and ac- knowledged to me that helstiy executed the same in h1s/h1Y'rl sir authorized capacity(ijxj', and that by his/hi!?'/fir signatureW on the instrument the personK or the entity upon behalf of which the person(eacted, execrated the instrument. "7� Ai.I�c 64. EltirG1)Sh �: caANGE CCU =- ; :4 , JIl1+ Comm. EW-M-3 OCT 21 199, WITNESS my hand and official seal. OPTIONAL xu SIGNATURE OFr. Ally Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER VICE PRESIDENT IPRESIDENT TITLEIS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTRYIIES) CORNERSTONE C S M, INC. dba SULLY -MILLER CONTRACTING COMPANY DESCRIPTION OF ATTACHED DOCUMENT PROPOSAL BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES MAY 28, 1996 DATE OF DOCUMENT NONE SIGNER(S) OTHER THAN NAMED ABOVE C1993 NATIONAL NOTARY ASSOCIATION - 3236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.71 t BID BOND Conforms with The American Institute of Architects, A.I.A. Doeument No. A-310 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 91165 BOND N0. 562 73 59 KNOW ALL BY THESE PRESENTS, That we, ALL A* ERICAN ASPHALT u Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surely, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEti PERCENT OF THE TOTAL BID IN ------------------------------------ Dollars (# 107. OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. a WHEREAS, the Principal has submitted a bid for ONE AND ONE—OALF INCH OVERLAY AT VARIOUS LOCATIONS :OW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th day of MAY , 19 96 . < Witness BID DATE: MAY 301996 Witness 1- i1 ALL AMERICAN ASPHALT (Seal) Principal Title SAFECO HS 3l OF AMERICA 0 h M. BROWN Attorney-in-Fsct c- Q Repi-sterel trademark of SAFECO Corporation, PRINTED IN U.S.A. POWER © OF ATTORNEY SAFEM KNOW ALL BY THESE PRESENTS: sAFICO INSURANCE CO►,VAHY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASNINGION ea 135 No. . R 184 That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint a a9aaraaa0r6aaa9a0raO—OWEN M. BROWN. Anaheim, Callfofhla�■■��aaaws��ra��ras�fs�a�r<��fs��N��r��■ its true and lawful attorney(s)•in-fact. with full Authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the cornpany in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such insirurnents had been duly executed by Its regularly elected officers at Its horn office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed And attested these presents this 4th day of , January, 1993 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: .4; •Article V. Section 13. - FiDELR'Y 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 surely operations, shall each have authority to appoint Irdviduals as attorneys -in -Tact or under other appropriate titles with authority to execute on behalf of the cornpary 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 instrurient or undertaking.* Extract from a Resolution of the Board of Drectors of SAFECO INSURANCE COMPANY OF AMERICA adopted Juty 28. 1970. em 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 ;!'B A copy Of the power -of -attorney appointment, executes pursuant thereto, and -(iiij 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 seat of the Company tray be a facsimile thereof,• I. R. A. Pierson 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 fac$Mfe seal of said corporation 28th INS day of MAY 96 19 $-13WEP V93 d R093tared trademark of SAFECO corporation. 1 t rsel cnv; space r or c.2:zys erx; s use un yl Council/Agency Meeting Held: (ojq(. L�¢�r1 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: May 6, 1996 Department ID Number: REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS S MITTED BY: MICHAEL T. UBERUAGA, City Administr or PREPARED BY: LES M. JONES 11, Director of Public Works-- SUBJECT: RESURFACING OF RESIDENTIAL STREETS; M 382 11 Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s) 11 Statement of Issue: Revised plans and specifications for the resurfacing of sixteen residential streets are complete and ready for competitive bidding. Funding Source: The 1995/1996 approved budget includes sufficient revenues for this work in fiscal account E-SF-PW-986-3-01-00 (Improvement, Streets). Recommended Action: Approve the revised plans and specifications and authorize the Director of Public Works to solicit bids. Alternative Action(s): Deny approval of revised plans and specifications and forego resurfacing of sixteen residential streets. REQUEST FOR COMMISSION ACTION Meeting Date: May 6,1996 RESURFACING OF RESIDENTIAL STREETS MSC 382 Analysls: On February 20,1996, Council approved the plans and specifications, for the resurfacing of nine residential streets, and authorized the Director of Public Works to solicit bids. Bids were received on March 7,1996. However, the low bid was substantially less than the estimated cost of $200,000. Upon further analysis, it was learned that staff had miscalculated the estimated cost of one bid item. Therefore, on April 1, 1996 Council rejected all bids and authorized staff to revise the plans and specifications to include seven additional residential streets. Revised plans and specifications for sixteen streets (i.e. Camel Circle, Dorsett Drive, Fairlane Circle, Giare Lane, Hazelbrook Drive, Lamar Drive, Liberty Avenue, Miramar Lane, Morgan Lane, Parker Circle, Poston Lane, Ronald Drive, Ross Lane, Royer Circle, Sable Drive and Susan Lane) are complete and were submitted to the Public Works Commission on April 17, 1996. The commission recommended that staff be authorized to proceed with this work. Therefore, the Director of Public Works recommends Council approval of the revised plans and specifications and requests the authorization to re -bid the project. Environmental Status: NIA Attachments(s): None PAGE NUMBER None F�. 38.RCA -2- 4f24f96 8:53 am 1 Bid Bonds Received a Date- Z—Z2 :e COPY TO: SHEILA GENEIL MSC-382 Alarch 7, 1996 f' 10:00 AAI Engineer's Estimate: $200,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. All American As halt ef�? v?-� 7 - 1p 2. Excel Paving Company jF,0i 9 r0 ' 7 3. Industrial Asphalt S 4. Pavement Recycling Systems 5. R. J. Noble Company '/ e� T17 G. Ruiz Engineering 7. Silvia Construction 8. Sully -Miller D O 9. lo. 11. 12. 13. 14. L7268 pg 2 SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK. N. Y. PROPOSAL BOND BOND NO. 766046(19510) PREMIUM: INCLUDED IN BBSU Know all Men bg 14tor 11ruenis: CORNERSTONE C & M, INC. DBA THAT WE, SULLY -MILLER CONTRACTING comPANY 1100E. ORANGETHORPE, SUITE 200 as principal, an AS�ERbOAKD99 ETY COMPANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as obligee, in the sum of ten percent (10Z) of the total amount of bid in DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 5TH day of MARCH 19 96. WHEREAS, the said principal is herewith submitting its proposal for ONE & ONE-HALF INCH (1 1/2") OVERLAY ON GIARC LANE, ROYER CIRCLE, PARKER CIRCLE, CAMEL CIRCLE, LAMAR DRIVE, ROSS LANE, FAIRLANE CIRCLE, SUSAN LANE AND HAZELBROOK DRIVE MSC-382 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work If the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. CORNNERSTONE C & M, INC. ABA SULLY -MILLER CONTRACTING COMPANY. cipal 056 By AV L. MCCRACKEN VICE PRESIDENT/PRESIDENT SEABOARD SURETY COMPANY /GC / Tri nd Tichey Attorney -in Fac 0 - - _ - _ 331` _ _ _ _ - 13501= -- W ALL MEN BY THESE PRESENTS: That St=ABOARD SURETY COMPANY, a corporation of ttie State of New York; has constituted and appointed and by_ihese presents does make, constitute and appoint `� George`C.r Or a _Holt�'oryLinda=Tic3vey_ or JaAnne=�bnarii' or -Richard :W. Niesrill or_W: =W: Wleller'or _William eewoori ' 61s Stcwart:or=S�isan M: -Noss _ - _ -�-- `_ " _ - -_ _ ___ _ : _ _ _ -_ _ __ Spokarfeice. - - - - _- - ----- - shirgto- e nd lawful Attorney -in to make, execute and deliver on -Its behalf Insurance pot c es, su ety bonds, isndertakingiand = li siruments=of similar naitire as follows:= 16e- -Said )ecembe_811i;=1927,--ith:Ai6indrinents tdarrtcl nd udini Inds; rceognizances: stipulations~consents of surety undcr,writin9 �So`n��� i-ec_o`yn�za"n"ces_�stap vtatons; eori-sents`Qi surety ana iin:ervv i any wayiherel6 or_to any clairrt'ar loss ihZ- euride _ snail 6e signe ;hairrrian of the Board. the PresidenS, a Vica-President ofa Resident sideni--Assflstani Se :46ry4or�b�b`y an Atinrnej-1ri. Fact 16-Hhe C :-President to`make such signaturetor"(c) by such other offices of the Coinpar yy st��afl i(appropnaie 6e: all,xed thereto by —any such-oi -WHEREOF SEABOARD_SUREiY_COMPANY_ha'-+ rposes; wnen auly 1 ,ne exi6iie s ii sign. adopted t ited by the the duly_a% the name and on behalf of the Company's :-President grid by the Secretary an Assistant Secre — appointed and authorized by-tne_Chairrnari of ,fesentat.wes as the Board may from time -to time de int ►d_ the V(JUNj-(=VF bUM_EFtb>=T On this = th ` yda of +7 :` —= - __ w =;: 19 g? ; heiore ire peisonafl a aced' .::.~ .::`: .::... _ aVice-President of SEABOARD SURETY_COMPANY, T=- witr whoirt_1 am'personally acquainted. who: being by me duly sworn. said that he resides in the State of that he is_a Vice-Pre`sident of SEABOARD SURETY_COMPANY, the corporation desidib. ed in and which execute"d the foregoing instrument; that he knows the corporate §eat of the said Company; that the seat affixed to said instrument is such &or- oiate sear, ,:, that itwas so a_lf xedy by order of the Board of. Directors of said_Company; and that he -signed his name thereto as Vice_President of said Coin an b `like 8uttlorl p Y. _ _ tY• BELINDA FAYE LEE �N07ARY PUet.Ic OF_EW J...S-X=- jSeaf) _ :-- -- - `Mr Commission€xpire 5 p = - _ _ - _ _ - -- . - - - -_ - _ _ =— - --_ - _ - " - j Noia bti r:• - - - - -- - Notary - _ wf_theun ersignedAssistantSeGretaryofSEABOARDSORETYCOM NYdoherebycertiythattheoriginatPowerolAttomeyol�whichtt�sforegoing is I a iulf, in)e and correct cppy, si In full force and effect on the date of this Certificate and l do further certify that theVice-President who executed the said Power_of Attorney was one of the Officers authorized by the Board of Directors to appo-int an attorney -in -fact as provided in Article VII,_ Section t,'of_the By -Laws of SEABOARD SURETY COMPANY = =;' _ -. = __' ___ -== __ __ - _ _ _ _ _ __ - _ _ = _ = = _ _=' = _ - Tt►is Certificate may tie signed and seated by facsimile under and by authority ofthe following resoiutiori of it Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duTy called and held on the 25th day of March 1970;_ ;ram= - �� R`_ _ ESOLVED__ (2}_Thal the use of i printed facsimile. of the'corporate _seal of the Company and of the eon-ature'oT an Assistant Secretary on'any` =-ciR cation of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII; Section t,-ot the BY -Laws `= , apppinting 8nd authorizing an attorney -in -fact to sign in the name and on. behalf of the Company Surety bonds. underwriting undertakings of other instruments described in said Article Vll. Section 1, with like effect as it such seal and such signature had been manually affixed and made, hereby is riutliorized and approved `:� - -- _- - - - _— _ IN WITNESS WHEREOF, I have hereunto' set my:tiafid and -affixed the corporate 'sea1 of the Company to these presents this ................................ ==dayDf."_=.:. -MARCH== - _ _ _ -: ;19.9,. -_ _ � Assistant - � --i - ♦ -_ _ - - _ - _ _ _- _ _ - -- -_ - _ — - - _ _ •�. � SBCfela _ - r ^ra - °- _ _I For verification of the authenlici y of this Power of Attomoy you may call, ccl:act, 908-658.3500 and ask for the Power of Attorney dark. Please re'er to the Powe of A"nrnav munKnr tfia nhA%,a ne.narf and rtr lailc ^f tho hnnrl tr%::i+irh Iha Hower is attached. In New York. Dial212-627-5.14. State of Washington ) County of Spokane ) I certify that I know or have satisfactory evidence that Linda Tichey signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative -of the named surety company which is;",; authorized to do business in the States of Washington and California, for the purposes mentioned in this document. DATED on MARCH 5, 1996 Signature of Notary My appointment expires 2-10-99 ` T CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE No. 5907 On MARCH 6. 1296 before me, ALICE M. ENGLISH NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER . E.G„'JANE DOE, NOTARY PUBLIC personally appeared DAVID L. McCRACKEN N ME(S) OF WGNER(5) , !7 personally known to me - OR - to be the person whose name(arfislaKe subscribed to the within instrument and ac- knowledged to me that he/sl<Lftey executed the same in hisLh16'rah_e_i'r authorize . A= M. fNC=I]St3 `� Notoy P bIIc -- coafomta CRM is COUNW r Nay Cam. F.xares OCT 21.1996 capacity(' , and that by hislWrLt�eir signature on the instrument the person.(�s�f, or the entity upon behalf of which the personcs' acted, executed the instrument. WITNESS my hand and official seal. r �% SIGNATURE F NOr OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL CORPORATE OFFICER VICE PRESIDENT/PRESIDENT rnz(s) ❑ PARTNER(S) ❑ LIMiTED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTr Y{IES) CORNERSTONE C 6 Mt INC._dba_ SULLY —MILLER CONTRACTING COMPANY DESCRIPTION OF ATTACHED DOCUMENT PROPOSAL BOND 766046(19510) TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES MARCH 5, 1996 DATE OF DOCUMENT BONE SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • S= Remme) Ave., P.O. Box 7184 - Carwga Park, CA 97309-711 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, RUIZ ENGINEERING COMPANY (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL 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 malting, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORiIIA • as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) In the just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID --------- __- Dollars ($ 10% OF 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 heirs 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 the Obligee a bid or proposal for the "ASPHALT OVERLAY, #MSC382" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, If the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee. and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void; otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 4TH day of MARCH ' 1g 96 i RUIZ ENGINEERING COMPANY STATE OF CALIFORNIA SS. COUNTY OF ORANGE On MARCH 4, 1996 before me, H. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED.,, HICHAEL A. OUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized. capacity(ies), and that by h:s/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIINESS my hand and official seaL Signature X 4A a� a1-2 OPTIONAL M. TREDINNICK M COMM. 81053088 NOTARY PUBLIC - CALIFORMA ORANGE COUNTY MY Comm. EXPInl Mate, 1991 This arm for Official Notarial Snri Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent' fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TULE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NumE OF PERSONISI OA ENTnYpES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE II3-1E81 R�n.nl94 ALL-PURPOSE ACKNOWLEDGEMENT WASHINGTON INTERNATIONAL INSURANCE COMPANY •- POWER OFATTORNEY KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Comapny, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN SLUME, JENNIFER JOHNSTON, MICHAEL A. QUIGLEY AND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) In pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2.000,000.00 for any single obligation. This Power of Attorney Is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22. 1978, July 3, 1980 and October 21. 1986 which read, in part, as follows: 1. The Chairman of the Board, President, Vice President. Assistant Secretary, Treasurer and Secretary may designate Attorneys -in - Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney Issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary. Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY WHEREO�p.,� hington International Insurance Company has caused this Instrument to be signed and its corporate 46 seal to be affixed byi �b"I(sq i r, this 2nd day of November, 1994. + GASHINGTON INTERNATIONAL INSURANCE COMPANY CORPORATE= / S EA L =.lit a`a NARIZONA o, per.. illy. Sterrett, Chairman of the Board STATE OF ILLINOISN ltv�a COUNTY OF COOK) \tip 4, - On this 2nd day of November, 1994, before me came the individual who executed the preceding Instrument. to me personally know, and. . being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seat affixed to said instrument is the Corporate Seat of said Company: IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. �rQFFICIAL SEAL" CHZARETSKY t oj_ui_ 11-tarY FII�TC, State of I11:nois l �stine Zarats ky, ota Public 1�y C; mn si cn t xp:res 10.7.96 My Commission E ires ctober 7 1996 CERTI- ;6—;-r�•••••� ram -•ter••-- STATE OF fLLINOIS) COUNTY OF COOK) I. the undersigned. Secretary of WASHINGTON INTERNATIONAL INSURANCE 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 Article 111, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney. are now in force. Signed and sealed in the County of Cook. Hated he 4TH. day of MARCH , 19 96 Lewis M. Moeller, Secretary 0 SAFECO O BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOW OFFICE; SAFECO PLAZA SEATTLE. WASKINGTON 081E5 Boren NO. 562 73 59 KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the Taws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL BID IN ------------------------------------ Dollars (S 20% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs,executors, administrators, successorsand assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ONE AND ONE-HALF INCH OVERLAY ON GIARC LANE, ROYER CIRCLE, PARKER CIRCLE, CAMEL r • NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or -Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good With 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 4th day of Witness Bib_ DATE- MARCH. 7,_ 1996 Witness MARCH ,19 f96. ALL AMERICAN ASPHALT (Seal) Principal Title SAFECO I ' Y OF AMERICA Attorney -in -Fact 17-6030 Q Regcstersd trademark of SiI.FECO Corporatlori. $-"P 10100 PRINTED IN U.S.A. e POWER SAFECO INSURANCE COMPANY OF AWRICA OF ATTORNEY I40ME OFFICE: SAFECO PLAZA sAFEWO SEATTLE. WAS„INCION 99185 No. 9164� KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint 'NowasssssssssessssssapWEN M. BROWN. Anaheim, Cal Ifornlassos ssssssssessssssssssssasssssssssssss Its true and lawful attorneyis)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other docurnents of a similar character issued by the company In the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fuly as If such Instruments had been duty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents FI A. P.ERSV., SEC TARS this 4th day of _ January , 1993 . CERTIFICATE LAND LI:LSA:-PR_S,CENT Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: `Article V. Section 13. - FIDELrrY 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 titres 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 seat, 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 Gi) A copy of the power -of -attorney appointment, executed pursuant thereto. and (ifil 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.' L R. A- Pierson. 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 Drectors 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 3-2300/EP V03 this ath day of MARCH . 19 96 O Registered trademark of SAFECO Corporation. ORN1A ALL-PURPOSE ACKNOWLEDGMENT ?JM 3193 State of-CaIifornia d _ County of Riverside 3 - t Donna Thorne, Notary Public On before me, , DATE FARE. TIRE OF OFFICER - E.G..-JANE DOE, NOTARY PUBLIC personalty appeared Rosario _Leggiq_kJr. f NAMEIS) OF SIGFIENSI ® personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are ' subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their DONNA THOR�NC signature(s) on the instrument the person(s), C74I03 z or the entity upon behalf of which the No±O'y Pub„ — Ccl?fo m-a n person(s) acted, executed the Instrument. `I •a . v ie%E?cS!DE COUNTY 1✓v Comm. Expires r4ov )1.1997 WITNESS my hand and official seat. g�-1 -Z1Q_ SIGNATURE OF NOTARY OPTIONAL SECTION t OPTIONAL SECTION Aiiiiiiiiiiii CAPACITY CLAIMED BY SIGNER Though statute does not require the to fill In the data below, doing so maay prove Invaluable to pamons re►y1nQ on the docurne-,L [] INDIVIDUAL E] CORPORATE: OFFICES(S) Vice —President; T-TLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT 13 TRUSTEE(S) a GUARDIAN CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) All American Asphalt THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT=t2a Li?l7 THE DOCUMENT DESCRIBED AT RIGHT: r NUMBER OF PAGES � DATE OF DOCUMENT -- Though the data requested here is not requ)red by law. O It could prevent fraudulent reattachment of ft kwn SIGNER(S) OTHER THAN NAMED ABOVE 4D1992 NATIONAL NOTARY ASSOCIATION f SM Remmet Ave.. P.O. Sox 7184 • Canoga Park CA 91309.7184 ALL-PURPOSE ACKNOWLEDGMENT No. 51*9 State of CALIFORNIA county of ORANCB 3-4-95 On before me, BARA J. BENDER NOTARY PUBLIC �. OATS WME• TITLE OF OFF iCER - E.0"'JANE DOE. HOTAAr PU9UP ;ier&orlalfy appeared OWEN H. BROWN ii or IMAM) CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ COWRATE OFFICER(S) ❑ PARTHER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -III -FACT $ personally known to me • OR • ❑ proved to me on the Ibasls of satisfactory evidence ❑ TRus-rEE(s) to be the person(s) whose name(s) Is/are subscribed to the within Instrument arid GUARDIAWCONSERVAYOR wledged to me that helshelthey ❑ OT1{ER. executed the same In hislherlthelr BARBARA J. BENDER authorized capacity(les). and that by COMM. #965863 �Islherfihelr signature(s) on the instrument 0 NOTARY PUSLIC-CAIIFOUtANhe perSOn(S), or the en1'rty upon behalf of SIGNER IS REPRESENTING: CRANGE CO Ty whi the person(S) acted, executed the MOEOFIERS0IV(3)ORENTTTY(IE5) ,�- A(Y CO -A EXA JULC 13,1996 I N ent. .§.AF$C0-INSURANCE COMMY OF AMRICA V"A ss rid seal. 30NATURE Tray ATTENTION MMM All"h ?te Wolms6on reque11ed below G OPTIONAL, h cowd yrersnl ksudutenl attachment of M anidcs,e 1v an unwt6tod document. THIS CEffT1FiCATE Title or Type of Document BID BOND MUST BE ATTACHED Number o1 Pages i Data of Document 3-4-96, BIDS 3-7-96 TO THE DOCUMENT ALL AMBRICAN ASPHALT DESCRIBED AT RIGHT: Sioner(s) Other than Named Above- - - �•�` 01992 NATIONAL NOTAM ASSOCIATION 823a Fiernmet Ave.. t .0. DVX fibs • Canaya Para, C F+ 4>1904 16& f ,r CHUBB GROUP OF INSURANCE COMPANIES r • CHU00 15 Mounaain View Road, P. 0 Box 1615. Warten, New Jersey 070614615 FEDERAL INSURANCE COMPANY Bond No. 81370096-F That we, BID BOND Amount S 10% OF BID Know All Men By These Presents, R.J. NOBLE 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 AMOUNT OF THE BID Dollars (S 10% OF BID ), 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. Seated with our seats and dated this 28th day of FEBRUARY , A. 0. nineteen hundred and 96 WHEREAS, the Principal has submitted a bid, dated MARCH 7 1.19 96 for ASPHALT OVERLAY (MSC382) 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 obfigation shall be null and void, otherwise to remain in full force and effect. R.J. NOBLE COMPANY Principal BVGRAt5XX, VICE PRESIDENT/GENERAL MANAGER FED ERA L'INSURAN E C MPANY PABy: ICHAEL blsyoG ATTORNEY --FACT s+.w.1ty STATE OF CALIFORNIA SS. COUNTY QF RIVERSIDE M FEBRUARY 28, 1996 , before me, ROSEMARY STANDLEY PERSONALLY APPEARED MICHAEL D. STONG 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 acknowl- edged 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. OPTIONAL ROSEMARY STANDLEY t: SOH #967459 Pubk • Capomi COMY This area for Q rjd4f Nolariaf Seat Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this four:. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TtTUM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANlCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAM OF PERSON(S) OR ENMVEs) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NX61 Fe"•6/9 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FEDERAL. INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-36S6 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Michaer D. Stong, Rosemary Standley, Susan C. Monteon and Shawn Blume of Riverside, California------------------------------------------------------ -------- each its true and lawfulAttomey-in-Fad 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 Bail Bonds) fled in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the taws 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 Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seat to be hereto affixed this loth davAe-ou'"tta er 19 95 C. Wendel Assistant Secretary STATE OF NEW JERSEY � ss. County of Somerset FEDERAL INSURANCE COMPANY BY Q `— - 8 ,- Gerardo G. Mauriz Vice President On this loth day of November 19 9s, before me personally came Kenneth C. Wendel tome known and by me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly srvom, did depcse and say that he Is Assistant Secretaryof FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power ofAttorney asAssistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said Power of Attorney is in the genuine handwriting of said Gerardo G. Maurtz and was thereto subscribed by authority of said By - Laws and in deponents presence. Notarial Seal . f ,ram Acknowledged and Swom to before me on the date above written,'i Notary Public j IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR I I NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE. Form 15-10-0134 (Rev.* -Ca) GENERAL SANDRA r ` / S•I.• y.� \.. •1 Notary Pubic, «_.;= , !� :•�; P:a Commission Exp:t-z.,.:, ,: , 2n,,,,-„ State of CALIFORNIA County of ORANGE On 3/1/96 before me, - M. A. GROSKOPF (DATA INAMEITITLE OF OFF4CE94_s. JANE DOE. NOTM1r PVSUC'1 personally appeared JIM GRACE, VICE PRESIDENT/ SNM.IEISI Of SILNERISII GENERAL MANAGER OF R. J. NOBLE COMPANY [personally known to me -OR- ❑ proved to me on the axM. A. GROSKOP F COMM. #986488NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. Expires April 21, 1997 (SEAU asls of satisfactory evidence to be the person(s) whose names) is/are subscribed tot e within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iesi, and that by his/her/their signature(sj on the instrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however. prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Thle or Type of Doeurnerd MUST BE ATTACHED TO THE DOCUMENT Nunbar of P►pas Date or Document DESC:AIBED AT RIGHT: S;grwfsl OLhw Than NamaE Above WOLCOTT$ FORM 62240 Rev. 2•64 Wke Owe 6.2A1 01644 wOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIRtMESENTATrDN/1w0 FNNGERPWNTS RIGHT THUMBPRINT (Optional - a CAPACITY CLAIMED BY SIGNERIS) DINDIVIDUALIS) )MCORPORATE OFFiCER(Sl rTLUI 0PARTNER(S) DLIMITED 13GENERAL DATTORNEY IN FACT OTRUSTEE(S) OGUAROIANICONSERVATOR DOTHER: STONER IS REPRESENTINO: (Nar" of Personls) or Entityr'ws) R. J. NOBLE COMPANY RIGHT THUMBPRINT (Optional CAPACITY CLAIMED BY SIGNERIS) DIND1VIDUALIS) OCORPORATE OFFICERISI MTU* OPARTNER(S) ❑LIMITED OGENERAL OATTORNEY N FACT OTRUSTEEISI D GUARDIANICONSERVATOR OOTHER. SIGNER IS REPRESE"NO: (Nam at Person(s) or Enthyr+ss) Bond No. That we, CHUBB GROUP OF INSURANCE COMPANIES 15 Momilain View Road. P O Box 1615, Njiren, New Jersey 07061.1615 810 BOND FEDERAL INSURANCE COMPANY Amount $ Know A11 Men By These Presents, PAILP Inc. dba Excel Paving Canpany (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duty organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), In the sum of Ten percent of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severalty, firmly by these presents. Sealed with our seals and dated this 28th A. D. nineteen hundred and 96 day of February WHEREAS, the Principal has submitted a bid, dated March 7 for One and One -Half Inch Overlay on Giarc Lane (MSc-382) 19 96 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that it 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 fatter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain In full force and effect. PALP Inc. dba Excel Paving Carrpany Principal By: FEDERAL INSURANCE COMPANY By: AM& Q - &- Dou#as A. Att rney in Fact PR D FaT I5-02.0002 {R�r. 4-9M M-247%Q%0 USA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On _ 2/28/96 before me, Christine M. _Rapp, Notary Public Date Name.Ttlfe of Weer-e.g. "Jane Doe, NotaryPublic" personalty appeared_ _ n, q 7 ten A g;iI2p„ Namta(s) orsigner(s) personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislhcr/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official sea], Signature of Note ,w�• CHRISTINE 11. RAPP T X 7 Comm. # 959193 s 3 'a NOTARYP.,BtfC•OUffORMA -] a Ora.Rge Cauny try Comm. Esoires 1�t. 9. IM i ATTENTION NOTARY: Although the Information requested below is OPTIONAL, It could prevent fraudulent sttathment of this certificate to unauthoriztd documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) Corporate Officer(s) Tille(s) SIGNER IS REPRESENTING: Name or persons or entity(ies) ,,,,,,_Partner(s) ,,,Attorney -In -Fact Other POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ CM59 (908) SM20DO Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. ' Coats of Laguna Hills, California -------------------- -------------------- __,__---------------------_� each Its true and lawful AttornWin-Fact to execute under such designation In Its name and to affix Its corporate seat to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following Classes, to -Mt: 1. Bonds and Undertakings (other than Bata Bonds) filed In any suit, matter or proceeding In any Court, or fled with any Sheriff or Magistrate. for the doing or not doing of anything specified in' such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Cusloms or Internal Revenue; License and hermit 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 Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by Its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth day of • March 1994 Corporate Seal Kenneth Q Wendel Assfount SacraWry STATE OF NEW JERSEY �. County of Somerset FEDERAL INSURANCE COMPANY BY XtaA4 A Q.flitir Gerardo G. Mauriz Vke President On this 10th day of March 19 94 , before me personally came Kenneth C. Wendel to me known and by.me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seat thereof• that the seat affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Maurtz subscribed to said Power of Attorney is In the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By -Laws and In deponent's presence. Notarial Seal 4er �r 'go., � Acknowledged and Swom to before me on the date ab written. J Notary Public ANBT A. SCAvOK2 Namr pan'. S:412 cr?,hwrCOW No. 206,5123 C�m"Icp E'T'"; Ouo;wr 2, 1"4 FWM 15-*4 U Mw. IWIM GENERAL M-zw tsao) urh State of CALIFORNIA County of LOS ANGELES On ', before me,Celeste A. Graham, Notary Publi GATE) (NAMEfFITLE OF OFFICE94.0.'JAME DOE, NOTARY PUBUC'i personally appeared Palp Inc. DBA Excel Paving Company OVAME(SI OF SIGNER(SII by C.P. Brown President ersonally known to me -OR- ❑ ------------- y.