HomeMy WebLinkAboutD.W. POWELL CONSTRUCTION INC. - 1990-02-20P,-Corvmv
REQUESTED BY
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190
Huntina_ton Beach. Calif. 926dF
91=409388
EXEMPT
C6
NOTICE OF COMPLETION
RE"t4l)ED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
PM 0 AUG 1 1991
Q•` uwd, Recorder
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of
the -City of Huntington Beach, California to Powell Constructors, 8585 Banana
Avenue, Fontana, CA 92335
who was the company thereon for doing the following work to -wit:
Warner Avenue widening between Algonquin Street and Newland Avenue (FAU), CC-595
Owner: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Site: Warner Avenue between Algonquin Street and Newland AVenue
Nature of Interest: Easement
Work: Street Widening
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
completed and
that said work was accepted by the City Council of the City of Huntington Beach
at a regular meeting thereof held on July 29, 1991
That upon said contract the Fidelity and Deposit Company
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 30th day of July , 1991.
City Clerk and ex-officio lerk
of the City Council of t - City
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, C 0 N N I E BP(CK!,!/1.V, the duly annD4rtcd Mndi clua11fi.cd City r� ...I a r�
' ' J `^ Y Y y u u, ��. �. u u i �y �. , �, 1� to ii u 2 x' l% 11 � I C I V
Clerk of the City Council of the City of Huntington Beach, California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true
and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be
recorded in the Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this 30th day of July , 19 91
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code -
Sec. 6103 and should be recorded
Free of charge.
City Clerk and ex-offici Clerk
of the City Council of t .e City
of Huntington Beach, California
L•
L14 �' CITY OF HUNTINGTON BEACH
L0-- 1 J INTER -DEPARTMENT COMMUNICATION
HLITINCTON BEACH
To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES
Accounting & Records
Subject 10% RETENTION PAYMENT Date 2-
cc __C;qS
_
The conformed copy of the Notice of Completion for the above contract has been filed. The
thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the 10% retention payment is recommended so long as no stop notices or
outstanding invoices are on file with the City.
G cl_�
AN T. LLELLA
Director of Finance
I certify that no stop notices are on file on the subject co tract at this time.
5�xetAD
Date:
LOU1S F1 SANDOVAL
Public Wbrks Director
I certify that no stop notices are on file on the subject contract and. that a guaranty bond
has been filed.
0,
Date:
- 5)107J,
CONNIE BROCkWAN
City Clerk
I certify that there are no outstanding invoices on file.
Date:
05741
DONALD WATSON
City Treasurer
F�B
CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINLTQN !EACH
W Lee Eric To Wayne From nc R. Charlonne
Accounting Officer Civil Engineering Assistant
Subject WARNER AVENUE WIDENING; Date October 10, 1991
CC-595: RELEASE OF RETENTION
FUNDS
The following deductions should be made prior to release of Retention Funds withheld for
the above project:
Retention Funds Withheld $60,134.14
Labor Compliance - Wage Violation Deduction 954.09
Deduction For Error in Final Quantities 2.676.90
Amount To Release $56,500.15
ERC:gd
3077g/13
r-
T
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
• ,;;� a�; 1��,11I uW IIZSITWuV�N
. - -
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 applicab.*e tojthe wage rate paid.
Signature and Title
PRINCIPAL
..
DECLARATION OF SATISFACTION OF CLAIMS
I , P,OWELL ,CONSTRUCTORS ._ _ "C . , state:
Name of Contractor
I am the general contractor for the City of Huntington
Beach, as to the project more fully described in the
public works contract entitled WARNER AVENUE IMPROVEMENTS
and dated APRIL 16, 1990
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 o' the State
of California: (if none, state "NONE")
NONE
I declare under penalty of perjury that the foregoing is true
and correct.
Executed a.t MNTANA, CAI.TFORNTA on this 22 day of
AUGUST i 19 91 •
State of Caldomia SS
County of Los Angeles
+ On this 23rd day of August , in the yeo► 1991 before me a
Notary Public personalty appeared _ n `� Co -Its , personally
known to me (or 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
fidelity and Deposit Company of Maryland and acknowledge
to me that he (she) subscribed the nome of _ 1' idelity and Deposit Company of
Maryland thereto as surety, and his (her) own name as Attorney -in -Fact.
f OFFICIAL NOURY SEAL
t f JERI SUMNER
! * NOWY Pubit — Ciw nla
LOSANGELES CovNTY No Ub or said County
My COrmm. WON iUl 22 1994
A
Bond No. 30138009M
Fidelityd Deposit Company an
HOME OFFICE OF MARYLAND BALTIMORE, MD. mw
Maintenance Bond
KNOW ALL MEN BY THESE PRESENTS:
POWELL CONSTRUCTORS
That------------------------------------------------------------------------------------------
as Principal, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation organized under the laws
of the State of Maryland and authorized to do a surety business in the State of California, as Surety, are
held and firmly bound unto the__________________________________________________________________
CITY OF HUNTINGTON BEACH
----------------------------------------------------------------------------------------------
One Million Two Hundred Seventy -Nine Thousand Sixty -Eight & 511q�Jis
Fr;2��,ro�� :�r7
in the sum of----- ------------------------------------------------------ oars,
lawful money of the United States of America, for the payment of which sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
u
Sealed with our seals and dated this_______23rd ___________day of___August g ------------- 19--- 91
WHEREAS, on the__________________16th -------day of__ April ------------------- 19--91
POWELL CONSTRUCTORS
thesaid--------------------------------------------------------------------------------------
as contractor, entered into a contract for the_ ---- ------------- improvement ____________________________________,
work required in the construction of the --- Warner- Avenue Between -Algonquin -Street & Newland Street
---------
for the sum of $1,279,068 _51; and
WHEREAS, under the terms of the specifications for said work, the said _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
-_POWELL -- CONSTRUCTORS
---------------------------- is required to give a bond equal to ... One Hundred
-------------
per cent of the amount of the contract to protect the_ _ _.CITY -
CITY- -
OF HUNTINGTON BEACH
--------------------------------
against the result of faulty materials or workmanship for a period of__One Year
----------------------
from and after the date of the completion and acceptance of same, namely, until_ July 29------ 19_ 92 -
NOW, THEREFORE, if the said ------ CITY ------ OF ---HUNTINGTON ------------- BEACH --------------------------------
shall for a period of ..... One -Year ---------------------from and after the date of the completion and
acceptance of same by said ... POWELL-CONSTRUCTORS
-----------------------------------------------------------
replace any and all defects arising in said work whether resulting from defective materials or defective
workmanship, then the above obligation to be void; otherwise to remain in full force and effect.
POWELL TRU _ yQRS - _ _ _ - -, .fSEAL)
-------- ---- --- -
----- -- � -- ---- ----------------(SEAL)
FIDELITY AND DEPOSIT COMP A• OF MARYLAND
By--- -- �§.=%---------------
Linda D . Coats Attorney -in -Fact
APPROVED AS TO FORM;
GAIL HUTTON, City Attorney, Attest: -----------------------------------------
By:. Deputy City AttorneyAgent
!��r
C4048(CA)-500, 10.98 206506
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE. aALTIMORE. MO
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the
State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, oftheBy-Laws of said Company, which are set
forth on the reverse side hereof and are hereby certified to be in full force and g1.c t on the date hereof, does hereby nominate,
constitute and appoint L i nd a D. C o a t s o f Ro s erne a a l i f o r ...........
_� o
Ita true and lawful agent and Attorney -in -Fact, to make,
any and all bonds and undertakings.
ALn�e execution of such bonds or undertak:
and amply, to all intents and purposes, as if
the Company at its office in Baltimore, Md.
The said Assistant Secretary does hereh that
Section 2, of the By -Laws of said Co y, and is
IN WITNESS WHEREOF, the sai resident
Corporate Seal of the said FIDEL D DEPT
July , A.D. 19
FIDELITY SLE1
ATTEST:
CO
Secretary
STATE OF MARYLAND
CITY OF BALTIMORE SS:
and on its behalf as surety, and as its act and deed:
uance of resents, shall be as binding upon said Company, as fully
been dul uted and acknowledged by the regularly elected officers of
own p e(�iar persons.
extract set forth on the reverse side hereof is a true copy of Article VI,
force.
a, istant Secretary have hereunto subscribed their names and affixed the
�OMPANY OF MARYLAND, this 24 th day of
COMPANY OF MARYLAND
,.--........ By .........................
Vice- aident
On this 24th day of July , A.D. 19 87, before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by
me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and
year fist above written.
•.
�'wo,ur��s�
Notary Public Conitnim-,iolwXpire, July 1, 1990
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that
the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this
certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -
Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of
the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made
heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid
and binding upon the Company with the same force and effect as though manually affixed." 23rd
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
day of August , 19-39-1
012-7806
Assistant Secretary
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint.Resident Vice -Presidents,
Assistant Vice -Presidents and.Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the
seal of the Company thereto."
L1428b
WHEN RECORDEQ MAIL TO:
r GITY OF HUNTINGTON BEACH
Office of the City Clerk
P. 0. Box 190 EXEMPT
Huntineton Beach. Calif. 926AR
NOTICE OF COMPLETION C'6
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of
the City of Huntington Beach, California to Powell Constructors, 8585 Banana
Avenue, Fontana, CA 92335
who was the company thereon for doing the following work to -wit:
Warner Avenue widening between Algonquin Street and Newland Avenue (FAU), CC-595
Owner: City of Huntington Beach.
2000 Main Street
Huntington Beach, CA 92648
Site: Warner Avenue between Algonquin Street and Newland Avenue
Nature of Interest: Easement
Work: Street Widening
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/acc�pteddby the City Council of the City of Huntington Beach
at a regular meeting thereof held on July 29, 1991
That upon said contract the Fidelity and Deposit Company
was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 30th
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
day of July 1991 .
INFORMED COPY
comparsa with offliffif
91�-409386
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
P:n 0 AUG 1 1991
o 12.cyS*4,_t Recorder
S— C�i.ai4.l.�a�� • -' Z�
City Clerk and ex-officio erk
of the City Council of 44 City
of Huntington Beach, California
I,CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio
Clerk of the City Council of the City of Huntington Beach, California do hereby
certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true
and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be
recorded in the Office of the County Recorder of Orange County by said City Council.
Dated at Huntington Beach, California, this 30th day of July , 1991
This document is solely for the
official business of the City
of Huntington Beach, as contem-
plated under Government Code
Sec. 6103 and should be recorded
Arse of charge.
City Clerk and ex-offici Clerk
of the City Council of tTie City
of Huntington Beach, California
REQUEST FOR CITY COUNCIL ACTION
;i
Date July 29, 199'
Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL
Submitted by: Michael T. Uberuaga, City Administrator \ 19
n��.
"Liz A
Prepared by: I' Louis F. Sandoval, Director of Public Works
ITY [ .'10C
Subject: WARNER AVENUE WIDENING BETWEEN ALGONQUIN STREET AND
NEWLAND AVENUE (FAU); CC-595
Consistent with Council Policy? [x] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
D.W. Powell Construction has completed the construction of Warner Avenue Widening
project.
REC AT[ N:
Accept the improvements and authorize the City Clerk to file the Notice of Completion.
ANALYSIS:
On February 20, 1991, the City Council awarded a construction contract to D.W. Powell
Construction for the Warner Avenue Widening between Algonquin Street and Newland
Street. The Construction of these improvement are now complete. Therefore, the
Director of Public Works recommends the acceptance of the project and requests a Notice
of Completion be filed by the City Clerk.
Funds for this project are a combination of Federal Aid Urban Program Funds (72%) and
City Gas Tax Funds (28%).
The following is a summary of the contract costs:
Contract Amount
Construction Contingencies (Change
Orders & Additional Quantities)
Project Incidentals
TOTAL:
LK071TIM W061• . •
$1,125,150.00
166,515.00*
20,000.00
$1,311,665.00
MITIMA . I.
$1,125,150.00
153,919.70
6,476.00 **
$1,285,545.70
* This amount includes the additional project funds approved by Council action on June
3, 1991.
** Incidentals includes compaction tests, PCC compression tests and materials testing
performance by the County of Orange.
PI O 5/85
RCA - Warner Avenue
July 29, 1991
Page 2
Change Order Items
Costs
I .
Bore Electrical conduit
$20,195.00
2.
Relocate water services
9,000.00
3.
Traffic modifications (Beach and Warner)
26,293.62
4.
Relocate gas station sign
7,956.25
5.
Relocate signal pull box
963.18
6.
18" RCP repair
834.I4
7.
Overexcavation
4,070.00
8.
Encroachment permit (Caltrans)
2,508.84
9.
Additional at railroad crossing
7,775.15
10.
By curb @ Sea Aire Mobile Home Park
781.00
11.
Relocate fire hydrant
2,143.12
12.
Additional handrailing
2,997.00
14.
Fill in tree wells
326.84
15.
Relocate PPB & Pole
9I3.76
16.
Remove concrete median
1,115.72
17.
Remove wheel chair ramp
2,664.46
18.
Construct 10" planter
1,920.19
19.
Modify controller
855.81
20.
Add 8 detector loops
2,044.25
TOTAL
$95,358.33
Additional quantities, totaling $58,561.37, included removal of traffic stripes and
pavement markers, additional excavation and grading, asphalt concrete and driveway
modifications.
The Contractor has submitted a claim in the amount of $16,000 for compensation due to
delays incurred on the project. The claim will be subject to further negotiation,
arbitration or litigation. Staff, at this time is not prepared to agree to their claim, and it
may be disputed by the Contractor.
