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HomeMy WebLinkAboutBelczak and Sons, Inc. - 1988-02-23SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AWRICA r . PIO ME OFFICE: SAFEiCO PLAZA SEATTLE. WASI*NGTrA 96165 Mond No. 5537338 MAI;.TENANCE BOND KNOW ALA, BY •THESE PRESENTS. That wc, Helczak & Sons, Inc. as Principal, and SAF=CCO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of California as Surety, arc held and firmly bound unto The City of Huntington Beacli as Obligee, in the penal sum of Three Hundred Thirty Three Thousand Cne Hundred Twenty Five and no/100---- _ (S_ 333,125. OU----- ). to which payment well and truly to be made we do bind ourselves, our and each of our 1._trs, executors, administrators, successors and assigt_s jointly anti scvrrally. firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City of Huntington Beach _ dated February 18, 1988 for Heil Avenue Flood Control Itnorovements (" + CC C-49 WIIEREAS. said Contract has been completed, and was approved on 29Lh day of; NOW. THEREFORE -THE CONDITION' OF THIS OBLIGATION Is SUCH, That if the Principal shall guarantee that the work will be free of any defc_tive materials or workmanship which become apparent during the period of -..1____ ycar(s) foliowing completion of the Contract then this obligmion -.hall be void, otherwise to remain in full fore: and effect, provided huueve-, any additional warranty or gu?ranter whether exp-csscd or implied is extended by the Principal or Manufacturer only, and the Surety assuwcs no liability for such a guarantee. Sigtncd, sealed and dated this 17th _. day of (Stal) (Seal; SAFECOINjt! ANC1= COMPANPOf- AM1:Rl•..'A Stanley CC."' Lynn 1tt��rnty•i�-F act j `w�zy�..rl a.rfr•.ra.� d j,A�E�.0 f,.n....r• rf,h'IUtOU`:A AMA of Califorms.cot" of y • Qrange ) On this - J?tb._._�. day of June M the year 1988 before me Not of Public apperred ^Sr. ., i alet--—: n,n - personaMy kno*n to me cin idenct) to be tht (proved to me on the basis of sa+isf*ctary av person whose name is subscribed to this instrument as the Attorney -in -fact of S a f e c o Insurance Company of Ameleieaand Xknow*lge ton* that he (she) subscribed the name of Safeco Insurance Company of America thereto as surety, and hiIn name as Attofney•in.Fact. OFFICIRI SE / Mary J. Jen`� j NOIARy PUBLIC-fAJ t pv„ 4CIrAl OFFOR3n COIot�,, ublic in and for said County ComrtlugnEres .®•4 '�'jj,2'Mo"...'".__ "".r....wS-..,..... ...�'n..i....w1.W'f�i:..Ml.'ONp.ft:►Y':wN'A.!r.iM7aw^N+uw".'""`....«..�.......... -.. _. "'- �1't`P�:�11'Ri%i ' !, 'IleOW POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WACHINGTON 9618E No. .- - - 4571_-_- KNOW ALL BY THESE PRESENTS: That SAFECO. INSURANCE COMPANY OF AMERICA, a Washington corporation, doers hereby appoint ... ,.—__.._—_.--. STANLEY C. LYNN, Irvine, California --- its true and lawful attorn"s;-in-fact, with full authority to execute on behalf of the company mMlity and surety bonds or undenakirtgs and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regolarty elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of December . 1y 87 i CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Artic'e 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 operation;, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate lilies 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 s,gnatures may be affixed by facsimile. On anti instrument conferring such authority o! 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. pro•rided, however, that the seal chr:: not be necessary to the validity of arty 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. (ij The provisions of Article V. Section 13 of the By -Laws. and (ii) A copy of the power -of -attorney appointment. executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may':.e a facsimile thereof." 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby certify !hat the foregoing extracts of tho By -Laws and of a Resolution of the 9oard 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 1lesolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, l have hereunto sat my hand and affixed the facsimile seal of said corporation this 171-h .- day of __ JS,Ln£ _ , 19 tie .. i 1 Xx1 Q5 L b MA it C 04 V s M 0 THIS AGREEMENT is made and entered into on this 23 -;day of Ak 1988, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of• the State of California, hereinafter referred to as "CITY," and BEGCZAK AND SONS, INC., r 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 Gothard/Heil Storm Drain Improvements, in the City of Huntington Beach, California, and, CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to Complete and construct the PROJECT in a good and workmanlike manner. 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 prof ec:ution of work= and for all other risks 1 .. of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except Duch as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in j the manner shown and described in this Agree- ment, 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 iu to be computed on the basis of the units of work as it is act-ially performed, in accordance with the stipulated prices named in the Bid Sheet (s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job siCe, and the conditions under which the work is to be performed, and that it enters into Lhis Agreement based upon its investigation of all such matters and is relying in no way upon any opinion: 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 vet forth at lengt:: herein, and i:hat CONTRACTOR and itj subc:ntractcrs, if any, shall be bound by said Crnt:ract Documents insofar as they relate in par:. or in any way, directly or indirectly, to the work covered by this Agreement. I "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreedupon= C. Tne CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1985 edition of Standard Specificati.on3 for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated Genera! 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 E::hibif ~A"); F. The particular plans, specifications, special provisions &.1d addenda applicable tc the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Puns and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In ca3c of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTIRACTOR to t:hr Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by - 3 - 11 • CONTRACTOR,,. save only at its own risk and expense. Should thrie be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shell control and nothing herein shall be considered as an acceptance of the terins of said bid or proposal which is in cor,:'Iict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full comps;isation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of three hundred thirty three thousand, one hundred twenty five dollars ($333,125.00), as set forth in the Contract Documents$ to be paid as provided for in Sections 1, 61 13 and 14 herein. 4. COMMENCEME?1T OF PROJECT CONTRACTOR agrees to comnence the PROJECT within ten (10) wor"hing days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred eighty (180) calendar days from the day the "Notice to Proceed" is issued by Department of Public Wor;.s, excluding delays provided for in Section 11 herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of t:ie essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required oy the Contract Documents foe all shop drawings, details and samples, and do all other things necessary and 4 - inciOtkntal by the proo6cution of its work in conformance with the progress schedule set forth in the Contra,:t Dacuimen'tv.. CONTRACTOR shall cQardinate its work With the work of all other -:, contractors, Subcontractors a.id CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 .hcrein. CITY shall have complete control of the premises on which the work is to be performe-3 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, subcontzact-ors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises- 6. CHANGES CONTRACTOR shall adhere strictly to the ,plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY Shall net pRy 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. thouid 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 5 E s ,be- negotiated by the parties upon coat and pricing data nubmitted,by.the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract pri.ca 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 oeen given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. s. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnist, the following bonds approved by the City A-ztorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the work and tc warrant such performance for a period of one (1) year alter CITY'S acceptance thereof,and - 6 - w • one in the amount of fifty percent (501 ) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WRRRANNT,IES The CONTRACTOR unconditionally guarantees all Work done under this Agreement including, but not limited to; any - workmanship, installation, fabrication, matr.rial 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 mare appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDF?4NDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deducLiona for CONTRACTOR any' its officers, agentB and employees, and all business licenses, if any, in connection with the PROJECT. 11. I,IOUIDATED 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 4ompleted within the number ofworking/calendar dayk as set forth in Section 4 herein, damage - 7 - 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 siista.in in tht event of and r 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 three hundred dollars ($300) per day for each and every working day's delay in completing the work in excess of the number of working/calendar clays set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for tiie foreseeable losses c:ITY 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 grantel an extension of time and will not be assessed damages For any portion of the delay in completion of the work due to ur,forseeab? causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of. Cod or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15,` days from the beginning of any sa-c.� 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, 8 in its judgment, the findings of fact thereon justify the delay; ` and the decision of the DPW dhall be conclusive on the parties hereto. r Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting For materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default o: collusion on the part of CONTRACTOR, or iru 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 CUNTRAACTOP, has thus peen delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of t:he commencement of such Delay. tlo claims for additionGl compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said exte;ision of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before ouch conditioas are disturbed, notify the rpw in writing of: (a) sutFurface or latent physical cond-iLi.ons at the job o.te 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 tc be performed under this Agreement. The DPW shall promptly investigate the conditions and if it Finds that such 1 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 i 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 j 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 I 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 t;;an 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 CONTIRIXTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid 0 �w schedule. No claim by CONTRACTOR for an equitable adjustments 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 4.ncrease 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 -:he amount of all p. evious payments since commencement of the work, will be paid to "ONTRACTOR. 