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HomeMy WebLinkAboutBELCZAK AND SONS, INC. - 1988-02-23 (5)SAFECO INSURANCE COMPANY OF 4MERICA GENERAL INSURANCE COMPANY OF AMERICA - FIRST NATIONAL INSURANCE COMPANY w OF AMEONICA HOME OFFICE- SAFECO PLA?A ( SEATTLE. WASHINGTON 98185 I { Rand No. 5537338 i MAINTENANCE BOND i f KNONV ALL HY THT'Sl= PRE SEN'rS. That uc, . Belczak b moons, Inc. as Principal, and SAFFCO INS IIRANCI: C'OM VANY OF AMFRICA, a corporation. organized under the Iaus of the State of Washington and duly authorircd to do husinc%s in the Statc of . California as Surety. are held and firmly bound unit) . The City of_tiutitinq tcn Beach a• ()httgcc. in the penal sum of _Thre-- Hundred Thirty three Thousand Cne Hundred Twenty Five and no/100---- - _--------.______ I S_..333,125.00� to which payment Nell and truly to be rnadc uc do hind ourschcs, our and cash tit our heirs, executors, administrators, successor% and assigns jointly and scs•crally-, lirtnly by these presents. \Vl4 I: K F. AS, the said Principal entcrcd into a Contract with the Cit Beach on of Huntin tBeh dated . February 18, 19138 �_. ._ _ ry for Heil Avenue Flood Control Improvements CC 649 WHE�RI AS, said Contract has been contpletcd, and was approscd on ._..__?.9th �._.._ . ._ daN tit 1`icly.__ ____ .~ NOW. THEREFOR. L. 'FHF. CONn111ON 01= •I 1111S 0111.1(;A'l ION IS SUCH, that if the Principal shall guarantt•c that the wort, will be tree tit any dricct1%c materials tit workmanship which hccoatc apparent during the period tit _ 1 ___ Vicar(%) ft►lioutng completion of the Contract then this obligation shall he st►:d, othcruisc to renimn to full force and ef[cc,. provided houc%tr, an% additional warrants or guarantee whether c.xi.resscd or impl►cd v. cstcr)dcd bs the Pttttctpal t►r Manulactury only. and the Surct% assume ro liahility for such a guarantee Signed, scaled and dated this _ _17thof ___ Wig_-- _ _ 19_6E!_. Belczak 6 MS I c (Scal l f scal l Stanley C`. Lynn �t►ornrs in-) at t • "1 «1 "1 V I State of California. County of Orange ) .a On this - 17th , day of June , in the year 1988 , before me Notary of Public personally appeared S* aW Av C _ Lynn , personally known to Me (proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -in -Fact of Sa f eco Insurance Company of Amer icaand acknowledge tome that he (she) subscribed the name of Safeco Insurance Company of America thereto as surety, and his (her) ow name as AttorneyinTact. Marl J. Jennison —7 . fill ANY PUBLIC C1IIFri�NtA — ()kAtict t:t,tlt� .r 31 i989 ota ublic in and for said County 1,1� CummSS•r Fonts lu'1 ' .e•400 „� • W" � ...... � �...-�"'�'�'.v�rw.IvhrRC.'4ML�.M' .'.'. 1 .. , w �. fiA�i� \w� i...�.�" .« • ` .'OWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE, WASHINGTON S@185 No. ___5.57 That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint ---------- STANLEY C. LYNN, Irvine, California ----------------------------- its true and lawful attorney(s)-in•fact, with full authority to execute on behalf of the company fidelity and surely bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its rcgularly elected officers at its home office IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of CERTIFICA rE December Extract from the BV-Laws of SAFECO INSURANCE COMPANY OF AMERICA: 19 87 "Article V. Sechun 13 — FIDFLITY AND SURETY BONDS the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer or, charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate tales with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced. provided. however, that the seal shall not txr necessary to the validity of any such instrument of 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. is) The provisions of Article V. Section 13 of the By -Laws, and (is) A copy of the power -of -attorney appointment, executed pursuant thereto, and fiii) Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying offs+:er may be by facsimile, and the seal of the Company may be a facsimile thereof " I, Boh A Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do herebv certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and ccrrect, and that both the BY -Laws, the Resolution and the Power of Attorney are still in full force and etfect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of said corporation this _ 17th day of jtinp s t iti'i Ms 3 Sol ONA010 04 v S• w CITY FUNDED PUBLI CITY OF HUNTINGTON B POR _THE_ HEIL AVENUE F !L w WORKS CONTRACT BETWEEN Cif AND BELCZAK AND SONS ) CONTROL IMPROVEMENTS 649) THIS AGREEMENT is made and entered into on this .Z�day of s.�R wh 1988, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and BELCZAK AND SONS, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Gothard/Heil Storm Drain Improvements, in the City of Huntingt.)n Beach, California, and, CONTRACTOR has been selected and is to perform said work; r1OW, 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 PRG7ECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered .in the prosecution of work, and for all other risky - 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 such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 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 is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named i.n the Bid Sheet (s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it s fully familiar with all the terms, conditions and obligations Gf this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, ano the conditions ender whi,-h tite work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opin or.s or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, +iith the same force and effect as if the same were set forth at length , herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. - 2 - w "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director or Public Works of CITY and aidopted by the City Council of CITY, and any revisions, amendments or addenda thereto- D. The 1985 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Ave -.;el Los Angeles, California 900341 and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated Gene,al Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall. be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by - 3 - i CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTO'k, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept an full c,,mpensation 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 provider for in Sections 1, 6, 13 and 14 herein. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred eighty (180) calendar days fror., the day the "Notice tt; Proceed" is issued by Department of Public works, excluding delays provided for in Section 11 herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and very provision of the Contract Documents. "ONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and .. 