FUNDING „SOURCE:
Project Account E-SF-PC-595-6-32-00 the Federal (FAU) share of these costs is
approximately 72%.
ALTERNATIVE ACTION:
Deny request and direct staff on how to proceed.
ATTACHMENTS:
None
MTU:LFS:ERC:dw
3000g/3
.w
t REQUEST FOR CITY COUNCIL ACTION
n� w
Submitted to:
Honorable Mayor and City Council
Submitted by:
Prepared by:
Subject:
Date
June 3, 1991
----------
Michael T. Uberuaga, City Administrator ~---- t9.�L
'�-'&WLouis F. Sandoval, Director of Public Works CITY �x
WARNER AVENUE WIDENING BETWEEN ALGONQUIN STREET AND
NEWLAND STREET (FAU); CC-595
Consistent with Council Policy? [X Yes ( ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Additional project funds are requested to complete the Warner Avenue Improvement
Project.
RECOMMENDATION:
Authorize the encumbrance of an additional $54,000 from the project fund balance and
increase the total project construction budget to $1,291,665.
ANALYSIS:
On February 20, 1990, Council awarded a construction contract to D.W. Powell
Construction, Inc. for the Warner Avenue Widening between Algonquin Street and Newland
Street. The original award included $1,237,665 in project funds for the contract bid
amount and anticipated construction change orders and incidentals.
Funds for this project are a combination of Federal Aid Urban Program Funds (72%) and
City Gas Tax Funds (28%).
During the prosecution of this project, staff found it necessary to exhaust allocated
construction contingency funds due to final contract bid quantities being greater than that
estimated, therefore increasing the original contract amount by a total of 14% (10%
change orders; 4% contract bid items).
Staff's preliminary audit indicates that additional funds are necessary in order to complete
this project and allow staff to process additional Change Orders and the payment of
contract bid items in excess of the original estimate.
Change Orders Issued to Date:
1. Bore electrical conduit $13,848.00
2. Relocate water services 9,000.00
3. Traffic & Electrical Modification 27,273.26
4. - Relocate gas station sign 7,502.50
5. Relocate signal pull box 1,032.74
6. 18" R.C.P. repair 830.36
Subtotal $59,486.86
V
Plo 5/ 5
N
Request for Council Action
Warner Avenue Widening
June 3, 1991
Page 3
ALTERNATV ACTION:
Deny request and litigate all claims made by the contractor. This option would only delay
payment as the extra work is not disputed by the City.
ATTACHMENTS:
None
MTU:LFS:ERC:dw
2954g/4-6
Request for Council Action
Warner Avenue Widening
June 3, 1991
Page 2
Change Orders Anticipated:
1. Bore electrical conduit
2. Encroachment permit
3. Additional work at railroad crossing
4. Construct curb at Sea Aire Mobil Home Park
5. Fire hydrant modification
6. Construct handrail
7. Locate conduit
8. Sidewalk work at Sea Aire Mobile Home Park
9. Additional electric work throughout project
10. Reconstruct median nose
11. Reconstruct sidewalk and wheelchair ramp
12. Construct 10" high block wall
13. Increased quantities due to overexcavating areas
Subtotal
Total:
9,200.00
2,500.00
9,100.00
800.00
2,150.00
3,000.00
560.00
230.00
4,600.00
1,100.00
2,600.00
2,000.00
19,160.00
$57,000.00
$116,486.86
Caltrans has approved Federal participation in project overages.
The contractor has made a claim in the amount of $16,000 for compensation due to delays
incurred on the project. The claim has been denied by the Public Works staff and it is not
known if the contractor will pursue this claim by other means.
Staff is in the process of closing out this project with the contractor and Caltrans and will
submit a request for Council Action on the filing of the Notice of Completion along with a
final project accounting in the future.
Project status to date:
Original Contract Amount
$1,125,150.00
Bid Items in Excess of Original Estimate
34,028.14
Change Orders Issued to Date
59,486.86
Change Orders Anticipated
57,000.00
Amount of Disputed Work
16,000.00
TOTAL PROJECT COSTS (Estimated)
$1,291,665.00
Previously Council Approved Amount
1,237,665.00
(Original Contract Amount and Construction
Contingencies)
Balance $54,000.00
FUNDING SOURCE:
Sufficient unencumbered revenues are available in project account E-SF-PC-595-6-32-00.
The Federal (FAU) share of this overage is approximately 72%.
I have received the Faithful Performance Bond and the Labor and Materials
bond for Powell Constructors 1 Warner Avenue _widening between_ Al,gonquin_._._
Street and Newland STreet - CC-595
on behalf of the Treasurer's Office.
Da tPd
B y
n C;TOCr C:C) PR .Nr — rSTAGi ii5 -'GU i6HO
�•e i JR(dilAviiv
D
e p (o r) (0M
I-Cl/ �Pu M(X/
...Ome oFr1r=r OF MARYLAND 8 A L T 1 r 0 E
F-xca,;ted in triplicate
Bond No. 30138009
Faithful Performance Rond
Public Rork
(The premium charged on this bond is $__ 6 _076_ 00 , being at
the rate of t7.50/5.50/5 _UO _ per thousand of the contract price)
KNOW ALI. MEN BY THESE PRESENTS:
THAT. Wxt_RLlws, the_ _ C' tv of ft+ - tj gton Beach
-----------------------------------------
-----------------------------------•----------------------------------------------------------
State of California, entered into a contract dated ................................. ..... 19....... wfrh
R. ,ol 1 Const:-u, _ors
-- - ---- -------•-•----------•--•-----------------•--------- -----------------------------
........................................................hereinafter designated as the "Principal,.
for the work described as follows-_- Lt�roveric t of Warnex Avenue 'oetvx t n :dgo:x tin Street.
JQ.• -:I-Mlaad_Strut._M;Itiwtsm 3each.-CA ------------------------------------------
---------------------•----------•...._.._........-.----............•... .. and
WHEREAS, the said Principal is required under the terms of said contract to furnish a lxsnd for the faithful
performance of said contract -
Now, "f EEEREiFORE, We. the Principal, ArMl FIDELITY A1L DFPOSIT COMPANY OF MARYL.AND. a corpora-
tion organized and existing under the laws of the State of Maryland. and duly authorized to transact business
under the laws of the State of California, as Sleety, are held and firmly bound unto_ Ci or
i.Ent.incton Ek-ac:h
----------------
O�I� �Lll on -ice" -f�itiitir�� _'1 nf.v �'ii'i?
in the penal sum of _TrU115ard _ODe- Hw)drf� XIJ� tv _aR,1- QQi ID— _ _ _ _ _ _ _ Dollars (5 1, U5,'_ b , 00- ).
lawful money of the United States, for the payment of which sum well and truly to be made, we bind Our-
selves, our heirs, executors, administrators, and successors. jointly and severady, firmly by these presents.
-1 HE CONDITION OF THIS ODLIGATION Is sucu, •That, if the above bounden Prrn6pal, his or its heirs.
executors, administrators, successors or assigns, shall in all things stand to and abide by. and well and truly
keep and perform the covenants, conditions and agreement+ m the said rontract and any alteration thereof
made as therein provided, on his or their part, to be kept and perfo: coed at the time and in the manner therein
specified, and in all respects according to the..:r true is tr.nt and meamnr, and shall indemnify and save harmless
III
f __City ofturtti ton a. ----------------------------------------------
the - - n - -
r. its officers and agents, as therein stipulated. then this ob'lgatioro shall become null and void -. otherwise 1t slia!I
! he and remain m full force and virtue
i
And the said Surety, for value received. hereoy snip ulares and agrees that no change, extens;ou of tine,
i alteration or addrtrnn to the turns of the contract or to the work to be performed thereunder or the sIKK'ifica-
Lions accompanying the same shall in any wise affect its obligations on this bond. and it does hereby uarve
notice of any such change. extension of time. alteration or addition to the terms of the contract or to the work
i or to the specifications.
IN WITNrss WHEREOF. We have hereunto set our hands and seals this_ _ _ _�Q_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
day of ------ 7zsc7---------------- 19g0---
P well Constructors
}
Principal
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
i�
By-'=-----------
Linda D. Coats, Antoine_ rl•Fact
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFbCE, aALTMORE. MD
KNOW ALL MEN BY TIIESE PRESENTS: That the FIDELITY AND DEPOSIT CO%IPANY OF MARYLAND, a corporation of the
State of Maryland, by C. M. PF.COT, JR., Vice -President, and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article V�I,,. Section 2, f the By -Laws of said Company, which are set
forth on the reverse side hereof and are hereby certified to be iFi pforce an t on the date hereof, does hereby nominate,
constitute and appoint Linda D. Coats of Rose,ne� al ifo ...................
Z
its true and lawful agent and Attorney -in -Fact, to make,
any and all bonds and undertakings.
and on its behalf as surety, and as its act and deed:
And t e execution of such bonds or undertakings t °�►llw"`suance of vpresenta, shall be as binding upon said Company, as fully
and amply, to all intents and purposes, as if ad been d xecuted and acknowledged by the regularly elected officers of
the Company at its office in Baltimore, M eir own persona.
'I'he said Assistant Secretary does*hecertilyru
this tract set forth on the reverse aide hereof is a te copy of Article VI,
Section 2, of the By -Laws of said and is force.
IN WITNESS WHEREOF, the saireside pn Assistant Secretary have hereunto subscribed their names and affixed the
Corporate Seat of the said FIDELITY AND DE COMPANY OF MARYLAND, this 24 tlt day of
____July A.D. IQ_i]
b FIDF.IAT \ DEPOSIT COMPANY OF MAR YLAIND
ATTTr:.S'1'x SF�AI �tl N i /1
�r._.......Iy\- ��(__)) {}. el._' 1i............. Bv_......__• ....`s...............�1............�".`..... �� ................j..............
.
Assistant ecrrtarr vice-Presi err(
.')TATT, 11f NIAR11.1011
(_Irt OF 1341.TIM010
On this 2401 (1a) of Jul y , A.U. 19 87, before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore. duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the FIDELITY ANi) DF.msl'I' COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, anti they each acknowledged the execution of the same, and being by
me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officeaffixed
rs were duly axed and subsscribetf to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WITEREOF, 1 havo hereunto set m) hand and affixed my Official Seat, at the City of Baltimore, the day and
year first above Nrittrn.
•.tiny �-� Notary Public Com tss' Expires July 1 , 1990O.r
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY" OF MARYLAND, do hereby certify that
the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this
certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -
Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of
the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certifiente may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDFIA Y AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made
heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid
and binding upon the Company with the same force and effect as though manually affixed." 29
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
day of March _. I990 -
012-7806
i
Assistant Secretary
EXTRACT FROM BY-LAWS OF FIDELITYAND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section'. 71te Chairman of the Board. or the President, or any Executive Vice -President, or any of the Senior Vive-
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power. by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vire-Presidents,
Assistant Vice -Presidents and Attorne%s-in-Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
:red releases and assignments of jodgrownts, derrees. mortgages and instruments in the nature of mortgages, and to affix the
seal of the Company thereto."
L1{.H6
A STOCK COWPONY — C3TANLI3"1ED 1800
-I - III
! c 1 Lm/ I (e fD8! I �TrGrI/
xj�
HOME OFFICE OF M A R Y L A N D O A L T 1 M O R E
Executed in trlol l cc to
Bond No. 30138069
Labor and Material Bond to Accompnnv Contract
Public Rork
(Premium included in faithful performance I)lnd)
Kti01i ALL AIF1 BYTHESE PRKSENFS.
THAT. WH£RFAS...C-tt;'.o` Iluntipg=In.j yicr
........ ........ .. ... ... .... .......... ... ... ..........
........ ............................ . .......................................... ... ....... ....... ....... .. ......... ...
Pote11 Constructors
hasawarded to ........................................ ...................... .......... .................... ... ...... ... ......... ... .
hereinafter designated as the "Contractor." a contract for the work descrilyed :rs follows-. 1rTWPY97C'.nt Of
wa_^Yr Avenue between AJ o: i^ Street and N&wdand Street, HuntinT-,on Beach,CA
....---.......................................� rsli............. ...........
. .. ............... ................................................ ....... ..... .................................... ..... ...... ....: and
WHfat:AS, said Contractor is required by the provisions of Chapter 3 Division a. -f itle t Sccuons 4200-42W
i Govk-mment C oile to furnish a bond in connection with sid contract, as hereinafter set forth
Now. Tvi:RI--FORE, \VF....PQWe11..00MtructQrs ..... .... ............................