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 kid 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 mann,r required by law, each payment to be accompanied by a certificate signed by the DPW, affirming chat the work for - 11 •- Which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract prase shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement. lb. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this t ? Agreement, CONTRACTOR shall file with Lhe DPW its affidavit stating that all workers and persons, employed, all firms supplying materials and all subcontractors upon PROJECT have a been paid in full and that there are no claims outstanding against PROJECT for either labc.r or material, excfzpt certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR Of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 12 w er 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees aga.n3� 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 property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by CITY, save and except those which arise out of the sole negligence or sole willful misconduct of CITY. CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 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 cor.nly with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an anount of not less than One --hundred Thousand Dollars ($100,000), at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of 13 jr.vraf:!�}'77j"srcT�ra�^1;,�..o[— 00 a the work hereunder, furnish to CITY, wn a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days pri:;r to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnifirition of CITY by CONTRACTOR under Section 18 of this Agreement. 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. j 20. INSURAyICE CONTRACTOR shall carry at all times incident hereto, on j all operations to be performed hereunder, bodily injury and i property damage liability insurance policies including automotive bodily injury damage liability insurance, x 1 underwrittenby insurance companies in forms satisfactory to r 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, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONT:2AC OR shall suhscribe for. and maintain said insurance policies in full force and effect during the life of this ►+� - 14 -- Agreement, in an amount of not leas than One -Million Dollars (418,000,0000) combined single limit coverage. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furn__:h to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; 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 will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy :f all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specifiedt or is adjudged a bankrupt or makes an !�ssi.gnm.:nt £r)r the benefit of credl torts or becomes insolvent, or violates any provision o.f this Agreement or the Contract Documents, CITY may give notice in writing of its intention to t:ermindte this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been nerved 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 procress payments then or to tecome due to CONTRACT-)R. 22. .SPOSITION OF PLANSr ESTIMATES AND OTHER DOCUM"-NTS CONTRACTOR agrees that upon completion of this work to be performed hereunder, or upon earlier termination or 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 cosy. 23. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior writter, consent of CITY and the surety. 24. 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 Agreements in violation of California Government Code Sections 1090 et seq. - 16 - 0 25. ATTORNEV S FEES if any action of law or in equity becomes necessary to enforce or interp-et the terms of this Agreement, t..a prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney's fees, costs and necessary disburse- ments arising out of the processing of sai.; Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONV1,ACTOR. CITY may charge an administrative Fee of One --hundred Dullars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or Rums owed by CITY to CONTRACTOR under this Agreement. 26. NOTICES All notices required or permitted her --adei shall. be lelivered in person or by registered or certified mail to an authorized representative of the party to Oom delivery is to be made, at. the place of business of such party, or to any other place designated in writing by such party. - 17 - 27. CAPTIONS Captions of the Sections of this Agreement are for con- venience 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. 28. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. BELCZIrniOsokporition and soN INC. a Ca�i im S. elczak, residen t do et y/ ea t� n J. Be czak, a -Prey. TTEST : ra6;; * qj/�117WV2* City Clerk REVIEWED AND APPROVED: City Administrator be 1 CITY OF HUNTINGTON BEACH a Municipal cor ra ion APPROVED AS TO FORM: C y Attorney �a - g - r S ex, 1s INITIATED AND APPROVED: rr r Lys .�7 Director of Pub1 c Works EXECUTED IN FOUR Cpe"�RPARTS No. 5479088 Millm: $3,831.00 PERK MANCE BONA W41j, Selcz k, & Sons,, xnS.as Principal, and Safeco insurance y of �yri a ws surety, jointly and severally, bind ourselves, our hairs, representatives, successors and assigns, as sat forth herein, to the CITY OF KtYNTINGTON BEACH Three Hundred (herein called owner) for paynant *f the penal sun of whir tv Thrye Thous , d Qar. flur, dig; T•ntv Eivs and nn/MQ.----.--- ----------r -------------- - Dollars ($ ,a�3,-1� n,o -- ).� lawful t_,1ey of the t Un � States. Owner has awarded Principal a contract for the construction of HEIL AVENUE FLOOD C0K`OL IhPROVZ MS CC 64SP THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things abide by and well and truly keep and perform the covenants, and agreements in the said contract, and any alteration thereof made as therein provided, on his part to be kept and performed at the tine and in the manner therein specified, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall. indemnify and save harmless the Owner, the Engineer/Archit`e,;t the owner's Representative, and their consultants, and each of their directors, officers, e2ployeas, and agents, as therein stipulated, this obligation shall become null and void, otherwise, it shall. be and remain in full force and effect. Surety agrees that no change, extension of tin*, alteration, or addition to the teseue of the contract, or the work to be p-rformad theraunder, or the plans and specifications shall in ar. y wise affect its obligation on this band, and it does hereby waive notice thereof. City of Huntington 54ach 0C-H10-200-01 C31201AC `tKrtl1 ri: 7 Performance bond - 1 of 2 r 0 Pr. inciY' a l and Surety agree that if the Owner is required to ongage the services of an attorney in connection with the enforcement of this bond, each small pay owner's reasonable attorney's fees incurred, with or without suit, in addition to the above sun. Exe,cuted in four original counterparts on (Seal if Corporation) February 18 , 19 88. Belc:zak &-Sons. Inc. By Title i (Attach Acknowledgment of Authorized Representative of Principal) Any cla►ins under this bond may be addressed to: Safeeo _I.pagrange Company of &&erica_,,, (nave and address Of Surety) 17570 Brookhurst UtLeet..,�. Fountain Valley, CA 92708 Sullivan ,A_Syrtis InsUgl nce i)r era (nano and address of Suret v a agent for service of process in 21QO gain stre.►t. Suite 2.2Q California, if different from above) Irvin„ i , Ca 92714 j-,4:.U_2122 , (telephone number of Surety's agent in California) (Attach Acknowledgnent) APPROV"IM : (Attorney for OM R) NOTICE: .� 5Li Y ttorne -fact) Stanley C. .Lynn No atibstitution or revision to this bond fora will be accepted. sureties must be authorized to do business in and have an agent for service of process in California. Certified cosy of Power of Attorney must be attached. City of Huntington Beach OC-HIO-200-01 ca 12o1&C Performance Mond w 2 of 2 ATTORNEY IN FACT ACKNOWLEDGMENT 5TA'TL OF CALIFORNIA r. C'wny of _Or OR r 18ti+ -- - - day �( _ Xchrgary . w the ytae . 1gBF3 . . _.._ _ . bctort me, a Noary Poo in and lac ow ` � 7 • ... y . Gown:;. smt of Cal,torn,a, 1eud4ag thelm. Iwly coM+I 1w4 tj am loom. *ettiopAy Lynn ........_.__.._ _.... _.. _.. (�prrM#aMl 11,+•11 N t+rc. D p*.cd M,eit �tl►t ►atla ataflMrarta�ry tfMeoto w W At petum *host nan►t is substntwd to th,t lostrwrnent at tht attorniey io htt ert. 5! ittC�? _I ntut; �nC!_ Cgr�dny_p� hint al cA_ tttr/ aclM•rkd�td to tt�e that�"l l,t D aAs wbtcribtd tht name of .. Sa!'eCo ,1n�uranct_ Catnprn,�'_O{, llttl�i���M»�____thertta al 1Mir. Mw (a lb D kit *so 114mt at attornty IA fact IN WITNESS WHEREOF. 1 have hmmoto wl Iny hard and &Mktd ,ny oAirul ttal. At day at�.ytar siatcd M INS :tndkatt above. .� ,.._.�,.. j N(mar) NN+c ;} C+'Ittlli Nlytammi�sNa+tap+ret July 31, 1989 14 Conmrs:o:1 f:picti l��y 31. 1989 .._. M�+a•-, at ��ii1..Fr�:,..w.sxa•.5,::+ •.t-1: .. .... �'5:..:'t�ti4��tittia.il.;"..�•.'�'';..r.....,..+-r.v,.......,.�..... .._.,,.,,.,u�,.7�i'iits°N�Lit# i ,11�d EXECUTED IN FOUR CO`*"�'FRPARTS Bond No. 5479068 ')resmiu.m: included in - cormance Bond PAYMENT BOND nelcxak � Sons, Inc. We as Principal, Safeco Insurance Company of America and as Surety, jointly and severally, b n ourselves, our heirs, representatives, successor* and assigns, as set forth herein, to the ' CITY OF HUNTINGTON BEACH Three Hundred (herein called Owner) for payment of the penal sum of 5 Thirty Three Thousand One U undLed Twenty Five and no/100------.---------------- ----------------------- ---------------------- ----------- Dollars ( 333,125.00------------..-- lawful money of the United States. Owner has awarded Principal a contract for the construction. of HEIL AVENUE FLOOD CONTROL IKPROVEXENTS C.0 649 If Principal or any of his subcontractors tails to pay any of tha persons named in Section 3181 of the California Civil Cods, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract or during the one-year guarantee period, or for any amounts regiiixed to b+e deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors purxuant to Section 1.3020 of the Unemployment insurance Code, with respect to such work and labor, them Surety will pay the same in an amount not exceeding the sum specified above, and also will pay, in case suit is brought upon this bend, such reasonable attorney's fees as shall be fixed by the court. This bond shall inure to the benefit of any of the persons named in Section 3161 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. • Surety agrsrs that no change, extension of time,, alteration, or addition to the torus of than contract, or the work to be performed therwunder, or the plans and spe3cifications shall in any visa affect its obligation on this bond, and it does hereby waive notice thereof. City of Huntinn".. 