4 incidental to the prosecution of its work in conformance! with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working or: the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section a herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the r_ght to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CCNTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly �o the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in wti►,iny by the DPW. CONTRACTOR agrees to hake any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may zequir.e in writing. Under no condition shad CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal. the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof Fihall - 5 - be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work; services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is :issued. lit event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to tie CONTRACTOR shall be limited to a time extension equal to the delay due to such unavaiIabi1ity. 8. BONDS CONTRACTOi? shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amoui;t of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the work and %:..) warrant such performance for a period of one (1 ) year after CITY'S acceptance thereof,and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of asuch ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the r: n.3ECT. 1.1. LIQUIDATED DAMAGES/DELAYS it is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number ofworking/calendar days as set forth in Section 4 herein, damage 7 - 0 0 will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of 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 days set forth in Section A herein, which sum represents a reasonable Endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion cf the delay in completion of the work due to unforseeable causes beyond the control and without the fault or neglio—ce of CONTRACTOR, including, but not restricted to, acts of %12%ja or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTCR shall, within fifteen. (15) days from the beginning of any such delay (unless the DPW shall grant a further period or time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY ehall extend the time for completing the work if, I in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be fade unless a claim there -or is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such Conditions are disturbed, notify the DPW in writing of (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) unknown physical conditions at the job site, of an unusual nature, differing materially fiuj4 those ordinarily encountered and generally recognized as inherent to work of the character to be performed tinder this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extenbion No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOZ: has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VAR;ATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will by made only for the actual quarilities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, :f the actual quantities used are either more tnan or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards of downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid 0, 71 schedule. No claim by CONTRACTOR for an equitable adjustment in pr.fce or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variatiol is such as to cause an increase in the time necessary for completion, the DPW stall 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 perforr,.,d by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by C"TY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfu',ly executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be .paid such sum as will bring the payments of each month up to one hundred percent ( 100% ) of the value of the work completed since the commenceme►-.`.- 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 vi a Notice of Completion by CITY. Payments shah be made on der.dnds drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF °ECURITIES At the request and expenae of CONTRACTOR, who shall retain beneficial ownership and recc•.ve 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. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms i supplying materials and all subcontractors upon PROJECT have i ibeen paid in full and that here are no claims outstanding i ? against PROJECT for either labor or material, except certain t items, if any, to be set forth in an affidavit covering disputed clams, or items in connection with Notices to Withhold which have bean filer' 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 again.'It CITY under or arising oul: of this Agreement. - 12 - 7_� 18. INDEMNIFICATTON, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees against any and all liability, claims, judgments, costs and demands, however caused, includina 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 ur 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 18611 CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such workers' Compensation Insurance in an amount of not less than Ore -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 - I 0 the work hereunder, furnish to CITY, on a form approved by the City Attorr•ey, 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 polA"cy; and CONTRACTOR stall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnitication 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. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this -. 14 - Agreement, in an amount of not less than One -Million Dollars ($11000,0000) 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 furnish 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 Sk_ •'.t i on ld of this Agreement. CITY or its representative shall at all times have the right tc• demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. DEFAULT AND TERMINATION If CONTRACTOR tails or refuses to prosecute the work hereunder with diligence, or fails to complete the work wi_hin the time specified, o: is adjudged a hhankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents# CITY may give notice in writing of its intention to - 15 - terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 22. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 23. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey nr encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written 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 Agreement in violation of California Government Code Sections 1090 et $eq. - 16 25. ATTORNEY'S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the 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 said 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 CONTRACTOR. CITY may charge an administrative fee of One -hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 26. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by ouch party. - 17 - 27. CAPTIONS Captions of the Sections of this Agreement are for con- venience and rL—Ierence 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 %greement 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. BELCZ and SON INC. a :thrni o oraltion Tim S. elczak, resident c et y/ ea v n J. Be czak, Ve-Pros. 7TTEST: City Clerk REVIEWED AND APPROVED: City Administrator be CITY OF HUNTINGTON HcACH a Municipa cor ra ion • M APPROVED AS TO FORM: CFfy AttgFhey 644FLftZI. - 1*;L-SS r� --/b• IS c7t t, r INITIATED AND APPROVED: D rector of Public Works EXECUTED IN FOUR CO('RPARTS PLRFOR M'CE BOND No. 5479088 P iunt: $3,831.00 wt, _ Hei�x, fi Sons, Inc. _._ _ as Principal, and Safo-L, Insurance Company of America as Surety. jninti�► and severally, bf d ourselves, our hairs, ,•apresentatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH Three hundred (herein called Ownar) for pa.ysent of the penal sun of Thirty Three Thou a "----------------------------------- Dollars ($-------------- � * lawful money of the Unitted`States. Owner has awarded Principal a contract for the construction of HEIL AVENUE FLOOD CONTROL IKPROVMW.NTS CC 649 THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things abide by and wall and truly keep and perform the covenants, and agreements in the said contract, and any alteration thereof tad* 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 harmlosa the Owner, the Engineer/Architect, the Gvmer's Representative, and tbsir consultants, and each of