.............. . ....... ....... ... ................ ............ ..
the undersigned G: iuracwr, as Principal. and f•-IDIiLITY AND 1.)LP05I1 COMPANY OF MARYLAND, a cOrpOnation
rrgan:zed and existing under the laws of the State•. of Man lard, and duly- au'horiZed to trans:wt business undo:
the laws of the State. of California. a; Surc.%-, :re held and 'rmly bound unto .Cit : Of Yurit�TY3t[) ] l aC`1
... - .... ........ ........ ..... ........................... ............................... .............. .. �......... .. ............... .
in :1e sum of.�..`` -11ion One Hundred T.aenty Five 'Itxx:sw-4 ChE � 13quars ''e .,4°�.1&
, lt, 1
said aura bc,ne n:,t `.ts5 ;hart one-half of 'he est:alatcta a-uur, pav,61c `1t• the
....... .-..-....... ........ City...oLAtntirlqtL-n Dcact> ... ...........
it n,Srr 11+r ;,.r,nt ;hc Ll Irr.lrl, fun whl '.h I,.l y-nrr:nt ,a01 .1:'cl [:ill-: .n i1r m.ulr.:vc !)in(] nu: ,rl. :. oar heirs. r..cec1:-
tnr+-rrrl ;,!rr:::l:,l r.c; rr.. ,•rc<-c:.•,-r, .r:1,' .r..r��rr.. t, •r-1alr .t:,r! ;. _rellr, f::nl.- Ire e11;-x. I:rcx:::;•
Or sub.tnn:r.l: to:s. I.,,I to Iily Icr art. rr-..:;cr--il,- ,xn. L.te.�, yro, cr,h_r or othrr :•r : rat �mr,!Crnrets ,,1 :..a;!-u1, ry :-.-«
up,.::, :or or -11;uut IHC ;k:-u,rna:.a- of the ,aurk eo,, rsete_` to be .rnr. or for ary work er lai�r Ot,rian of any k,n _, or for
un•:er t`r a,-e.r.pl:,. c:en; I nsun::,'c Act u:;rl rem jet t -.o such murk or'ibcr zs rer] :i,p!'•t- c. ,:caul>iu::a of Chapter ,i of I):t'n:o- S. T!:!t
of [..r 1::., c::-.el,n; t. •:c, a:::! Prv,:•!r,! lh:,t the. I,ornint,...,ll ha.r ca .I,_- 1 nllh rnr pn .-shin.,,. •.I.J C.oac.'hc Or I , Cties 11,-:ro^
,r 11 µ,p iur t:'1r sac a:nu�nt not e1rrC!In�, 'hc s n sprc:'-ci..n thi, t,oa,:, ulhcr,. nc "ne tholt abl:�,atzo shall be chid 11 case : ,
:s irroup:l; u; on ;h.s t-nd- the Bald Surety u_il pay:I rctwnable : t:vrrcy'a rrr to c .r.aca'. by the court- r is !1 nd shall inure to the ben,ent
or. any arm ,I.] ;arw+s. rr, npar.,ts and rcrywn[i0ns cmirled to :.1c clanna unc'er Sc-_;ior, 1192.1 of the Curie or c,a,i i rucedurc, so as to 1;:11'
a :,Vht of attic tv them or :heir assign -a:^ any suit :,ronght u-, on 'his bnnd- An.: the stid Su-e:, for value receive?, hereby sti;lu!atn a-d
art:ces ;ha; r-a change, c=tc" ;Ori Of tz: c. altera!inn Or--i;;&tion ;o the :cr:-% of the c011;1'acr cr to the wOrk to !M ptrfuriner t`crcun_'cr or
;he sivaficltlons acrori;anp,ng the sar:e shall to ary -i,e a.[,rrrt its ubl;ga[,ons on this bond, and :t dues hereby ,.arse notice of any s_ch
cha-g�. extc-:re:1 of ;JrC. Al'Cratxa or adduion to t'-c terra+ of ;.`e contract o: 10 t`.-�urk rr to tr,- s, ec,nca;iona
IN WITNrSS WHEREOF, we have e
ve hereunto SCE our liands and sals tat>.----.....29............... ..... ..
0
dac of.....................I4zrcn . .............19....
Lniu' tors
............. .......
r
I
FIDELITY AND DEPOSIT- COMPANY OF MARYLAIND
r I
n ..... f .. . `t'` rCi i I�ricil! D.
f
1�
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE_ BALTIMORE_ MD
KNOW ALL MEN BY THESE PRESENTS- That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the
State of Maryland, by C. M. PECOT, JR.. Vice -President, and C. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, f the By -Laws of said Company, which are set
forth on the reverse aide hereof and are hereby certified to be � � force an �t on the date hereof, does hereby nominate,
constitute and appoint Linda D- Coats of Rosetn ealifo
WW
agent and Attorney -in -Fact, to make,
any and all bonds and undertakings
, and on its behalf as surety, and as its act and deed:
And the execution of such brands or undertakings ti %uanc:e of�t� presentr, shall be as binding upon said Company, as fully
and amply, to all intents and purposes, as if ad been dxecuted and acknowledged by the regularly elected officers of
the [ ompany at its office in Baltimore, I sir own�t plen+ons.
The said Assistant Secretar, do _s he certify thaA�lf
tract set forth on the reverse aide hereof is a true oopy of Article VI,
Section 2, of the By -Laws of said C and isorce.
IN WITNESS a'IIERF:OF'. the sal Preside nci'.Assistant Secretary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND DE CONIPANY OF MARYL.AND. this 24 th day of
July A.D 19-]
ro FIDELITY.- DEPOSIT COMPANYOF MARYLANI)
ATTNST: �}
�tiF_AI
.a Aailfanf ?rcrrtar), ti"ice•f�rsident
5lAVf.Of MAR1t.A,o
CITY OF BA1.IIMORF.
On this 24 t h day of .Du l y . A.D. 19 87, before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the FIDELI•IY AND DE K)SIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by
me duly sworn, severally and each for him.elf dep oð and saith, that they are the said officers of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the acid Corporation.
IN TESTIMONY WHEREOF, I have hereunto set n,) hand and affixed my Official Seal, at the City of Baltimore, the day and
year first above written.
Notary Public Com Iss Expires Jtaly 1 , 1990
uF�lei
'�of, L•
CERTIFICATE
1, the undersigned, Assistant Secretary of the F1DELF11' AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that
the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this
certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -
Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of
the By -Laws of the FIDELITY AND DEPOSIT COMPANt OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLANI) at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED. "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made
heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid
and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 29
day of _ 19_qQ_
012-7806
77 / l�
Aaaisunt Secretary
EXTRACT F'IZCyyt file-I.AWS OF FIDELITY AND DEPOSITCOMPANY OF MARYLAND
"Artirle VI, Section 2. Tier Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary- or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents,
Assistant V-lee -Presidents and Attorney;, -in -Fart as the business of the Company may require. or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, rec-ngnirances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgement, decrees, mortgages and instruments in the nature of mortgages, and to affix the
seal of the Company thereto."
:" ,.
t-e QW,
j,"j& CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 16, 1990
Powell Constructors
8585 Banana Ave.
Fontana, CA 92335
)RE: r Oi ,tructir,n of Warner Avenue widening between Algonquin Street
and Newland Street PROJLCr CC-595
Lnclowc: is a copy of the executed contract with the City of Hun;.inyton
Beach, a Declaration of Satisfaction of Claims and a Certificate of
CowpliancP TOM. ine Declaration of Satisfaction of Claims and the
Certi`. irate ur r:.unpl iance form MIST BE RETURNED TO THIS OFFICE AFTER THE
PROJEC' :S M RIPL: ifD HUT PRIOR TO THE RELEASE. br RETE:TGr+AW � � ---
Ire addition, chn lollowing item mugt also be an film, ryith this office
before the City can release any retention funds:
A warranty bond guaranteeing the final ansunt of work, and
materials for one year. If your perfonnance band does not
include specific wording for a one year warranty, then a
r iC:ei or separate Dond must be submitted.
Should you rave :any questions or concerns regarding the enclosures or
items that crust be on file in this office prior to release of retention
funds, Pleasr3 call Don Noble, Contracts Administrator, 53b-5441.
Connie Brockway
City Clerk
C2 : bt
Cnn : Cash Contrac t-
DeLlaration of Satisfaction of Claims
Certificate of Compliance
JTWephone= 710536.52271
D.W. POWELL CONSTRUCTION INC.
GENERAL. ENGINEERING CONTRACTOR
P.O. BOX 1406 • FONTANA, CALIFORNIA 92334-1406 • PHONE (714) 356-8880
April 2, 1990
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Atten: Don Noble
RE: Warner Avenue, Job #150
Gentlemen:
Enclosed please find executed Contract for above referenced
project. Also enclosed are required Bonds and Insurance Certificates.
If you have any questions or need further information please
feel free to call.
Very truly yo ,
Do W. Powell
DWP/sk
Enclosures
FEDERALLY FUNDED PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
D.W. POWELL CONSTRUCTORS
TO IMPROVE WARNER AVENUE BETWEEN-
ALGONQUIN STREET AND NEWLAND STREET
TABLE OF CONTENTS
I TITLE PA E(S)
1.
TATEMENT QF WORK: ACCEPTANCE
F RI K
1&
2
2.
ACCEPTANCE OF CONDITIONS OF
WORK; PLANS
AND
2 &
3
�PECIFICATIONS
3.
COMPENS&TION
3
4.
COMMENCEMENT OF PROJECT
4
5..
TIME OF THE ESSENCE
4
6.
CHANGES
4 &
5
7.
NOTICE TO PROCEED
5
8.
BONDS
5
9.
CALIFORNIA FAIR EMPLOYMENT
AND_HOUS_ING
ACT_
6
10.
CALIFORNIA PREVAILING WAGE
LAW
6
11.
CALIFORNIA PREVAILING WAGE
LAW - PENALTY
6
12.
CALIFORNIA EIGHT -HOUR LAW
6 &
7
13.
CALIFORNIA EIGHT -HOUR LAW
- PENALTY
7
14.
PAYMENT OF TEMEL AND SUBSISTENCE
ALL
WANCE
7
15.
EMPLOYMENT OF APPRENTICES
7
16.
PAYROLL -RECORDS
7 &
8
17.
INDE_PENDENT CONTRACTOR
8
18.
LIQUIDATED DAMAGES/DELAYS
8 -
10
19.
DIFFERING SITE CONDITIONS
10
20.
VARIATION5 IN ESTIMATED
ANTITIES
11
21.
PROGRESS PAYMENTS
11
& 12
22.
WITHHELD CONTRACT FUNDS, SUPSTITUTION
OF SECURITIES
12
23.
AFFIDAVII,SS OF SATISFACTION
OF CLAIMS
12
& 13
24.
WAGE RATE
13
25.
STATE CONTRACT ACT
13
26.
W_AIVER OF CLAIMS
13
27.
INDEMNIFICATION, DEFENSE,
HOLD HARMLESS_
14
28.
WORKERS' COMPENSATION INSURANCE
14
& 15
29.
INSURANCE
15
30.
CERTIFICATES OF INSURANCE;
ADDITIONAL
INSURED
15
& 16
31.
DEFAULT AND TERMINATION
16 & 17
32.
DISPOSIT_ION OF PLANS, ESTIMATES
AND OTHER DOCUMENTS
17
33.
N N-ASSI NAB LITY
17
34.
CITY EMPLOYEES AND OFFICIAL$
17
35.
NOTICES
17
36.
CAPTIONS
18
37.
FEDER& PARTICIPATION
18
38.
DAVIS-BACON ACT
18
39.
DISCRIMINATION, MINORITIES,
ALIENS
18
40.
EQUAL EMPLOYMENT OPPORTUNITY
19
41.
COPELAND "ANTI -KICKBACK"
ACT
19 & 20
42.
CONTRACT WORK HOURS AND
SAFETY STANDARDS ACT
20
43.
IMPLEMENTATIQN OF CLEAN
AIR ACT AND FEDERAL WATER
20 & 21
POLLUTION CONTROL ACT
44.
ENERGY CONSERVATION
21
45.
ENTIRETY
21
FEDERALLY FUNDED PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
D.W. POWELL CONSTRUCTORS
TO IMPROVE WARNER AVENUE BETWEEN
ALGONQUIN STREET AND NEWLAND STREET
THIS AGREEMENT is made and entered into on this 16th day
of April 1990, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to as "CITY," and D.W. POWELL CONSTRUCTORS, a Sole
proprietor, 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
improvement of Warner Avenue between Algonquin Street and Newland
Street, 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. TATEMEN OF WORK: A EP N 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 been countered in the
prosecution of work, and for all other risks of any description
connected with the work, including, but not limited to, all expenses
incurred by or in consequence of the suspension or discontinuance of
-1-
work, except such as are herein expressly stipulated to be borne by
CITY, and for well and faithfully completing the work within the
stipulated time and in the manner shown and described in this
Agreement, and in accordance with the requirements of CITY under
them for the compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the
terms, conditions and obligations of this Agreement and the Contract
Documents (as hereinafter defined), the location of the job site,
and the conditions under which the work is to be performed, and that
it enters into this Agreement based upon its investigation of all
such matters and is relying in no way upon any opinions or
representations of CITY.
It is agreed that the Contract Documents are incorporated into
this Agreement by this reference, with the same force and effect as
if the same were set forth at length herein, and that CONTRACTOR and
its subcontractors, if any, shall be bound by said Contract
Documents insofar as they relate in part or in any way, directly or
indirectly, to the work covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The 1988 edition of atandard Specifications for Public
Works Construction, published by Building News, Inc., 3055 Overland
Avenue, Los Angeles, California 90034, and all amendments thereto,
written and promulgated by the Southern California Chapter of the
American Public Works Association and the Southern California
District Associated General Contractors of the California Joint
Cooperative Committee;
-2-
D. Bid documents including the Specifications and Special
Provisions to Bidders and the Contractor's Proposal (attached hereto
as Exhibit "A");
E. 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 indicted and mentioned in both. In
case of discrepancy between any plans, specifications, special
provisions, or addenda, the matter shall be immediately submitted by
CONTRACTOR to the Department of Public Works of CITY (hereinafter
referred to as "DPW"); without whose decision said discrepancy shall
not be adjusted by CONTRACTOR, save only at its own risk and expense.