'n Beach L �• oc-Nxo-200-01 C31201AC Payment Bond - 1 of 2 i U 0 r, Principal and Surety agr+es that should owner become a party to any action on this bond that, each will also pay owner's reasonable attorney's fees incurred therein in addition to the sum above set forth. Executed in four original counterpar,t3 on (Seal if Corporation) rebruaa 1& , 1988. elrzak-&,Sons, I By (` L' Title PAci� Or,- ,...r I (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: Sa#aCX, x - Wraius. rQmp of zu=._ (name: and address of Surety) 1'7 77 arf`G1kburt— Gtre1't ♦ t w (name and address of Surety's agent '�)r service of process in California, if different from above) (,414)-4i.54-�74-74„ (telephone number of Surety's agent in California) (Attach Acknowledgment) APPROVED: (Attorney for OWNER) NOTXCF♦ Y � (Attorne -� -Fact Stanley C. Lynn No substitution or revision to this bond fors will he accepted. Sureties must be authorized to do business in and have an agent for service of process in Ca:.ifornis. Certified copy of Power of Attorney must be attached. City of Huntington beach OC-H10-200-01 C31201AC Payment Bond - 2 of 2 ,. ;q. POWERSAFECO INSURANCE': COMPANY OF AMERICA No 0� ATTORNEHOMEOFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98166 No. 45Z8 ._ WjOW ALI. BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby arr;oirt ...._..__........_,___.�..STANLEY C. UYN, Irvine, California -- its true and lawNl 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 cumDany in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA theret:y as fully as if such instruments had been duty executed by its regulorly elected officals at its home office. IN WITNESS WHERE:Oc, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd __.dayof December .1g 87 CERTIFICATE Extract from the Ely -Laws of SAFECO INSURANCE: COMPANY OF AMERICA: "Article V, Section 13. — FIDELtTY AND SURETY BONDS ... the President, any Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed ov facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, me- 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 Ely -Laws, and (ii) A copy of the power -of -attorney appointment. executed pursuant thereto, and (iii) Certifying that !said power-of-attorne; appointment is in f till fort,d and effect, ,he signature of the certifying officer may Le by facsimile, and the seal of the Company may be a facs►rr.ile thereof." 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby cerilly that the foregoing extracts of the ay -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 WHFRF0F. I have hereunto set my hand and affixed the facsimile sent of sand ,:orporation this �'It}' _ day of _Febraa: y 19 A8 i S•tyf7patll�/� ATTORNEY IN FACT ACKNOWLEDGMENT STAr[ Of CALIFORNIA 0A *k a.0fis. _.day,(.jEqbruary in the ysu ._. �.1.988 Orar•r►o ..._. _..._._.._. Wortmt. a Notary i'ublic ir► and for said � .�_.._.._..�w.StanUF C, Lynn _ .. _ _.� .County. Sure of Calitornu. rtsiding tktcin, duly commissioned and %%om. perso"80y t►mutd ......_- t�rrtsoaagy Iknrwa 10 W. 0 prorled to WA " the bUk 0 sathtatliry crldcowee M be eke pttm whose name is subscribed to this inttrt♦mcm as the &,%* my in fact of _ Ss # eco I n s.r.ant .�tY_V"1l1XL0A.._ seed actmwkditd tome tkatt] Ise o slre subsvfW4 ttte name of S6f*Sc Insurance fr¢ot nr o� J►n�.er_L ___„__._._therttd rt WWI. wed Is bit 0 ►cr owst resit as attatney Is fact. I' M avow-14a �'•��L� ..� s fii•i t;:.t cr :.t hl _ >� �j 1lrlli.tiiV�";i r,(~i�I1fl�,tt1A gRit';I;F tGtl►� 1 t My CuT,mi;sxon bpf �s July 11. 19!9 std my alkial seal. the day rend yea: stalled iet this cersiilcatt abm. Z' 47 Notuy Public July 31, 1989 My cornnissir+n espires . . , . ............. — -. ... :S1i :.n*fi".`:'iii. i i4W+".+'."'.' EXECUTED IN FOUR CCU ,)ERPARTS Bond No. 5R'19088 " Premium: $3,831.00 PZRFOPXUCE BOND we, Aelczak sons, Inc. as Principal, and Safeco Insurance Company of America as Surety, Jointly and several y, bin ourselves, our heirs, representatives, successors and assigns, as sit forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for print of the 'renal sun of Thrce hundred Thirty T:Mee Thousand One Hundred Twenty five and no/100 ---------------------- ------------------------------------- Dollars ($ 333 1 Z5.00 --------------) lawful money of the UREe 5tats�t. owner has award Pr nc pe a contract for the construction of HEIL" AVENUE FLOOD CONTROL IKPRO'VDMNTS CC 649 THE CONDITION OF THIS OSLIGATXON IS SUCH that if the Principal shall in all things abide by and well and truly keep and perform the covenants, and agreements in the said contract, and any alteration thereof made as therein provided, on his part to be kept and performed at the time and in the canner therein specified, and shall faithfully fulfill the, one-year guarantee of all materials and workmanship, and stall indemnify and save harmless the Ownor,, the Engineer/Architect, the Owner's Representative, and their consultants, and each of their dir'ectort, officers, employeev, and agents, as therein stipulated, this► oL1 'Wgation shall become null and void, otherwise, it shxil be and regain in full force and effect. Surety agrees that no rhangs, extension of alteration, or addition to the terms of the contract, or tha work to be performed thereunder, or the plans and specifications shall in any wise affect its obligation an this bond, and it foes hereby waive notice thereof. City of wuntingtin Beach OC-H10+-200-01 C3 X201AC I -f , C I '�..� t �.., •,?sue' -.. D ;-11— .-', aiI il' t1t orrier Performance bond - 1 of 2 d r . o ,. Principal and Surety agree that if the owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay turner's reasonable attorney's fees incurred, with or without suit, in addition to the above sun. Executed ,in four original counterparts on (Seal if Corporation) February 18 fig RB Bel.czak & Sons, Inc. 9y Title +CIPAL (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: Safeco ;nsurance Coripany of America (nano and address of Suroty) 17570 Brookhurst Street Vountain Valley, CA 92708 Sullivan 6 Curtis Insurance Brokers 21OU gain Street, Suite 350 Irvine, CA 92714 ( 714 ) 250-7172 (Attach Acknovladquent) APPROVED: (Attorney for OWNER) (name and Address of Surety's agent for service of process in California, if different from above) (telephone number of surety's agent in California) Safeco Insurance Company of Aneri.ca SURETY EY,..-' (Attorney- Pact) Stanley C. Lynn NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-Hlo--200-01 C31201AC Performance Bond 2 of 2 A r ArrORMEY IN FACE' ACKNOWLEDGMENT STAtt " CALIFORNIA Cv*ml all OrfnXa. Oa this JJ0-t t. ...._ ._.._day of February ___._______. in the yeu 1988 ..._.._. kkft sne. a Naary Public M and far said ._._.,......w.. orarita• _ ._. _ .. _ _... _Co►!nty. Start otCahforara. rtsidin= tMrrin, duly a mm,tsiomd as+d sr►ont. personaly &w81ile�t-�.j+ttT! w ..�..� _� �...... crp rweaMy lows to ON, © retved N one N OR kUb of all bow? IImom M W dw person ghost name is svbsarti+ed to this iostramtni at the anomy is fact of Stf-119 1111M.UB• 92eirLsVA— si«I iKtttrkdted to n+e that be Q cite subscnbsd the aarrtt: of SateCo Inasuranclir t��r o 'r�.._.._....�tMereto to twfatr, wW Is bb (3 !er owli name as Wormy in fall. IN WMNESS WHEREOF. I Mvt Merevatt; wl my hand and allised my ON -cal scat. Ik d7Y&year stated is this certilkate a:!ve. Notuy Pvbbc Mar, ,1. Jennison • . t,OTAP • 1�' f:atiran,a' July 31, ISS9 PP:Nc1;;! hFEt4.1 D! Mycommisskmezpirts ORANCE Ct►UN' y ,. Mt Commmkui Eyprc-, lu'q V. 1989 . _ .. � .. ... ..... .........._...,........._......�r..+uewy�'.k, ;./P!. . •rj ^..i1 "iyh'.b�i�l:itl ial:;:.'�lH!r"� A 1,-..,4. .:1 ., :.etc EXECUTED IN FOUR CQ �PRPAATS bond NO. 5479088 Premium: included in Perfvrmance Bond PAYMENT BOND Not Belcxak & Sons, Inc. as Principal and Safeco Insurance CompanX of America as Surety, jointly 3nd severally, bind ourse vas, our hairs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called owner) for payment of the penal sum of .Zhru%g 11ija$ ed ---------------------------------------Dollars ($ 313.1as-------------� lawful money of the United States. Owner has awarded a contract for the construction of HEIL AVENUE FLOOD CONTROL IMPROVEMENTS CC 649 If Principal or any of his subcontractors fails to pay any of the persons named in Section 3181 of the California civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract or during the one-yoar guarantee period, or for any amounts requirad to be deducted, withheld, and paid over to the Franchise Tax board from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of tha Unemploym*nt Insurance Code, with respect to such work and labor, then Surety will pay the some in an amount not excclding the sun specified above, and also will pay, in cane suit tit brought upon this bond, such reasonable attorney's fees as shall be fixed by the court. This band shall i.rrs t,,.% the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety agrees that no change, extension of time, s1terat:ion, or adii.tion to the terms of the contract, o: the work to be performed thereunder, or the plans and specifications shall in any Wise affect its obligation on this bond, and it doer hereby waive notica thereof. �� ;:;;�:,•; F, .�l ; '-,� ��� .�;a G tt I L .i" 1,,i' ;: -:; A". kc. noy City of Huntington beach OC H10'-200-01 C31301AC Payment bortd - I of 2 I Principal and Surety agree that should owner become a party to any action on this bond that, each will also pay owner's reasonable attorney's fees incurred therein in addition to the sua above set forth. Executed in four original counterparts on February 18 , 13 ee . Belczak i Sons, Inc. _ (Seal if Corporation) By+„�s+�l Title I`'c.�•0 (Attach Acknowledgment of authorized Representative of principal) Any claims under this bond may be addressed to: Safeco insurance Company of America (name and address of Surety) 17570 Brookhurst Street Fountain Valley, CA 92708 Sullivan 6 Curtis Insurance Brokers 2100 A;ain Street, Suite 350 Irvine, CA 9271: (name and address of Surety's agent for servic-� of process in California, if different from above) (714) 250-7112 (telephone number of Surety's agent in California) (Attach Acknowledgment) APPROVED: (Attorney for OWNER) NOTICE: Saf_eco Insurance Company of America SURETY Bit ( torneyw �,�Fact) ey Stan C. Lynn No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington beach oC-HI.0-200-01 C31201AC Payment Bond - 2 of 2 ATTORNEY IN FACT ACKNOWLEDGMENT tun of CAL11ORNIA range ...._... ` 19E3B Ott this i h —.days( before W. a Noury robot ill and far said Orange .County. State *(California. resitting therein. Maly eomm,tskme and s%orn. perw "y O ct►r j ».� .._.__..» .,__... _.,.., .._�_._..___._.... Cf Pr"4aN1 IMwa 10 WWI 0 PCOV44 N Ale 4011 W Mali Of I0tlafIN-1f'y 4Vhl U* 10 k tit pawn whose naaee is subsenWd so this instrunsem as the atowmy in fact of eec► la an„�t�.��p!l twtl treltw+rtedged to tnt tine � M (� attt srbssnbei the aamt of Sate" DMIR. and os�p. I�' ► 1 Lica - [Iwecela +�u tw IW. rosd (1 bb (3 bee fte Name as allw ey M W. iN WtTlwtESS WHEREOF. I have bertw a set my %&aid itq_r&*td or trial seal. by afd you stated iN ibis esrtilkwr above. u:NIA �3ii=a n/ IIR:,!IGi y�.�� y M t�M�w MM , Naary My coMn►JS&W.. expires - July 31, 1939 ............._...._..-..,....».......•�r,.+.»w+rrrwit}ray.�;'.:.�,th,�jZF�L^�S'N.s31t'6{11S,r.w�«..•- A ' POWER KNOW ALL BY THESE PRESENTS: OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 No. 4576 That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint —.. �.•....--—STANLEY C. LYNN, Irvine, California_...._. _......