their directors, officers, employees, 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 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 SGach OC-HIO-200-01 C31201AC Pertoraance bond - 1 of 2 Principal and Surety agree that if the Cfiner is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Owner'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 18 , 19 88. Belcxak "ons, Inc. By Title Mr-AI(IC-,h A (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: Safeco T;7suran2e Comj2anv of Arierica (nano and address of Surety) 17570 Brookhurst Street Fountain valley, CA 92708 Sullivan F Curl,is InsuLaace nrokers (nano and address of Surety's agent for service of process in 2100 14ain Street, suite 350 California, if different from above) Irvine, CA 92714 (214) 2SO-7172(telephone number of Surety's agent in California) (Attach Acknowledgment) APPROVED: (Attorney for OWNER) NOTICE: SUMY ey ►xr� ;'�-k ttorne -Fact) Stanley C. Lynn No substitution or revision to this bond form will be accepted. Sureties must be authorised to do business in and have an agent for service of proceits in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-H10-200-01 C31201AC Performance Bond - 2 of 2 ATTORNEY IN FACT ACKNOWLEDGMENT r sun or CALIFORNIA � r. Covowl of _..0r&rgt Ott tlwt . _.. • 18th day of FahztkAry . lathe )tar . 1988 . µ_ _ .before rnt. a yaary }'irt�lrt io and fee tans Statil yrrmynn County. Stnr otCaidomil. Itirdlrhs thtrern. duty Cornfrrtuontri alr! 1-mom. iKrton "Y tl�ewt! ......___—•---........._ ...........,.. __........... _.. [�.terwRafly fe�•tt to rtrt (� �rtived la Me K q►e ►aa4 et wtidactory evldteee to ke the /aloe •host :.•rnt is wbicnbcd to thrt instrument as tht attorney in title(. 1ef acO In urance CQtpanY_P(_ AQlQ;,iCA ani attnowitdsci to mt that k eRe subirriotd the name of .. Sa ttCGt i niturenerr Carnre�ny . oi, 11mer jCR.......... it+trrte at $only. and (a hk Q her o»n name as attorney In tics. •�• •� -• IN WITWESS WHEREOF, i have hereunto wt ety hand and SM&cd my orkral teal, the day a -year tilted rn stirs ttntilkatt above. 1 .:�r /� �� t • i•i .,�....}..a.,.�..�. i Nwall PUNK My Commistuat capita July 31, 1989 . . gyp,,,. a..,..... ,�.. , w .. , .., :.af.�' . �• n+.� - .,...... .. .... � .......,...... _ .� ...""►s'a"^.��s�atwrwMlltik.sa,�..�o.ty�`'.t�"�`b`%�r:+h+u•-'�' EXECUTED IN FOUR CO*, ..RPARTS . ,•� Bond No. 5479068 Premium: included in Performance Bond PAYMENT BOND We Helczak a Sons, Inc. as Principal, Safeco Insurance Company of America and as S1mety, jointly and severally, bind ourselves our heirs, representatives, successors and assigns, as set forth herein, to tke CITY OF HUNTINGTON BEACH Three Hundred (herein called. Owner) for payment of the penal sum of Thirty Three Thousand One Hundred Twenty P:ve and no/100 ---------------------- -------------------------------------- Dollars ( g 333,125.00 --------------, lawful money of the United States. Owner has awarded Pr nc pal 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-year guarantee period, or for any amounts required to be daducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant N:o Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, them Surety will pay the same in an amount not exceeding the sue specified above, and also will pay, 'i: --wage suit is brought upon this bond, 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 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, 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 i � � 1 1. � � = ••'�J• Or-HIO-200-01 C31201AC Payment bond - l 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 slue above set forth. Executed in four original counterpasrto on (Seal if Corporation) February 18 , 1988. belczak`S,Son%, In By PRINCIPAL (� Title (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: Rafprn Tgnoiral3Cn ramp&ny Ut 1merIga, (name and address of Surety) ` i Zi1i.L1'?nr„12 T-Arnnrrt (name and address of Surety's agent for service of process in California, if differer.: from above) _1;1459_3171 (telephone number of Surety's agent in California) (Attach Acknowledquent) APPROVED: (Attorney for OWNER) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an anent for service of process in California. Certified copy of Power of Attorney must be attached. city of Huntington Beach oC- H10-200-01 C31201AC Payment bond - 2 of 2 It .,P 7) POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: PSAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 4578 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ---•----------------S'TANLEY C. LYNN, Irvine, California---------------�--�--------- -- its true and lawful attorneys) -in -fact. with full authority to execute on behalf of the company fidelity and sur tfry bonds or undertakings and other documents of a similar character issued by the company in the course of its busines::, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly eiected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of CERTIFICATE December Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: t9 87 "Article V. Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. .. On any instrun•i-nt making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or unddrtaking." 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 fay -Laws, and (ii) A copy of the power -of -attorney appointment. executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. 1, bah A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the fay-LawL and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF t have hereunto set my hand and affixed the facsimile seal of said corporation 5.1300" Vet this ISth day of F'ebruary .19 a "I"I'co 04 1.11 A r ATTORNEY IN FACT ACKNOWLEDGMENT STATE Of CALIFORNIA m, C", of _ Or#DXq Os this a..9X.b. ._.. __... Iay of Februar _ _ . in the yeu 1988 . before me. a Notuy Public in and far sW Oran _ .County. $laic of California. residing therein. duly commnsioned and s»orn. personaly mean! Earlsx F'�n..-_— Cfttrwally knows to rae. Q Kored to are on the bask of salwadn evWcm to be the pcfm whose rum# is subscnbcd to this instrument as the attorney in fact of Saf*C0 Instarancit Car�,p ftrj tray acknowledged tome thatQ ht ❑ abe subsen'bed the name of Sat*Co I nsurancs am atom► QL AMrtAA __tkfClo u twiny, WW 0 bb Q htr o•s same as altarwey is fact. IN a04a•,I-1 ra ;.1i'i C.1t1�-1 P1 QRAhU C00fi1f MY CUMMISSon f iilam July 31. 1989 sed sny oflkial scat. the day and year stated in this cenilIcate above. IM—.19 sac Notary Public My tomrnissina expires July 31 # 1989 �...`�MWt+aaM►•�H �i:zaei�•4�'A�,ML►.v..v.. s*,.......