Should there be any conflict between the terms of this Agreement
and the bid or proposal of CONTRACTOR, then this Agreement shall
control and nothing herein shall be. considered as an acceptance of
the terms of said bid or proposal which is in conflict herewith.
F. Should there be any conflict between Bid documents
including the Specifications and Special Provisions to bidders and
the 1988 Edition of Standard Specification for Public Works
Contracts the former will be controlling.
3. MY.P! NSA ION
CITY agrees to pay and CONTRACTOR agrees to accept as full
compensation for the faithful performance of this Agreement, subject
to any additions or dedi;.ct?.ons made: under the provisions of this
Agreement or the Contract Documents. the sum of ONE MILLION, ONE
HUNDRED TWENTY-FIVE THOUSAND, ONE. HUNDRED FIFTY DOLLARS
($1,125,150.00) as set forth in the Contract Documents, to be paid
as provided for in Sections 1, b, 21 and 22 herein.
-3-
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 eighty-five (85) working days.
5. TIME QF THE ESSENCE
The parties hereto recognize and agree that time is of the
essence in the performance of this Agreement and each and every
provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the
Contract Documents for all shop drawings, details and samples, and
do all other things necessary and incidental to the prosecution of
its work in conformance with the progress schedule set forth in the
Contract Documents. CONTRACTOR shall coordinate its work with the
work of all other contractors, subcontractors and CITY forces
working on the PROJECT, in a manner that will facilitate the
efficient completion of the PROJECT and in accordance with Section 4
herein. CITY shall have complete control of the premises on which
the work is to be performed and shall have the right to decide the
time and order in which the various portions of the work shall be
performed and the priority of the work of other contractors,
subcontractors and CITY forces and, in general, all matters
concerning the timely and orderly conduct of the work of CONTRACTOR
on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and specifications
set forth in the Contract Documents unless a change therefrom is
authorized in writing by the DPW. CONTRACTOR agrees to make any and
all changes, furnish materials and perform all work necessary within
the scope of the PROJECT as the DPW may require in writing. Under
-4-
no condition shall CONTRACTOR make any changes without the written
order of the DPW, and CITY shall not pay any extra charges made by
CONTRACTOR that have not been agreed upon in writing by the DPW.
when directed to change the work, CONTRACTOR shall submit
immediately to the DPW a written cost proposal reflecting the effect
of the change. Should the DPW not agree to such cost proposal, the
work shall be performed according to the changes ordered in writing
by the DPW and the proper cost thereof shall be negotiated by the
parties upon cost and pricing data submitted by the CONTRACTOR;
thereupon, CITY will promptly issue an adjusted change order to
CONTRACTOR and the contract price will be adjusted upward or
downward accordingly.
7. ]NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or
furnished under this Agreement unless and until a Notice to Proceed
has been given to the CONTRACTOR by CITY. CITY does not warrant
that the work 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 exterision equal to the delay
due to such unavailability.
CONTRACTOR shall, prior to entering upon the performance of this
Agreement, furnish the following bonds approved by the City
Attorney: One in the amount of one hundred percent of the contract
price to guarantee the CONTRACTOR'S faithful performance of the work
and one in the amount of one hundred percent (100%) of the contract
price to guarantee payment of all claims for labor and materials
furnished.
Q•M
9. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
CONTRACTOR agrees to comply with all requirements and utilize
fair employment practices in accordance with the California
Government Code §12900 et seq.
10. CALIFORNIA PREVAILING WACaE_LAW
The CITY has ascertained from the Director of Industrial
Relations of the State of California the general prevailing rate of
per diem wages and the general prevailing rate for legal holiday and
overtime work in the locality in which the work is to be performed
for each craft or type of work needed to execute this Agreement, and
the same has been set forth by resolution on file in the office of
the City Clerk of CITY. CONTRACTOR and any subcontractor under it
shall pay not less than said prevailing wage rates to all workers
employed on this Public Works Agreement, as required by CAlifornia
L012or Code §1771 and §1774. In accordance with the provisions of
§3700 of the G�lifor�ria Labor Code, CONTRACTOR agrees to secure
payment of compensation to every employee.
11. CALIFORNIA PREVAILINQ WAGE LAW - PENALTY
Pursuant to Section 11 of this Agreement and in accordance with
§1774 and §1775 of the California L Code, CONTRACTOR shall, as a
penalty to CITY, forfeit Twenty -Five Dollars ($25.00) for each
calendar day or portion thereof for each worker paid (either by
CONTRACTOR or any of its subcontractors) less than the prevailing
wage rate established for that particular craft or type of work.
12. CALIFORNIA EIGHT -HOUR LAW
California Labor Code, Article 3, Chapter 1, Part 7 (§1810 et
seq.) shall apply to the performance of this Agreement; thereunder,
not more than eight (8) hours shall constitute one day's work and
CONTRACTOR and each subcontractor employed by it hereunder, shall
not require more than eight (8) hours of labor per day or forty
hours per week from -any one person employed by it hereunder, except
as stipulated in California Labor Code §1815. CONTRACTOR and each
subcontractor employed by it hereunder shall, in accordance with
California Labor_ Code §1812, keep an accurate record, open to
inspection at all reasonable hours, showing the name and actual
hours worked each calendar day and each calendar week by each worker
employed in connection with the PROJECT.
13. CALIFORNIA EIGHT --HOUR LAW - PENALTY
Pursuant to Section 13 of this Agreement and in accordance with
C�3.i-f_ornia Labor Code §1813, CONTRACTOR shall, as a penalty to CITY,
forfeit Twenty -Five Dollars ($25.00) for each worker employed
hereunder by CONTRACTOR or any subcontractor for each calendar day
during which such worker is required or permitted to work more than
eight (8) hours in any one (1) calendar day or forty (40) hours in
any one (1) calendar week in violation of California abor CQQe
§1815.
14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE
§1773.8 of the California Labor Code, regarding the payment of
travel and subsistence payments, is applicable to this PROJECT.
15. EMPIDYMENT OF APPRENTICES
§1777.5 of the California Labor Code, regarding the employment
of apprentices, is applicable to this PROJECT.
16. PAYROLL RECORDS
CONTRACTOR agrees to keep accurate payroll records showing the
name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice or worker employed by
it in connection with the PROJECT and agrees to require each of its
-7-
subcontractors to do the same. CONTRACTOR further agrees that its
payroll records and those of its subcontractors, if any, shall be
available at all reasonable times to the CITY, the employee or his
representative, and the Division of Labor Standards Enforcement and
the Division of Apprenticeship Standards, and to comply with all of
the provisions of California Labor Code §1776, in general.
17. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and shall
be, acting at all times hereunder as an independent contractor and
not as an employee of CITY. CONTRACTOR shall secure, at its
expense, and be responsible for any and all payment of income tax,
social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for
CONTRACTOR and its officers, agents and employees, and all business
licenses, if any, in connection with the PROJECT.
18. LIOUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total work
called for hereunder is not in all parts and requirements finished
or completed within the number of working/calendar days as set forth
in Section 4 herein, damage will be sustained by CITY; and that it
is, and would be, impractical and extremely difficult to ascertain
and determine the actual damage which CITY would sustain in the
event of and by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a
penalty, the sum of Two Hundred Fifty Dollars ($250.00) 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 4
herein, which sum represents a reasonable endeavor by the parties
hereto to estimate a fair compensation for the foreseeable losses
ME
CITY would sustain in the event of and by reason of.such delay; and
CONTRACTOR agrees to pay said damages herein provided, and further
agrees that CITY may deduct the amount thereof from any monies due
or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will not be
assessed damages for any portion of the delay in completion of the
work due to unforeseeable causes beyond the control and without the
fault or negligence of CONTRACTOR, including, but not restricted to,
acts of God or of the public enemy, fire, floods, epidemics,
quarantine restrictions, strikes, unsuitable weather, or delays of
subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the beginning of
any such delay (unless the DPW shall grant a further period of time
prior to the date o* final settlement of the Agreement), notify the
DPW in writing of the cause of the delay and CITY shall extend the
time for completing the work if, in its judgment, the findings of
fact thereon justify the delay; and the decision of the DPW shall be
conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or completion of
the work by the act, neglect or default of CITY, or should
CONTRACTOR be delayed waiting for materials required by this
Agreement to be furnished by CITY, or by damage caused by fire or
other casualty at the -job site for which CONTRACTOR is not
responsible, or by thia combined action of the workers, in no way
caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time
herein fixed for the completion of the work shall be extended by the
number of days the CONTRACTOR has thus been delayed, but no
allowance or extension shall be made unless a claim therefor is
presented in writing to CITY within fifteen (15) days of the
commencement of such delay.
No claims for additional compensation or damages for delays,
irrespective of the cause thereof, and including without limitation
the furnishing of 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.
19. DIFFERING SITE!QQNDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before such
conditions are disturbed, notify the DPW in writing of:
(a) subsurface or latent physical conditions at the job
site differing materially from those indicated in this Agreement or
the Contract Documents; or,
(b) unknown physical conditions at the job site, of an
unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent to work of the
character to he performed under this Agreement. The DPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and cause an increase or decrease
in the time required for performance of any part of the work under
this Agreement, whether or not changed as a result of such
conditions, an equitable adjustment shall be made and the Agreement
modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under this
Section shall be allowed unless the CONTRACTOR has given the notice
required hereunder, provided, however, the time prescribed therefor
may be extended by CITY.
-10-
20. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final
payment. Payment to the CONTRACTOR will be made only for the actual
quantities of contract items used in construction of the PROJECT, in
accordance with the plans and specifications. Upon completion of
the PROJECT, if the actual quantities used are either more than or
less than the quantities listed in the bid schedule, the bid price
shall prevail subject to the provisions of this Section. The DPW
may, at its sole discretion, when warranted by the facts and
circumstances, order an equitable adjustment, upwards or downwards,
in payment to the CONTRACTOR where the actual quantities used in
construction of the PROJECT are in variation to the quantities
listed in the bid schedule. No claim by CONTRACTOR for an equitable
adjustment in price or time for completion shall be allowed if
asserted after final payment under this Agreement. If the quantity
variation is such as to cause an increase in the time necessary for
completion, the DPW shall ascertain the facts and circumstances and
make such adjustment for extending the completion date as in its
judgment the findings warrant.
21. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of the work
performed by CONTRACTOR and the value thereof. From each progress
estimate, ten percent (10%) will be deducted and retained by CITY
and the remainder, less the amount of all previous payments since
commencement of the work, will be paid to CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW, faithfully
executed fifty percent (50%) or more of the value of the work as
determined from the bid schedule, and if the DPW finds that
satisfactory progress has been and is being made, the CONTRACTOR may
-11-
, r,
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 arty part thereof unencumbered, shall be made
thirty-five (35) days after the acceptance of the work and the
filing of a Notice of Completion by CITY. Payments shall be made on
demands drawn in the manner required by law, each payment to be
accompanied by a certificate signed by the DPW, affirming that the
work for which payment is demanded has been performed in accordance
with the terms of the Agreement and that the amount stated in the
certificate is due under the terms of the Agreement. Partial
payments on the contract price shall not be considered as an
acceptance of any part of the work.
22. W THHE D 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 22 of this Agreement.
23. AFFIDAVITS 0E SATISFACTION OF CLAIMS
After the completion of the work contemplated by this Agreement,
CONTRACTOR shall file with the DPW its affidavit stating that all
workers and persons employed, all firms supplying materials and all
subcontractors upon PROJECT have been paid in full and that there
are no claims outstanding against PROJECT for either labor or
material, except certain items, if any, to be set forth in an
affidavit covering disputed claims, or items in connection with
Notices to Withhold which have been filed under the provisions of
-12-
the statutes of the State of California.
24. WAGE RATE
The contractor further agrees to comply with the wage rate
portion of the equipment rental rates and general prevailing wage
rates, current edition, of the California State Department of
Transportation. The statement of prevailing wages appearing in the
equipment rental rates and general prevailing wage rates is hereby
specifically referred to and by this reference is made a part of
this contract. It is further expressly agreed by and between the
parties hereto that should there be any conflict between the terms
of this instrument and the bid proposal of said contractor, then
this instrument shall control and nothing herein shall be considered
as an acceptance of the said terms of said proposal conflicting
herewith.
25. STA2&_CONTRACT ACT
The improvements contemplated in the performance of this
contract is a Hazardous Elimination Safety Project over which the
State of California shall exercise general supervision; and, the
State of California shall have the right to assume full and direct
control over this contract whenever the State -of California, at its
sole discretion, shall determine that its responsibility to the
United States so requires. In such cases, the State Contract Act
will govern.
26. WAVER 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.
-13-
27. INDEMNIFICATION, DFEENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold
and save harmless CITY, its officers, and employees against any and
all liability, claims, judgments, costs and demands, however caused,
including those resulting from death or injury to CONTRACTOR'S
employees and damage to CONTRACTOR'S property, arising directly or
indirectly out of the obligations or operations herein undertaken by
CONTRACTOR, including those arising from the passive concurrent
negligence of CITY, but save and except those which arise out of the
active concurrent negligence, sole negligence, or the sole willful
misconduct o£'CITY. CONTRACTOR will conduct all defense at its sole
cost and expense. CITY shall be reimbursed by CONTRACTOR for all
costs or attorney's fees incurred by CITY in enforcing this
obligation.