—__—_.._�....,�_...._ its true and lawful attorn"s)•in•fact. with full authority to execute on behalf of the company fidelity ant: surety ';-nds or undanakings and uther documents of a similar character issued by the company in the course of its busin.ss, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF :AMERICA leas executed and attested these presents this 23rd day of December , 19 L7 CERTIFICATE � Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. -- FIDELITY AND SURETY SANDS ... the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with aur`,ority 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 t;n any bond cr undertaking of the company, the seal, or a facsimile therttof, may be impressed or affixed or in any other mariner reproduced; provided, howevar that the seal shall not be necessmy to the validity of any such instrument or undertaking." Extract from a Rea:.lution of the Board of Divt_tcrs of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any canificate executed bit the Secretart nr an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thk. m. rmd (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." 1, Soh A. Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By -taws and of a Resolution of the Board of Directors of this corporation, and of a Po+ner of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolu•ion and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOr-. I !tnve horeunto set my hand and affixed 0. v facsimile seal of said corporation s 3.13M M 3r8 this ll:'"ti .__ day of FC13ru, . till ATTOKNEY IN I~ACY ACKNOWLEDGMENT Y STATE Of CALIFORNIA � tx Oet ms .. d( ..Feb.m ary . to the )tar 1988........ . . btrore mt. a'totary hhblrc M And for stud �]tynn Cownly. Stitt of Cahlomil. rtudinn thitrra. dult commisstonrd and t«oret, p1ru Ny C.erred ......,..__............ ._ ........... _..... ... _ ... dpoi arl4ny t,i"V a to etw, Q Rro%td 1a ent •a tht bu4 of 64110s"60 owitK+r N tic ik ptrsoa *host name is subscribed to this initrun►rat is the attorney in fact af. S.Af ECG _I n�urance. Cor!P+. Y_DC._Alii�1=.1C,4._ trod ockmwIedted to net that jo bye 0 sk wbtetibed the nuae 0 M Sa f eco insurance Catnprny, pX, rtt+r as stwily, rad ® kb 0 her oan name is ittorMy to fret. IN WITWESS WHEREOF. I hate hcrtima set test hand and afKud my oflstrt' seal. the day and year stated M this :enrlkatt abort. Mary J. Jernison �, D �% ' ►:�111'.�;'r' �lln,tC f:r4.lii;':S{R t: Y • ` i`A:r:r,{rat rrtilcr { : July 31r . .1�)E9 . . rf, My tamr.►I&Wta tspgrts '` ` trig ComM17,1;S1 Enples July 31, 1989 u t Principal and Surety agree that if the owner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay own.ad 's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. Executed in four original counterparts on (Seal, if Corporation) February Is 19 SCE Bo'i.czak r i1S, Inc. 1PR CIPAL Title ' j (attach Acknowlsdgrent of Authorized Representative of Principal) Any claims under this bond may be addressed to: Safeco Insurance Conpa;ty of America (namt and address of Surety) 17570 Brooi;hurst Street Fountain Valley, CA 92708 Sullivan & Curtis 2100 Main ;trect, Suite 350 Irvine, CA 92714 173.11) 250-7172 (Attach acknowledgment) APPROVED: (Attorney for OWNER) NOTICE: (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) Sa f ero Insurance Compent• of ?-.rierica ., SURETY Byr (Att rney- Fact) Stanley C. Lynne No substitution or revision to this bond form will be accepted. Sureties oust be authorized to do b•isiness in and have an agent for service of process in California. Certified copy of power of Attorney must be attached.. City of Huntington 1leach O::-HlO- 200-n1 C31201AC Performance Bond - 2 of 2 It EXECUTED IN POUR CG........ 'ERPARTS PERFOPJWCE BOND Bond No. 5479088 Premium: $3,831- War AeIczak & Sons, Inc. as principal, Safeco Insurance Company of America and as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as not forth herein, to the CITY OF HUNTINGTON BEACH (herein colled owner) for payment of the penal OUR of Three Hundred Thirty Three Thousand One Hundred Twenty Five and no/100 -------------------- ------------------------------------ ------------------------------------Dollars ($ '131,125.00-------------- ) lawful money of the Un tod Stater. Omer has awards Pr nc pal a contract for the ccnstruction of HE1L AVENUE FLOOD CONTROL IMPROVEMENTS CC 649 THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things abide by and well and truly kaep and perform the covenants, and agreements in the said contract, and any alteration thereof made as therein provided, on his part to be kept and performed at the time and in the manner therein specified, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall indemnify and save harmless the Owner, the Engineer/Architect, the Owner's Representative, and their consultants, and each of their directors, officers, employees, and agents, as therein stipulated, this obligation shall become null and void, otherwise, it shall bt and remain in full force and effect. Surety agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the plans and specifications shall in any wise affect its obligation on this bond, and it does hereby waive notice thereof. City of Huntington Beach OC-H10A200-01 C31201AC 'y :. _ 1::..:► city Attornoy Performance Bond - 1 of 2 0 <Mt 0 Principal and Surety agree that should Owner become a party to any action on this bond that, each will also pay owner's reasonable attorney's fees incurred therein in addition to the sum above set forth. Executed in four original counterprirts on (Seal if Corporation) February 18 , 1988. By Title )?. I12rnwl1, (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: Safeco Insurance Company of America (name and address of Surety) 17570 3rookhurst Street Fountain Valley, CA 92708 SmIlivan 6 Curtis Insurance Brokers 2100 Main Street, Suite :,50 Irvine, CA 92714 (714) 2.50-7172 (Attach Acknowledgment) APPROVED: (Attorney for OWNER) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) Safeco insurance Company of Amorica SURZ TY �l (Attarneywi,p=Fact) Stanley C. Lynn l/ NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach ` OCR-HIO-200-01 - Z o! 2 C31201AC Payment Bond •1 Bond No. 5479088 Premium: included in mance Bond PAYMENT BOND We, Belcaak t- Sonss, Inc. as Principal, and safeco Insurance Company of America as Surety, jointly and severally, bind ourselves, out: heir:, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sum of Three Hundred Thirty Three Thousand one fiundred Twenty Fi. and no/100 -------------------- ---------------- -------------------- Dollars ($ 333, 125.00-----------) , lawful money of the United States. Owner has awardbd Principal a contract for the construction of HEIL AVENUE FL OD CONTROL IMPROVEMENTS Cr_ 649 If Principal or any of his subcontractors fails to pay any of the persons Named in .Section 3181 of the California Cavil Code, or amounts due under the Unemployment Irsurance Code with respect to work or labor performed under the contract or during the one-year guarantee period, or for any amounts required to be deducted, withheld, and pairs over to the Franchise Tax Board from the wages of employees of the contra%:tor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then Surety will pay the same .in an amount not exceeding the sum specified above, and also will pay, in case suit is brought upon this bond, such reasonable attorneys fees as shall be fixed by the toure. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a ri�,ht of action 'Co them or their assigns in any suit brought upon this bond. Surety agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the plans and specifications shall in any wise affect it -A obligation on this band, and it doe: hereby waive notice thereof. �?,: , � k ; i0 F0R){,y City of Huntington Beach OC-NIO-200-0.1 C31201AC City Attornvy Payment Bond - 1 of 2 Pexfrr- POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: 0 SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASi-MIG70N 98135 No. _ yl57 That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint ....__.._......._...._.....__--S'TANLEY C. L"YMi, 'Zrvine, California ------ its its true and lawful attorttoyN).in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if stich instruments had been duly executed by its regularly elected officers at its :Tome office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested thase presents this 23rd .dal, of December , 19 87 CERTIFICATE;. Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: " ArticiL. 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 sl:retV operations. shall each have authc, 1ty to appoint individuals as attorneys -in -fact or under other appropriate Miles 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 er on any bond or undertaking of the company, the seal, or a facsimiles thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seat shall not tom+ necesisary to the validity of any such instrument or undertaking." Extract from a Resolution of the Hoard of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. .'On tarry vartificato executed try the Secretary or an ass,stant sec. etary of the Company getting out, (i) The prrav:via::, of Article V. Section 13 of the Uy•Laves. and (ii) A copy of t`i+; ,.. ovur-of-attorne? appointment, execiiied pursuant thereto, and (iii) Certifying tntr "id power -of -attorney appointment is in full force and effect, the signature of the certi(yi•;g officer may be by facsimile, and the seal of itt%: Company may be a facsimile thereof." 1, Roh A Dickey, Secs"Imy of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing etxtract& of the By -Laws and of a Resolution of the Board cf Directors of this corporation, and of a Power of Attorney rasued pursuant thereto. rare true and cut7act, and that both the t3y-Laws, the Resolution and the Power of Attorney are still in full fofce and effect. IN WITNESS WHEPEU.P, t Iv,ve hereunto set my hand and affixed the facsimile seal of said corporation 1 ' 9th rrebr nary us this ....._.� .day of ._.. . 19 t_ rxtc e* 343 OW1.1t0 04 %) 2 A 16 ATTORNEY IN FACT ACKNOWLEDGMENT STATE Or CM,IraltmA » Cw1ttj e4 _ Or#rtgt _.._ On this kolh..,.__._..._.._ —_day of Pebrua�_ ___... in the year 1988 ..___.__.... btfort mt. + Notary Public in and for said prance�„� _. _ __ _ _.County. State of California. reudinp therein. duly commissioned and suocn. petse'lany appear!.._._ •Hanley C.�Ynn (rpersonany mote a to rat, 0 prsvw to eye u the bails d U1hratlary 0064ttnt lobe the parson whose itame is tubscnUd o this instrument as the attorney in fact of._ Ss f �Cci Xnsurtn a Corr p0r,,y, V4 actnuvle4p t tome 11%atf) be (:3 sW subscribed the name of Saltco Insurance_ c2n.paay a surely. end 13 kb C)1tr own creme as attontey itt tact. IN WITNESS WHEREOF. 1 have hertun:o set rr►y_hand. i4dadized my ofllciai seal, the ,ay a,.t yur stated in this cenilkate above. ta�e.•�e — � � � 31, j Ottry Public July 31, 1989 �_ My con-.mitsinn ttpi:et c I �gltTWrrr Try: CERTIFICATE OF INSURANCE AMI1O KDASTO FORM A Ir~tt.Iw a►r�siow TO trlutetirrwn �+ �1�M CITY OF HUNTINGTON REACH, CALIFORNIA CityAtWwv A MUNICIPAL CORPORATION Thin it to owtify thtwt %ht1 �aiWes af Inouratm as dd albed k-low have boon tswed to the Inswod by the undersijtaed and we In foray St Jlk tirrw- if tivsao paliries are cancelled at dmwgW In such a rMonnar that will ~ tMe certificate, the h w ana am pony Mwm to Siva 34 OW, prw wanton noti s, by mall, to City 0 Huntinston Iiwh, Insauance strati Berwfits Division, P. 0. Box 190, Huntliwon beach, C*lfot Iris, 93M. Mama of Ineatted BELCZhK . ANOSONS, L t ° Addrtreeof Insutod 4085 LlfeT LA P&M AYENUE .MAUL41tCA-., 928Q .._,.�.._._._..,.-._._._..r.. Lwmtidan of 1iWark or Operations to be performed STY Off 1401I iGMS ET'. CH - . HETI LMENUE 'i.C101►..f ^r,:�.i�L1L__ Diteorip�tion of /Yo+k or Operations ._ � at Itwdmrwdt Co. 6 rVULICY DATES LIMITS OF LIAi11LITY POLICIES IN FORCE POLICY NO. sw Inwrrd Aft"tian w >:tfrtt�vr Etpdirt+th7n In TldvwidtMt (tl001 �.nrrrww nwr�riww.wr .�r.wM�Yw�� .