—. ' EXECUTED IN FOUR Cq�IERPARTS PERFOPXhNCE BOND Bond No. 5479088 Premium: $3,831.00 Belczak i Sons, Inc. We, as Principal, and Safeco Insurance Company of America as Surety, Jointly and severer y, bind ourselves, our heirs, representatives, successors aM assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal sun of Three Iiundred Thirty Three Thcusand One Hundred Twenty Five and no/100---------------------- ---------------------------------- Dollars -- (s333,125.00---------------), - lawful money of the Un t States. Owner F.ms awardia Fri5cipal a contract for the construction of HEIL 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 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 manner therein specified, ane, shall faithfully fulfill the one-year guarantee of all materials and workmanship, an6 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 be 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 vise affect its obligation on this bond, and it does hereby waive notice thereof. City cf Huntington Beach OC-H10-200-01 C31201AC GA: CTii By:� DE,:: • ri ly bt OMOY Performance Bond - 1 of 2 1 J 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 owner'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) Pebruary 18 Belczak 6 Sons, Inc. By Title ,19�g• (Attach Acknowledgment of Authorised Representative of principal) Any claims under this bond may be addreswed to: Safeco Insurance Company of America (name and address of Surety) 17570 Brookhurst Street Fountain Valley, CA 92708 Sullivan 6 Cuitis Insurance Brokers 2100 train Street, Suite 350 Irvine, CA 92714 (name and address of Surety's agent for service of process in California, if different from above) ( 71 4 ) 250-7172 (telephone number of Surety's agent in California) (Attach Acknowledgment) APPROVED: (Attorney for OWNER) NOTICE: Safeco Insurance Company of America SURETY (Attorney- Fact) Stanley'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-H10-200-01 C31201AC Performance Bond - 2 of 2 r s- ATTORNEY IN FACT ACKNOWLEDGMENT STATt OF CALIFORWA CarsMy d _ Olr fnge �. Ott *k 1Q_tb. _______ _ —_day --___. in the year .__. 19B8 _Q anae before mt. a Notary Public in and for said .County. State of Californ&a. residing therein. duly canm,ttioncd and sr►otr, st orgy wand . - ___ _._.� ff tnoaagy known 10 sae, 10 be The grerN to aft M tht borax of Mtldactory tvideate person whose aaant it subscribed to this instrument at the attorney in fact of SaF?co Inn �ur�nce�w��MCA and acknowkd$td tome thatg)ke (] dw svbsenWd the acne of 5aflCO Intsur_ ante C�o px�_ o� lltasr "My. UW to biis 0 ber OWN saint at attorney 14 fact. IN WITNESS WHEREOF. I have I►ereunto set my hand and sflixtd my ollkial sesl. the day aid year stand its this cenillcate tbove • Mane T !nr,nison / Notary Arblic z I441A ';' r"I 1i l; ^AtITQttNIA P'ii-Vii' .! ItFl l"E 10, ORANU CntlNiy saw.a— s Mr COmmwsan ElPff'. July 31. 1929 My commission expires July 31, 1969 --.- EXECUTED IN FOUR CO_ ERPARTS Bond NO. 5479088 Premium: included in Performance Bond PAYMENT BOND Wet Be!l'Czak & Sons, Inc as Principal, and Safeco Insurance Coati an• of America as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (heroin called revner) for payment of the penal suet of Thro-C itundlid ---- -- -- -- - - -- --= i- -Dollars ($ - - -- --- --� , lawful money of the United States. Owner has awarded Prnc pal a contract for the construction of HEIL AVENUE FLOOD CONTROI. IMPROVEPMNTS 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 Innurance Code with respect to work or labor performed under the contract of during tho one-year guarantee period, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax naard from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance rode, watt+ rose^ct to such work and labor, then Surety will pay the some in an amount not exceeding the sum specified above, and also will pay, in caoa suit is brought upon this bond, such reasonable aZ.torney's -fees as shall be fixed by the court. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, no as to give a right of action to than cr 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 specificatiane shall in any wise affect its obligation on this bond, and it does hereby waive notice thereof. A; E ; -0 F pR43 City of Huntington Beach OC-H10-200-01 C,31201AC C' II Z J ♦.'. .' t . t r •� i1c;•t.'t' f'' .� LICtornii3r Payment §Wnd - l of 2 0 Principal and Surety agree that should owner become a party to any action ,gin this bond that, each will also pay owner's reasonable attorney's fees incurred therein in addition to the sun above set forth. Executed in four original couriterr a its on (Seal if corporation) February 18 88 19 Belczak i Sons, Inc. (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: Safcco Insurance Company of America (name and address of Surety) 1757%; Hr.00khurst street Fountain Valley, CA 92708 Sullivan & Curtis Insurance Brokers 2100 Nsain Street, Suite 350 Irvine, CA 91714 (name and address of Surety's agent for service of process in California, if differ4nt from above) (714) 250-7172 (telephone number of Surety's agent in California) (Attach Acknowledgment) APPROVED: (Attorney for OWNER) NOTICE: 5a£eco Insurance Company of America SURETY ey. (J► torney- Fact) Stan ey 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 fnr service of process in California. Certified copy of Power of Attorney must be attached. City of Huntington Beach OC-H10-200-01 C31201AC Payment Bond - 2 of 2 AITOMEY IN FACT ACKNOWLEDGMENT STATE Of CAU�OR.�t1A Cwuq of ___ range ta. Ost tflris - is" _. day ren19BB Orange bttae W. a Notary P�IWK ift and Aw sail) �-'SUNIVy— t�'4— Ynn ""County. Start of Cahfornu. res,diq therein. truly camenissio"4 Sr Isom. fieryny OP'cartd ---..�..�.�---•----.---_..�._.._.�.,,----�-----. d"Iffnonapy lnrra to on, Mire the Persos whose name is subscrioed to this instrumcni as the attOtMy in (a-t �__- Q �a•N to as rk ub sattafielar• evl/tax'a Sateco Insuranee�w._P�t1CA— afW actfaowkdlcd to m+t th&IrL) he 0 she subscribed the nanx of . Serac�o Insurance- C sue• aryl C1 ►b 0 ber swa mante as 81torssey is Fitt. thtrcto as IN WITH=SS WHEREOF, i have hereunto set my hand and a ed my *Atrial seal. da and y reu statcti M this ctrsilkste above. yy• 1 1.43ry t .nos Notary PWM �z. »��� My comntissinn espirh _ .duly, 31, 1989 - � . .. .. 1.4 t�f '�.4 Alr�:.�'.•a r r�--w...A..�/w�/I�.L'�}NYIr%%lWil�l�lR� ' POWER 0SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA OF ATTORNEY SEATTLE, WASHINGTON 98185 �AF�CO No, 4578 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ---------------STANLEY C. LYNN, Irvine, California -------»------------------------ its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 23rd day of December , 19 87 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13. -- FIDELITY AND SURETY BONDS ... the President. any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the office; 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 othor documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing suc"appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided, however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970 "On any certificate executed by the Secretary or an assistant w--.retary of the Company setting out. (1) 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) C6rtifying that said power -of -attorney appointment is in full force and effect. the signature of the certifying officer may je by facsimile, and the seal of the Company may be a facsimile thereof." 1, Roh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and thit bath the By -Laves. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporation this lf3:h day of February -. 19 83 !• t 70011! l/fit "Wrt0 till u s A ATTORNEY IN FACT ACKNOWLEDGMENT ! STATE Or CAMORMA �. C"my of _Or Qt► thil . _... 18t�I ,_ day of .. rebr_uary . ICI the yeaf 1988 _ _. . before rtu. a yowy public M and for saga Slitil yraCn� ynn County. State of t:atlfomia. rctldind therein. 61) commissioned and t+om. personadr appeared ....... .............. ....... _..... _.._... ... (f ror"Rany kasom of aw.O presw to one RA [No bub of "Ift(ade" 4,41618" lobe lk person .hose name a tubtcnbed to lhot instrument as the eltomty sn facto!. �:� ieco x h:ut; �nct_ Cot P!QX�A! ilttlCC.�C,E.. t+Ml Klnawfeepc/ 10 me that] be [a IM sltbscnbeli the name of S• 1*ero 1 n=urance_ Cca:npany _ ot, Amt r i£R�,_,_.____thereta als surety and ® bk O Ut *%n natnt ai altomity In fact. IN WITNESS WHEREOF. I have hereunto set ony band Ind SMIed my o11kia1 teat. the dar an9 year tined in this cenjAcace above. 40m,"Mary J. J,�r.nison '.. tar�'ui►tK .... _..... �. y' ;''My comm1wim esplrelJuly 31r 1'.189 Cnrnmr.