� . CELESTE A. GRAHAM ' ? ��- COMM. * 992999 D m .. (L ,, -.�'. Notary Public • Colifomio � _ - ► LOS ANGELES COUNT v MY COMMISSION EXPIRES 1ULY 30, 1997 proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Is/are subscribed to the within instrument and acknowledged tome 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. ISSAU ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document Is not required by taw and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Documem Number of Pages Date of Document Sigrwlsl Other Than Named Above RIGHT THUMBPRINT IOptionsq V e$ r CAPACITY CLAIMED BY SIONEMS) OINDIVIDUALiS) OCORPORATE OFFICER(SI JUFLE$T DPARTNERiS) OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) OGUARDIANICONSERVATOR OOTHER: SIGNER IS REPRESENTING; INeme of Person(s) or Entity(lot) RIGHT THUMBPRINT loptioaall LV CAPACITY CLAIMED BY SIONERIS) DINDIVIDUAL(S) OCORPORATE OFFICER(S) MILES OPARTNERISI OLIMITED DGENERAL OATTORNEY IN FACT OTRUSTEEISI OGUARDIANICONSERV ATOR OOTHER: SIGNER IS REPRESENTING: INeme of Personls) or Entitylies) WOLCOTTS FORM 03240 Pew. 7-94 (piece el..a 8-2AI 01994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION,TWO FINGERPRINTS J N��Illllllllglllllllil��l, R,�LIANOX: nL-T8UR,A1qOM OOMPANY hEAD OFFICE. PHILADELPHIA. PENNSVLVANIA Bond No. B365337 BID BOND APPROVED BY THE AMERICAN INSTITUTE of ARCHITECTS A.IA. DOCUMENT NO. A310 (FEB.1970 ED.) KNOW ALL MEN BY THESE PRESENTS; that we CALMAT CO. DBA INDUSTRIAL ASPHALT as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia. Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto , CITY' OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in'the sum of TEN PERCENT (10%) OF TIM AMOUNT OF THE BID Dollars (S 1, 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 1I%" OVERLAY ON GLARC LANE, ROYER CIRCLE, PARKER CIRCLE, CAMEL CIRCLE, LAMAR DR., ROSS LANE, FAIRLANE CIRCLE, SUSAN LANE AND HAZELBROOK DR. BID DATE- MARCH 7, 1996 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 fur- nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this (V1rrmul 1st day of MARCH A.D. 19 96 CALMAT O. DBA INDUSTRIAL ASPHALT (I}InCIP811 Srl (Title} RELIANCE INSURANCE COMPANY anaavrx c.+ irtva JEAN L. WILLCOX, ATTO Y--IN-FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On 06-Aiar-96 before me, Stephen Tan, Notary Public , NAME, TITLE OF OFFCER-E.G..'JANE OM NOTARY PMuc - personally appeared Carlos Hernandez, Vice President of Operations , kAME(S) OF SIGNER(S) XD Personally known to me - OR -= proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. STEPHEN TAN ; Q Comm. #►1055094 t TARY PUBLIC. CALWORNIA5 C LOS ANGELES CWNTy Comm. Exp. April to.1999 �+ WITNESS my hand and official seal. (Seal} SK.NATURE OF NOTARY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. S9o7 State of CALIFORNIA County of LOS-A,, CELES On 3/1/96 before me, Rig i VAIFS ._ _' NOTARY PUBLIC , DATE NAME, ME OF OFFICER - E.G.' LANE DOE, NOTARY PUBLIC' personally appeared JEAN L. WILLCOX NAMES) OF SIGNERM , personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace subscribed to the within instrument and ac- knowledged to me that helshe/tisey executed the same.. in #j&erlj49_Ar authorized capacity(ies), and that by his/her/the*ft signature( on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. "::. FIUTH L. YATES COMIC. #1007995 W1TN S my hand and official seal. :" '�- ,�• NOTARY PGCLIC-CALlFBRylA cn a►' LOS ANGELES COUNTY NyCat.Tiu�n 1'ayires @ct.3t,1997 � .,NATURE OF NOTARY OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) . ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ERnTYpES) RELIANCE_INSIMOCE CONP&lgY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8M Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7184 RELIANCE SURETY.- COMPANY RELIANCE WVRANCE COMPANY . UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL 11NDENINITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware. and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, era corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY Is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called ;the Companies") and that the Companies by virtue of signature and seals do hereby make, -.'Constitute and appoint Joan L. Willcox, of Pasadena, California their true and lawful Attorney(s)-in-Fact, 10 make, execute, seal and deliver for and on their behalf. --and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies 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 Companies and sealed and attested by one - other of such officers, and hereby ratifies and confirms all that their said Attorney($) -in-Fact may do in pursuance hereof. - This Power'o ttorney Is under and by the But f t f A hority of Article VII o he By Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY, and RELIANCE'NAT(ONAL (NDEMN(TY COMPANY which provisions are now In full force and effect, reading as follows: ARTICLE Vit •-EXECUTION OF BONDS AND UNDERTA IN Gs JL A. 1. The Board of Momors, the lhosideM. tits Chairmen President, or IM eoevd. any Strior President, soy Vice Pissidsm or Assistant Vks Piesi(WrA or Ox1w MGM do%-7%144 by ilia good of Directors Has have power and authority to %) eppoint Attorney(ii)-ki-Fact and to authorize vharn to execute an behalf of the Company. bonds and undettakin9% recogniramet. Contf-001i Of Irklemnity and other verhinp obligatory in the net%* r1woof. and (b) remove arty.swo A"o@neyI&l4n-FWt of any time and revoke Ow Power and a4horhy g;vm to rho". 4 2- AnornirrCaNn-Fect " ?we power end authority. subject to the terms and limitations of the Power of Anodney Issued to them: to execute deliver on b" of the Company, bonds and undarlSkOW. Tecor*410CM C*MCACCC of k4wm*y and ottw vm%"s obligatory k% " itetvt a ttwaaL The corporate seal tj rm necessary for Ow 4"%y of arnr bands *A und*nww4s. reCoghlianCoS. Contracts Of WOrnnity and other writings obligatory In the nature #woof. - 3. Anamay(s)-lin4act shall have power and whority to execute affidavits required to be attached to bonds. ripcogn4ames, contracts al. Indiprnnity Or other tonditlorw or *Migaic" WWartakinp WW they shall also have power and authority to Certify the fiitartdat statement of the Company WA to copies of the fly-Lawe of the Company or any ortide at section thereof. This pgwW of Attorney Is signed and sealed by fac4irnliii ipncW and by s~ty of ft lonowing resolution adopted by the fxew" and Faunce Committ"s of the Boards of Directors of Reliance Insurance company. United Fadfic kwolinee Company and Riprmncs Mario" indomnity Company by Unervenous Consent dated as of February 28, 1994 SW by tN Exewtfva and Financial Committee of the Board of Difectors of Reliance Surety Company by Unarimous. Consent dated as of March 31, 1994, 'Resolved ihK the signatures of siren di,vow* end oftws " the sent of the camp" may be affixed AD any such Par~ of Allofmv aF any zwlifical*t 10161" "010 brr locsimile.arW array such Power of Attorney or certificate b6afft such facsimile signatures or lociiiMils seal shall be valid and tmr4no upon the Company WA any -such Pa~ So bond of k-is exepmd " c"fied by Weirrule signiinvips and facsimile mal " be vatid and bmidioV cipon Vw company, in the future With respect to 6ndonaking to o"whed.1 A IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seats to be hereto affixed, this October 30, _7 RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY 14Y UNrMD PACIFIC INSURANCE COMPA. RELIANCE NATIONAL WDEININ17rY COMPANY SEOILL vote STATE OF Washington COUNTY OF King .)as. r On this, October 30, 1995, before me, Janet Slankley. personaltyippeared Lawrence W_ Cartstrom, himself to bte the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company. -and Reliance National Indemnity Company and that as such, being authorized to'do so,- executed the foregoing Instrument .for the purpose therein; contained by signing the name of the corporation by himself as its duly authorized officer. -,t, In witness whereof, I hereunto set my hand and otficiat seal. VAN • NOT .4 Notar Public in and for the State of Washing WA Reside at Puyallup 1, Robyn Layng. Assistant Secretary of RELIANCE SURETY COMPANY, 8 NCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed. ; the seals of said Companies this Z day of March 19 96._- Assistant Secretary ILfree t BID PROPOSAL FROM ALL AMUCAN ASPHALT Firres Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the one and one-half inch U 1/2■) overlay on Giarc Lane, Royer Circle, Farmer Circle, Camel Circle, Lamar Drive, Rosa Lane, Fairlane Circle, Lussn Lana and Hazelbrook Drive. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bits from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 52,020 S.F. COLD P - AT '7;Qi E62C PER S.F. 2 186,472 S.F. LAY_RETRO T AT,2 /j /:z!�z _ PER S.F. d.06 lY,9/7.7G 3 1,668 TONS O ONE-HALF INCH OVERLAY A��1�,e!C PER TON �• �a Sdi �a• sa 4 29 EA. AADJ�TSeW �Yp PER EA. ��5• %�%eS. �a TOTALi P-1 fA ALL-PURPOSE ACI: NOWLE-DG!AENT State of California County of Riverside ?-� cry On � - before me, Donna Thorne, Notary Public _ DATE NAME. MU OF OFFICER . E.G.. *JAM DOE. NOTARY PUBLIC personally appeared. Rosario Leggio, J��Eris)oFslGl - ERts) ' ® personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their D(�N.LATHorzrv> signature(s) on the instrument the person(s), CO•W s I0X1WNDiay or the entity upon behalf of which the Pup;:C - (+O;;rp,nit7persons) &"PW4PP%Xq acted, executed the instrument. R;VE:;S:0E COih"JfYy Comm. Errs NOV 1 I, I447 WITNESS my hand and official seal. No. 6103 r OPTIONAL SECTION �r CAPACITY CLAIMED BY SIGNER Though at"A does na nequire the Notary to lilt In the data Wow, doing so may Drove bwaluaDis to perwa re *V on the do xrw t. `] INDIVIDUAL CORPORATE OFFICER(S) Vice -President TMI(S) 0 PARTNER(S) LIMITED GENERAL �] ATTORNEY -IN -FACT TRUSTEE(S) GUARDWVCONSERVATOR OTHER. SIGNER 1S REPRESENTING: NAME OF PERSONS) OR EN11TY(ES) _ All American As halt I SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law. it could prevent frauduieni mattac "nt of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01992 NATIONAL NOTARY ASSOCIATION - 9236 Rerrtmat Ave., P.O. Box 7 t 84 9 Canoga Park 0A 91309.7184 It Is understood and agreed that the approximate quantities shown In the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractors compensation will be computed upon the besis of the actual quantities In the completed work, whether they be more or less than those shown hereiri at the unit prices bid In the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned understands the contract time limit allotted for the contract Is 60 calendar days. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has Investigated and Is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, plans, specifications, and the contract. Accompanying this proposal Is BIDDERS BWD ($ _ 1. NOTICE: Insert the words `Cash,' 'Certified Check," or "Bidders Bond,' as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that It shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal Is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds In the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be retumed to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 267073 Sijr%,1VoPk1der Business Address PO BOX 2229 ODRONA, CA 91718-2229 Place of Residence Dated this 4 day of MARCH . 19 96 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Biddees Signature P-2 PROPOSED • INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following Information. Additional sheets may be attached if necessary. 1. Firm Name: ALL AMERICAN ASPHALT 2. Address: PO BOX 2229 CORONA, CA 91718 3. Telephone: (909) 736-7600 4. Type of firm -individual, partnership, or corporation: COMRATION 5. Corporation organized under the laws of the State of:_ 2LZ9RN,IA 6. Contractor's License Number. 267073 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: DAN SISEMORE - PRESIDENT ROSARIO LDGGIO JR - V/P THOMAS TOSCAS - SECRETARY/TREASURER MARK LUER - V/P ROBERT BRADLEY - V/P 8. Number of years experience as a contractor in street sweeping work: / 5" 9. List at least six projects completed or currently under contract as of recent date: CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED OR CONTRACT DURATION I REFERENCES NAME, ADDRESS & PHONE NUMBER OF OWNER $650,000.0 MJ= & REPLACE JULY 1994 CITY OF BUENA PARK 714--562-3500 6650 BEAC1 BLVD, BUENA PARK, CA 90622 $600, 000.0 REMDVE & REPLACE AUGUST, 1994 CITY OF WESTMINSTER 714-898-3311 - 8200 WEMIINSI'ER BLVD, WE MIENSTER, CA 92683 $550,000.0 MJOVE & REPLACE SEPTEMBER, 1994 CITY OF TANG BEACH 310-595-8334 333 OCEAN BLVD, L= BEACH, CA 90802 10. List the game of the person who Inspected the sites of the proposed work for your 11. If requested by the City, the bidder shall fumish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-3 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act' being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work on labor or render service to the prime contractor in or about the construction of the work or Improvement in an amount in excess of one-half (112) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION OF WORK SUBCONTRACTOR'S NAME AND ADDRESS STATE LICENSE NUMBER CLASS By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub -contracts entered into and bonds furnished by subcontractor for this project. P-4 r1 •• �%s�/1,rtG7 4Y�1�f S o N ��ARC .1•� , vy4R,GlRc., �A4"e G:Rc. , C'�rhL C;ec ,� cill UE n EIVED /`' 44IrIAR 17r2. , :�a SS 1 N J �, i21 �9�E j IJ,x,4r� 1 N.