�n��� MW Lw.�r.�rwrwl� GENERAL LIAINLITY x 1 COMPREHflNOVE FORM K 1 PREMISES — OPERATIONS 1 EXPLOSION AMC) COLLAPSE HAZARD 1 UNDERGROUND HAZARD 1 PRODUCTS COIR LETED OPEPIKOIONS HAZARD 11 CONTRACTUALINSURANCE X 1 QnOAO FORM PROPERTY DAMAUK 1 INDEPENDENT CONTRACTORS I 1 PROFEWONAL LIABILITY/ ERRORS A OMISSIONS AUTOMOBILE LIABILITY 0I COM0`11EHENSIVE FORM 01 O eto 01 HIRIFD Ill Nom-owpED EXCESS LIABILITY IYi UMARILLA FORM I 1 OT1.4EA1,MURANCE COVEIIAOE WORK611V I;GWtWATION AND 14Mwt art utbnWdett Haws NdtHrstn' Crr�wteetbn Imam. 73PROO5415-1 6-30-87 1 6-30-88 5005 73BA005415- j 6--30-87 I6-30-88 0001 ! i 73C0005415 16-30-87 0003 6-30-36 1,000,000 Erd:h Oc:wonee CSL 1,0001000 C" KW* ovevrwm = 1,000,000 NATIOWRIDE MUTUAL INSURANCE COMPANY NATIONWIDE KUTUAL INSURANCE COMPANY ATIONWIDE MUTUAL NSURANCE; COMPANY MtleR otwl Insured Ertdors "writ: the irsurtr wo*s to pr vidt on atfdoreetnetit to wh policy 4;6n above its follows Weltiditp worker's oomp.1 The insurer asretn that the City of Huntington Beach and its City Council, and/or all ;City COMO apptsiMW Irotps. sts>Fmr mines, commiaioens, be►erth anti any *Hier City Council appointed body, wullor eleetiw and &Ppoikiw officers, server's or ssyokVswe of th, City of H4ntW4W Etsfteh, when acting as such No o"llonial inmrads hereunder. Sw-h lnwtwm is primary wad riot 404" or oa trilat... total low dm ce of the Cityof 14unti li�h.MOAMAMMOOMM Mt This wwj-M 1- ww od of a owner of ittfdi ru w*m. This twt1hWo Is twt an Pmwoo" p4ay PW dery not WWWW, *WWW ttr attar iM awore/s d$orftd by MM pow" NK4i ham! of my M.troct ar otow ditswlwt "M ►vowt to dt%kh this amwpmh Of WNW014e May Ira 1100W Or WV p w+,atn. tM kwwwwa vftgdod by tfa srdidnias drowibbd he►em to wwl tut aft do w.". HtshdelE ow *"Whim of No P8440. NATIONWIDE KUTUAL INSURANCE COMPANY NATIONWIDE MITTVAL-.Y.lINSURANCE COMPAgy Y rY�i �.. � � Iwedtnnw y �, DON P. HINIUM 2-1i-138 532-740C ---- MOTE: Avtthodirwi Ogmiure wwy be the *rntt I/ tart hcd Pbtvd iTMurofto Ts100000 nn srlwr threulk an opmy dF�j f*MWIt with 0* Fmutllr. f Intuff"Ce h Mo ww, outhwitod d*turs enuwt be ehrt of an ofrieiN of the ir"uranct cumr*"v. fire rtEVCMtC 510E r'Oft NGt.13 HARMLESS AGMEME►iT ea +y 1 folk, The City, of Huntir9tan Beath reituires by ordinarnoe that a Certificate of insurrrece be can file with us for the izsuwvcs of a permit or license; and that it be kept current I or as long at that permit or license Is In force. The cenificate you now have on file with the City will expire on the bate :Mown on bottom of roailing babel. Ptsa:e have, your agent submit era updated Certificate of Insurance, a!n this form print to this wxpiration date. Failure to comply may result in thy cattalation of tour parmh or license and the closing clown of your operation or event. Thl? is the only ootlee of cancellation you will rewire from ft ll ty of Huntington Bench. ' THE CiTY OF HUNTINGTON EEACI-I MUST BE AN ADDITIONAL NANIED INSURED. All Certificates of Insurance should be mailed to the Insurance and 6cfiefits Wks, City of Huntington Beach, P. O. Oox 190, HuntltV- ton Beach, California 92648. If you have tiny questionz, plosse call this office at S36-5M. DEFENSE, 114DEMNIFICATION AND HALO HARMLESS AGREEMENT The undersigned lnsured Contractor, a Solt Proprietor/General Partnership/GMifurnia Limited Partnershl California CW ate Other r.__ (you must circle the apferopriatow choler or fill in the bian) here apses to� indemnify and holm Wrtilow.. the City of Huntington Beach, its officers, employees and servants (hereinafter colisctirsly referred to as City) from any and ail toes, damage, cost, expense, liability, claims, demands or judgments arising directly or indirectly out of the work, project, event or other purpose for %6k.h the accompanying certificate of insurance is provided, regardless of the active or parssire nature of any nogligettre by !:%ty except when such liability arises from the lots riegligencu or wrongful niscooduct of the City. This aererrrrant extends to cover the actions misrlons of third partits as well as those of the Insured Contractor (irtdemnitor) and the City (indimnitors). The legal defense. Ned by t s t 11 bt providod upon request by the City acid at the sole expense of tfre insured Contractor. Any costs ense or to a ncurred by City In enforcing this agreerrwnt shall be reimbursed to City .-x may be awwdod to City by urt of a :.. ' tion. SIGNED: By: Title: 55 epe'1 -' �......__ U /, l f r� By: �.v` Title: .._.. `��IP fV--r' .� _..._...__. If a Corporation, FFICFRS ust sign; or, �u the alternative, present satisfactory evidence of your authority to Wr+d your Corporation. f V P10 elm 1% . CITY OF HUNTINGTON BEACH Insurance B B+rrrfits Division •t P. 01 cox in ��++• ry■ Huntington beach. CA 9264E ff • ai Imo, • t "HOLD HARMLESS AGREEMENT" Subcontractor agrees to indemnify and save owner, contractor and their agents and em- ployees harmles? from any and all liability claims, damages or injuries to any person, including injuries to subcontractor's employees and all expenses of investigating and defending against, the same - (a) arising from or connected with the performance of or failure to perform the work or other obligations of this subcontract; (b) caused or claimed to be caused by the neg} il,ence of the subcontractor, or his agents or employees. • W ;� *r Mwr� M.ioh . ir040100 4Wft*, CA BOOT r►lEATIFICATE OF INSURANCE APF`1 VAD At TV FORM TO 180,F 11111$TING P014 REACH, CALIFORMII CIr+I Atte•ltay A WJWICIPAL CONFORATION Ylrla is 10 erlrtlfY UM'". pviioies of Insuvem as dOsoribsrd below Im" bow fmod to do ksammI by Slot' ursdersipwd and we M f0m at Ikk *Ac If ultra pc!;r-A ais eancoged at igb t in mob a mar ew that will affeat this oartifiantewt . On k sria mal atry aAren w 01"30 6*8 1r+' by "I, to City of Hutitington ilowt, Iar.surance and Dowfits wmisi on, F. 0, Box 190, *Witigl n bow*, Caifiornia B Now of Irtwred Er, C AK F. SONS INC— Iddm�'�f Y [rrNr� 4085 East LuP�alma Ave. Unit H, Anaheim, CA 92807 �ft1��w+.rww�.nw�W�� �� ■ .w �._ __ _ LomionofWorker Operuoomtobend _ City of Huntinato_n_ Bench, Hgi1 avenue E1o2d Cont:ro Dori freiew 0 Wf o' Operatioim POLICIES IN Fond GENERAL LIABILITY I 1 COMAPREHEN'SIV►f FORM [ 1 PREMISSS — O%ERATIONS 1 ! EXPLOSION AND COLLAPSE MAZARD 11 UNDERGROUND HAZARD (I PRODUCTS COMPLETED OPEhATIO S HAZARD [ l CONTRACTUAL INSURANCE [ [ SROrt.O FORM PROPERTY DAMAGE (l INDEPENDENT CONTRACTORS (l rhOFIL"IOMAL LIABILITY/ ERRORS & OMISSIOf`S AUTOMOBILE LIABILITY ( l COWNEHIM34VE FORM t l OWNED I 1 MIf:iD I l mom -OWNED EXCESS LIAWLITY I I tMi *RELLA F0P.M [ 1 OTHER IM URANCE VDVIRAaE WO"Aftar COMPENSATION AND IlWw of r Wit 5 iar f+ra rr Mle11irari' Cewtp~41011 140111 r. POLICY NO. 74-31025 MLICY DATES 1 LIMITS OF LIABIL17 Y ENa:tiro I Expiralk" 11 In Thowtrrds (ON) 4/1/87 1 4/1/88 S CSL S E" Ouawonce Each toarew" 100,000. CSL SW Irritated ftsmoom w Pacific States Casualty Co. A*MkMW Imw•ed Endorsernem: The Inwrer agrees to provide an ett+slartaettttrnt to eabh policy shown 60ve as fMlows (axeAu "% worker's cc".) The inwrer won that the City z, Ur!+timpsm Beall mW its City Cuurreii. addle, ail City Co noll appointed gaups, ooMrrll1hteas. tomnim"ns, berir* alad any othtlr City CatalW1 appaMted body, &Wlw elemiw and alps4trtive o"iars, p "mu or .aye" of the City of Hmatirl#wtt !level+, when aatinA as such ors ideli:ialtal imwetls hers rndwr. fuoh inwrarrw Is primary and aot mom at m1tritwtitle to aw athes Inser "a of ft City of Mlrntirreltrn Beach. T1* owtillaee is hewed as i w *W of knelt,, 41m. this taMA%vo Ir rret *n lowweaar pbfty God duo &A agar W. enwW ar after ;% as imp 6"orAW MI tiw M 'e Mrssd Irsaslrr. Wet aki lmrrii+y ow F "oloom ". two w epft** M: of My menewat er SP60 tiva ttmt %** riwW 11r rrlr4A *b Irwl %M# of wawrrw way be krad et arty pot la. *& iaaweiase a!#wood by Nei Mfyier dead W bw%M Is wlrjet wi ON 00 $Wm. "ONAWw Md wwir+rrrt of artsh BM+ie• w�..�ii..�.r� ..�U�Y7•+'.Lwrr.r�.a�. �...�.ri.rr. n��.r.w. M t t Mar:. in Boost 213-937-2922 - -- - Telmo om low-.0w Pacific States Casualty_ Comeau I Mr . +aM +� 9119/88 MOTE: ArB I"4ftnatW""Vire10"*Wt1If Arm his pkow hum*@ ex 040g h /N +ter yrtrramt "411% tm WAW01. If kowi es Al "wed. wrA.twittra MVrott S m"t took thn all in ofrietd of On inm tnee 60"Veny. KII ARVIRSE SIDE FOR MOLD HANULIN AOREEMENT The City of. Huntinrt+an Beach rilt;uires by ordanam'tisat a Certificate of Insurane:e be on file with us for the issuance of a permit of km ,, srsd that It be kept current for as long ai that permit or licert.n is In force. The milNate yew now hen ate file with the City will expire an the date shown on bottom of mailing laical. Please has your avant :abaft an updated Certificate all Insurance, on this form prior to this expiration elate. Failure to comply may result in the cancellation of your permit or licentl and tha clotftig flown of your operation or vver+t. This Is the only notice of cancellation you will receive from tla City of Huntington beech. THE CITY OF 14 MtTINCITOR BEACH MU21' Bit AN A001TIeNNAL NAMED INSURED. All Qwtificstes of Insurance should be mailed to the insurance and Benefits Office, City of Huntington beach, P. 0. Box 190, Huntln5- tan 15e4cis, California 926+1S. If you have any questions, phase i.all this office at 536-5900, DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AQREEMFNT The undera;jmd Insured Contr+ictot, a Sail Proprietor/General Partnership/Califot nip Limited Partnership/Califaitnia Corpore0cm/ Otl-er ..r,.,.__._ (you must Girds the appropriate choice or fill in the blank) hereby agrees io defend, Indemnify and hold harmless the City of Huntington Beach, its officers, employees arrd servants (hereinafter colitrctiv ly referred to as City) from arty and all loss, damage, cost, expense, liability, claims, dtmar'ds or judgments arising directly as Indirectly out of the work, project. event or .ether purpose for which the accompanying certificate of insurance is provided, regardless of the active or passive nature of any npiiperwa by City except when such liabi ity arises from the sole r�liyence or wrongful misconduct of the City. Thit agre"nent extends to Cover the scorns a s' res tftird parties as well as those of 'he Insured Contractor (indemnitor) and the City (indemniteet). The k+gal n equirt4 s t shalt be provided upon request by the City and at the kilo expense of the Insured Contractor. Any defan o ys, f s incurred by City in enforcing this agreement shall be reimbursed to City or may be awarded to City court pet uri action. SIGNED: By: � "� Tide: (-Kna; 1 r9c" j By: Title:y)jjz(' if a Corperretaon, T`V ; FFICER must sign; cw " the alternative, present satisfactory evidence of your authority to birsd your Corpomtwm �� PiO sm �. CtT ( OF HUNTINGTON BEACH irratsrarroe A Benefits pwiskk►tt el P.O. roes flit w»�� — Huntlrrgton Brach, CA 92W .- .y. .n• .y`_ y _ w . ... ..y. ., .. .t^..t ..l.. .1 t. za...., .� _ ' � "+t. ri HOINTER -DEPARTMENT COMMUNICATION �,�rn+cr 9) ROBERT J. FRANZ TO Deputy City Administrator Subject 10 %1'�.._.aN ^{ g� From ACCOUNTM & RECORDS Data � jai l`k TV The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period hes elopsed. Payment of the 10% retention payment is recommended so long or, no stop notices or outstanding invoices err on file with the City. AN T. V _LELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. �1 Date: Ee.