%K;n 1uty 31.1989 t'.M YZIAYRIMM'.+fY.r.�.M\^.tYt ... .� w.. -.. r......... T__'._,,,,wmw►�'At��hwy�,�f�Y%i°,�fi�ri�+M►�W1rwA+.+.'. It 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 Owner's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. Executed in four original ctounterparts on (Seal if Corporation) February 18 t 19 88. Belczak & ;5s, Inc. By CIPAL (Attach Acknowledgment of Authorized Repro sem%-ative of Principal) Any claims under this bond may be addressad to: Saier_o Insurance Company of America _ (name and address of Surety) 17570 Brookhurnt Street Fountain Valley, CA 9--708 Sullivan & Curtis (name and address of Surety's agent for service of process in 2100 Main Street, Suite 350 California, if different from above) Irvine, CA 92714 714 ► 250-717- (telephone number of Surety's agent in California) (Attach Acknowledgment) APPROVED: (Attorney for OWNER) NOTICE: Safeco Insurance Comp�tnv of Arierica 7 ,� •r'� J — - _ - By � (Ate rnay- ' rfact) 5�anley C. Lynn ✓ No substitution or revision to this bond form will be accepted. Sureties must be authorised 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-H10-200-01 C31201AC Performance Bond - 2 of 2 EXECUTED IN FOUR CC1,,__..ERPARTS PERFORMANCE BOND 49 Bond No. 5479088 Premium: $3,831. die, Belczak 6 Sons, Inc. r__...._. am Principal, and Safeco Insurance Company of America as Surety, Jointly and severally, bind ourselves, our heirs, 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 Hundred Twenty Five and no/100-------------- ------------------------------------ ( S 333,125.00----- - Dollars __________ ) f lawful money of the UnIteaStates. Owner has awarded Fr nc pal a contract for the construction of HEIL AVENUE FLOOD CONTROL IMPROVEMENTS CC 649 THE CONDITION OF THIS OBLIGATION IS SUCH that if t':e 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 manner therein specified, and shall faithfully fulfill the ore -year guarantee of all materials and workmanship, and shell indemnify and save harmless the Owner, the Engineer/Architect, the Owner's Representative, and their consultanto, and each of their directors, officers, employees, 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, e3ecension 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-H10-200-01 C31201AC City A:torn�y' Performance bohd - 1 of 2 0 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 counterparts on (Seal if Corporation) February 18 , 1988. lc Inc. NCIPAL (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: Safeco Insurance Company of America. (name and address o: Surety) 17570 Brookhurst Street Fountain Valley, CA 92708 Sullivan 6 Curtis Insurance Brokers 2100 Main Street, Suite 350 Irvine, CA 92714 (name and address of Surety's agent for service of process in California, if different from above) ( 714 ) 250-7172 (telephone number of Surety's agent in California) (Attach Acknowledgment) APPROVED: (Attorney for OWNER) NOTICE: Safeco Insurance Company of America SURETY By (Attorney -Fact) Stanley C. Lynn No substitution or revision to thin 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 Brach OC-H10-200-01 C31201AC Payment Dond - 2 of 2 .�. Band No. 5479088 Premium: included in mance Bond PAYMENT nOND Wee - Belczak & Sons. Inc. as Principal, and Safeco Insurance Company of America as Surety, jointly and severally, bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the CITY OF HUNTINGTON BEACH (herein called Owner) for payment of the penal $um ofThree Hundred Thirty Three Thousand one Hundred Twenty Five and nu/100-------------------- -------------------------------------- Dollars ($ 333, 125.00-----------) , lawful money of the United States. Owner has awardbd Principal a contract for the construction of HEIL AVENUE FLOOD CONTROL IMPRCVEMENTS CC 649 If Principal or any of his subcontractors fails to pair 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-year guarantee period, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from thn wages of employees of the contractor and his subcontractors purs3;.tant to Section 13020 of the Unemployment Insurance Code, witil 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 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 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, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the plans and specifications shall in any prise affect its obligation on this bond, and it does hereby waive notice thereof. A; ; 740 coPM:j City of Huntington Beach 0C-H10-200-01 C3120:AC ;;t.y City Attorney Payment Bond - 1 of 2 PerFor- k POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 93185 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint --- -�-•-•-��------STANLEY C. LYNN, Irvine, California••—�---------__.._..._____.._._�_.. its trua and lawful attorneys) -in -fact. with full authority to execute un behalf of the company fidelity and surety honas or undertakings and other dccurrignts 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 bimn duly erecuted by its regularly elected officers at its home office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attaxted these presents this_ 23rd day of December . 19.87 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 12. -- FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have ,authority to appoint individuals as attorneys -in -fact or under other apt ropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other docurtients of similes characaer 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 euch authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any o:her 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 Scard of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted .July 28, 1970 "On any certificate executed by the Secretary or an assistant vecretary of the Company bNting out. (i) Tito provisions of Article V. Section 13 of the By -Laves, and (iij A copy of the power-of-sttorney appointment. executed pursuant thereto, and (iii) Cectitying trial said pow-w-of•attorney appointment is in lull 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. Boh A Dickey. Secretory of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the- By-Lpws and of a Pas-lution of the Board of Directors of this corporation, and of a Power of Attorrt.ay issued pursuant thereto, are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are ;mill in full force and off en. IN WITNESS WHEPEOi-. + It+rwt hereunto set my hand and affixed the facsimile seal of said corporation this .8tlt ____.. day of _ F ebrunt y 19 99V_y r300►M3;M r"M+l•QONusA ATTORNEY IN FACT ACKNOWLEDGMENT STATt Or CAI.IFOR.VA dj'wtwi of .. Qr St. _. _day of Pebrt�a� . 196t3 _.�... � ....._. in the rear .... �. before Rx..a .;otarY hitfic in and for saad .County. State of Cabfoms. tcsiding thcreln. duly comsmailskwd snd sr.om. personany Elptnossgr ►Rips to me. [j prtne0 a nwt on the ►esb of Utufsawy tHt4ute lobe tk Ignon whose name is tu►scrtbed to this instrument as the attorney in fact of. $afeco atsd aelnoultdied to the 1W13 be 0 stet subsenbed the name of �'af *co lnsur4nce_Sornp�,,. _jL_& sA" _.thereto a Swittr, and (I kb 0 ►er a*a name as attorney 4a fact. IN WITNESS WHEREOF. i have heteunto JA&_wd xed my oflkat vat. the day and rest stated in this ;ertiAsatc abort. 00 t'{ `r ►;,,: s •� -sp (AU-Y Public �E9 July 31, 1989 f' c,, )mrsK,n ►. :�'�'• lu r 3.. 1 My com.nissilxt xxpiret me*" + 146 w _... .+ - fu.NY..-�.+f JY11M4i/J..0.• ,^ "i AM,.1.r0- �IUI.