� G l Y Hl1kTJKGTGh :F, CALIF. ms C— 382 As11 merican phalt P.O. BOX 2229 CORONA, CA 91718-2229 TO: .?,o©O 10�00010-oN S7 RETURN REQUESTED 1 /.Ads:, R/117 V_ */7 &e� ut"� .4w/gl- NOTICE INVITING SEALED BIDS MSC-382 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the one and one-half inch (1 1/211) overlay of various local streets in the City of Huntington Beach, California in accordance with the quantities and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on February 23, 1996. A charge of $25.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE WORK ITEM LOCAL STREET IMPROVEMENT QUANTITY 1. Cold Plane 52,020 S.F. 2. Lay Petromat 186,472 S.F. 3.- A.C. Cap 1,668 Tons 4. Adjust Water Valves 29 EA. In accordance with the provisions of Section 1773 of the Labor Code,, the- State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Public Works of the City of Huntington Beach, California. Quantities and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. N-1 Each bid shall be made out on a form to be obtained at the office• of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 10:00 a.m. of March 7, 1996, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 4th of April, 1996 at the hour of 7:30 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach and shall be acted upon by said City Council at the regular meeting of April 4, 1996. The City of Huntington Beach, California reserves the right to reject any or all bids and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this February 20, 1996. ATTEST: Connie Brockway, -City Clerk ,of the City of Huntington Beach 2000 Main Street - 2nd Floor Huntington Beach, California 92648 (714) 536-5227 N-2 Council/Agency Meeting Held: -% Deferred/Continued Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: February 20, 1996 Department ID Number: REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS VBMITTED BY: MICHAEL T. UBERUAGA, City Administrator �� PREPARED BY: LES M. JONES II, Director of Public Works SUBJECT: RESURFACING OF NINE RESIDENTIAL STREETS; MSC-382 11 Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s)".11-i Statement of Issue: Plans and Specifications for the resurfacing of Giarc Lane, Royer Circle, Parker Circle, Camel Circle, Lamar Drive, Ross Lane, Fairlane Circle, Susan Lane and Hazelbrook Drive are complete and ready for competitive bidding. Funding Source: The estimated cost of resurfacing of nine streets is $200,000. An unencumbered balance of $499,000 is available for fiscal account E-SF-PW-891-6-32 (Improvements, Streets) for this work. Recommended Action: 1. Approve the Bid Proposal and Specifications, and authorize the Director of Public Works to solicit construction bids. 2. Approve the attached Sample Construction Contract subject to award of contract to lowest responsible bidder. I/ REQUEST FOR COUNCIL ACTION February 20, 1996 RESURFACING OF NINE RESIDENTIAL STREETS; MSC-382 Alternative Action(s): Deny approval of Recommended Actions and forego resurfacing the streets. Analysis: Pursuant to current preventive maintenance standards, residential streets should be sealed with a mixture of asphalt emulsion and fine aggregate at least once every seven years. However, streets that are cracked and/or ravelling cannot be included in a preventive maintenance program until repaired, resurfaced, or replaced. Furthermore, streets with cracks and/or ravelling over more than 40% of the surface must, at a minimum, be resurfaced. The neighborhoods scheduled for street sealing this year include nine streets (Giarc Lane, Royer Circle, Parker Circle, Camel Circle, Lamar Drive, Ross Lane, Fairlane Circle, Susan Lane and Hazelbrook Drive) that cannot be sealed but must be resurfaced. Therefore, staff has prepared the appropriate Plans, Specifications and Sample Contract for review and approval by Council. Environmental Status: N/A Attachments(s): PAGE NUMBER 1. Sample Construction Contract 28.RCA -2- 2f6f96 10:36 am Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE APPLICATION OF ONE AND ONE-HALF INCH OVERLAY INCLUDING COLD PLANING, LAYING OF PETROMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS TABLE OF CONTENTS Page No• 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY FEES 15 32. ENTIRETY 15 SAMPLE Wovcdayl113 M Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE APPLICATION OF ONE AND ONE-HALF INCH OVERLAY INCLUDING COLD PLANING, LAYING OF PETROMAT AND ADJUSTING WATER VALVES ON VARIOUS CITY STREETS THIS AGREEMENT, made and entered into this day of 19 , 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 application of one and one-half inch overlay including cold planing, laying of petromat, and adjusting water valves on various city streets in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, 1 from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all 1 SAMPLE Slk/oveday/lr! 1 96 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 off the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY s standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; 2 SAMPLE 31klovcr1ay/1/31196 D. The 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Souther 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 PIans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 3 SAMPLE Wove-dayllU 1196 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. This Agreement may be renewed for a second and third year with approval of CONTRACTOR's proposal for the second year and the third year and, subject to City Council I approval of this Agreement. 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. 4 SAMPLE Woverlay/15ING 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 shalt not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly, 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work, one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the 5 SAMPLE 1lk/aWdsylIn I N6 amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties 6 SAMPLE Woverlay11131196 hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by 7 SAMPLE 34doverlay/1/311% 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 shalt 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; (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 quantifies of contract items used in construction of the PROJECT, in accordance with the plans and specificdtions. 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 8 SAMPLE Vk/overtayl14 U96 the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement if the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 9 SAMPLE Woverlayl1131196 15. WITHHELUONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIM The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be 10 SAMPLE MovedaytV31196 reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California tabor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, f subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect 11 SAMPLE 39doverlay11/31196 during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. if coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder. CONTRACTOR shall furnish to CiTY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, In a prompt and timely manner, the premiums on all insurance policies hereunder 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. 12 SAMPLE Wowdayflr33/76 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 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. NOWASSIGNABILITY 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. 13 SAMPLE Woverlay/l/31196 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 14 SAMPLE Woverlay/1131/96 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 15 SAMPLE 3.'k/overlsyll/3119G 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/PresidentN'ice President CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor By: ATTEST: print name ITS: (arcle one) Secretary/Chief Financial City Clerk Officer/Asst. Secretary - Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: l ir.. City Attorneyl( r ?t n City Administrator INITIATED AND APPROVED: Director of Public Works 16 SAMPLE 31VOM12yn131ro6 �%ao f 96 S P E C I F I C A T 10 N S ! kf7 S P E C I A L P R O V I S I O N S FOR One and one-half inch (I 1/2n) overlay on Giarc Lane, Royer Circle, Parker Circle, Camel Circle, Lamar Drive, Ross Lane, Fairlane Circle, Susan Lane and Mazelbrook Drive. MSC-382 Prepared by The City of Huntington Beach Department of Public Works 'LES M. JONES DIRECTOR OF PUBLIC WORKS CITY OF HUNTINGTON BEACH F $25.00 CHARGE NON-REFUNDABLE I ' .► TABLE OF CONTENTS Paae Notice inviting Sealed Bids N-1 - N-2 Proposal P-1 - P-4 Sample Contract C-1 - C-15 Standard Specifications 1 - 13 PART 1 General Special Provisions 1 1.2.1 Definitions 1 1.3.1 Abbreviations 2 2-1.1 Award of Contract 2 2-1.2 Execution of Contract 3 2-1.3 Failure to Execute Contract 3 2-4.1 Return of Bid Bond 3 2-5.1.1 Plans and Specifications 3 2-5.1.2 Competency of Bidders and Payment for Plans and Specifications 4 2-6.1 Removal of Defective and Unauthorized Work 4 2-10.1 Authority of Board Inspection 4 2-10.2 Inspection Within State Highways and/or Roadway Right of Way 5 2-10.3 Final Inspection 6 6-1.1 Construction Schedule and Commencement of Work 6 6-1.2 Progress of the Work and Time for Completion 6 7-2.3 General Prevailing Wage Rates 6 7-2.4 Payroll Records 6-7 7-3.1 Public Liability and Property Damage Insurance 8 7-5.1 Permits and Licenses 9 7-6.1 The Contractor's Representative 9 7-6.2 Superintendence 9 7-8.5.1 Use of City Water System 9 7-8.7 Noise Control 9 7-8.8 Flow and Acceptance of Water 10 7-10.1.1 Traffic and Access 10 7-10.1.2 Safety Precautions 10 7-10.3 Barricades 11 7-15 Registration of Contractor 11 9-3.1.2 Payment General 11 9-3.2.1 Progress Payment 11 9-3.2.2 Final Payment 11 10-1 Examination of Plans, Standard Specifications, Special Provision and Site of Work 12 10-2 Proposal Form 12 10-3 Proposal Bid Bond 13 10-4 Withdrawal of Proposals 13 10-5 Public Opening of Proposals 13 10-6 Rejection of Proposals Containing Alterations, Erasures or Irregularities 13 1 t ti TABLE OF CONTENTS Continued 10-7 Disqualification of Bidders 13 PART 2 Construction Methods & Details 2 14 - 29 t ti NOTICE INVITING SEALED BIDS MSC-382 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the one and one-half inch (1 1/211) overlay of various local streets in the City of Huntington Beach, California in accordance with the quantities and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on February 23, 1996. A charge of $25.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE WORK ITEM LOCAL STREET IMPROVEMENT QUANTITY 1. Cold Plane 52,020 S.F. 2. Lay Petromat 186,472 S.F. 3. A.C. Cap 1,668 Tons 4. Adjust Water Valves 29 EA. In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the city Clerk and the office of the Public Works of the City of Huntington Beach, California. Quantities and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is znade on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the comparison of bids, and the;City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or' portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the blsis.of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. N-1 i ` t Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street., Huntington Beach, California, on or before 10:00 a.m. of March 7, 1996, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 4th of April, 1996 at the hour of 7:30 p.m. in the City Council Chambers in the Civic Center of said City of Huntington Beach and shall be acted upon by said City Council at the regular meeting of April 4, 1996. The City of Huntington Beach, California reserves the right to reject any or all bids and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this February 20, 1996. ATTEST: Connie Brockway City Clerk N-2 r ' A BID PROPOSAL FROM Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the One and one-half inch (1 1/2*) overlay on Giarc Lane, Royer Circle, Parker Circle, Camel Circle, Lamar Drive, Ross Lane, Fairlane Circle, Susan Lane and Hazelbrook Drive. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor form considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue the facilities of or accept bids from or through such bid despository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 52,020 S.F. COLD PLANE AT PER S.F. 2 186,472 S.F. LAY PETROMAT AT PER S.F. 3 1,668 TONS ONE AND ONE-HALF INCH OVERLAY AT PER TON 29 EA. ADJUST WATER VALVES L AT PER EA. i TOTAL P-1 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely 1 for the purpose of facilitating the comparison of bids and that the contractoes compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and fumish the necessary bonds within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned understands the contract time limit allotted for the contract is 60 calendar days. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, plans, specifications, and the contract. Accompanying this proposal is ($ }. NOTICE: Insert the words "Cash; `Certified Check," or'Biddees Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above name security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. Business Address Place of Residence Dated this day of 19 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received &A Signature of Bidder E Bidders Signature PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: 2. Address: 3. Telephone: 4. Type of firm -individual, partnership, or corporation: 5. Corporation organized under the laws of the State of: 6. Contractor's License Number: 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: 8. Number of years experience as a contractor in street sweeping work: 9. List at least six projects completed or currently under contract as of recent date: CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED OR CONTRACT DURATION REFERENCES NAME, ADDRESS & PHONE NUMBER OF OWNER I 10. List the name of the person who inspected the sites of the proposed work for your firm: 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-3 DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work on labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1 %) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. if the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. II PORTION WORK I SUBCONTRACTOR'S NAME AND ADDRESS I STATENUMBER OFSE R i CLASS f� By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished codes of all sub -contracts entered into and bonds furnished by subcontractor for this project. P-4 STANDARD SPECIFICATIONS Except as hereinafter provided, the provisions of the 1979 Edition of the "Standard Specifications for Public Works Construction (Green Book) published by Building News, Inc. 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California District and Associated Contractors of California; hereinafter referred to as Standard Specifications, are adopted as the "Standard Specifications" for this project and shall be considered as a part of these Special Provisions. Where specified, the specified editions of "Standard Specifications" and "Standard Plans" of the State of California, Business and Transportation Agency, Department of Transportation, shall apply. If no date of publication is specified, the most recent edition, as of the date of publication of the Notice Inviting Bids for this contract, shall apply. PART 1 GENERAL SPECIAL PROVISIONS 1-2.1 Definitions (a) AGENCY The City of Huntington Beach, California also hereinafter called "City." (b) BOARD (c) CONTRACT DOCUMENT The City Council of the City of Huntington Beach, California. Documents including but not limited to the proposal forms p-1 through p-5, Standard Specifications, General Provisions, Special Provisions, Plans, Bonds, Insurance, Contract Agreement and all addenda setting forth any modifications of the documents. (d) ENGINEER The administrating officer of the City of Huntington Beach or his authorized representative. 1 (e) BIDDER Any individual, co -partnership, association or corporation submitting a proposal for the work contemplated acting directly or through a duly authorized representative. (f} LEGAL ADDRESS OF CONTRACTOR The legal address of the Contractor shall be the address given on the Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (g) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract. (h) SPECIAL PROVISIONS The special provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Standard Specifications. The Department of Transportation publications entitled Labor Surcharge and Equipment Rental Rates and General Prevailing Wage Rates are to be considered as a part of the special provisions. (i) STATE CONTRACT Chapter 3, Part 5, Division 3, Title 2 of the Government Code. The provisions of this act and other applicable laws, form and constitute a part of the provisions of this contract to the same extent as is set forth herein in full. 1-3.1 Abbreviations O.C.E.M.A Orange County Environmental Management Agency. 2-1.1 Award of Contract The City reserves the right to reject any and all Proposals. The award of the contract, if it be awarded, will be to the lowest responsible Bidder whose Proposal complies with all the requirements prescribed by the City. 2-1.2 Execution of Contract The contract shall be signed by the successful Bidder within ten (10) working days after award and be returned together with the contract bonds, to the City Clerk's office. Work shall commence within 10 working days after the contract has been fully executed. No Proposal shall be considered binding upon the City until the contract is executed by the Contractor and the City. The contract time shall start on the day of contract execution by the City. 2-1.3 Failure to Execute Contract Failure to execute a contract and file acceptable bonds as provided herein within the time specified for the applicable contract category shall be just cause for the cancellation of the award and the forfeiture of the proposal bid bond. 2-4.1 Return of Bid Bond Within ten (10) days after the award of the contract, the City of Huntington Beach will return the bid bonds accompanying the proposals which are not to be considered in making the award. All other bids bonds, will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposal they accompany. 2-5.1.1 Plans and Specifications The Engineer will provide the Contractor, free of charge, copies of plans, special provisions and additions to the General Provisions of the Standard Specifications that are reasonably necessary for the execution of work. Contractor shall, at his own expense, obtain copies of Standard Specifications and Standard Plans and Specifications of the State of California, for his general use. If after award of contract, should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the Standard Specifications, Specifications, Special Provisions and plans, the Contractor shall request from j the Engineer further explanation or Interpretation of the contract. ' The request by the Contractor and the Engineer's response shall be in writing. 3 All scaled dimensions are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities and shall immediately inform the Engineer or his representative of any discrepancies. 2-5.1.2 Competency of Bidders and Payment for Plans and Specifications Plans, Special Provisions and Proposal forms will be issued only to those contractors who can qualify as competent bidders. A charge will be required for the taking out of plans, none of which will be refunded to any bidder. 2-6.1 Removal of Defective and Unauthorized Work All work which is defective in its construction or does not meet all of the requirements of the Plans and/or Specifications shall be remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the limits of the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid. Upon failure on the part of the Contractor to comply forthwith with any order of the Director made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs and thereof from any monies due or to become due the Contractor. 2-10.1 Authority of Board and Inspection The Contractor shall give at least 24 hours advance notice when he or his Subcontractor will start or resume the work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs/day or more than 40 hrs/week, Saturday, Sunday, or City holidays, he shall arrange with the Engineer for the required inspection service and pay the special inspection fees which will be charged at the following rates: 4 hrs. or less/day $125.00 4 4 hrs. to 8 hrslday $250.00 When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. If the Contractor is directed the City to work under this contract more than 8 hrslday or more than 40 hrstweek, the Special Inspection fee requirements will be waived. All instructions, rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties unless formal protest is made in writing and as provided in the following paragraph: If the Contractor considered any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, ruling or decision of the Engineer to be unfair, he shall within ten (10) days after any such demand is made, or instruction , ruling or decisions is given, file a written protest with the Engineer stating clearly and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in the manner and within the time above stated, the Contractor shall be deemed to have waived and does hereby waive all claims for extra work, damages and extensions of time on account of demands, instructions, rulings and decisions of the Engineer. Upon receipt of any such protest from the Contractor, the Engineer shall review the demand, instruction, ruling or decision objected to and shall promptly advise the Contractors, in writing of his final decision, which shall be binding on all parties, unless within the ten (10) days thereafter the Contractor shall file with the City Council a formal protest against said decision of the Engineer. The City Council shall consider and render a final decision on any such protest within thirty (30) days of receipt of same. 2-10.2 Reguirements for Work Within Other Agencies Right -of -Way The Contractor shall prosecute work on other agencies' right-of-way only in the presence of the inspector representing the agency and any work done in the absence of said inspector will be subject to rejection. The Contractor shall matte the appropriate notification according to the instruction given on the permit for all inspections, and shall post all bonds and certifications required by the permit. Ue' permit shall be acquired by the City However, the Contractor may also be required to secure additional permits under his own name, which permits shall be processed at the Contractor's expense. The Contractor shall pay for all testing and inspections required by the permit. E 2-10.3 Final Inspection Whenever the work provided for and contemplated by the contract shall have been satisfactorily completed and the final cleaning performed, the Engineer will make the final inspection. 6=1.1 Construction Schedule and Commencement of Work Prior to the start of work, arrangements will be made for a meeting between the Contractor and the Engineer. The purpose of this meeting is to coordinate the activities of the Contractor within the limit of this contract, review scheduling, discuss construction methods and clarify inspection procedures. The Contractor shall submit for approval by the Engineer a complete schedule showing the number of working days required to complete the project. The contract time shall commence upon the date of execution of the contract by the City. 6-1.2 Progress of the Work and Time for Completion The Contractor shall begin work within ten (10) working days after the contract has been fully executed by the City and shall diligently prosecute the same to completion before the expiration of the time specified in the proposal, specifications, and/or contract. 7-2.3 General Prevailing Wage Rates In accordance with the provisions of Section 1773 of the Labor Code, the State of California Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk, and the office of the Director of Public Works of the City of Huntington Beach, California. 7-2.4 Payroll Records The Contractor's attention is directed to the following provisions of Labor Code Section 1776 (Stats. 1978, Ch. 1249). The Contractor shall be responsible for compliance with these provisions by his subcontractors. a. Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the Ei actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the public work. b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2. A certified copy of ail payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the contractor. c. Each Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within 10 days after receipt of a written request. d. Any copy of records made available for inspection as case and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the contractor awarded the'contract or performing the contract shall not be marked or obliterated. i r e. The Contractor shall inform the body awarding they contract of the location'of ttie records enumerated under subdivision' (a), including the street address, city and county, and shall, within'five -(5) working days, provide'a notice of a change of location and address.' ' f. In the event of noncompliance with the requirements of this section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this section. Should noncompliance still be evident after such ten day period, the contractor, shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. 7-3.1 Public Llability-and Property Damage_ Insurance The Contractor shall furnish to the City and maintain during the life of the contract a public liability insurance policy in which the City is named as an additional insured. The Contractor shall also hold harmless the City, its officers and employees while acting within the scope of their duties, against all claims arising out of or in connection with the work to be performed. The policy shall provide for not less than the following amounts: Combined Single Limit Bodily Iniury and/or Property Damage Including Products Liability: $1,000,000 combined single limit per occurrence. Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters together with such endorsements as are required to cover the risks involved. The Contractor shall arrange for the policies to be so conditioned as to cover the performance of "Extra Work," should such work become necessary. Prior to the commencement of work under the contract, evidence of Insurance shall be furnished on a form provided by the City, and no other form will be accepted. In addition, the Contractor shall furnish evidence of a commitment by the insurance company to notify the City of the expiration or cancellation of any of the insurance policies required hereunder not less than thirty (30) days before ;any change in coverage, expiration or cancellation is effective. 0 The Contractor shall also show proof of Workers' Compensation coverage or a valid certificate of self-insurance. 7-5.1 Permits and Licenses Except as otherwise specified in the Special Provisions, the Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. These permits and licenses shall be obtained in sufficient time to prevent delays to the work. In the event that the agency has obtained permits, licenses or other authorizations applicable to the work, the Contractor shall comply with the provisions of said permits, licenses and other authorizations. The Contractor shall obtain from the State of California, the Industrial Safety Permit required for the various construction items. 7-6.1 The Contractor's Representative Contractor shall also file with the Engineer, the address and telephone numbers where he or his designated representative may be reached during hours when the work Is not in progress. Instructions and information given by the Engineer to the Contractor's authorized representative in person, at the address or telephone numbers filed in accordance with this section shall be considered as having been given the Contractor. 7-6.2 Superintendence Whenever the Contractor is not present on any part of the work where the City desires to give direction, orders will be given by the Director in writing, and shall be received and obeyed by the Contractor's superintendent or foreman in charge of the particular work in reference to which orders are given. 