28. WORKERS'COMPENSATTON INSURANCE
Pursuant to CalifQrnia Labor Code 91861, CONTRACTOR acknowledges
awareness of §3700 et seq. of said code, which requires every
employer to be insured against liability for workers' compensation;
CONTRACTOR covenants that it will comply with such provisions prior
to commencing performance of the work hereunder.
CONTRACTOR shall maintain Workers' Compensation Insurance in an
amount of not less than One Hundred Thousand Dollars ($100,000)
bodily injury by accident, each occurrence, One Hundred Thousand
Dollars ($100,000) bodily injury by disease, each employee, Two
Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
policy limit.
CONTRACTOR shall require all subcontractors to provide such
Workers' Compensation Insurance for all of the subcontractors'
employees. CONTRACTOR shall furnish to CITY a certificate of waiver
ago
of subrogation under the terms of the Workers' Compensation
Insurance and CONTRACTOR shall similarly require all subcontractors
to waive subrogation.
29. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on all
operations to be performed hereunder, general liability insurance,
including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and non -owned
vehicles. Said insurance policies shall name the CITY and its
officers, agents and employees, and all public agencies as
determined by the CITY as Additional Insureds. CONTRACTOR shall
subscribe for and maintain said insurance in full force and effect
during the life of this Agreement, in an amount of not less than One
Million Dollars ($1,000,000) combined single limit coverage. If
coverage is provided under a form which includes a designated
aggregate limit; such limit shall be no less than One Million
Dollars ($1,000,000). In the event of aggregate coverage,
CONTRACTOR shall immediately notify CITY of any known depletion of
aggregate limits. CONTRACTOR shall require its insurer to waive its
subrogation rights against CITY and agrees to provide certificates
evidencing the same.
30. ERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject
-15-
to approval of the City Attorney evidencing the foregoing insurance
coverages as required by Sections 2B and 29 herein; said
certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently in
force and shall promise to provide that such policies will not be
cancelled or modified without thirty (30) days prior written notice
to CITY. CONTRACTOR shall maintain the foregoing insurance
coverages.in force until the work under this Agreement is fully
completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages
shall not derogate from the provisions for indemnification of CITY
by CONTRACTOR under Section 26 of this Agreement. CITY or its
representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. CONTRACTOR
shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
A separate copy of the additional insured endorsement to each of
CONTRACTOR'S insurance policies, naming the CITY, its officers and
employees as Additional Insureds shall be provided to the City
Attorney for approval prior to any payment hereunder.
31. DEFAULT AND ;TERMINATION
If CONTRACTOR fails or refuses to prosecute the work hereunder
with diligence, or fails to complete the work within the time
specified, or is adjudged a bankrupt or makes an assignment for the
benefit of creditors or becomes insolvent, or violates any provision
of this Agreement or the Contract Documents, CITY may give notice in
writing of its intention to terminate this Agreement. Unless the
violation is cured within ten (10) days after such Notice of
Intention has been served on CONTRACTOR, CITY may, without prejudice
-16-
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.
32. 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.
33. N N-A ILITY
CONTRACTOR shall not sell, assign, transfer, convey or encumber
this Agreement, or any part hereof, or any right or duty created
herein, without the prior written consent of CITY and the surety.
34. CITY EMPLOYEES AND OFFICIAL
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 Covernmente §1090 et
seq.
35. NOTICES
All notices required or permitted hereunder shall be delivered
in person or by registered or certified mail to an authorized
representative of the party to whom delivery is to be made, at the
place of business of such party, or to any other place designated in
writing by such party.
54FA!
36. CAPTIONS
Captions of the Sections of this Agreement are for convenience
and reference only, and the words contained therein shall in no way
be held to explain, modify, amplify or aid in the interpretation,
construction or meaning of the provisions of this Agreement.
37. FEDERAL PARTICIPATION
The PROJECT pursuant to which the work covered by this Agreement
is being executed is being assisted by the United States of America,
and the Contract Provisions embodied in Sections 37-44 are included
in this Agreement in accordance with the provisions applicable to
such federal assistance. As federal funds are financing all or part
of this work, all of the statutes, rules and regulations promulgated
by the Federal -government and applicable to the work will apply, and
CONTRACTOR agrees to comply therewith.
38. DAVIS-BACON ACT
CONTRACTOR agrees to pay and require all subcontractors to pay
all employees on said PROJECT a salary or wage at least equal to the
prevailing rate of per diem wage as determined by the Secretary of
Labor in accordance with the Davis -Bacon Act for each craft or type
of worker needed to perform this Agreement. CONTRACTOR agrees to
comply with all applicable federal labor standards provisions; said
provisions are incorporated herein by this reference.
39. DISCFIMINATION,_MINORITIES� ALIENS
CONTRACTOR shall not discriminate nor allow its employees,
agents, principals, or subcontractors to discriminate against any
employee or applicant for employment on the basis of race, religious
creed, national origin or sex. CONTRACTOR shall take affirmative
steps to hire local qualified minority individuals when job
opportunities occur and utilize local business firms when possible.
-18-
40. EQUAL EMPLOYMENT OPPORTUNITY
The CONTRACTOR will comply with all provisions of Executive
entitled."Equal Employment Opportunity," and amended by
Executive Order 11375, and as supplemented in Department of Labor
regulations (41 CFR Part 60).
CONTRACTOR is required to have an affirmative action plan which
declares that it does not discriminate on the basis of race, color,
religion, creed, national origin, sex or age to ensure equality of
opportunity in all aspects of employment.
Section 503 of the Rehabilitation Act of 1973 prohibits job
discrimination because of handicap and requires affirmative action
to employ and advance in employment qualified -handicapped workers.
Section 402 of the Vietnam Era Veterans' Readjustment Assistance
Act of 1974 prohibits job discrimination and requires affirmative
action to comply and advance in employment (1) qualified Vietnam
veterans during the first four (4) years after their discharge and
(2) qualified disabled veterans throughout their working life if
they have a thirty percent (30%) or more disability.
To assure compliance with these requirements, the CONTRACTOR
shall provide the CITY its written affirmative action plan prior to
commencement of work. The CONTRACTOR is required to provide the
CITY with a listing of its subcontractors together with a completed
affirmative action program from each subcontractor when applicable.
41. COPELAND "ANTI -KICKBACK" ACT
CONTRACTOR and its subcontractors shall comply with the
provisions of the Copeland "Anti -Kickback" Act, as supplemented in
Department of Labor regulations, which Act provides that each shall
be prohibited from inducing, by any means, any person employed in
the construction, completion, or repair of public work, to give up
-19-
any part of the compensation to which he is otherwise entitled.
42. CONTRACT WORK HOURS AND _SAFETY__STANI2ARDS ACT
The CONTRACTOR shall comply with the provisions of Sections 103
and 107 of the Contract Work Hours and Safety Standards Act (40 USC
327-330) as supplemented by Department of Labor regulations (29 CFR,
Part 5). Under Section 103 of the Act, each CONTRACTOR shall be
required to compute the wages of every mechanic and laborer on the
basis of a standard workday of eight (8) hours and standard work
week of forty (40) hours. Work in excess of the standard workday or
workweek is permissible provided that the worker is compensated at a
rate of not less than 1-1/2 times the basic rate of pay for all
hours worked in excess of eight (8) hours in any calendar day or
forty (40) hours in the workweek. Section 107 of the Act is
applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous to his
health and safety as determined under construction, safety and
health standards promulgated by the Secretary of Labor. These
requirements do not apply to the purchase of supplies or materials
or articles ordinarily available on the open market or contracts for
transportation.
43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTIQN-
CONTROL ACT
(a) CONTRACTOR stipulates that all facilities to be
utilized in the performance of this Agreement were not listed, on
the date of Contract award, on the United States Environmental
Protection Agency (EPA) List of Violating Facilities, pursuant to 40
C.F.R. 15.20.
-20-
(b) The CONTRACTOR agrees to comply with all of the
requirements of Section 114 of the Clean Air Act and Section 308 of
the Federal Water Pollution Control Act and all regulations and
guidelines listed thereunder.
(c) The CONTRACTOR shall promptly notify the CITY of the
receipt of any communication from the Director, Office of Federal
Activities, EPA, indicating that a facility to be utilized pursuant
to this Agreement is under consideration to be listed on the EPA
List of Violating Facilities.
(d) The CONTRACTOR agrees to include or cause to be
included the requirements of paragraph (a) through (d) of this
section in every non-exempt subcontract, and further agrees to take
such action as the Government may direct as a means of enforcing
such requirements.
44. ENERGY CONSERVATION
Agreements with federal participation shall recognize mandatory
standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance
with the Energy Policy and Conservation Act (P.L. 94-163).
45. ENTIRETY
The foregoing represents the entire Agreement between the
parties.
-21-
i
-, mot_..,___—�—•— __.-_�__... .�....._-_—. r.r.. — -- — �... �—...�� � �����--�� _ I I��
STATE Of CALIFORNIA ��•,
co11Nty OF San Bernardino-----
`� - -- On this 30._ --..— day of - . Ma-CQ-h- .__. ^ .-_ . -.-_.. in the year 192L,
before me. the undersigned. a Nolary Public in and for said State, personally appeared
--Do-yle. W__Pawell ------ •--- -- ��--- — --� — — --- -- —
y� Orir - - - - -x personally w nown to me
SANDRA J LOVELL {or proved to me on the basis of s;tli;taclory evidence) to be the person whose name—
MOrARYP~C•CALWOW4A is sr)bscubed toilip within InstrllmerN. and acknowledged to me Ihat he—
SM I� (Y P.%Pf;IIIr'.It II
Imyrow. EXP. MAR. 12,1"T
WIINU:; my "afrd and ofl,C4il :eal
f�
xald Stare
�: r•I IWI e.�rs4 �1� ., .I�.,,� �4,1�
1 19�7 /fr l'1•II III INf __. rp_rr .1�4t � .1_ . __ _ _. ___—..— —_-- _-.- —_. .--�-- __._. — . . ._.-..._ __. _. —_____ 1 . --.
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.
D.W. POWELL CONSTRUCTORS
a Sole aroorietor
By:
Its
r
By:
1
Its:
ATTEST:
City Clerk
REVIEWED.AND APPROVED:
City Administrator
CITY OF HUNTINGTON BEACH,
A municipal corporation of
the State -of California
Mayor
APPROVED AS TO FORM:
_-Z. w
Cz7�--
firc}. ty Attorney Q � x5/9a
,t�-{1 a `--9 0
INITIATED
Director
-21-
APPROVED:
of Public Works
13-1-1-016
a4:401tIr: CERTIFICATE
OF
INSURANCE tS$VEDATE (MM/r:o/YY)
29-MAR-1990
103531
CorrDOn A Black Insurance Services
THIS CERTPFr-ATE IS ISS!,IEU AS A NIAT TEll OF INFOI?I.1ATPON Of-JLF AND CONFERS
N(?RK;14TSUPON THECF—RTIFICATE HOLDER T141SCEP TIFICATE DOES NOT AMEND.
70 South Lake Avenue
E)'IENU UP ALTER tHE COVERAGE AFFOROED BY TPIE POLICIES BELOW
Pasadena CA 91 101
- - -- - ----
I9lei 796-3886
COMPANIES AFFORDING COVERAGE
COkVANY A Transcontinental Ins. Co -
I IFa
CODE _ SLMCODE
I F
Contact Sue L. Nechiporer*o
- -
-j�rT- - -- -- ...—
cohrmo Transportation Insurance Co-
LEVER Q
D.W- Powell Constructors, Inc_
COMPANY C Transamerica Insurance Company
P_O_ Box 1408
LETTER
-- - - --- --
Fontana CA 92334
CObPAN+
D
LEIIEP
COLPANY
II I1r11 E
COVERAGES
THIS IS fQ CEP11F-r THAT DIE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO IHE INSUPEO NAMED APOVE FOP TILE POI icy
PERIOU
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCIJI.IENT WITH R[SPECT TO WHICH
THIS
(,FPTIFICATE MAY BE ISSIIFD OP MAY PERTAIN. THE. INSURANCE AFFORDED BY 114E POLICIES UESCPTBEU HEREIN IS SUBJECT TU ALL THE
TEPIAS.
ExCLUSIONS AND CONDITIONS OF SUCH POLICIES
1.1.11tS SHo WN MAY HAvE BEEN REDUCED BY PAID CLAIMS
co
_
TVM OF RIURANCE
POLICY NUMBER
POLICY ErYEOTrdE
POLICY EXPIRATION
ALL LIMITS IN THOUSANDS
L TII
DATE (MM/DQ/+ti)
DAIS (MM:DO/YY)
GENERAL LIAR[ Y -..--- -
'-
--'-
r)ENEne-L nt}}1FOAIE
!
-
1000
_ .
X
CUM►ERCIAL GENERAL L IABILII'i
PPODIJCIS COw,,OPS t-OD �o1E
1
1000
�
CLAIM MACE y� OCCUR
PEPSONAI. L ADYEPIISIWj I"in,
s
1000 _
A
Ow1En'S & GOMIRACIOR's PRO(
000012042
14-MAY-1989
14-MAY-1990
EACH OCCUPPENCE
---
s
1000
X
GEN'L AGO- APPLIES
ODE DAYA0E rAny -. 1. 1
{
so
_
X PER PROJECT SITE
--
—
►EeICAL £xPEN'3E (A-;
s
5
AUTOMoeic LueILnY
- —
COMBINED
LT C
t 1000
-
X
ANY AUTO
ALL OwW..D A1,1105
BODe.Y
-
11L�fi,
�
�OEDLILED ADIOS
(P« rw2�1
B
X
-
1.IP£DALIMS
900012043
14-MAY-190914-MAY-1990BODIL-.----
INJLQY
i
NOMOwNEL) AVIOS
(Pr ACc-dM,I
I
OAPACk LIA811-1IV
PFRTY
Y
-
DAMAOE.