*NT0: CERTIFICATE OF INSURANCE APPROVIDASTO►UFiM 'J&q!'J01IImII1 WWI SwAh TO Ir►,atorsa � M�tteflle Wwritea P.'a "m Itl0 CITY OF HUNTINGTON 52ACH, CA L)FORN1A City Atserm, ` 14m** sn So". CA SOW A MU ICIPAL CORPORATION This III to m Wy blot Ow p WW of trwrom as trwibed bsioat ha4 Ibsen 1jmW to the ime W by tin um*n4pW aW we in !Arcs 83 *1141 thoW If OWN roti" art afawWW or dwmopsd In wO a Roomer► tIM -mNI A,vat thM towtiflate, rM Ins wows rompmy sp srs too VkV 30 drro fodw %%Mullen notice, by rmM, to City of Hunikoliton Reach, Intursnai wd lieWits Dhrh,.ian, P. O. r4K 180, HNnt11r4ten ftw*, Calif vk 92"1, Name of In lmd AELCM AND SONS& INC. Ad*m of Intursd 4085'EAST LA PALM AVENUE „1WARE„M. QA .�9?.A07 Lotrstien of'+rfork or Opemkw to be perfor m4 CTIX (A Nlix' UCTON REACH 11 11. ASIE.NU E1 (01) Mw.,14'01, comcriptkm of Iva* or Operations .,,_.e...,r.. POLICY DAi ES LIMITS OF LIABILITY POLICIES IN FORCE POf.'.CY NO. In Thousands (01101 Efhctive Expiration ion 73PR005415- 6-30-87 .mffmmm m. 6-30-88 GENERAL LIABILITY 5005 1 I COWNEHENSIVE FORM $ 1 11000,000 PR11MtSES - OPERATIONS S CtL 1 EXPLIION AND Esoh Onw*na COLLAM HAZARD Y 1 UPMERGetaum, HAZARD )e 1 PRODUCTS COMPLETED OPERATIONS HAZARD ]1 1 CONTRACTUAL INSURANCE Y 1 BROAD FORM PROPERTY , DAMAGE i 1 IkV&PENOENT CANTRACTOns 1 1 PROFMOK%L LIABILITY/ ERRORS & OMISSIONS AUT010081LE LIABILITY 73BA005415- 6-30-87 6-30-88 0001 1 ComPREIIENSIVE FORM 14 OWNED $ 1, 000, 000 CSL Each Oaau WAs 14 HIRED I �) NCMrditMNEO EXCESS LIACILITY 73CU005415 6-30-87 6-30-88 14 UMBRELLA FORM Qp03 $ 1,000,000 OTHER INPUnAft'CE COVERAGE WORKERV COMPENSATION AND VWm of VAreMtion hem Mloklrg' Compoim Ion Inwnr. SW Inaxed Ram Ion m NATIONWIDE PEUIVAL INSURANCE COMPANY NATIONWIDE MUTUAL INSURANCE COMPANY ATIONWIDE MUTUAL NSURANCE COMPANY Additim Imisred Endorsement: The inrurer woos to provide on endconement to each polity shown above at follows (excluding washer's ramp.) The insurer spots that the City of Huntington Beach aril its City Council, and1w all City Council appointed groups. .msmrnittens. corrnllnlons, boards and any other City Council appointed body. and/or ehctive and appointive officers, stivents or ernpioyses of the City of Vo ;titeglcn deeeh. Nh" acOml as such are additiornl inwrods hereunder. Such insumme is primary and not aotwis or outnrtriltito w.COW .`oe;o�.....�.�.�....�d... ..m...,.�,. Hula sa"irsam is Soured as a wafer sf InWmrelon. TW mtWhew is mere A iwww+a Wky sd door nut 00md, eRor dtw the so Is sp effeeded blobs 0*W" Odom to sin. sowdt"a d my erntrt t w ahw doctrrntwtt W"h mmoet a s1mA *A m I'r ela of Ise omm mW be iewed or m" Pertain, 00 Wommm OkMed kV the Policies denribed l wein is to all the hurrws6 wlehwl h" and em4teens at sob /Mies. NATIONWIDE MU71JAL INSURANCE COnARY AST or RMtaww MA-3QjjlrSI1jTE MS. Doti P. 141141UM i it a _.. 532-7400 NATIONWIDE MUTUAL INSURANCE COMPANY kmmt 0011*0-V ,1i ��•,-, 2-17-88___ Dow NOTE I AvilheArad 9%netrm my be the wants If r1Nnt has Pieced Iftwo ce tfu�e%oi so 4kVmty "rw worn rrllh the Innim. If Insurance is brvAwwed. "tlfaltstl :.enatwe must be tMt of an eNKiai of the insurance coupon►. BEE REVIIASE SIDE FOR HOLD Vk$'.MI.QSS AORFEMENT '_—___ __ 1.1.,.,. 1_t, The City of HuntitVion 8owh requires by o:dirnance that a Canifioata of lnsurtw,e be on file with us for the Issuance of a permit or lictnae; +and twat it be kept current fur as bong as that permit or liras Is in fnros. The Wtificate you caw have on flit with the City will expire on the date shown on bottom of nwilhq W*I. Pkasa have your 7ijevA tibmit an updated Certif altf of Insurance, on this form prior to this expiration dote. Failure to tornply nw,y result in the cancslkthm of your permit w license and the Nosing down of your operation or event. TI:Is is the only notice V canaiiation you will receive from the City of Huntington Beach. THE WTY OF HUNTINGTON $EACH MUST 89 AN ADDITIONAL NAMED INSUREO. All Conifiates of Pmurance ihould bo mailed to the Insurance and Benefits Office, City of Huntingum Beach. P. O. Box '190, Hunting- ton Beach, California 92648. If you have any questions. please call this office at 536-5990. OEFEN.'ME, iNCEMNIFICATION AND HOLD HARMLESS AGREEMEtir fhe undersignad insured Contrrctae, a Sall. Proprietor/General Partnership/California Limited Prirtnvrshi�(waliforn ai ration OtMr ..(yrxu must circle the appropriate choice or fill in the blank) here attrees to indemnify and hold Mrmlass the City of HuntiwEton Beach, its officers, employees a)W ft"ants (hytrainafter colisatively referrad to as City) from any and all loss. damagr. . cost, eapen", liability, claims, demands or Judgrnen:a arising dkoctly or Indirectly out of the work, WOW, event or other purpose for which Nee accompanying certificate of insuran:e Is provided, regardless of tM active or passive nature of any negligmoe by City except Wlen such liability arises from tho sole nagiigana or wrongful misconduct of the City. This spreemant extends to cover tfie actionsa;�rtlRmissio of third parties a: well as ttros�e of the Invited Contractor (indemnitor) and the City (indemnitess►. The legal defense r' rod by t ' t Il be provided upon request � the City and at the sole exponis of ttie Irnuved Contractor. Any cols ansi or ncurred by City in enforcing this agreement shall be reimbursed to City or may be awarded to City by rt 0 tion. STONED: By: _ Tit /(. ��f �OC✓l�` �.L / _ > By: � Tide: ._.__ ._ � v' ,*✓ If a Corporation. FFICERS dust s'4,i; or, the a1wr►ative, present satisfactory tvidw-,w of your authority to bind your Gxporation. tIO elm • CITY OF HUNTINGTON BEACH J• Insurance & Benefits Division ' P. 0. Box 190 .w..low. s Brio Huntington Beech, CA 02M 1i ' ri "HOLD NAP.M!.ESS AGKEEME"JT" Subcontractor agrees to indemnify and save owner, contractor and their agents and em- ployees harmless from any and all liability claims, damages or injuries to any person, including injuries to subcontractor's employee: and all expenses of investigating and de1'e;;ding against the same (a) arising fron 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 ' y the negligence of the subcontractor, or his agents or employees. 9 MUM TO: CE ATI FICATE OF INDUAANCE A"00VAD AS TO FORM VA lowdlo4aft . *e + o & 11l+twiiq j li*Adem TO y _•.w.i..r1. �O a" ttollOF HUNTINGTON EACH, GALIFOANII L;ity M#r1hM► .� ��� � �� AATF A MUNICIPAL OOAPO ON Y>ds. b to versify out as Poii" of Immmm M dltsoribad boewr haw bm heliad to on m med by to twdarsipw and we in ftirw at tiro Sinai. If team poliais are awmiled wr► e1Mwtllard In r * a wA mrr tot wM affat thW artitkft, to kowena asnl}wfry a u give all d"a pdw waft* nacho, by hail, to Qtell WaKitlom Da ). Imuramm mid Dettaffits DieisWo, F. O. Mm 190, Iitliwtillom reooh, CarlifornM ava Nff" o I nfu d ,�P`wC Z A K w & R nN g - .r Mriw��r�rrrw�.�r.�w .rrl..r.