7-8.5.1 Use of City Water System The Contractor shall make arrangements with the City of Huntington Beach Water Department'for requirements, location of source and payment prior to the taking of any water from the City system. 7-8.7 Noise Control If the construction site is located adjacent to a residential area, the Contractor shall take all necessary steps to limit the amount of noise 9 emitting from construction equipment used. In addition, working hours shall be restricted to between the hours of 7;00 AM to 6:00 PM. 7-8.8 Flow and Acceptance of Water In the course of water control, the Contractor shall conduct construction operations to protect waters from pollution with fuels, oils, bitumens or other harmful materials. 7-10.1.1 Traffic and Access Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. The Contractor shall provide for and maintain provisions for public traffic through the construction area at all times. Unless otherwise specified in these Special Provisions, work shall be in accordance with Sections 4-1.04, 7-1.08 through 7-1.95 inclusive, 15-1.02 through 15-2.05E inclusive, of the State Department of Transportation, Standard Specifications, and as provided for in Title 8 of State of California, Department of Industrial Relations, Construction Safety Order, and Chapter 12.24, "Warning Lights --- Barricades" of the Huntington Beach Municipal Code. The Contractor's attention is specifically directed to HBMC Section 12.24, "Warning Lights - Barricades," pertaining to the use of barricades and lights in excavation areas. Flashing barricades will be allowed as a substitute for "lights" as described in that section. 7-10.1.2 Safety Precautions Contractor shall require that an :approved safety vest be worn by all personnel who are working at this project site. Any Worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. Applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices, shall be adhered to and enforced by the Contractor. 10 7-10.3 Barricades All barricading to meet manual on Uniform Traffic Control Devices - 1975. 7-15 Registration of Contractor Prior to the award of contract, the Contractor shall be licensed in accordance with the provisions of Article 1 to 9 inclusive of Chapter 9, Division 3 of the Business and Progressions Code of the State of California and Amendments thereof, providing for the registration of Contractors, and defining the term Contractor; providing a method of obtaining licenses to engage in the business of contracting and fixing the fees for such licenses; and prescribing the punishment for violation of provisions thereof, as amended. 9-3.1.2 Payment General Payment for the furnishing of all labor, material and equipment necessary to perform all work indicated on the plans and described in these specifications and Special Provisions shall be included in the contract unit prices bid for the items listed on the Proposal and no additional compensation will be allowed. Compensation for items of work shown or described, but not listed on the proposal, will be considered to be included in the prices bid for listed items. 9-3.2.1 Progress Payments The City shall monthly pay to the Contractor while performing the work, the progress payment balance, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No estimate or payment shall be required to be made when in the judgment of the Engineer, the work in not proceeding in accordance with the provisions of the contractor when in his judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). 9-3.2.2 Final Payment J The Engineer shall, after completion of the contract, make a final estimate of the amount of work done thereunder and the value of such work, and the City of Huntington Beach 'shall pay the entire sum found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior 11 partial estimates and payments shall be subject to correction in the final estimates and payment. The final payment shall not be due and payable until after the expiration of thirty-five (35) days from the date of recording a Notice of Completion. It is mutually agreed between the parties to the contract that no certificates given or payments made under the contract, except the final payment shall be evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part and no payment shall be construed to be an acceptance of any defective work or unacceptable materials. Section 10 Proposal Reguirements 10-1 Examination of Plans. Standard Specifications, Special Provisions and Site of Work The bidder shall examine carefully the site of the work contemplated and the proposal, plans, specifications and contract forms therefore. It will be assumed that the bidder has investigated and is satisfied as to the general and local conditions to be encountered; as to the character, quality and quantities of the work to be performed and materials to be fumished; as to the character of equipment and facilities needed preliminary to and during the prosecution of the work; and as to the requirements of these specifications. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. No verbal agreement orconversation with any officer, agent or employee of the City either before or after the execution of this contract shall effect or modify any of the terms or obligations herein contained. 10 2 Proposal Form All proposals must be made upon blank forms to be obtained from the office of the Director of Public Works at the Civic Center, Huntington Beach, Califomia. The Bidder shall submit his Proposal on the form furnished him. Proposals submitted on forms other than the one issued to the Bidder will be disregarded. All proposals must give the prices proposed both in words and numbers, of which words will prevail over numbers, and must be signed by the Bidder with his address and telephone number. If the proposal is made by an individual, firm or partnership, name, post office address and telephone ].2 number must be shown. If made by a corporation, the Proposal must show the name of the state under which the laws of which the corporation, and the names, title and business addresses and telephone numbers of the President, Secretary and Treasurer. 10-3 Proposal Bid Bond All bids shall be presented under sealed cover and snail be accompanied by cash, a cashier's check, certified check or bidder's bond made payable to the City of Huntington Beach, for an amount equal to at least ten percent (i0%) of the amount of said bid, and no bid will be considered unless, such cash, cashier's check, certified check, or bidder's bond is enclosed therewith. 10-4 Withdrawal of Proposals Any bid may be withdrawn at any time prior to the hour fixed in the Notice to Contractors for the opening of bids provided that a request In writing, executed by the Bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bird. 10-5 Public Opening of Proposals Proposals will be opened and read publicly at the time and place indicated In the Notice To Contractors. Bidders or their authorized agents are invited to be present. 10-6 Rejection of Proposals Containing Alterations, Erasures or Irregularities Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or Irregularities of any kind. Any mistakes and their subsequent corrections shall be initialed by the Bidder. The right is reserved to reject any or all Proposals. 10 7 Disqualification of Bidders More than one proposal from an individual, a firm, a partnership, a corporation, or an association under the same or different names will not be considered. Reasonable ground for believing that any Bidder is interested in more than one Proposal'for the work contemplated will cause the rejection of all Proposals in which such bidder is interested. If there is reason for believing that collusion exists among any or all bidders, any or all Proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. .3 PART 2 CONSTRUCTION METHODS AND DETAILS A. GENERAL DESCRIPTION OF WORK The work to be done, in general, consists of cold planing adjacent to gutters and intersections, placement of pavement fabric, placement of bituminous pavement and raising of water valves of approximately twelve (12) local streets in the City of Huntington Beach; and furnishing of all labor, materials, tools, equipment and incidentals necessary to perform and complete the work to the satisfaction of the Engineer. B. ADDITIONS TO THE STANDARD SPECIFICATIONS The contractor shall perform the following in addition to or in accordance with the Green Book Standard Specifications. C. INSPECTION All materials and work to be inspected by the Engineer. D. POSTING APPLICATIONS 1. Application for temporary parking restrictions (posting). a. This application must be filled out by Contractor and consist of four copies. b. Take the completed forms to the Public Works counter (1st Floor Civic Center), and ask for Jim Otterson, Traffic Engineer. c. Take the canary copy to Parking Control (1st Floor Police Building), and give it to Karen Peterson, Parking Control. d. The goldenrod copy is kept by contractor until completion of contract. E. PREDETERMINED SCHEDULES 1. Work shall be performed during week days only. 2. No work shall be commenced prior to 8:00 A.M., and must be completed by 3:30 P.M. of each day. 14 3. Streets must be posted at least (24) hours prior to start of work. 4. Door hangers explaining work and work schedules must be placed on each residential door twenty-four (24) hours prior to commencement of work. 5. Work shall not be scheduled on the same day as trash pick-up. 6. All work to be completed within thirty (30) days of start of contract. F. DESCRIPTION OF WORK 302-5.2 Cold Milling Asphalt Concrete Pavement 302.5.2.1 General. The Contractor shall cold mill existing asphalt concrete pavement, as dimensioned and as otherwise designated on the Plans. Cold milling shall remove variable depths of asphalt concrete to provide an overlay key at joins and over the width of the cold milled area. Additional widths of cold milling may be required at various locations as determined by the Engineer. The surface of pavement after milling shall be uniformly rough grooved or ridged as directed by the Engineer. The grade shall not deviate from a suitable straight edge by more than 318 inch at any point. The contractor shall remove existing asphalt concrete overly from gutters adjacent to any area specified to be cold milled, as directed by the Engineer. The Contractor's attention is directed to 7-8.2. 302.5.22 Equipment. The machine used for milling shall meet the following requirements: The milling machine shall be specially designed and built for milling of bituminous pavements without the addition of heat, with the ability to plane portland cement concrete patches in the bituminous pavement. The cutting drum shall be a minimum of 60 inches wide and shall be equipped with carbide -tipped cutting teeth placed in a variable lacing pattern to produce the desired finish. The machine shall be capable of being operated at speeds from 0 to 40 feet per minute. It shall be self-propelled and have the capability of spraying water at the cutting drum to minimize dust. The machine shall be capable of removing the material next to the gutter of the pavement being reconditioned and be designed so that the operator can at all times observe the milling operation without leaving the controls. The machine shall be adjustable for slope and depth and shall deep cut in one pass a maximum of 3 inches without producing fumes or smoke. 15 The Contractor shall provide a smaller machine if required to trim areas inaccessible to the larger machine at manholes, gate valve covers, curb returns, and intersections. The small machine shall be equipped with a 12-inch-minimum- width cutting drum mounted on a chassis allowing it to be positioned without interrupting traffic or pedestrian flow. 302-5.2.3 Removal and Disposal of Material. During the milling operation, the Contractor shall sweep the street with mechanical equipment and remove all loosened material from the Project site until completion of the removal work. The removal crew shall follow within 50 feet of the milling machine unless otherwise directed by the Engineer. The Contractor shall take all necessary measures to avoid dispersion of dust. All material removed shall be considered property of the Contractor and shall be disposed of by the Contractor at its expense. 302-5.2.4 Traffic Signal Loop Detectors. Before cold milling pavement within 300 feet of a traffic signal, the Contractor shall notify the Agency at least 3 working days prior to commencing work within said area. Upon notification, the Agency will mark the location of all existing loop detectors. The Contractor shall not cold mill within 12 inches of these loop detector conductors. 302-5.2.5 Pavement Transitions. Areas where cold milling is done and which will not be paved within 1 week, shall be overlaid with a 2-foot-minimum width of asphalt concrete pavement transition adjacent to gutters, cross gutters, and structures and at existing transverse join lines. Where the offset is less than 318 inch, the overlay may be omitted. 302-5.2.6 Measurement and Payment. Cold milling will be measured by the lineal foot along the edge of the transverse joint lines, adjacent curb, gutter, or cross gutter, or by the square foot as shown in the Bid. 213-1 Pavement Fabric 213-1.1 General. Pavement fabric shall be treated by heat or other processes approved by the Engineer causing the fibers on one side only to become bonded together, forming a glazed, delamination-free surface. The treated side of each roll shall be marked for easy identification. The pavement fabric shall be nonwoven, needle -punched polyester or polypropylene materials conforming to Table 213-1.1. (A). Pavement fabric shall be accompanied with a test certificate from an approved testing laboratory with actual identification test results. The number and frequency of testing shalt conform to 213-1.3. Additional testing may be required by the Engineer. 16 The fabric shall be protected from exposure to ultraviolet rays and stored in accordance with 213-1.4. TABLE 213-1.1 (A) PROPERTY ASTM TEST NO. REQUIREMENTS Weight, oz../sq. yd. D 1776 3.5 to 5.0 Grab Tensile Strength (1-inch grip), lbs. D 4632 90 min. Elongation at Break, % D 4632 40 min., 100 max. Fabric Thickness, Mils D 1777 301050 Asphalt Retention, ortsq. It. See Note 1 3.50 min. Grab Tensile Strength (1-inch grip), lbs. After Asphalt Saturation D 4632 200 min. Elongation at Break, % After Asphalt Saturation D4632 40 min., 70 max. 1. Test per 213-1.5. 