{
.
EXCESS LIABILITY ~ — A 1t n)WO&TIF—
OCCLPRE NCE
- WWR IIwN L'tPICLLA FORM - -
W07"R'S COMPENSATION
C AMID F48049 14-MAY- 1989 14-MAY- 1990 { 1000 (Eery. ACCN.)FNI'
{ 1000 (CdSEASE POLICY LIMIIJ -
fAnOTERs- LIAO LnY-------
{ 1000 (O15EA,E EACm EMPLOYEE)
OTHER--
r
DESCRIPTION of OPERATKWMOCATIONSrV MICLEVREITAICTN)MOWTOLAL ITEMS ~---L- .- -
THIS CERTIFICATE MAY BE RELIED UPON ONLY IF THE DESCRIPTION OF
OPERATIONS ATTACHMENT REFERRED TO HEREIN 1S ATTACHED HERETO -
CERTIFICATE HOLDER CANCELLATION
nS TO FC1c1�:1
SHOULD ANs OF THE ABO\.-E DESCRIBFU POLICIES BE CANCELLED BEFORE THE
GAIL HUT TON EXPIRATION GATE (HEREOF. THE ISSUP-rS CONAPArr, w'n 1. >4? )0eWVOWXPI2%
CITY A m :'NAY MAIL 30 DAvSwRITTENNr) (:E TO THFCERTs-ICATE HOLDEP11JAMED TO THE
By: tEFT.Pit"K4VllQEXYOktXJI!09l1Ci{-KKII!YlKXYEMXPtx4APrOWA"p8I!pc�'i10M
I}epLty City Attorney YA4)41Kh dTXIbLIKIKIEnK?T>{ SI MFrX kf� -K0(' 1kg vz:K lnT-S�pFE5g114r4myEr$x
City of Huntington Beach Attn: Gall Hutton o REPRESETrTArwE
2000 Main Street IL
Huntington Bch CA 92848
ACORD 25-9 (J181) *ACORU rmiiPOAATIDH 1291
�� "' ERTIFI
PpdUVCEA , DESCRIPTION
Corroon & Black Insurance Services
70 South Lake Avenue
Pasadena CA 91101
i61e1 796-3608
CODE SUB -CODE
Contact : Sue L. NechlporeNco
D_W. Powell Constructors, Inc.
P-O- Box 1406
Fontana CA 92334
F INSURANCE MSVE DATE (rm+JOgrvY)
ATIONS TTACHMENT PAGE 1OF 1a2.9-MAR-1990_
13
61 11IIS I':FR T rFrCA TC IS ISSLlFD A S A FAA T TFR OF INFC)PPOA TION OrJLY AND f:nNFERS
NORIGHTSUPON THECEP IIFICATE 1iCri.bER THIS CFRTIFICATE DOES NOT AMEND.
LxTEND OR ALTER THE COVERAGE AFFORDED By 1HE POLICIES BELOW
COLVANY
I EUEn
A
COMPANIES AFFORDING COVERAGE
Transcontinental Ins. Co.
COMPAW
Transportation Insurance Co.
.. �_
LEJIFn
B
COMPANY
C
Transemerke Insurance Company
r F I IF.P
corns Aw
D
LE T IEW
Coble N+
I Fill
E
THIS DESCRIPTION OF OPERATIONS ATTACHMENT MAY BE RELIED UPON ONLY IF THE CERTIFICATE
REFERRED TO HEREIN IS ATTACHED HERETO.
[Certificate Holder : City of Huntington Beach Attn: Gail Hutton
Special Conditions to General Liability: It is agreed the Certificate
Holder is included as Additional Insured, but only as,respects work
being performed by or on behalf of the Named Insured_
It is agreed that The City of Huntington Beach, it officers, agents and
employees are included as Additional Insureds as respects the below mentioned
project:
113rojeCt. Warner Ave. improvements
tS 'id FCfils:l
L:AIL HUTTON
CITY ATrr)FT�
13y:�
Deputy City Attor
CORROON 6 BLACK 259A1 (10100
0 COAROON L BLACK 12091
DAjrE : � anuary 23 i_1990 q
' BONDS RECEIVED BY;
EN.GIYEER' 9 ESTIMATE: 1 , 350,000.00 CITY TREASURER' S OFI ICE
JOE'd AND CC NUMBER: CC-595 Warner Avenue IMpr. 10:00 AM
BIDDERS NAME TOTAL BID AMOUNT
Shawnan Corp.
`""
�J -.3 •%
O� � � S Q
Damon Construction Co.
s
Sully -Miller
Lam/
f
�i
7 � , `S 0
McCain Traffic Supply, Inc.
Consley and Montigny Co., Inc.
_
I P S Services, Inc.
Steiny and Co., Inc.
C E I
Excel Paving
General Procurement and Construction
Savala Construction Co., Inc.
All American Asphalt
Moore Elect.
L?7,_TE . r Page 2
ENGINEER' S' ESTIMATE:
..y
JOEJ AND CC NUMBER: CC-595
BIDDERS NAME TOTAL BID AMOUNT
Vernon Paving
Randmn Construction
Econolite Control
Carney Brothers
Best WesternPaving Co.
-*--hPowell C WWL--v won
Kato Landscape
t
t
RECEIVED
CITY CLERIC
CITY OF
HUNTINGT;'f CALIF_
.BAN 73 Ifs 00 All `30
O6. 141v 10 Of U Hvr
AfTr�';fi� :4•:�:iT1ti!ifl}{
30 Ai10
MUM Ai43
03M3JU
i
R
FAU M019(006)
BID SECURITY FORM "The premium Charged for this
BOW rs Included In that shown
On the Annual Bid Bond,"
BID BOND Bid C1att::,I:d[ll avy 23, 1990
KNOW ALL MEN BY THESE PRESENTS:
That we, POW LL CONSTRUCTORS _ as principal
and 1 l lll.I.l 1'Y AND I)F.E'US t'r COMPANY OF 1� RYLAND as surety, are
held and firmly t_iound unto the City of Huntington Beach hereinafter referred to as
"Owner," in the sum of TEN PERCEN"I T(107) OF THE '1'(71'Al- AMOUN P OF THE 1111) dollars
($ to be paid to the said Owner, its
successors, and assigns; for which payment, well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the certain proposal of the shove bounden _ POIdFIA, CONSTRUCTORS
for Warne[ Avenue Impro aments
as specifically set forth in documents entitled"Congt'uction of_Wamer_Ayenue _
Impmvem ;,s. &tween AlggLiQ in Sheet and Ne3&1and 51ree
all in accordance with the specifications and drawings on file at the office of ity Hall,
is not withdrawn within the period of 45 days after the date set for the opening of bids,
unless otherwise required by law, and notwithstanding the award of the contract to
another bidder, and that if said proposal is accepted by the Owner through action of its
legally constituted contracting authorities and if the above bounden
POWELL CONSTRUCTORS
C-7
PROPOSAL & CONTRACT
heirs, executors, administraars. successors and assigns, shall duly enter into an
" gXeCUW a contract for such constructio�f o shall
eccove agend deliver the within 10 days(ired
not
. Perforrrlance and Payment Bonds and PT notification by and from the said Owner
including Sundays and holidays) after the date of no
that the said contract is ready for execution, then this obligation shall become null and
void, otherwise it shall be and remain in full force and virtue.
IN WITNESS WHEREOF. we hereunto set our hands and seals this
pf .lanuzIr - 9�.
dayi 1 D1:1.11'Y AND C1511' COMPANY OL' MARYLAND
Linda D. Coacs, Attorney -in -Fact
the
(NOTE: The standard printed bodform aopf any
sarnplebonding obond form pravbdedothe security
wner
may be used in lieu of the foregoing P
stipulations protecting the Owner are not in any way reduced by use of the Surety
company's printed standard form.)
Ihsl [1! I:nl lrnil'llp
.11t�lr ;}I San Bernardino. -
OFFICIAL SEAL
SAWRA J LOVELL
M0W.jKjy"E-AP.
O7AR�LIA`rr,►12,1991
MR.
23
li,y (1I January � le
I„•�c„� ,nr.. I.'•• i;:;ttn!S�(Sn[trl
P cell
.,;:Ii� I'ul•'r ,: ,lrtl Ipr '•,a ..11
in tl:n year 19—�a,
Doyle Gj . 4
rl:,rne^
!I;e'!I `.11 1
rYr nd In r.,n ;ll1t 11e_
Si1h5Cii1,'•:11n1r,.,..,I}���''�i�•.liiu�,,..,i li,il.,:1.i:',wIC -
1 J
F. fn �,;.•.1
State of California
County of LQs Arjqeles ss
Dual n'Iv i.11 r 11 `i::�
)�,l n ilal• I
,n
On this 18 day of Jantiary in the year 1990 before r.e a
ibtAx-y Public personally appeared Linda U. Coats personally
know to M. (or proved to Ire on the basis of satisfactory evidence) to be
the person whose name is subscribes' to this instrtnent as the Attorney -in -
Fact of Fidelity and f)cposiL Compan`• of Maryland ,
and acktkowledge to me that he (steel subscribed the name of
Fidelir.y and Deposit Company of Maryland thereto as surety, and his
(her) own nacre as Attorney -in -Fact.
OFFICIAL SFAL
LeIRENE FOSTER
NOTAR• PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
Los ANGELES COUPITy
f CommisS;onExplresmar.5,1"3
Notaxy Public in and for said County
,
BOND NO: 766046 (16163)
PREMIUM: INCLUDED IN BBSU
FAU M019(006)
BID SECURITY FORM
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, SULLY -MILLER CONTRACTING COMPANY _ as principal
and SEABOARD SURETY COMPANY as surety, are
held and firmly bound unto the City of Huntington Beach hereinafter referred to as
"Owner," in the sum of Ten Percent of the T tal Amnlict of the Bid in ._ dollars
($ 10% of Bid -------------------------- -^), to be paid to the said Owner, its
successors, and assigns: for which payment, well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the certain proposal of the above bounden _SULLY -MILLER CONTRACTING_
COMPANY
for Warper Avenue Limprovemenis
as specifically set forth in documents entitled "Construction of Warner_A_yenue
Immovements, Between Alieonguin Street and Newly Street
all in accordance with the specifications and drawings on file at the office of i
C�tyffai,l
Cijy_-Qf Huntingt9p _,"ch, Calif r i
is not withdrawn within the period of 45 days after the date set for the opening of bids,
unless otherwise required by law, and notwithstanding the award of the contract to
another bidder, and that if said proposal is accepted by the Owner through action of its
legally constituted contracting authorities and if the above bounden
SULLY -MILLER CONTRACTING COMPANY
C-7
PROPOSAL & CONTRACT
his heirs, executors, administraors, successors and assigns, shall duly enter into and
execute a contract for such construction and shall execute and deliver the required
Performance and Payment Bonds and proof of insurance coverage within 10 days (not
including Sundays and holidays) after the date of notification by and from the said Owner
that the said contract is ready for execution, then this obligation shall become null and
void, otherwise it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
5th _ day of January 19_90•
SIIN Cb"R1PANY
By
Kot)ert Hoi14nd, rice President
SEABOA2 Sl1RETJ `,COMPANY
Irene 1,au, Attorney -In -pact
(NOTE: The standard printed bond form of any bonding company acceptable to the Owner
may be used in lieu of the foregoing approved sample bond form provided the security
stipulations protecting the Owner are not in any way reduced by use of the Surety
company's printed standard form.)
C-8
PROPOSAL & CONTRACT
tylil >
'ertif+ec; Copy SEABOARD SURETY COMPANY
No. 10323 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has
made, constituted and appointed and by these presents does make, constitute and appoint pawl C. Hughes or
Irene Lau
of Costa Mesa, California
its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and
other instruments of similar nature as follows: Limited to the amount of FIVE MILLION
($5,000,000.00) Dollars.
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal: and all the acts of said Attorney -in -Fact, pursuant to the authority
hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE VII. SECTION 1-
"Policies, bonds, recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto.
Insurance policies. bonds. recognizances, stipulations, consents of surety and underwriting undertakings of the Company, and releases. agreements and Other
writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
(a) by the Chairman of the Board, the President, a Vice -President Ora Resident Vice -President and by the Secretary, an Assistant Secretary a Resident
Secretary or a Resident Assistant Secretary, or (b) by an Attorney -in -fact for the Company appointed and authorized by the Chairman of the Board, the
President or a Vice -President to make such signature, or (c) by such other officers or representatives as the Board may from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney-m-Fact or representative."
IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice -
Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 2-1-st, ,
day of ------ ---.July---- --------- ......... , 19.....-88
o SufitTr
Attest: SEARD URETY COMP Y,
�N 1927 I '• ,� J; L�
* aL(0. Q By
fitwv��t (Sear .... • -•- -- .....--�- -•- ....- --
Assistant Se retary ice -President
STATE OF NEW JERSEY ss.:
COUNT( OF SOMERSET
On this .----•-....1.t--- • ..... day of........JulY.... ... .............•--••-- ..... ..
..... 1988 before me personally appeared
............. ....... ch el..-$.. .... Keegan.- . •........................... ........... a Vice -President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of -New ... Jerse.y.... ;
that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing
instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice -President of
�d Company by like authority.