�rr r..rRr..w Irr--r Address ofinwarod 4085 East LaPalma Ave. Unit H, Anaheim, CA 92807 Lomian of Work or Operations to be perkwand City Of H u n t i n g t u n Beach, H a. Awe n ug ' 1o4d Con t ro r 'I.Y�wrw I Prlr•YYYrYr1YC S2 Domwipdon of Work or Opwotiotm POLICIES IN FORCE GENERAL LIA31LITY 1 1 C NIPREHENSIVE FORM I 1 PaEMISES -- OPERATIONS I 1 EXPLOSION AND COLLAPSE HAZARD t I UNDERGROUND HAZARD I 1 PRODUCTS COMPLETED OPERATIOW HAZARD I I CONTRACTUAL INSURANCE I I BROAD FORM PROPERTY DAMAGE I I INDEPENDENT CONTRACTORS I l PROFEWONAL LIABILITY/ ERRORS li OMISSIONS AUTOMOBILE LIABILITY I 1 COMPREHENSIVE FORM I 1 OWNED l I HIRED I 1 NC*WMNED EXCESS LIABILITY t 1 UMNRELLA FORM 1 1 OTHER INSURANCE COVERAGE WORKERS' COWENU710M AND "WNW at ImArov"km from EAtorkan' C060artttioe Iwrww. POLICY NO. 74-31025 Etisotive Expiration 4/1/87 1 4/1/ 88 In Thananie (ON) CSL tali Oc urarree S C:L S 100,000. w..w �• ..w wwM .r�r. � Eeff Inwrad Resentww N Pacific States Canualty Co. Additknuil inwred Endarsement: The Insurer aigrees to provide an endorse~t 3o owh polky eleven above as follows (excluding worker's romp.) The insurer agrees that the City of Huntington Brach and' its City Courmil. and/or all City Council appointed groaps, committees, commissions, boards and any odor City Council appointed body. and/or elective and appoint6a officers, servants or employes of the City of Huntington Desch. when acting as ,ouch are additional ineweds hereunder. Such Imur rrce is primary and not excess or contributing to any other Im wence of the Ci of Huntingen /oath. ....w.m Thin sartilieuM M 4maq! rt a ""m M Ifflenustiaa. Thie ""111s11 is no an inowei a poky and ram no eamrd. ar+emi Of Wtv Ow ae�rsrap attcrbed by tM pellabe NOW heroin. Nodwithowmdkq any ro,ui+emm. isms m madMen 0 arry 00mrset a wow sleessmA whh "not U VA*6 Mid faN""" d khrwewM a" be Msind of Wray Mrtaiw, She MrowewaI AVO04 by the pom" raarlMd bowl" is s bom se a" the Wm. woiwiom ensl ewAtiem of fto Mawr. ■ 71 Martin Boost verw 213-937-2922__ _ 4_ TaftP ato muted w Pacific States Casualty ComQanY wlrwrYrw .�rr.�r~.rw+r+rlir.wwrwY�.Yrr. r Irinw.rwr.rr r .rrwrrrulwrr �e;,1 a^Mm WTI: AMherMwl dyhietwe whey be tau spa% If awnt hm pbeal Mrwnnee ItuvsN - an erwety s�rwwsart with the iweww. H Mhsynnre Is brokered. term rai marl be that of ea oMWW of Ow hwrrehw eowgeny. SEE IIEVIAN 11481 PCA HOLD HARML944 AGREEMENT The City of Hwwfbegtam Beech rmwim by ordinance that a Certificate of Insursw* be on file with us for the issuance of a Perttrit or Beeson: and *a it be kept outrent for sit +oM as that Parralt or license is in force. The semi! ww you now beast on file with the City will expire on the date shown on bottom of mailing label. Please have your Silent submit an updated Certificate of insurance, on this form prior to this expiration date. Failure to comply may n h in ft a nevilation of Vow permit or license and the closinr down of your operation or event. This Is the only notice of cancellation you will receitre from t1w City of Huntington Bach. THE CITY OF HUNTINGTON BEACH WAT BE AN ADOITIONAIL N"EO INKINED. All Certificates of Insurance slwuld be mailed to the Insurance and Benefits Office, City of Huntington Beach, P. 0. Box 190, Hunting- ton Bewah. California 82648. if you have any questions, please tail this office at 536.5900. DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AZIREEMENT The under*pwd Insured Contractor, a Sole Proprietor/General Partnership/California Limited Partnerskip/Californis Corporation/ Other (you must circle the approprlatte choice or fill In the blank) hatoby agrees to defend, indemnify and hold harmless the City of Huntington Beach, its officers, employers and servants (herain3fter u:ollectively referred to as City) frorn any and all loss, damage, cost, expense, liability, claims, demands or judgwrits arising directly or indirectly out of the work, project, ennt or other purpose for which the accompanying certificate of insururnce is provided, regardless of the active or passive netwe of any negliyenrs by City except when such liability arias from the $ole rl"firnce Of wrongful misconduct of the City. This agreement extends to cover the a ns and si ns third parties as well as those of the Insured Contractor lindemnitor) and the City (Indemnhrrn). The tagel n equired s t shall be provided upon request by the City and at the sole expense of the insured Contractor. Any defen ys' f s incurred by City in enforcing this Weement shall be reimbursed to City a may be arvartAed to City court o uri action. SIUMED: By: A Title: my: 0- -F-2C L A- Tithi: / S.� 2��L0. �.,f�4 ....� l C.- - If a Corporations. FFICER must sign: or • the alternative, prmnt satisfwWry evidence of your authority to bind your Corporetiom 'IO 8.W a CITY OF HUNTINGTON BEACH Insurance 6 Benefits Division P. 0. Box 180 •••�•••+~�■ H entington Beech. CA 92li4I1 .. , ..1. , J. hu:0-VIVO +r 861ACH 011T''If' OF MOM 71 N KMMH INTER -DEPARTMENT COMMUNICATION ROBERT I FRANZ To Deputy City Administrator SuLiect CC ZETENTION From ACCOUNTING & RECORDS Dato The conformed copy of the Notice of Completion for the above contract ho.% been filed. The thirty-five (35) day waiting period has elapsed. Payment of the 10% retention payment Is recommended so long as no stop notices or outstanding invoicaa are on file with the City. AN T. VILLELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. L S EVANS Acting Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond 6-va been filed. Date: 1z CONNIE BROCKWAY 49 City Clerk I certify that there are no outstanding invoices on file. 05743 Date: elAZ4�. ,�, +►^y ..✓ DONALD WATSM City Treasurer w 2ECLARATION OF SATISFACTION OF CLAIMS I, BgIQXak fi gQps. Inq state: (Name of Contractor) 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Heil Ave. Imarovements 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. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") NONE I declarer under penalty of perjury that the foregoing is true and correct. Executed at _ Ana he im on ;his 29th day of April 19 811 ' —(Signature of Contr4 for !, 0 . 0 City of Huntington Beach Dtpartment of Public Works P.Q. Box 190 Huntington Teach, 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 ec No T i tTe 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, :ind that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in Lhe contract of training program provisions_applicablg to the wage rate paid. Signature and Title._�'� ,�..`,/J 1z �j President b �5 Fo ev FE WHEN RECORDED MAIL TO: CliY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntineton ©each. Calif. 926AP 68-275325 A EXEMPT C6 CC-649 'QED IN OFFICUL AEC�OApg IR ORANGE COUHTy C�LIFtq�► .2Lo PM JUN 10188 NOTICE OF COMPLETION jam_ a Yw� wwry NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the 1 y f the City of Huntington Beach, California to BELCZAK b SONS, 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 That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on June 6, 1988 That upon paid contract the SAFECO INSURANCE COMPANY OF AMERICA was surety for the bond given by the said company as required by law. Bated at Huntington Beach, California, this 8th day of June , 1988. C1ty erk and ex-o c"T MewrV of the City Council of the City of Huntington Beach. California STATE OF CALIFORNIA ) County of Orange ss: City of Huntington Beach ) I. ALICtA M. WENTWORTH, the July elected and qualified City Clerk and ex-officio Clerk of the City Council of' they City of Huntington Beach, California do hereby certify under penalty of perjury. that the foregoing NOTICE Of COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Bated at Huntington Beach, California, this 8th day of June 1988 rhts document is solely for the erriolnl business of the Ci tY of Huutinotan Bench, ns contem- plated under Govert=ont Code Sec. G103 and should be recorded !►pee of charge. �itv C1c►r�' and ex -off icio7rTrrk of the City Council of the. City of Huntington Beach, California 0 WlIEN RLCORUED MAIL 10:M to CC-649 ' UTY Of HUNTmBEACH EXcMPT GTON BE Office of the City Clerk 88-275325 p. 0. Box 190 Fioahnvtun Or.0% Calif 926AP NOTICE OF COFiPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to BELCZAK b SONS, INC., P. 0. Box 3),06, 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 CON•f O-RIA ED "COPY Not compaird with 0rliIr.21 iiMMIXED IN OFMOK WOORD8 OF Oi;ANCE COUNTY CALWORNIA »2 00 PAR JUN 10'88 cpvwry PECOADEP That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of tluntingtoii Beach at a regular meting thereof held on June 6, 1988 That upon said contract the SAFECO INSURANCE COMPANY OE AMERiCA was surety for the bond given by the said company as required by law. Dated at tuntington Beach, California, this 8th clay of June { 1�J 8tl. ( l _ 7� Cs.t. �:; f r'.