-x� ( L LES EVANS Acting Public Works Director I certify that no atop notices are on file on the subject contract and that a guaranty bond has teen filed. Date: CONNIC BROCKOAY City Clerk I certify that there are no outstanding invoices on file. Da te: rnv�ae = DCNWALD WAISOh► City Trea ver 05743 e) DECLARATION OF SATISFACTION OF CLAIMS Iselcuk,,&on , state: Name o Contractor) ar 1. I am the general contractor -or the Cite of Huntington Beach, as to the project more Lully described in the public works contract entitled Heil &ve. Imp„rovements and dated February 23, 1988 . 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. Tile following are hither disputed claims, or items in connection with Notices to Withhold, which gave been filed under the provisions of the statutes o` the State of California: (if none, state "NONE") NONE I declare under penalty of perjury that the foregoing is true and correct-, Executed at Ana he—iin April. , 19 88 . ^oil this 29thday of Signature'ot Contrrittor City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-649 Heil. Avenue Improvements Ro- ect No . TiEle . hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions_applicablq to the wage rate paid. Signature and '.Title President WHEN RECORDED) MAIL TO: UTY OF HUNTINGTON BEACH O t:e of the City Ctet k P. 0. Box 190 Huntineton Brach. Calif. 926AP 68-27534,5 is fc MPT 6 CC-649 M! O�FrC1AL, MColipg COU" CALIFORNIA NOTICE OF COMPLETION , ',r COUNTY NOTICE 1S HEREBY GIVEN that the contract heretofore awarded by the i`y" f the City of Huntington Beach, California to BELCZAK & SONS, INC., P. 0. Box 3196, Orange, CA 92665 who was the company thereon for doing the following work to -wit: Gowhard/Heil Storm Drain Improvements, Project CC-649, in the City of Huntington Beach, CA That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City or Huntington Beach at a regular meeting thereof held on June 6, 1988 That upon said contract the SAFECO INSURANCE COMPANY CIF AMERICA was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 8th STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) day of June , 1988. .-. r f i ty C 1erg. and ex -off i c I o C 1 erk of the City Council of the City of Huntington Brach, California I, ALICIA 14. WENTWORTH, the duly elected and qualified City Clerk and ex-orficio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICC OF COMPLETION is true and correct, and that said NOTICE. OF COMPLETION was d(ily 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 '8th day of ,_ June 19 88 . This document is solely for the offtctol hustness of the MY of Huntington Beach, wl contem- plated w1aer Govurtimont Cads Soo. 0103 ruiA Mould be recordsd frame or charge. Cii�y G�ti�r•►; and ex-offic*i'_0 CTi rk of the City Council of the City of Huntington ik.-ach, California 14111N ilECU4tUCU MAIL t0:� CC-649 EXEMPT fe CITY Of HUNTWGTON BEACH C6 t7lficc t+t the City Clerk 88-27525 P. 0. Box 19D HtinbMon B.-rrh, Girl. 926aF NOTICE Of COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore Awarded by the City Council of the City of Huntington Beach, California to BELCZAK & SON5, INC., P._0. Box 3196,_ Orange, CA 92665 who was the company thereon for doing the following work to -wit: Gothard/Heil Storm Drain Improvements, Project CC•649, in the City of Huntington Beach, CA ,COWFO-Rc.,ED-COPY Not CompateO with Qribir.:i i c,M 04 Oirrt K moms CW OfiAMM C;CUWY CAI.AVMiA - on FM uUN 10'88 Gflrlrirr ill-COUCEn That said work was completed by said company according to plans and specifications and to the satisftc;.ion of the City Fugineer 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 _ June 6. 1988 w That upon said contract the SAFECO INSURANCE comrANY OF AMERICA was surety for the bond given by the said company as required by law. Dated at Huntington beach, California. this _8th . day of ____June _ 1989 11 illty—TT&V and ex -a icYo e►' . of the City Council of the City of Huntington Reach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) ALICIA M. WENTWORTH. the duly elected and qualifies City Clerk and ex-offic.io Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing hOTTCE OF COMPLETION is true aid correct, acid that said NOTICE OF COMPLETION was duly and regularly ordered to be ri-corded in the Office of the County Recorder of Orange County by said City Council. Oa:.ed at Huntington Beach, California, this 8th --day of _,___ June 19 AR This docusent is 5o1R1Y for the striat;il bv31n*%% of the City of liuntin!tcn '1000. nS conton— p:atad under Covettwout Ccdr Sae. 6103 ena should b• r,osordrro fury or ebarno. .,ram:• *_ -ty'Il rl anaex•n c67icrk of the Cit- Council of the City of Huntington ileac!,, California Submitted to: Wbmittad by: Prepared by: Subjt. 1 _ r� P L'J DQ/- ��h.,:' REQUEr�l FOR CITY COUNCI ACTION Date May 10, 1988 honorable Mayor. and City Council Paul E. Cook, city Adni.ni st..rator Les G. E-vans, Acting Director Public Hbrks A. M- 6Y>�� BY C TY COUNCIL C.Z. c:?C5 rz, �- z CITY Ctstr HM AVOM FLOM a)NYIWL D1PFWEMM'S/HEIL AVIr'VM BETWEM GoiDENWMT STFtI'ET AND GOTHAM ST=; CC-649 Consistent with Council Policy? ig J Yes ( I Now Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATIMMIT OF ISSUE: Belcz' We and Sons has ccm3leted the construction of Heil Menue Flood Control fir-=ve- ments. REt+CM'iEWMCM 1. Accept the improvements and authorize the City Clerk to file the Notice of Cimpletion . ��'AL. STS: On February 1.6, 1988, the City Council awarded a contract to Delczak and Sons for the Hail Avenge Flood Control Iniprovem nts. 'Ilse construction of these irq:1ro,vxents is nag ccrr.lete, per the approved Plans and bjaecificotions, and, therefore, the Acting Director of Public l brks t4,-commends acceptance of the pn.)ject and requests the Notice of Completion to be filed by the City Cleric. 'Ilse following is a su-mn- ry of the contract cos is : Contract Amount Construction Contingencies Project "Incidental," tota 1 Council r�ocpd S 333,1.25.00 33,313.00 15,000.00 $ 381,438.00 Actual 1. g enditures $ 334,025.00* 161180.00** 750.00*** S 350,955.00 * Actual field quantities for the ductile iron water main were greater than estimated ** Construction mange Orders included additional excavation of tuisuitable nate.-i.al and gravel base backfill for t}:,- box cu1.%ert, connecting a 271, FUP storm drain to box culvert, renoval o: •vrti.ons of curb, gutter and sidewalk to establish planned flow line gra%-a, and over-excawition to rem -ve existing 24" storm. drain. $2 , 000.00 of these exr nditures was reimbursed by the (3 neral fund Account 9510390 (Contractural Services) . * * Fstiamate only F U M I W-, St? =--: Project tkrcount # 826490 S350,955.00 .lI: t'F�2h'► rIVI ACr M : Ume ••� l.'1Y..7A.lV�lw): An� 'ram• rice e : iET;C : ik { I Beiczak & Bons, Inc. Gencrel Enginaarlrg Contractor P.O. Box 3196 4005 E. La Palma Avc lJn11 H Orange. CA 9'"U5 Anaheim, CA 92607 (714) 996-5920 • License No. 291101 April 29, 1988 City of Huntington Beach 2000 Main Street Huntington.. Beach, CA 92648 Attn: Eric Charlonne Re: Heil Ave. Improvements Project Engineer CC--649 Gentlemen: Enclosed please find the Certification of Compliance, and the Declaration of Satisfaction of Claims, that have both been executed, for the above referenced project. TSB/pb encls . .. Very truly y rs, 'Tim S. P.eiczak President CITY OF HUNTINGIPON BEACH 20013 MAIN ;iTREE`i' CALIFORNIA 926M OFFICE OF THIS CITY CLERK February 23, 1988 Belczak h Sons, Inc. P. 0. Box 3196 Orange, CA 92665 RE: Con;,truction of Heil Avenue Flood Control Improvements Project CC-_649 Enclosed is your bid bond, a cop1 of the executed contract with the City of Huntington Beach, a Certificate of Compliance form and the Declaration of Satisfaction of Claims. The Certificate of Compliance form and the Declaration of Satisfaction of Claims MUST BE RETURNED TO THIS [,FF ICE AFTER THE PROJECT IS COMPLETE BUT PRIOR TO THE RELEASE OF RETENI ION HINDS. In addition, the fnllowinq item mu::t also be on file, with this office, before t-Ve City can release any retention funds: A warranty bond quaranteeinq ti-lc final amount of work and mhtt,rials for one year. If your performance bond noes riot include speci`ic �vording for a one year warranty, then a rider or separate bond must be submitted. ,hould you hoer+ any quest tr. ;, or concerns regarding tclosures or rtr-ms that. mu st be or, tiff` in the:; nffic-� prior to release of retention funds, please call Don Noble, Contract Adrr,inistr3tor, 550--544-1. rlmr- 0 ;k ��. Al 1r1n M. 1.1r'nt:worth 1,it . 1'Ierl. d cc•: Don -Noble. Pt,bl is 1,%brks Dept. f-ncIontires: Bid Boon S Grill f'rant 1-art Cert r I irate of l'orrT)l ianr.r! Occlarcrtrrrre ref ;;rt.t<<(:rr.t.ton of f'laims (TakPhir,s. ?1643"227) 1, �1 • CITY OF HUNTINGTON BEACH 2Q00 MAIN STREET CALIFORNIA 9260 OFFICE OF THE CITY CLERK February 23, 1988 Fleming Engineering, Inc. 8281 Commonwealth Ave. Buena Park, CA 90621 We are returning your Bid Bond which was submitted with your proposal for Hell Avenue Flood Control Tmprovements, CC-6.19, in said City of Huntington Beach. Tne contract for this job was awarded _j Belczak 6 Sons Inc. of orange. We mould like to take this opportunity to thank you for your interest in submit-ing a proposal. Alicia M. 4lentworth City Clerk AbEW : P.n Enclosure r 11 (TOrPh env: 7 ! A-53n �2771 i_ CITY OF HUNTINGTON 2000 MAIN STREET OFFICE OF THE CITY CLERK February 23, 1988 EACH CALIFO'RNIA 9260 G. B. Cooke, Inc. 580 E. Foothill Blvd. Azusa, CA 91702 We are returninc; your Bid Band which was submitted with your proposal for Neil Avenue Flood Control Improvements, CC--649, in said City of i:,.,ntington Beach. The contract for this job was awarded to Belc--ak & Sons Inc. of Orange. We would like to take this opportunity to thank you for your interest in submitting a proposal. ,Alicia M. Wentworth City Clerk A.MW: pm Enclosure t Trhphan+: 714-6.2-52211 CITY OF HIJNTIr' GTON BEACH rrr.r.���/Yrr�� n+�..r�rrawr �.wr.a..r.rriwrr��rr�r wraru.�a�..�+�.a�nu.n OB MAIN STREET CALIFORNIA 92648 OFFICE OF TIME CITY CLERK February 19, 1988 Duffy Construction Inc. P.O. Box 9088 E1 Monte, CA 91733 We are returning your Bid Bond which wqs submitted with your proposal for Heil Avenue Flood Control improvements, CMG-649, in said City of Huntington Beach. The contract for this job was awarded to Belczak and Sons Inc. of Orange. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. i'ierstworth City Clerk Afw : pm Ens' ure 17 PWpham: 71 A-53"2V1 I Aft CiTY OF HUNTINUI M E H 2000 MAIN STREET CALIFORNIA 926a OFFICE OF THE CITY CLERK .j February 19, 10,68 Matt J. ?.aich 6 Sos. 18911 Nordhotf Street, :re 38-A Northridge, CA 91324 We are returning your Aid Boni: '^h was submitted with your proposal for Heil ?venue F.: "introl Improvements, is-649, in said City of Huntingtoc, The contract for this job was awarded t.,.l .ik and Sons Tnc. of Orange. We would like to take this opportunity to thank ; your interest in subr.itting a proposal. Alicia M. Wentworr-h City Clerk AMJ : pm Enclosure , 1T*1opAw *: 714-U4-1;r»1 CITY OF HUNTING4k�, .1 �--BEACH 26M MAIN STREET GALIFOkNIA 926M OFFICE OF THIE CITY CLERK February 19, 1988 Pentaco, Inc. and A. M. Galbreath A Joint Venture 9415 Cortada Street E1 Monte, CA 91733-1099 We ar• - re;.:urning 1 cur Hid a^.nd whf; h was suhnr1tted with your ;. --posal. for He'? l Avenue Flc od Control Improvements, CC-649, in said City of Huntingtor, Deach. The contract for this job was awarded to Helczak and Sons Inc. of Crange,, We would like rG. take this opportunity to thank you for your interest in submitting a propcsal. Alicia M. Wentworth City Clerk AHW : pm Enclosure 11-woptw►w' 71-Ir3,1 4227 February 19, 1988 Solid Structures Construction, Inc. 749 S. Brea Blvd., Suite 42, La Brea, CA 92621 We are returning your Bid Bond which was submitted with your proposal for Heil Avenue Flood Control Improvements, CC-649, in said City of Huntington Beach. The contract for this job was awarded to Belczak and Sons Tnc. of Orange. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMI:pm Enclosure iT*MPbV+: 714 M G2V! M February 19, 1989 N. A. Artukolytch Constru^*ion Co. 11 Cambria Drive Corona Del Mar, CA 92625 We are returning your Bid Bond which was submitted with your proposal for Neil Avenue Flood Control Improvements, CC-649, in said City of Huntington Beach. The contract for this job gas awarded to Belczak and Sons Inc. of 0.: 3nge. tie would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW: pm Enclosure (TMphor? 71e43*4i7) I 96 10040POSAL flrars &as Tu the "sews,hlo Mayor and City Caaasli. City of liratirrttoa hash. California: Is somplialece with the Nrtls• Inviting coaled proposals for the ' IZIL AVENUE MOOD CONTROL INFRC+MMEt+ TS -- MASS I I hereby propose and agreo to enter Into a contract to perform the work keroin described Dad to furnish the materials theref ►re according to the plans, specificatioas and special provisions for the said .cork and tc: the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Eoash, California. The undersigned has not accepted any bid from any subcontractor or matorlalman through any bid depository, the by-laws, raffles or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or w~aterialwtan which Is wet processed through said bid depository, or .which prevent any subcontractor or materialman from b;dding to any contractor who does not use the facilities of or acaopt bids from or through such bid depository. For the furnishing of all labors materials and equipment, and or all Incidental Work necessary to deliver all the Imprclvuments complete in place in strict conformity with the j plans, specifications and special provlalons, on file in the office of the Director of public i Worka, Clty of Huntington Beach, California, 1 propose and agree to take full payment therefore at the following unit prices; to exit: ITEM I UNIT 0 A QUANTITY E; I WR PfRUXIMATTTEN IN WORDS WITH UNITPRICE i PRICE All work relating to construction of t t}: jouble PM u-Aw Hal Avwwe including erxcavatiat, reacval of c irig le RCB, brckfi 11 utility reloaa- tiari (except waterline), curb and 1. Lump Sn guts x, driveiny n wal and oas- structian and c ntrol of groxid and surfmx water, cavlaete in plhaa fct: thwr4TP." Of Asphalt cxtr =vU in pl xtoe .�.,..,.._„_:.. -jar tor..1 P-1 TOTAL . IT911I AFP1tOiIMAT9 ITEM WITH UNIT PRICE UNIT ti NO. QUANTITY WRITTEN IN WOkryS PRICH Aggz agatte bare inpime, 3. 490 Tun PW tor;. � �rarffis Ca*jwl F� C- 4. Lung Srm ar IMP sm, i r.�+.■w� .�r..��r. �...�a. j �. :moral of existiM 12-ir.h waterline in FAil Ave. as shm an puns includi 5. 135 : real. ft. wacarvatitn and bac*fill, amplrta in pl far the unit price of n., Installation of 12-■inch Class 52 dutti iron pipe ar rstvm on plms incbrUng 6. 40 lineal ft. excavatian and bw*fill, ampla to in plsae for the taut prior of w �•J L--- ~�� �\O' ,�.�� r.. �`,,, \5 Installation of 11-inch Class 150 PW pipe as shown an plans including ex- 7. 90 3irmal ft. cavation, barckfill, two 12-irrh butterfly valves, cmplete in place for the unit prioe of All work relating to sheeti:g and shorirg for worker protection including all labcr, 8. Lump SM equipment, materials, " appurtenant work, Meta• in �pl.aoe for the lump sum of N .t - ■. --� i lam, , t� _.�,r r 1 s . GCr-., er XDDIi'IZTD ITEMS ConstrmUon of raw 36-inch FP (175W) and xwwr &l of existing 21-inch " betwean stations 1.+52.25 ad 2+65.64 � including excarvatian, brx*fi)l, driv" 1. 113 lineal ft. reawal arrd mnstructiar a plate in Lan for the wd t prim of I TOTAL 'rl100— \'Z.0Cc) _ AAA r-, P-2 T ' i P-3 it Is vaderstoed.and agreed that the approximate; quantltleb sbMon to the feregolog .proposal sahedrle are solely for the purpose of . facilitating the aompa'rlsot of .bids., and that the sonttacwrrs compansatlon mill be aompotod upon the basis of the actual grsctl?les In tho Completed work, whether they be ,Dore or loss that those shorn heroln at the Dolt Oirlcos hid In the proposal sthedul+s. The uMorslprsed Moderstaods this sootract time limit allotted for the seetract h 11 do= • "awarded tiro contract, the undersigned hereby agrees to sign said contract and furnish the necessary fronds within top (!0j days of the award of slid contract, and to beglit work within ton (10) days from the date of approval of the contract by tpo City of Hantingten Beach, California. i'he andersip+red has examined carefully the site of eye work Contemplated, the plans and specifications, and the proposal and contract forms therefor. The submltslea of a bid shall be conclusive evidence that the bidder has Investigated and Is satisfied as to the conditluns to be encouatersd, as to the character, quality, and scope of work to be performed, the quantities of smatorlais to be furnished, and as to the requirements of the proposal, plans, specificatloas,,apd the contract. Accompanying this proposal Is " (#_,,�•1. NOTICE: Insert the swords "Cash, ertifled heck, or Bidder's Bonds as the case mar be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Muntingten beach. The undersigned deposits the above named security as a proposal guaranty awed 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 shalt fall 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 'she City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be roturald to the undersigned. Licensed in accordance with an act providlig for the roglstration of contract License Tim S. EW].czak- Signatu: s of Wild Business Address P.O. Fox 3196, Ora:,gr'r . r A65 Place of Residearr 'r.U,_."aheim, CA Date this 2, btth dty et _ JanuarXr 118, 8 Bidder shall signify receipt of all Addenda hero, If any: Addendum No. Date Received Bidder! biana F1.4 .77 PROPOSED . `,C..r.ORMATION REQUIRED OF BID Bh','dor Is required to supply the folloMinp $$formation. Atlltloaal sheet% 04y bo sttachid 1f necessary. , ~j L F%rill Name. Palt•Ann 7nr P.O. Box 3196 L Address: PP. na 6x, h. Telephone: 77d•.aQA.��O?n d. Type of firm-Indlrldu A* partnership, or torporatlen: 4p=o,-at IOU t S. Corporation oritasiaod under the laws of the State of: Caul i fnrn; a� ,�.,_.r..�,......... � 6. Contractor's Lltonso Number: ,29,130 i 7. List the names and address of all members of the firm er names and titles of all Officers of the corporation: 3J40 S,gid��.1 r•e . �, 1 John J. Belczak-Vice President B. Number of years experience as a contractor In coazttructism work: 1AY'k 9. List at least six projects completed as of recent date: CONTRACT CLAMS OF DATE AMOUNT WORK COMPLETED NAM. E, ADDRESS A PHONE NUMBER OF OWNER 589,300. Dec.1987 Hillman Prop.West, Inc. Stormy 450 Newport Dr.Ste.304 San Bernardino Co. Flood Control Dist. 967,256. Storm Oct.1986 825 E. 3rd.St. Drain a ern rd in o . Fidod-Control Dist. 1,879,214. Storm Oct.1986 825 E. 3rd. St. Drain _ _. Storm Ventura Co.Flobd Control Dist. 1,2$3,849. Drain "larch 1986 800 S. Victoria r Y06�fGa'r. ange 341,242. i �r:�t.i� i L•�:'_ .198`► 400 ('ivic Cent it Dr. . i L.A. County Flood Control 1642,556' .},:ly 1985 P.O. Box 1460 818-45B.3104 .,ihamtbra, eh rY id. List the name of the porsoa whe InspoKted the site of the proposed wprk for Your flrFA: m;rn S. Rai1rraalr Date of igsprctlon: January 19, 1988 11. If re,uostod by this Clty, the bidder shall furnish a notarl:ed financial statement, financial data, or other reformation and references srfficlontly comprehensive to permit an appraisal of his correat flaanslal •enditlen. P-5 D GNATli*N F O 5tilCONTRAL.TOR Is 600F11909 r with the 95ablottles and Subcontracting Fair Practices Actr boles'soctlos 4106-4111 of ti o, :01worimswt Code of tho t►tat* of Cailforbix, and any ameadmaats t6or*ie, bash bldder shall set Earth below ske ONO* and locatlerr of the place of-buslsoss of each subsestractrr who will perform work or labor or readai r service to the priors contractor Ii or ab*vt the sonstrustien of the work or Impr*rosretrt Is an as alfst In excess j. of ono -half (02) of ona percent '(I%).of the prime contras ions fetal bid, and skidl ftrrthee set ,forth tho� lorties of the work. which will be does by each subcontractor. Osly one subsoatractsr for each portion uhall be listed. If thi contractor rails to specify a serbcostractor for any portion of the work to be performed under the contract, he shall bo deemed to have a=rood to perform sooh portion hirnseif, and he shall aot be permitted to subcontract that portion of the work sacept **der the conditions %oreinaftsr set firth. Subletting of subcoatracting of any perbom of the work to which no subcontractor was designated in the original bid shall r.nly be permitted In saws of public emorgeacy *r necessity, and then enl�, afttr a finding reduced to writing as a public record of the Legislative Cody of the *watt. PORTION OF WORK :JBCONTKACTOR'S NAME AND ADDRESS STATE LICENSE NUMBER CLASS By su+-mission sf deli propesai, the contracter certifies: I. That he is able to and will perform the balance of all work which Is covered In the &bows svbs*ntrastar listing. 2. That the City v.-Ili be farr (shed copies of gli sub-t*ntraets entered late and bonds furnished by sabsentractor few th!s prel4st. M F ; REQU FOR CITY COUNCI&CTION titi�s� fib. a�eaa by: by: DM February 2i-1988 ......_..�.�. Honorable Mayor and City Council Pau] E. Cook, City Administrator Les G. Evans, Director of Public Wori.s Heil Avenue Flood Control Improvements; CortkWA with Council Policy? [ x1 Yes [ l Now Policy or StetiWt of IL'4e, 9c . -ommvxlation, Analysis, Funding Source, AltermMV9 Actions. Attechmontr. Stater enL o; f slue : Pursuant to Council authorization of December 1, 1986, bids were received on January 28, 1986 for the construction of the Heil Avenue Floe Control Improvements. Recommendation: 1.) Accept the low bid submittal to Belczak and Sons, Im.". and authorize the Mayor and City Clerk to e) ecute the appropriate contract in the amount of $333,125. 60. 2.) Approve the transfer of an additional $113,626.00 from the drainage fund (M301) into the project account (826490) to cover project costs. 3.) Authorize the Director of Finance to encuMxr $15,n00.00 for anticipated project "incidentals." tWilVs: :;: On December 1, 1986, Council approved plans and specifications for Heil Avenue Floor! Control improvements and authorized staff to solicit construction bids_ On January 21, 1987, tim bids were received ($272.000 and $502,000) and the low bidder refused to execute the contract. Staff auz.ir. solicited bids on May 20, 1987, receiving only one bid ($520, 000) . Staff at that time farad that the reason for the inflated bid and low turn out was because of the high construction activities during that period. Staff recamended rejecting the bid. The bids, as sunTarized below, were received on January 28, 1988: Contractor Bids 1. Belczak & Sons, Inc. $333,125.00 2. Fleming Engineering 375,310.00 3. G. B. Cook Construction 395,560.00 4. Solid STnictures Construction 399,663.00 5. Matt Wch & Sans Construction 405,800.00 6. Duffy Construction 422,140.n0 7. M.A. Artukovich Construction 440,000.00 8. Pentaco & A.M, Galbreath 548,803.00 Staff has reviewed tie bid proposals and recamrnds the acceptance of the Helczak e Sons, Incorporated bid. 100? no sew R6quest for Council Action Hell Avenue Flood Control Improvements; CC-649 February 2, 1980 Page 2 . However, because the low bid exceeds the $267,812.00 sat aeide for this project, staff requests Council approval of an additional $1 13,626.00 from the unappropriated drainage fund balance because of this drainage project's high priority. Funding Source: Contract Amount $3339125.00 Less Contingencies (10%) 33,313.00 Project "Incidentals" 15,000.00 Total $381,438.00 Unallocated funds of $267,812.00 are available in the project account; however, there is a short all of !Pjl 13,626.00. Therefore, staff requests approval to transfer $113.626.00 from accot.rt M301 (unappropriated drainage funds) to the project account (i.e. a26490). This approval will provide sufficient project funds to rover construction costs, conUngencies, and project "incidentals". However, staff is not authorized to encumber funds for the "incidentals" without Council approval. Therefore, the Actinq Director of public Works rE -ornmends that the Director of Finance be authorized to encumber $15,000.,00 for the ant;;pate project "incidcntals". Alternative Action Reject all bids and direct staff to either re -advertise or abandon the project. Attachments: r .1.5. Map LE:ERC:dw 1518g/14 0 I SECTIONAL DISTRICT MAP Uff OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE Of PI4ftRTY MAP 4--11 Now ii i� CF' R 1 t mow." "EWA 1• Nam.lp . I 0 c► c 0 c c i t l rr r♦ J .