213-1.2 Identification. Fabric shall be furnished in rolls wrapped with protective covering to protect them against ultraviolet radiation, abrasion, dust, dirt, mud, debris, and other deleterious forces and substances. The fabric shall be free from defects or flaws. Each roll of fabric in the shipment shall be marked or tagged to identify the manufacturer, type, length, width, date and place of manufacture, and production identification number. 213-1.3 Sampling and Test Compliance. A laboratory shall be maintained at or near the point of manufacture to ensure quality control in accordance with ASTM and other applicable testing procedures. The laboratory shall be approved by the Engineer, and shall maintain records of its quality control results. A manufacturer's certificate shall accompany the shipment and be delivered to the Engineer prior to Installation. The certificate shall include name or manufacturer, chemical composition, product description, lot number, and test results, and signature of an authorized official. A unit is 600 square yards or one roll, whichever is less. A lot is the units produced by a single machine on a single shift without interruption but not to exceed 1,000 units. The number of units tested within a lot shall be equal to, but not less than, the cube root of the units in that lot (fractions of a number to be rounded off to the next higher whole number). Unless a greater number of tests are required by these or other applicable specifications, a minimum of eight tests shall be performed in each of the principal directions for each unit tested. The average of test values may be less than specified. In the even# of any failure, the entire lot will be rejected. 17 213-1.4 Storage and Handling. Fabric shall be stored on clean, dry surfaces, free of foreign substances such as grease, oil, paint, epoxy, cement, or any other substances which would have a deleterious effect on the fabric. When stored in outside areas, fabric shall be kept 1 foot minimum above ground level. The Contractor shall keep the fabric in its protective covering until it is ready for installation. Opened rolls shall be covered by a waterproof cover. No hooks, tongs or other sharp tools or instruments shall be used when handling any fabric. Fabric may be Unloaded or handled in one of the following ways: 1) By placing slings under the rolls; or 2) By using a pole extends 1 foot rr handling devices outside the ends 3) By hand. 213-2 Geotextiles inserted through a hollow core, provided the pole inimum beyond each end of the core, and lifting and are attached to only that portion of the pole located of the core; or 213-2.1 General. This section applies to nonwoven and woven geotextiles. Nonwoven geotextiles shall be needle punched or needle entangled and shall consist of long chain polymeric filaments of polypropylene, polyester, or nylon. The fabric shall be a stable network of fibers which retain their positions relative to each other. Heat bonding on one side is acceptable. 213-2.2 Physical Properties. Nonwoven and woven geotextiles shall meet the requirements for the type indicated in the appropriate table. W TABLE 213-2.2 (A) NONWOVEN Type, PROPERTY TEST REFERENCE 80N 18ON 250N Grab Strength2 ASTM D 4632 90 180 250 lbs.. Min. Elongation, ASTM D 4632 50 50 50 Minimum (at peak load) %. Min. Puncture Strength, ASTM D 3787 45 $0 115 lbs., Min. Permitivity, ASTM D 4491 0.7 0.7 0.7 Sec', Min. Burst Strength, ASTM D 3786 180 320 360 Psi, Min. Toughness, % Elongation x 5,500 10,000 14,000 lbs., Min. Grab Strength Ultraviolet Resist. ASTM D 4355 70 70 % Strength 70 Retained ® 500 Weatherometer Hours 1. N=Nonwoven 2. Minimum roll average in the weakest principal direction. 213-2.3 Identification. Geotextiles shall be furnished in rolls wrapped with protective covering to protect them against ultraviolet radiation and abrasion. Tom wrappers shall be repaired within 48 hours, using an approved protective covering. Each roll of fabric shall be marked or tagged to identify the manufacturer, type length, width, and production identification number. 213-2.4 Sampling and Test Compliance. Sampling and testing shall conform to the requirements of 213-1.3. 213-2.5 Storage and Handling. Storage and handling shall conform to the requirements of 213-1.4. 302-7 Pavement Fabric 302-7.2.1 Pavement Preparation. The surface of the distressed pavement shall be prepared as required by the Plans or Specifications prior to placement of the tack coat and pavement fabric. The fabric shall then be covered with an overlay of asphalt concrete. im 302-7.2.2 Tack Coat. The tack coat shall be AR 4000 paving asphalt. Tack coat shall be applied uniformly prior to placing fabric. The entire surface to be covered shall be free of water, foreign matter, vegetation, or dust before application of the tack coast. The tack coat shall be sprayed with an asphalt distributor at the rate of 0.25 ± 0.02 gallon per square yard or as directed by the Engineer. 4n a new asphalt concrete leveling course, the rate shall be 0.20 t 0.02 gallon per square yard. Hand spraying shall be kept to a minimum. The width of the sprayer application shall be no more than 6 inches and no less than 2 inches wider than the fabric width. The temperature of the tack coat shall not exceed 325°F when the fabric is placed. 302-7.2.3 Fabric Placement. Pavement fabric shall not be placed in areas where the asphalt concrete overlay is less than 1-1/2 inches thick. If manual laydown methods are used, the baric shall be unrolled, stretched, aligned, and placed in increments of approximately 30 feet. Adjacent borders of the baric shall be lapped 2 to 4 inches after placement. The preceding roll shall lap 2 to 4 inches over the following roll in the direction of paving at ends of rolls or at any break. If the lap exceeds 4 inches, a tack coat shall be placed to bond the two layers of fabric together and both tack coast and fabric shall lap by the same amount. The fabric shall be placed with the treated side up and shall be seated with brooms or pneumatic rolling equipment after placing. Turning of the pavement machine and other vehicles shall be gradual and kept to a minimum to avoid damage. Pavement fabric shall not be placed more than 600 feet in advance of paving operations unless allowed by the Engineer. No more fabric shall be placed than can be covered that day. If the fabric is placed within 50 feet of the tack coat spray bar, the first 30 feet of each roil shall be placed by hand, if directed by the Engineer, to allow inspection of the tack coat application. Fabric shall be placed with no wrinkles that lap. The test for lapping shall be made by gathering together the fabric in a wrinkle. The two sides of the wrinkle shall be pressed together from pavement surface to a fold point with equal amounts of fabric on both sides of the fold point down to the pavement surface. If the height of the doubled portion of extra fabric exceeds 1/2 inch, the fabric shall be cleanly cut to remove the wrinkle. The cut shall be made on the side of the wrinkle away from the paving operation. The opposite or longer side shall be lapped over the shorter and the re-laid wrinkle area shall be pressed and smoothed into place against the pavement surface. Any lap in excess of 2 inches shall be cleanly cut away, and then overlapped in the same manner as for smaller laps. A minimum 1/2 inch overlap shall be provided in all cases when a wrinkle area is re-laid. Pavement fabric shall not be reduced more than 2 inches on each side after being placed on the tack coat. If the overall width is reduced more than 4 inches, then the operation shall be stopped and the temperature of the tack coat immediately prior to placement of the fabric or the type of fabric shall be changed. Care shall be taken to avoid tracking tack coast onto the pavement fabric or distorting the fabric during seating of the fabric with rolling equipment. If necessary, exposed tack coat shall be covered a lightly with sand. A small quantity of asphalt concrete, to be determined by the Engineer, may be spread over the fabric immediately in advance of placing asphalt concrete surfacing in order to prevent fabric from being picked up by construction equipment. Public traffic will not be allowed on the bare fabric. However, traffic may be allowed to cross the fabric under traffic control. The Contractor may be required to place a small quantity of asphalt concrete over the fabric to protect it from damage. Full compensation for advance spreading of asphalt concrete over the fabric shall be considered as included in the Contract Unit Price paid for asphalt concrete and no additional compensation will be allowed therefor. 302-7.3 Measurement and Payment. Pavement fabric will be measured and paid for by the square yard for the actual pavement area covered. E ' The Contract Unit Price paid per square yard for pavement fabric shall include full compensation for furnish and placing pavement fabric, including the tack coat. 203-6 Asphalt Concrete 203-6.1 General. Asphalt concrete shall be the product of mixing mineral aggregate, crushed slag aggregate, or a combination of these aggregates with 21 asphalt binder at a central mixing plant. Asphalt concrete will be designated by class and grade, i.e., 'C2-AR-4000" and shall conform to the requirements in this section. 203-6.2 Materials 203-6.2.1 Asphalt. The asphalt binder to be mixed with the aggregate shall be paving asphalt or liquid asphalt conforming to 203-1 or 203-2 and the grade shall be specified by the Agency or its representative. 203-6.2.2 Aggregate. Coarse aggregate shall be crushed rock or slag conforming to 200-1.2. If steel slag aggregates are used to make asphalt concrete, no other aggregates shall be used in the mixture except that up to 50 percent of the material passing the No. 4 sieve may consist of iron blast furnace slag aggregates or natural aggregates or a combination thereof. The rate of feed of each type of aggregate shall be maintained within 10 percent of the amount set. Adequate means shall be provided for controlling and checking the accuracy of the feeder. Fine aggregate for asphalt concrete shall be sand, rock dust, slag, mineral filler, or a blend of these materials. Sand shall conform to the requirements of 200- 1.5.2 Rock dust and slag shall conform to the requirements of 200-1.2. If fine aggregate for asphalt concrete is deficient in material passing the No. 200 sieve, mineral filler conforming to requirements of 203-6.3.1, the individual grading required by 200-1.2 may be waived. Percentages for the combined gradings, within the specified limits, shall be of such uniformity that the material passing the indicated sieves during any day's run will not exceed the maximum variation as specified in 203-6.3.2. 203-6.2.3 Mineral Filler. Mineral filler shall consist of portland cement or mechanically reduced rock. Mechanically reduced rock shall conform to the grading in Table 203-6.2.3(A) when tested in accordance with ASTM D 422. 203-6.3 Asphalt Concrete Mixtures. 203-6.3.1 Combined Aggregates. Combined aggregates, after all processing except the adding of asphalt and mineral filler, shall have a 50 minimum sand equivalent when tested by Calif. Test 217. 22 TABLE 203-6.2.3 (A) PARTICLE SIZE PERCENTAGE Passing No. 200 Sieve 75-100 Finer than 0.05mm 65-100 Finer than O.d2mm 35-65 Finer than 0.01 mm 26-35 Finer than 0.005mm 10-22 When there is a difference in specific gravity (bulk saturated surface dry per ASTMC C 127 and 128) of 0.2 or more between that portion retained and that portion passing a No. 4 sieve, the grading will be modified as provided by Calif. Test 105. 203-6.3.2 Composition and Grading. The grading of the combined aggregates and the percentage of asphalt binder shall conform to the requirements indicated in the following tabulations in which the percentages shown are based on the weight of dry aggregate only: TABLE 203-6.3.2 (A) Percentage Passing Sieves CLASS B C1 C2 D1 D2 E F Sieve Dense Open Dense Open Dense Extra Channel Size Medium Medium Medium Fine Fine fine Liner Coarse 1' 100 314" 87-100 100 100 1/2" 70-87 90-100 95-100 100 100 M. 55-76 72-88 72-88 90-100 95-100 100 100 No. 4 35-52 40-54 46-60- 40-54 58-72 65-85 95.100 No. 8 22-40 18-34 28-42 20-32 3448 45-65 70-84 No. 30 8-24 8-20 15-27 6-18 18-32 22-38 36-50 No. 50 5-18 4-14 10-20 2-12 13-23 16-28 23-35 No.200 0-7 1.6 2-7 0-5 2-9 6-12 6-12 Asphalt Binder % 4.5-5.8 4.6-6.0 4.6-6.0 4.8-6.5 4.8-6.5 5.8-7.8 8.0-10.0 Stabiiomeler Value "S" (min.) 1 35 1 33 1 33 1 30 1 30 23 The minimum stability ("S") value shall be per Calif. Tests 304 and 366. The exact proportions of aggregate and the amount of asphalt binder for each type of mixture shall be regulated as directed by the Engineer. When slag aggregate or highly absorptive aggregate with a K factor greater than 1.7 per Calif. Text 303 is used, the maximum percentage for asphalt binder may be increased up to 2.0 percentage points over the values shown in the table. Percentages for the combined gradings, within the specified limits shall be of such uniformity that material passing the indicated sieves during any day's run will not exceed the following maximum variations: No. 4 Sieve - 6 percentage points No. 30 Sieve - 5 percentage points No 200 Sieve - 3 percentage points. The gradations in the above tabulations represent the limits which shall determine the suitability of aggregate for use from the sources of supply. The aggregate as finally selected shall have a gradation within the limits designated in the tabulations and shall not vary from the low limit on one sieve to the high limit on the adjacent sieve or vice versa, but shall be uniformly graded from coarse to fine and shall conform to ASTM C 136 and C 117 or Calif. Test 202. 302-5.5 Distribution and Spreading. The Contractor shall provide and install a header upon the line of termination of asphalt pavement where shown on the Plans or required by the Specifications. Such headers shall remain in place upon completion of the improvements. Headers shall be 2-inch (nominal size) lumber, the vertical dimension of which shall be within 1/2 inch of the thickness of the pavement at the headerline. The headers shall have a firm bearing on the header subgrade and the top edges shall be set to conform to the grade of the proposed street surface. Side stakes 2 inches by 3 inches (nominal size), 18 inches long, or longer, and spaced not over 4 feet apart, shall be driven on the outside of the headers to a depth of 1 inch below the top edge and then nailed to the header. The joints between the individual boards being used as headers shall be spliced with a 1-inch thick (nominal size) board of the same height as the header and not less than 24 inches long. At the time of delivery to the Work site, the temperature of mixture shall not be lower than aft or higher than 320°F, the lower limit to be approached in warm weather and the higher in cold weather. 