�,,��.rri.is� ",/-r?frf 4 C1tvZTerl -%nd a+-nffrcio�ler�. of the City Council of the Pity of Huntington neach. California STATE Or CALIroPNIA ) County of Orange City of Huntington Beach ) 1. ALICIA M, WfNTWORTH. the duly elected and -l�,alified City C 1s,rl and ex-officsn Clerk of the Lit, Council of the City of ►iunUngtin Beach, California fir isereby certify under penalty of perjury, that t► ,, foregoing NOT iCE Or Ci}f'.Ct ! T 1oN is true and correct, and that Said NOTICi 01' COPP TTION w,s duly and rrqularly order(d to be recorded in the, Office of the County kecor,ler of (range County by said City Ouncil. UAtrd at iluntir0oll Beach, Californl.l, this tr. 1,%v of iq This 40cument is solely !or t►t orrtalal buirnoee of the Cit'l or itunttn•ton Ponch, its tentes- p%sted tinder tlorsrxuont Cogs Ste. 6103 and sMuld be roenN44 lhtio of etsarne. 1. "1 •7 CITY— TIerV- end ex -o 0 1( i,s Z 1'rrti c: trio, City Council of the (ity of i+untirigton Broth, California 0 Submitted to: Submitted by: Prepared by: G REQUEFOR CITY COUNCIIPACTION Date Honorable Mayor and City tbuncil Paul E. Cook, City Administrator .� Les G. Evans, Acting Director Public Works Mav 10. 1988 A.Z'!'lt0VED BY CITY COUNCII. � - G 19 ......... ...VAJ Subject: HEIL AVENjJE FIRM CX MTOL IMPRWE:TENTS/HEIL AVME BEIWEEEI GOU)EN , S'T STFU T AM GDTHWo STREET; CC-6 49 Consistent with Council Policy? 6" 1 Yes [ ] New Policy or Exception .1_1 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachment:: STATEMM OF ISSUE: Belczak and Sons has completed the construction of Heil Avenue Flood Control LTprove- nrents . RUCOMMENDATION : 1. Accept the i,Tprovernent-.s .and authorize the City Clerk to fil? the Notice of CorgAetion. MIALYSIS: On February 16, 1988, the City Council awarded a contract to Belczak and Sons for the Heil Avenue Flcod Control Inprove ents. 'lie construction of these inprovemants is now caTplete, per the appmtind Plans and Specifications, and, therefore, the Acting Director of R bli.c Ibrks PecorTmends acceptance, of the project and requests the Notice of Completion to be filed by the City Clerk. lbe fol lowi.ncT is a summary of the contract raast5 : Contract IVTuunt Construction Contirxlencics I'mio--t "Incidentals" total Council 1 N)prvttd S 333,125.00 33, 313.00 1.5,000.00 $ 381,438.00 Actual ��e chtures $ 334,025.00* 16,180.00** 750.00*** $ 350,955.00 * Ar-ttkil field quantities for 0-h-1 ckictile iron water main weM' greater th►an estimated •* C)tvstrurTt.icm Charzcie Orcim-s incltxkid additional excavation of tuasuitrble material and c;rtavel base bhac*f.ill for tlio box culvert, corvirct.ing a 27" 141" storm drain to 1»x cnilvort, rYmmal of lnrtions of curb, gutter ,and si6lwalk to cstal)lish planned f1cu line tirade, .and ovvi-exc-,ivation to rurnvv oxistir�i 24" st.orr, drain. S2,0019.00 of these exvn(hturvs w,-w r,_.Jni)erse(l ln, tlio <xmnr rctl fur){1 %c-mtuit 9510390 (Cbntractural L4rrvims) . * *' I's t. rivi to can l 1 I1.111) I i�" � :;C7[JIbC'I I'rn jr_rt ;�c:cx�tnit $ 020490 5 350, 955.00 A!,71 U,V�1'IVI'. wrTON: til"o -I 11c: ik B-siczak & Sons, Inc. General Enginetiring Contractor P.O. Box 319C 4095 E. La Palms Ave. Unit H Orange, CA 921%6 Anaheim, CA 92007 (714) 9W5920 • 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. Very tr4ly y7urs / im S. Beiczak Pre -. ident TSB.1Pb encls. 1 CITY +OF HUINI1'ING Oi BEACH TJ y 2000 MAIN STREET CALIFORNIA 92848 OFFICE OF THE CITY CLERK February 23, 1988 Belczak A Sons, Inc. P. 0. Box 3196 Orange, CA 92665 RE: Con!.trur_tion of Heil Avenue Flood Control Improvements Project CC- 649 _ Enclosed is your hid bond, a copy 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 HE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETE BUT PRIOR TO THE RELEASE OF RE TE`11 ION FUNDS. In addition, the fnllowinq Item must, also be on file, with this office, before t.1-e City can release any retention funds: A u.,ri-arity hond yuar.ante.piny the final amount of ►.ork and materials for one year. If your performance bond does not include specific tiNordinrl for a one vear warranty, then a ,- der or separate bond must he f-uhm i t t ed . Shfillld }ou ha% r -InV (pit -it It,, , or concern i rvgardinq the erlr'losiurt-t or itf-ftl!i tiv,t -niv;t he fir f 1If` ill thi'; off 1rr ;)rior to reIeast. of rvtent tort turld.;. plenst` (-;)I I I)on %nh,f-. rant t':Irt A,hllnist rat or. t, 1. I' I t C 11,1 ,'f' : Vivi `oti I I-, Pi:h I I einrte-; Orttt . �Irlrt�;f(tr•,; fltfl Itll'�fl -�10 I act I f 1( I I If flf f• ,tip f Ohill 1.1111.11 "lot I';Iclf t I(tr, (If llwvrwoe 714W62271 i HoCITY OF HUNTINGTON BEACH JA N 2000 MAIN STREET CALIFORNIA 92648 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 Heil Avenue Flood Control Improvements, CC-649, in said City of Huntington Beach. The contract for this job was awarded to Belczak & Sons Inc. of Oranqe. we would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk A.HW 2 I-M Encicsurf' I Tawphano: 7 t 463"12l l I w i, CITY OF MlJW!NGi" ON BEACH �T 2000 MAIM STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 23, 1988 G. B. Cooke, Inc. 580 E. Foothill Blvd. Azusa, CA 91702 We are returning your Bid Bond which was submitted with your proposal For Heil Avenue Flood Control Improvements, CC-6.19, in said City of Huntington Beach. The contract for this job was awarded to Belczak & Sons Inc. of Orange. We would like to take this opportunity to thank you for your interest in submitting a ptaposal. Alicia M. Wentworth City Cler% ,%%,IW :1: m Enclosure t 10olkbons: 71 i 636-IS2271 '�. CITE" OF HUNT'INGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 19, 1988 Duffy Construction, Inc. P.O. Box 9088 El Monte, CA 91733 We are returning your Bid Bond which was submitted with your proposal for Heil Avenue Flood Control Improvements, rC-649, in said City of Huntington Beach. The contract for this job was awarded to Belczak and Sons Inc. of Oranae. We would like to take this opportunity to thank you for your .interest in submitting a proposal. Alici.. Wentworth City C1�. AMW : prn Enclosure +� r JTw; 71443"2271 M C CITY OF HUNTINGT BEACH 2000 MAIN STREET CALIFORNIA 92M OFFICE OF THE CITY CLERK February 19, 1988 Matt J. Zaich & Sons Inc. 18911 Nordhoff Street, Suite 38-A Northridge, CA 91324 we are returning your Bid Bond which was submitt,d with your proposal for Heil avenue Flood Control Improv -ents, CC-64 9, in said City of Huntington Beach. The contract for this job was awarded to Belczak and Sc; Inc. of Orange. We would like to taste this opportunity to thank you fur your interest in submitting a proposal.. Alicia M. Wentworth City Clerk AM: pm Enclosure 1T;, +M :714-53"ZZ7) s 1?0N CITY OF IJUNTIN 2648 yR•J� CALIFORNIA f 2000 MAIN STREET February 19, 1988 Pentaco, Inc. and A. M. Galbreath A Joint Venture 9415 Cortada Street E1 Montel CA 91733-1099 i 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. r The contract for this job was awarded to Belczak and Sons Inc. of Orange, We would like to take this opportunity "o thank you for your interest in submitting a proposal. � or ," �• „ref: ; �;�'� �•:.,' Alicia M. Wentworth city Clerk y 5 AMW: Mt 4� Enclosure .•!1 '-1 IT �r1 '•k+ Y• i� • •} a n, . . 1 1 5 Y_ "',t `°��,.. 1.� �� •� MSS+ r 1� •x+° ! •Ht f ��'�, �,• .� )}}�' ),�,•P� �+� w,�t en' d'. ,� ,� �'+ •x tlrP ° 5 4 .. ^' .M" V`1 ' iv Y.Y .�.,. , 5r� «�� r ♦•� �11! ,..�. il. '! ` r '� ;..�... ,f`j�; '��, r ,ra YJJff1�,,I.;+■Slfw�x1 `-�`7 •'�Ef Si(j-.Y ." �... ,1't.. ,4 ,14 I,. '� 1 c �A. 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