' -•--.:�,,;;� FELtCE M. CATALANO
RY PUBLIC OF NEW JERSEY
T -------------•------------••-•
ommission Exp. June 4, 1991 C E R T I F I C A T E Notary Public
�` ---F �e� dersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is
nd correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Vice -President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-)n-fact as provided in Article VII, Section 1. of the By -Laws of
SEABOARD SURETY COMPANY,
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of
Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970.
"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII, Section 1, of the By -Laws
appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other
instruments described in said Article VII, -Section 1, with like effect as if such sea( and such signature had been manually affixed and made, hereby is
authorized and approved."
IN WITNESS WHEREOF, -I have hereunto set my hand and affixed the corporate seal of the Company to these presents this
e6suBETre•--•.......................... 5.th......... day of .............. ---.....-------•--------••January_................
1927
�>fFOFn ��Qe} sistant S ry
FAU M019(006)
1
' BID SECURITY FORM
BOND NO. 159-24-17
13ID BOND
KNOW ALL MEN BY THESE PRESENTS:
That We, Damon Const. Co. as principal
and Firemen's Insurance Company of Newark, New Jersey as surety, are
held and firmly bound unto the City of Huntington Beach hereinafter referred to as
"Owner," in the Sum Of ten percent the ^amount bid in — dollars
( 1D�******************************* �, to be paid to the said Owner, Its
successors, and assigns; for which payment, well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the certain proposal of the above bounden
Damon Const. Co.
• 1 iOUP49 1 11 • 11 ' 1
as specifically set forth in documents entitled "Con5truct1pn of Warner Avenue
Improvgmcnts.
all in accordance with the specifications and drawings on file at the office of Clt.y Hall,
Is not withdrawn within the },eriud cf *S days after .he date set for the operine of h!dez,
unless otherwise required by law, and notwithstanding the award of the contract to
another bidder, and that if said proposal is accepted by the Owner through action of its
legally constituted contracting authorities and if the above bounden
Damon Const. Co.
C-7
PROPOSAL & CONTRACT
his heirs executors administraors, successors and assigns, .enter Into and
execute a contract for such construction and shall execute and deliver the required
. Y�erformance and Payment Bonds and proof of insurance coverage within 10 days (not
' including Sundays and holidays) after, hetdate ,of pPxif]iiration by and from the said Owner
that the said contract is ready for execution, then this obligation shall become null and
void, otherwise it shall be and remain in full force and virtue.
W D [10 D
IN WITNESS WHEREOF, we hereunto set our hands and seals this
23rd day Of January 1990
Damon Const. Co.
(/.� 1
F remen :s nsUranc_Lc"_gmpAny of Newai , Netiti•
JAMES II. RESTRICK Attorney
(NOTE: The standa�r to on orm o a nding company acceptable to the Owner
;may be used In lieu the foregoing approved, sample`bRnd.1form .provided the security
stipulations protecting'--the-Owner are 'not"i, any welt' reduced $)v � �P of tre Surety
`ttS3't11'lA*rs PtVAtt*dlffXndAYdYf�l�M.)'t1YInc" t, well ;llul tt'la y to be m2U�, we i,�.F'.1
�r. 1—c�cutors, adminlstrato,-s. sucecsyors, and join-,ly anc!
1 1 , .:111
IT, {• I.:iIr" r`.S Llpo%;�( {',( t �1: A:-W %V 1-,)::41'l,t,:n ... -
i ! l •'," .I' � j (11 111 11 doc 11;111:III, t'i•1I i I ICk ..11".tV11C t IOrt_Qf .�i1:11''S1Q1 '
STATE OF CALIFORNIA
COUNTY OF .LGS ANGELES
On this 23rd day of
before me a Notaryy Public
appeard Names 11, Itestrick
satisfactory evidence) to
the within instrument as
of Newark, New Jersey and
name of Damon Const. Co.
own name as attorney.
IyJO
in the year ,
the said County, personally
known to me (or proved to me by
be the person whose name is subscribed to
the attorney of Firemen's Insurance Company
acknowledged to me that he/she subscribed the
thereto as principal, and his
January
in and for
_........................................................
MARY BYRNE
NUTARY PUBLI,;
STATE OF CAL]F'D +X Ia
7R�IIL'+'AL CmCE IX
LOS ANGELES COU4TY
J.+
} MY Commission Expires April 20. 1990 =
............................................................
Jersey
Firemen's Insurance Company of Newark, New Jersey
GENERAL POWER OF ATTORNEY
Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK• NEW JERSEY
has made (e1n.(rlult•(I .)nd aplx)inted, and by these presents does make, constitute and.appoint
James H. Restrick of f[ mdale, California
tl I,:u -ear[ LI:, lul .111, rrIt' t'. far 11 and In rls name, pla( e. and 5IC.1d In Ox('( life on behalf ut I I w %.)id t flrnpany, as surety, I)ondii. unden+aklnp
,t(Itt , ot't'.I, I� ''I ,,tct'Igtifu.l It) lie gtvan to
All Obligees
pro%-O(•d Ih.11 r11t hwid Or undertaking or contract of suretyship executed under this aulhonly sh,111 eY(eed rn amounl the sum of
Ten Mlltion (1C,000,000) Dollars
rrrI''% Is gt,tnl('(1 and Is slgne(I .Ind sc-aled by facsrmllc under and by the aulhor:I,, of the toIIowing Re solulron adopted by
;h(- `'I)-,,:! of I)I'v( 1.)I% O; :1)e F;4,LM!.N'S `.i;SUP-ANCE CON ANY OF Nf.WARK. NE),V iFIZSEY al a , fie*11ns duly t3lied and held on the t 31h
d,lv (,f L1nu.tr; I'M'1
,.,,•m-tn nl I`,(• flnarcl. lye Vice Ch,r,:rnan of the B,+,(f. ncc h:.-Urtenr an F— u!„r \Vqr Pf, ScI •n: -r a Gen,Or VK,- Preudenl Ur a Vice Prrti,de•nI ul :ne
......
,,. ..„I a'..,:,.,, .. .u'th(-m he[ eby,s anrh,x,tedlue,Aule Pe• o-nuf Anyu.lh orr.-•vr}, nBlhe 41 v.ornes ni-e'[;,n thw e en Po) er,IA[[or nay' to I!,, r•t` ('1:e,n txa:f Ul the
qF NLIVARK, tif41,' 1! RSFY, Lxrrkk. undrrt.11,nht -'rid III crrnlr.e(rs (A`ur C[ysty p. anC Mil an A551SIdnr Vt(e r'r(•s,dent- a 5(`(re:arY u an A,sr.1 inr
,t .... I.- ,,,,1 11.,: .1� 1� an: n1 :hern 7,rn•!t5 ,t. au[y(x,le•,j In arleyl 1hr a'et ubgn ur anu %U01 ['(3"k Of AtIOCIles- dn,i 41 11(ach Itte(C(O th,• Wit: U: (hc' Cnrny.tn.
I : •w -. ,t A IZI %t )1'. -1 1) t .: rF,e 5.!;nalureh rlr tech orf., e•ry .tad the wal DI the C(x-tp.eny rnay t)t• alf1.,•,! le) an. such P,,,.,,, o: knoin..y r> IU an, c1•nd,(ale re•':a:11)8 the: e10 hs
.,. vn„1,, ,, ,,,,,,, , , , , ,,r V'„rm nr ( erlir,ed:r tx'.t•tnti tuCh la(s, m,lp s,�n.tl VrcK Ca r.1r.5,rrl ile tl'a shail tx• rA0 4.,! L,nr;,nq tt x)n Ihf (Um�S•ln, -hfn tnaH. "J Jnd,n therulu-e
ti ,r t• :. _ : 1:.., -. ,, ,. ,..,.,nq c,r c ontra,t UI w,eR,h,p v) N.h„ h ,t n ana, he41 ..
In 1\'Itnc s, Whr•rt•uf, :fie I 'r;F,=5f N'S i,`•SURANCI. n1 ,N['. VAVK. ,NLW If.RSFY has caused 115 offI0.11 seal to fx ht:reunlo
1rt, 1 ill, Ix, slti;rltt' !)y one of 1:, Vic(' I):(•}''�f fl[5 a)1(:.1,1�'i[eY: by One of it,;.A,,s1sl. ill .r1CC' P;e51d('r115 lhls day UI
1,,
I �= is Doc arbor
1 IRFr.1EN"', iNSURA�-CF COMPANY Ol `FWARK. NFAV RRSFY
By
[' I Pia n:}. A5,nlae1 V-Ce F"t•s0vnl
STAT f. ( A: (:U,'�I.C. T ICU I
(.()UN i l 1, )1' l iAK f VORD
!rn,l B lske» Vic Pr(y,denr
01) [his thy O1 19 b('fnre me personally- cause Ernr1 13- Askew, !o me known, who being by n)e duly sworn_ du'.
dt'l),I'd, Mid SJ111,11 lit, t, a I IRF,%AWS INSURANCE COMPANY (]I N[INVARK. 1�fAV JLRSFY• the corporallon described
1n and fur h VW( ulud Iliv A)ovt' IrWr(trr,eol; lhal he knows tht' Seal of Ihl• sal(] tnrporall(m. [hal the seal )ffrxt!d 10'he said instrument Is such
11 •.11. Ih.0 11 %%'.IS SO alftxed by wder of tht' Board (,f p,r('clors of said cnrporalton and III,)[ `)e Signed his It me thereto by like order
)a J sffl 1 A
NAA tic
-•� v(J:ARY PUBLIC
ltty C Urnm,St,n CERTIFICATE f ,liaes xtart h 31. 1991
1. s4.,' Ritlt�t`stil5's1•. si. ,tsi ASsIsl.lnl VIC,- i're5sd('n1 of lilt' I'IRI',NAV `'S 4`.tiUPU\Nk'i CL7,ti51'r\tit' O'' 1,V'kNARK. NE`1` IER51.Y, .a N` 2,, jef"i>IN'
(,lr1),,:.�:1. in i}(.) 1'I 1:[ 13)- ( I R11! Y iha[ the for('goirit, and 111.1Cheff Power Of :�ttorrivy renl,)1n5 In !uil : t)( r• s1)(1 h,1c nUt i evii reviA(:d: jr1d
I, If li l I -;I l:-If. • !h.II Ill,' F'. t•v ,lu r:I)r) nl I I i e 13u.1r(I of I) It-t:of t. 5cI fnrlh In I (' S.)I(I I'fjw('r I)I AIInr lies 15 OUss' In lord'
ti i;,n'11 ,'nrI e .;L rl al :hc Un+n of f ,ulnull;lOrt, 1i1c Scat(' of Cunnl'(lltu[ r),lled Ih(- 23r(Idav of January Y) 90
'41", �,'r" V., zf� IN �[
"The Premium Ch- 9: d f.)r this
Bond is uiUudA in that shown
an the Annual Bid Bond.'A
FAU M019(006)
BID SECURITY FORM
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, 1]xcel Paving CazDany as principal
and Federal Insurance Coimany as surety, are
held and firmly bound unto the City of Huntington Beach hereinafter referred to as
"Owner," in the sum of ten -percent of the total amount of the bid _ dollars
($ 10% �, to be paid to the said Owner, its
successors, and assigns; for which payment, well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION 1S SUCH,
That if the certain proposal of the at>ove bounden EXcel Paving Ccxmany
for Warncr Avenue ImprQvcmcnts
as specifically set forth in documents entitled "Cons-truction of Warner Avenue _
Im r vits, B _Algonquin Street and Newland Street R _
all in accordance with the specifications and drawings on file at the office of Cly Hall,
?.tY-Q-f Huntington Beach. California
is not withdrawn within the period of 45 days after the date set for the opening of bids,
unless otherwise required by law, and notwithstanding the award of the contract to
another bidder, and that if said proposal is accepted by the Owner through action of its
legally constituted contracting authorities and if the above bounden
ESccx:! 1 - P iv i nq CcaW nV —
C -7
PROPOSAL & CONTRACT
0,
_ his heirs, executors, administraors, successors and assigns, shall duly enter into and
execute a contract for such construction and shall execute and deliver the required
Performance and Payment Bonds and proof of insurance coverage within 10 days (not
including Sundays and holidays) after the. date of notification by and from the said Owner
that the said contract is ready for execution, then this obligation shall become null and
void, otherwise it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
3
day of _ January 19 90
Excel Pvi Company
tP Brown President
Federal Insurance Coapany
Doug A. Attorney in Fact
(NOTE: The standard printed bond form of any bonding co pany acceptable to the Owner
may be used in lieu of the foregoing approved sample bond form provided the security
stipulations protecting the Owner are not in any way reduced by use of the Surety
company's printed standard form.)