24 Asphalt concrete shall not be placed when the atmospheric temperature is below 40OF or during unsuitable weather. The asphalt concrete shall be evenly spread upon the subgrade or base to such a depth that, after rolling, it will be of the specified cross section and grade of the course being constructed. The depositing, distributing, and spreading of the asphalt concrete shall be accomplished in a single, continuous operation by means of a self-propelled mechanical spreading and finishing machine designed specially for that purpose. The machine shalt be equipped with a screed or strike -off assembly capable of being accurately regulated and adjusted to distribute a layer of the material to a definite predetermined thickness. When paving is of a size or in a location that use of a self-propelled machine Is impractical the Engineer my waive the self- propelled requirements. Asphalt concrete of the Class indicated in the following table shall be laid in courses not exceeding 6 inches in thickness. TABLE 302-5.5 (A) Specified Total Minimum Thickness of Pavement Number Class of of Greater But Not Courses Mixture Than More Than (inches) (Inches) 0 1 1 Di or D2 1 1 112 1 C1 or C2 1112 4 1 C1,C2orB as directed. 4 -- 2 C1, C2 or B as directed. Spreading, once commenced, must be continued without interruption. No greater amount of the mixture shall be delivered in any one day than can be properly distributed and rolled during that day. 25 Successive courses may be laid upon previously laid courses as soon as the previous course has cooled sufficiently to show no appreciable displacement under equipment load. The asphalt concrete surface of an alley shall be warped up to meet paved driveways which are 6 inches or less above grade. Such warping shall not extend more than 18 inches into the alley and shall be accomplished by thickening the pavement. 302-5.6 Rolling 302-5.61 General. Asphalt concrete shall be thoroughly compacted by rolling. The number of rollers used with each paving operation shall not be less than specified below: TABLE 302-5.6.1 (A) Rollers Required Compacted Thickness Tons Placed per Hour 1 1J2" More than or less 1 112" Less than 100 1 1 100 to 200 2 2 201 to 300 3 2 More than 300 4 3 Self-propelled compacting rollers shall meet the following criteria: 1) Three -axle tandems, two -axle tandems, and three -wheeled rollers used for breakdown rolling shall be of such weight that the compression load on the drive wheels is at least 325 pounds per inch of tire width. 2) Vibratory rollers used for breakdown or intermediate rolling have a compactive effort of not less than a dynamic force of 21,000 pounds. 3) Two -axle tandem rollers used for intermediate and finish ironing shall weigh not less than 8 tons. .I 4) Pneumatic -tired rollers used for intermediate rolling shall be the oscillating type having a width of not less than 4 feet and equipped with pneumatic -tires of equal size and diameter, having treads satisfactory to the Engineer. Wobble -wheel rollers will not be permitted. The tires shall be so spaced that the gap between adjacent tires will be covered by the tread of the following tire. The tires shall be inflated to 90 psi or such lower pressure as designated by the Engineer, and maintained so that the air pressure will not vary more than 5 psi from the designated pressure. Pneumatic -tired rollers shall be so constructed that the total weight of the roller can be varied to produce an operating weight per tire of not less than 2,000 pounds. The total operating weight of the roller shall be varied as directed by the Engineer. A two -axle tandem roller, weighing at least 5 tons may be used when the areas to be paved are not to be subjected to vehicular traffic and when the asphalt is placed in these areas at a rate less than 100 tons per hour. Other rollers may be used subject to prior approval by the Engineer. As soon as the layer of asphalt concrete has been placed, it shall be thoroughly compacted by rolling. Except when compacting lifts greater than 4 inches in compacted thickness, rolling shall be commenced along the lower edge of the area to be rolled and continued until the edge is thoroughly compacted, after which the roller shall be gradually advanced to the crown point, both sides being rolled in like manner. Rolling shall be continued until the pavement layer has become thoroughly compacted throughout and is true to grade and cross section. For lifts greater than 4 inches in compacted thickness, rolling shall be commenced in the middle of the mat, after which the roller shall be gradually advanced to both edges. The roller should be advanced to a supported edge first, if applicable. Rolling of an unsupported edge should be delayed as long as possible, provided the required densities are obtained after the completion of the finishing rolling. All rollers must be maintained in good mechanical condition, and those that cannot be driven along a straight path or operated without jerking, shall not be used. No leakage of petroleum products from any roller shall be allowed to come in contact with pavement being constructed, nor shall any roller be permitted to stand motionless on any portion of the work. The surfaces of all roller wheels shall be treated with sufficient water to prevent the pickup of bituminous materials, but under no circumstances shall the quantity of water used be detrimental to the surface of the pavement being rolled. 27 302-5.6.2 Density and Smoothness. Upon completion, the pavement shall be true to grade and cross section. When a 10-foot straightedge is paid on the finished surface parallel to the centerline of the roadway, the surface shall not vary from the edge of the straightedge more than 1/8 inch, except at intersections or at changes of grade. Any areas that are not within this tolerance shall be brought to grade immediately following the initial rolling. However, if the paving material has been cooled below the lower limits of the spreading temperatures prescribed in 302-5.5, the surface of the pavement shall be brought to a true grade cross section by removing the paving material in the area to be repaired, by an approved method, to provide a minimum laying depth of 1 inch of the new pavement material at the join line. Repairs shall not be made to pavement surfaces by feather -edging at joins. The compaction after rolling shall be 95 percent of the density obtained with the California Kneading Compactor per Calif. Test 304. The field density of compacted asphalt concrete shall be determined by: 1) A properly calibrated nuclear asphalt testing device in the field, or 2) ASTMD 1188 when slabs or cores are taken for laboratory testing. Zinc stearate may be substituted for paraffin. In case of dispute, method 2) above shall be used. 302-5.7 Joints. Joints between successive runs shall be vertical and at right angles to the line of the improvement. Care shall be exercised in connection with the construction of all joints to ensure that the surface of the pavement is true to grade and cross section. Lapped Joints will not be permitted. 302-5.8 Manholes. City Sewer crews to provide and place riser rings on day of paving. 302-5.9 Measurement and Payment. Asphalt concrete pavement will be paid for at the Contract Unit Price per square foot, or at the Contract Unit Price per ton as shown in the Bid. Such price shall constitute full compensation for the preparation: of subgrade and applying tack coat if required. Resetting, reconstructing, or adjusting manhole or vault frames and covers to grade will be paid for as provided in 301-1.7. When payment is to be made'on a tonnage basis, the Contractor shall furnish to the Engineer at the time of delivery of the material to the job site a legible copy of a licensed weighmaster's certificate showing gross, tare, and net weights of 28 4 f 7 1 each truckload of asphalt concrete mixture. Failure of the Contractor to provide a certificate to the Engineer by the end of the day on which the material represented by such certificate is delivered to the job site may, at the discretion of the Engineer, result in the forfeiture of all payment for such material, including any labor and equipment costs included in the price for furnishing and placing the asphalt concrete. When an automatic batching system is used, the licensed weighmaster's certificate may show only the net weight of material in the truck load. These certificates may be signed by a representative of the Engineer at the plant as well as the project site. These certificates iwll be used as the basis of payment. If steel stag aggregates are used to make asphalt concrete, and if the specific gravity of a compacted stabilometer specimen is in excess of 2.40, the actual weight of the asphalt concrete shall be adjusted for payment purposes. The stabilometer specimen will be fabricated in accordance with the procedures in Calif. Test 304 and the specific gravity of the specimen will be determined in accordance with Calif. Test 308, Method C. The adjusted pay quantity will be determined by multiplying the actual weight of each by 2.40 and dividing the result by the specific gravity of the compacted stabilometer test specimen. Such adjustment will be applied by the Engineer as often as is necessary to ensure accurate results. Payment for installing headers, where required, will be made at the Contract Unit Price per linear foot for headers. 29 �'I N m� x o� z 126 j 1270 128 goo HUNTI,NGTON BEACH -+ BOLSA '^ AVE p ARGOSY a - 137 138 139 ! 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SOOZ ISOOZ zSOD2 15DDz ZSaOL t50oL ZSDOZ TlOQL YOOZ I400Z ZYODZ TYoaZ ZIDOZ IYOOL Z►OOZ ICOOZ ZCOOZ TCOOZ Z£QOZ iC00Z TCOOZ iCOaZ EOOZ i7 � uooz cl) zroot � tzooz 0 zzooz � tzooz 'TLODZ zzooz ZOOL 9YDZ b»oNJbw ootoz :0 � "`0i 19 *is Le�oz CD30nr O rn 'a NowIs _ ZIOL ZYUZ Z►UZ - ::o6oz U, to►ur ZGCOL 0 m ,10 o 1 o H:)d3$ NQ1JN11Nfi4 9tC 0 Vann � L 1N31Nlaed3a 301-10d NOVE19 No1JNI1NnH �- A' rip w (Bel Space For City Clerk 1s us- Only) Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatur Council Meeting Date: April 1,1996 Department ID Number: REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS , r"x c: r7 � MITTED BY: MICHAEL T. UBERUAGA, City Administrato U , �� REPARED BY: LES M. JONES II, Director of Public Works , n'Q y r SUBJECT: RESURFACING OF RESIDENTIAL STREETS; 382 r- I; statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Env1ronme;pJL5;atus. Attachment(sJ✓,#r Statement of Issue: All bids, received on March 7, 1996, for the resurfacing of nine residential streets should be rejected and the project re -bid. Funding Source: The 1995/1996 approved budget includes sufficient revenues for this work in fiscal account E-SF-PW-891-6-32 (Improvement, Streets). Recommended Action: Reject all bids for the resurfacing of nine residential streets. Alternative Action(s): Award a contract to Industrial Asphalt for the resurfacing of nine residential streets, and approve a project budget of $84,355. This budget will cover the contract ($76,723) and any change order costs not to exceed $7,672. Analysis: On February 20, 1996, Council authorized staff to obtain bids for the resurfacing of nine residential streets. E--q REQUEST FOR COMM-,,1ON ACTION Ming Date: April 1, 1996 RESURFACING OF RESIDENTIAL STREETS MSC 382 Bids as summarized below were received on March 7, 1996. CONTRACTOR BID AMOUNT Industrial Asphalt $ 76,723 Excel Paving 80,940 R.J. Noble 82,184 All American Asphalt 82,227 Ruiz Engineering 84,131 Sully Miller 85,608 The low bid amount of $76,723 was substantially less than the estimated cost of $200,000. Upon further analysis, it was learned that staff had placed a decimal point in the wrong position when calculating the cost of petromat (i.e. a fabric material layed down on the street before paving is placed). The estimated cost, for 186,472 square feet of petromat, was based on seventy-five cents (750) per square foot rather than seven and a half cents (7 1/20). Thus the actual bid costs were substantially less than staff's estimate. Furthermore, the scope of work was limited to fewer streets than possible. Based on a recalculation of costs, and a budget of $200,000, sixteen streets could be overlayed this year. While a contract could be awarded now, for nine streets, it is uncertain whether the combined cost of this contract and subsequent contract, for the remaining seven streets, would be cost effective. Furthermore, it is more expensive to administer two contracts. Therefore, staff recommends that all bids be rejected and the Plans and Specifications, for the overlay of sixteen streets, be presented to the Public Works Commission on April 17,1996 for comment and review prior to any further action. Environmental Status: NIA Attachments(s): PAGE NUMBER None 35A.RCA -2- 3121196 1:19 pm RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorne SUBJECT: Oil Spill COUNCIL MEETING DATE: Aril 1, 1996 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the Cit Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomyj Not Applicable Financial Impact Statement Unbud et, over $5,000 Attached Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORW ED Administrative Staff Assistant City Administrator initial City Administrator Initial Cit Clerk EXPLANATION FOR RETURN OF ITEM: STATE OF CALIFORNIA COUNTY OF ORANGE On MAY 28, 1996 PERSONALLY APPEARED SS. — , before me, M. TREDINNICK, NOTARY PUBLIC MICHAEL A. QUIGLEY personally known to me (or proved to m:-� on the basis of satistactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the s�,n .e in his/ her/their authorized capacity(ies), and chat 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. WTINESS my hand and official seal. V �i Signature - i.t. T. , CC:.; W0TAAY P jo ,3 - C,-.L+�C.":lAA ?�'a df ORANGE COUNTY a S! " My Comm. Expires Mar. 28, 1999 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TnLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL _ ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE io-tiSi Rev t,/94 ALL-PURPOSE ACKNOWLEDGEMENT