^ - r. " ` `I• is .�1f1k nt I- TV !IV`�'E1�-DPAFtTMMT. CAAr4�tNiCjrlC+fi+. ,. 1 PAUL-E.:C6OK ' ft�BER�' J. FRhN�' ; , , :. .0 City A mirdstrstor From. pgx,ty City Administrator"; r, ► APPROPRIATION FOR FEBRUARY S. 190S ME1L`-AVSNUE r-LOOD CONTROL PROJECT (CC 649) t= IS 46-1 As requested �+rtder the ai,ihoe-ity of Resolution4837, a Fis.�a1 Impact Statement has been prepared ate. submitted relative to the proposed appropriation for the consLixtion of t} 'Hell Avenue Flood Control Improvements. estimates are that an appropriation of $113,626 would be adequate for this project. An .affirmative response by the City Council would reduce the balance of the City's unaEypropriated Wintersburg Chmnel Drainage Fix-d to $73,679. Deputy City LAdministrator, RJF:skd 36301 L Fiscal impact Statelr,,Emit HE I L AVENUE FLOOD CONTROL IMPROVEMENTS: CC 649 I. budget Stat:us The proJec: t is budget ud. Ho :ever, because construction h i cis were s l i gh b y h i gher than an t i c i pa Led, i t w i l l be necessary to i r7crc•aSQ th P Wr,ount of the contingency funds assigned to the pr••o Jec t. 72. Tatal Coat a . D i r er. t : $1. 13, 626 a one --time ey1.Iend i tur•e from the City Dr• -a i F-.age Find. Funds une:`.pr2ndr--d on th i', project w i l l revert t.c, thF- Drainage Fund. b. Ind irc:r_t:: of r-33r•n : nga on t:iit_-se fends, if expLnded. f= unr: i nth Source i7 • 1' Cli IC.i 5: ChM If le 1 f Undt; now cv-i degas i t i rt the C.' i r: Dr ., i nacje Fund (Acc:Ount t, 301) will be tr•an i nt•CI the pr`nje-- t aCLOL)nt (G-'2t,4 0 ). b . Revd nl_rt- `-nur t:e: [),. ve 1 opmen t f*r•-es. c , Funding !�curr o: Gurier a l Funds. d . If : tnr y: Or,i i naq Fk?*z2s hj;ve been the ma jur s•-rarce of f i.lr:d�, t pended for t-110t, purpr►5E in tht_? pasA. i` 0— too Ault rimd to F1%Wish Advorhsements of all kinds k,dl pubfG naticsts toy Deplee of the Swoorior Covet of Qranpe ounlr, Cahlarnsa. wuMtw A-6214, dated 29 Upiembm. 1961, and A-34631, dated `I1.June, 11963. STATE OF ('.ALIFORNIA :aunty of Orange P.&C wntice Ac Wi"':w0wed vim to dt& CG%~ -OW t am a Citizen of the United States ar~d 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 Orange Coast DAILY PILOT, with which is combined the NEWS -PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that a Notice of Inviting Bide of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach. Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for two _ consecutive weeks to wii iiia issue(s) of Dec. 97 - 198 7 Dec. 24 7 .__�. 198 . 198 , 198 — I declare, under penalty of perjury, that the foregoing is true and correct. Executed on Dog'- 24 , 198 at Costa Mesa, Calitornia. Signature PROOF OF PUBU CAT" • I If t DATE: Ja7 rLi 28, 1988/2 [gym =GINIMR 275Y, JQII AND CC WJi ZR i Heil avenue Flood Control IMroveffmts,/betwen GW cvW G thardf CC-649 BIDDERS NNW TOTAL BID AMOU':"� 1 3. M A AR'I'"IICi CONSTBUMON 4, _ HUMAK AND SONS, nCORPOMTM / / • -z? S. C x 001MRUL'rIoN 6. CrA:.2*` rmA ES'Ii'A,TING, IMT �•. i : • � sac• 11. D OTY BR7r9ERS 12. ouFFY r- ir-y, INmywomm 1ri ' C::'�'' c_C �.tZIR 13. EXCEL PAVING MPTANY 14. RONAM L HAMS, C'.OWT.�d7CTION 15. 1 P S SEFUICES 16. MiN JFZCMM, INCORPC►PATM 17. K E C: C CWANY _ 18. MITC HM PACIFIC CONSTRWr ION 19. VF ENMCO, INOOP.cORA'Pk } _ 20. R and D SWEI, :tNC.`t RPORM-M 21. S S C MW7RrJC'T 0Ni INMMRATID r 22. SAVAIA CI7MMX-'I'iM 23. SUHSLT CONCMM- _ _ — -- 24. ECHOM J VU24UM OF �' �,�-,��2r.-�s � t-� ice• r...iut.t'-se_e••r s'.-� "' , ! �, ,. f `, C."01 dr "18091, NOTICE INVITING BIDS r CC•`649 Notice is hereby given that sealed bids will be received by the City of Huntington at the office of the City Clerk at City Haii, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on January 28 1988, at which time they will upened publicly and read aloud in the Council Chambers for the Hell Avenue Flood Control Improvements_ in the City of Huntinqton Beach. Beach be A set of plans, specifications, and other contract documents may be obtained on December 15. 1987 at the Department of Public Works, 2000 Moin Street, Huntinqton Beach, California, upon receipt of a non-refundable fee of $15.00. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not iess tt.dn 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the labor Code. Preference to labor shall be given only in the manner provided by low. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required.. by law. The City Council of the City of Huntinqton Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the list of December. 1986. Alicia Wentworth City Clerk of the Laity of t-.untington Beach 2000 N!ain Street (714) 536-5431 1472g to. P."ed by: CTION REQUE6' FOR CITY COUNCIP A DW May 22, 1987 6 ` Honorable 'dayor and City Wunc:il Charles W. Thompson, City Administratox Paul E. Cook, Director of Public Works Subim: Heil/Gothard Storm Drain - Phase I; CC-6 C+orre omt ,. Ath Council Policy? [)d yes [ 1 Now Policy or ExaWion rit©ri BY CITY C OU: Ci], 19 ci'rrr`cc.:tKT Sbn wmnt of lace, Reemnvk►detion, AnelyAs, Funding Source, Altwnmiw Acticns, Attwhrnents: "fib STATEMENT OF ISSUE: Pursuant to Council approv�l December 1, 1986, bids were received on May 20, 1987 for the Heil/Gothard Storm Drain Project - Phase I. RECGMMENDATION: Reject the bid submitted by Pentaco Inc., A.M. Galbreath, a Joint Venture,- and direct staff to' re -bid at a future date. ANA: PSIS : On December 1, 1986, the City Council approved the plans and speci- fications for CC-649 and authorized staff to solicit construction bids. The bid as summarized Lelow, was received on May 20, 1987. Contractor Base Bid Additive Bid Total Pentaco, Inc., A.M. Galbreath, 454, 103.00 $65,313.00 $519,416.00 a Joint Venture Staff contacted the contractors who purchased plans and they re,,-ponded, stating that they were too busy to bib on this project. We also spoke to the consultant who prepared the estimate and he was Confident that his $240,000 estimate was accurate. The one bid received is more than double the estimated contract cost, therefore in staff's opinion it was only a token bid. The Department o; Public Works recommends the bid be rejected and the project re -advertised at a future date. FUNDING SOURCE: NIA ALTERNATIVE ACTION: 1 Abandon the project. ATTAC4MENTS: Location Map CWT:PEC: ERC:lw plob" p • SECTIONAL DISTRICT MAP -5--11 CPPY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP COIMdE►1 AVE it n r •r M I• o t or t o� I c o u-1 L4-w IMRftA tJr[. 01 r� 1 ZONING - — — --- — - - DM-25 SECTIONAL DISTRICT MAP e 22-5—II 04 CITYOF LST/ "c:t'T!0 60 0wor t0 INC Of01NUC[ b0 11f 1 N 00* 0{ MQ iy f1 q 2Irp� Jlp itt s-t0•f4 It1f 11•it fti 4YM•4f Q41 H UNGTNE �I '\/'�r` BACH AVI:4-/l 1I•I, i1 1.21•i3 1•t1•i� ,1, /it ff0 ,.I.,v !./.0 Q-T•Tp 1,1. vn V I-4.4• 10!/ q•M•71 147f 44" 1•t0•{A tots Q-m.1, Ib,, ORANGE COUNTI', CALIFORNIA T'1064 .;;; i424 AIAENOEO BY ZONE CASE: 9.4.04 [ I{, 241.t4q• tf"ktT1. zn) 37. lfl. m4.3w. t4,, w. 3ff.441 4",447.M. l04.bN.4I0,14 •tO,M-{l, ft•f, 411. 7U t{,R•ti.n•274Ti,Jldacal, 4 . /. /0 uel 1 Ut Tfi►3.7, /•J•IS f177 ,� 1•:f•y nb{ , rrF NOTE ra K4616Jr3 H. fora Aq.Mn►:.M.K.w. M. ,t.TtTMf ra 9.11" to r.q {Ir.r + q Hag axr•T M w LEGEND 4ttfm " 640"1141•Y *MTK1 [�] IWO ~19 Au igl{Itt U [tow all ""a WKi Mot rMr Rtagta Wfocl MwaT Cargla0al ItfTtlT "ATRa MAKT 091"t" vr*a :p1Yl►Tt IASUT.. t9ftcAr.4111'OVOW 17, tawlArrr /.amtt M 1�/TON1l3 ontra.t7 as'l.w Me, -- KTW4 tat M M R 13 EDINGER AVE F71Ri_ 'J 1I� t:� R{ "I 1'i R —RI RI i r.fJ R) RI �i1RI �`, RI f �Ri R1 _ Mier E tAl t Rt 1 RI I RI 11 RI I� RI RI t, 1" Mimimill" RI RI CF-E I CF-R 1 R, I r r� RI RI ' RI • . 1r I R I RI R I Ri r. RI R1 I RI RI Ri 1 p1 i`G- ;t I " RR t it nR1 R1 ���R1R I �7---- q R I R f GsK �]R I RICF-RR 1 .' t; Hit CR /) j �RII ti•S� 1'"m �I w cu ;u..1,1.•.:,..1) at tr RI� RI B �.'• R) 1 fll R1 RI RI Ri Ri ;• �'� �: •.•+'It1 Ent .! rj 4 r _ 't a RI RI __.._a RIt r R! at-.�.L_ ' r 00 q RI W a \•T _cr Ri e 6 a RI `� RI RI `� R i j_ RI Jj. t R! �_ ` �RI' ^ RI j��.:y � J Ri R1 R1 �_....1. al•r M_ _._ rIt _ L • i M M• Ir r+ t q, M I - O w _ MH ,<: ,1.) . _ R3 R3 R3 C2 i._._._.___.____._ E f�:..:.,.� :. _....—.. �i�►AphER AV....� E .,..•_., I Ib f. 11- % d to: y Honorable Mayor and City Ommcil Maras Wcpscm, City PrrU3. ustrat or Paul E. Cook, Director 'of Public Wb Z��-- "IM: Phase Z w Nail Awe nue Flood Control Inprom Consittwt with Council Policy? 14 yes I I Now ",,*;icy or C . Stato, t of law, fiecomnondation, Anslysi:, Funding Source, Att~lve Actions, Attschnnsn w 4&E statement of Issue: Hoyle Engineering Corporation has cwnpleted plans and specifications for the irnprommwnts to the Heil Avenue Channel and Drainage System. Council authorization is sought. to golicit bids for Phase I of this construction. Pe,emmnetnc3ation: 1. Apmrove plans and specifications. 2. Direct staff to solicit bids for construction of Phase I - Heil Avenue Flood Cbatrol Lrprovem-ants. Analysis,: On Septennber 17, 1984, Council selected the fire of Boyle Engim-ering Cbrpc•ration to prepay-e final design, plans and specifications for the Heil Avenue Flood Control Improve mints. Phase I of this construction consists of the Construction of a rein- forced box culvert under Heil Amnua for the C5--SC2 Channel and the installation of 113' lineal feet of new 36" RCP strarm drain. '."he engineers estimate for the construc- tion of Phase I is S220, 000.00. This project has an envirannrntal categorical exAmptioi. Source: Cbnstruc ion cos is: $2200000.00 Cbnstsuction Cbntingencies: 22,000.00 7btal. Funding $242,000.00 Aevnrws have been budgeted in Account 826490. >I>A•?na a District No. 5 9 43,000.00 orairage District No. 5 c 9 3, 000.00 Wir. ter-,*Jrarg DrainMe District 941000. 00 City Flood nulds 12,000.00 'total Funds $242,000.00 A1tNxnative Acti.an : Derry aP,.rwal of plans anal ,spe---ificatiens and delay construction. Att ctm.nts : Y,ocat ion Map CWT: PEC: EC: dw Coo sm MO sm UO" 1. cc #I I COST,` OF SPECS � (non-refundab'ieT OTHER (i.e. AHFP, F.A.U. etc.) PROJECT:141=cJAA E % eL 'Tj�p Y -r$CAT I ON : Hrjt.. St ice. Y &Cmme&.eri.....�..�.... ACCOUNT # : [///]] r �' BIDDING INFORMATION: 1. OUT TO BID: 2. BID OPENINGS 3. LOW BID TO COUNCIL: Lw, to�• ARCHITECT: ta)M:-32a..t �.,�GtJe�¢iu� 1&,P ADDRESS: �PHONE w PUBLIC :S PROJECT COORDINATOR: g&QA ,`ft-- 4:266 U AW11;7,,,_.. ESTIMATED cosT OF PROJECT: 40. f ; , , .,. i , ""', � I ; , I , I , ........... Ad&l J,s,,q 28 2 o2 PH '88