C-8
PROPOSAL & CONTRACT
BID SECURITY FORM
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,
FAU M019(006)
as principal
and �- Gil-C�yY�,�a i:' ,Ylfis- '`f" -rYIX as surety, are
held and firmly bound unto the City of Hun in ton Beach hereinafter referred to as
"Owner," in the sum of 1S20;`'�iYYl�li_�_SrL��J dollars
to be paid to the said Owner, its
successors, and assigns; for which payment, well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the certain proposal of the above bounden ' ` 1
for Warner Avenue Improvements
as specifically set forth in documents entitled "Construction of Waller Avenue
improvements, Between Algonnuin Street al3d Newland Street
all in accordance with the specifications and drawings on file at the office of City Hall,
.City of Huntington Bead California_
is not withdrawn within the period of 45 days after the date set for the opening of bids,
unless otherwise required by law, and notwithstanding the award of the contract to
another bidder, and that if said proposal is accepted by the Owner through action of its
legally cons ed contracting#thorities and f.the above bounden
C--7
PROPOSAL& CONTRACT
his heirs, executors, administraors, successors and assigns, shall duly enter into and
execute a contract for such construction and shall execute and deliver the required
Performance and Payment Bonds and proof of insurance coverage within 10 days (not
including Sundays and holidays) after the date of notification by and from the said Owner
that the said contract is ready for execution, then this obligation shall become null and
void, otherwise it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
-H2
— day of
VrE- PRE-rIMM g SECKTAM
i
a� a
�. � �� t. a t- •
(NOTE: The standard printed bond form of any bonding compa y acceptable to the O ner -
may be used in lieu of the foregoing approved sample bond form provided the security
stipulations protecting the Owner are not in any way reduced by use of the Surety
company's printed standard form.)
' STATE OF CALIFORNIA � ,�]
55
1
COUNTY OF _-----=------------ I
in the year 19 D
On this —f/!_ _ day of _-------- ----
before me. the undersigned. a No Pubhc, in and for aid Slate. personaiiy appearen
VICE RREs-& SEC--- personally Known In me !i
'? -,- NoCPtCK F.c;ic,-:'�rom�a (or proved to me on the basis of satisfactory eviaence) to op, the person who executed the
�r
II LO: „ within instrument On behd4l Of he Corporation thereinnameo, ana aCknowled ged l0 me Ina
•• rJ !
F-,)May 3. 1993 the Corporation executed it
�j WITNESS my hand and official I
i� Notary Public in and lot sa;d Slate
1^, KhOW'L F DU Vrv'JIiD9. WGC OIIs c car. 2, 2-AA—Rt. 5U
=;,@ea WDLcD• r�. tic
C-8
PROPOSAL& CONTRACT
POWER OF ATTORNEY
Kr ell Men by these Presents, That the FEDERAL. INSURANCE COMPANY, 15 Mountain View Road, Warren. New Jersey, a New Jersey Corpora-
tion, }Ids constituted and appointed, and does hereby constitute and appoint Robert M. Minot, Martha J. Chase, Linda De
Coats, Donald E. Rapp, Douglas A. Rapp, John Z. Schmidt and E. S. Albrecht, Jr. of Pasadena,
California--------------------------------------------------------------------------------------
each Its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its Corporate seal to and deliver for and on its behalf as
surety thereon or otherwise, bonds of any of the following Classes, t0•wit-
I Bonds and Undertakings filed In any Suit, matter or proceeding in any Court, Or filed with any Sheriff or Magistrate, for [he doing Or not doing of anything
Specified in such Bond or Undertaking.
2- Surety bonds to the United States of America or any agency [hereof, including those required or permitted under the laws or regulations relating to Customs
or Internal Revenue, License and Permit Bonds or other indemnify bonds under the laws, ordinances or regulations of any State, City, Town, Village,
Board or other body or organization, public or private. bonds to Transportation Companies, Lost Instrument bands: Lease bonds. Workers' Compensa-
tion bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials-
3 Bonds on behalf of contractors in connection with bids, proposals or contracts
-
In witness Whereof, the Said FEDERAL INSURANCE COMPANY has. pursuant 10 its By -Laws_ Caused Mesa presents rO be signed by ea rijifwam V.ca.Presroenr and Assistant Sacrerary and its
Cerpaate seal to be hereto alf,xed in s 1st day of January t9 88
corporate Seal
FEDERAL IN ANCE C PANY
By
--- -- Orge McClellan
A"Slanf V.Ce- Praa.Qtnt
STATE OF NEW JERSEY
SS
County of Somerset
Or, this 1 S t day of January 19 88 . before me personally came Richard D O'Connor to me known And by ne• known to oe Assivant Secretary of :he FEDERAL IN-
SURANCE COMPANY. ine C01p0•alror. described in ano whrcn executed Ine loiagomng Power of Attorney, and the Said Richard D O'Connor bung by Me duty sworn, and depOse and say that he is Aaswslanl Secretary
or the FEDERAL INSURANCE COMPANY and knows the corporate seal trereor. the: the Seat anw.eo 'o the loregCmng Power of Attorney is such corporate seal and was thereto etf+ied by authpfwly of 1.46 By Laws
of said Comparv_ and that re s gned said Power of A!;orney as ASSrslanl Secretary of set Company by like Aultorwry, and that no is acaVamled with George McClellan and knows him 10 be the Assistant Vice-Plosdene
Of said Company. Ono that the signature Cf Sad Georg* McClellan subscribed to said Power Of A!!o-ney is in the genuine manOwnting or said George McClellan and was (hereto subscribed by oulhorily Of $a -a
By Laws and in deoonert s presence
Naaral
` <1 LEO
NOTARY
._a_ O
a PUBLIC •
41 Z �
W CEPS
STATE OF NEW JERSEY
SS.
County of Somerset
Acknowledged and S-Or.n to before me
�J/pin IIn* dale aDOv an
Note? public
ALICE LEONARD
CERTIFICATION NOTARY PUBLIC OF HEW JERSEY
Lf'ty Commission Expires hrly 12 IM
the undersfrxned. Asswslari Sec•elary or Ise FEDE9AL INSURANCE COMPANY. oD rereby cenrry'n31 me follow -rig is a true ekcerpr L•om the By.Lews of IM ssra ComoanY es 800plea by in Board or Directors
on !larch f 1- 1"3 ant most recently a—enaea Mann S 1986 antl thsl this By -Law is in lull fvice and erect
._ATITICLE xvttl
Soclwon 2 All bones urldernakings con!rac!s and olhe• insu-mm.nis other than as above lot and on behalf of the Company wh Ch it is aulhori:ed by kw or as charter to a-ecure, may and shall De e.eculed
in the name and ern Denail of •ne Company ei-her .y the Chairman 0, tie Vice -Chairmen or the President or a Vice-Plpidant, lOultly with the SKr•iary Or an Assistant Secrelary. unaer their respOel"
designations except that any one or more orwcers or anofneys m fact designa!ed in any rosWulion of tie Board of Directors or the Executrve Cammrtree. or in any power of attorney executed as provided
fo: -n Section 3 bHc-. may e.ecute any such bond. unoetta'.wng of omen ohligauon as provided in such resolution or power of attorney
Section 3 Alf powers or after ney Ier and on behalf or the Company may and shall be executed in the norm• and On behWI 01 Inc Company. either by tM Chairman or the V ce-Cfyvman p the Piles Gant or a V ce
Piasdeni er an Assistant VECe-Presdent, plenty wth the SKfetary or An Assiaiant Secretary. under Ihefr respearve desrgnatons The Y"use of such Wrkyrs may Do engraved. pined or NNGgraphed The ognalute
or each of the for60wfn9 ofticars Cha• man- Vfcc Che.man. P,".Oenl. any Vice PreS~l any A5,94lant vp Presided. any SPCIIH". any Assonant Sec»rarV slid the near of the COmparly miry be affixed by raaimie
10 any power Or anod rey a 10 any ceflil"I• roaring inei ew app l ni rig Assistant Secrolanas or Anernsy}inFFeCt 9W purpOMs only of executing and shaving bonds and unaenakirgs And Whit, -filings DbhyatOry
in me natura lhereof and any such power of attorney 0, :eriricare bearing such facs:mrle c gnaiure or lacsw is a" sheer Dt vosd and brnairg upon the Company and mrly much power Ao axeCu,ed and COnwrfed by
such laeswmua 0191•o.une and facsimile $eat sham b• vand and dnavp upon the Company-flh lespeel to Any bond of undtrtakirg to -high It u anaehad "
I lu•the• certify that sad FEDERAL INSURANCE COMPANY ,$ dVfy Incensed ro iranseV rdetny and sultry buss eta m tech of the State of the United States of Amenu. Drstnct fit Columbia. Puano Rico. and each ai the
Provinces of Canada with the e.cep!won of Prince Etlwa.d Island, and we- also duly licensed 10 DKOma solo surely on bonds. underlokings. Arc . permitted of required by law
1, inn fwnae•s�gned Assistant Secretaryo! FEDERAL INSURANCE COMPANY- do hereby certify heal lha foregoing Power of Allot ney is in full force and Affect
Gwen under my nan•1 Ana Ise Seal a; sawa Cofnoa-ny at warren- N J _
L�
eRINIEC
u i5
FOrm21 100333114ev 4.E7IGENFRAL
6ao. sv
REQUEST FOR CITY COUNCIL AC ON Ixci
I_ &- Funz�-c v
Ala �
Date February 20, 1990
Submitted to: •
Honorable Mayor and City Council
APPROVED BY CITY COUNC...
Submitted by:
Paul E. Cook, City Administrator
Prepared by:
Louis F. Sandoval, Director of Public
Works
Gl Y CLERK 41
Subject:
WARNER AVENUE WIDENING
BETWEEN
ALGONQUIN STREET AND
NEWLAND STREET - CC-595
Consistent with Council Policy? X[ ] Yes [ ]
New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Pursuant to City Council approval of November 20, 1989, bids were received on January
23, 1990 for the Warner Avenue widening and median construction between Algonquin
Street and Newland Street.
RECOMMENDATION:
1. Approve the low bid by D.W. Powell Contractor and authorize the Director of Public
Works to expend $1,252,665 to cover contract costs of $1,125,150, estimated
construction contingencies of $112,515 and anticipated "incidental" expenditures of
$15,000.
2. Approve and authorize execution of an appropriate contract.
ANALYSIS:
On November 20, 1989, the City Council approved the plans and specifications for the
Warner Avenue widening including demolition of existing facilities within the street
right —of --way, curb and gutter construction, sidewalk, excavation, median construction
and traffic signal modification between Algonquin Street and Newland Street and
authorized staff to solicit construction bids. The project is part of the cooperative
agreement between the City and Caltrans, who are administrating Federal (FAU) funds.
The City'is contributing $313,202.50 with FAU contributing $811,947.50.
Bids, as summarized below, were received and opened on January 23, 1990.
Contractor
D.W. Powell
Excel Paving
Sully Miller
Shawnan Corporation
Damon Construction
Engineer estimate: $1,350.000.00
n
Bid Amount
$1,125,150.00
1,198,862.25
1,299,872.50
1,370,725.00
l ,477,892.50
No 5185
Request for Council Action
Warner Avenue Widening
February 20, 1990
Page 2
FUNDING SOURCE:
Based on the amount of a contract to D.W. Powell Contractors, the total estimated
project costs are as follows:
Contract cost: $1,125,150.00
Construction Contingencies: 112,515.00
Incidentals: 15,000.00
Total: $1,252,665.00
Sufficient funds of $1,252,665.00 are available in fiscal account #E-SF-PC-595-6-32-00.
ATTACHMENTS:
None
PEC:LFS:PN:lw
2310g/5
k ,
v910 PROPOSAL FROM
PO(Aie-11 --CLn-c1C.&L±2L5
Firms m m.
To the. Honorable Mayor and City Council, City of Huntington Beach, California:
In compliance with the notice inviting sealed proposals fair the Warner Avenue Improvements for the
Widening of Warner Avenue Between Algonquin Street and Newland Street
(:AU-M019 -006)
I hereby propose and agree to enter into a contract to perform the work herain described and to furnish the materials
therefore aecordinp to the plans, specifications and special provisions for the aid work end to the atisiection of and under
the supervision of the Director of Public Works of said City of Huntington Bank California.
The undersigned has not accepted any bid from any subcontractor or m UdWman through any bid depository, the by Jews,
rules or regulations of which prohibit or prevent the contractor from tansiilwing any bid from any vAbcontrador or
materialmen which is not processed through said bid depository, or which prevwrt any subcontractor or natarialmeo
from bidding.to any contractor who does not use the facilities of or accept bids from or through sect bid depository.
For the furnishing of all labor, materials and equipment, and or ell incidsnW work necessary to delivar all the improrohtwnts
complete in place in strict conformity with the plans, spedfaItions and special provisions, on file is the office of the
Director of Public Works, City of Hunti"n l sw*, California, I propose and qW to take fall payment therefore at the
following unit prhm, to wit:
ITEM
NO-
APPROXIMATE
QUANTITY
ITEM WITH UNIT PRICE
WRITTEN IN WORDS
UNIT
PRICE
TOTAL
Mobilization at 40d2e�
1.
Lurrp Sum
4 //Ql._4
/Q0,4ao-
-:/t�Gi/1.5 _
-per lump sum.
Demolition at
2.
Lug Sum
per lung sum.
Excavation and grading at - 7-e2 O_p/ rs,
3.
81000
per cubic yards.
Asphalt concrete at 1
4.
2, 900 Tons
per ton.
I
Aggregate base at j(t h4 -Z)to I.1Ar; S,
5.
10, 750 Tons
per ton.
i
P-1
IT* FA
pod.
' AI►AOJUr1ATM;
CRUUMTf
ITEM IMITN UNIT MACE
Was TMIIINWorms
UNIT
FgIC�
TOTAL
Construct type A-2 curb and gutter at
6.
3,8001.f.
fir? 1 o ll of rS•
per linear foot
Construct F.C.C. sidewalk at _ 1-, o
7,
36.400 s, f,
r701 a r 5.
Z , �
7 Z, Flao.
per square foot
Install 1 1/2" street light conduit at
8.
3,750 L.F.
,tfn / 4r5.
per linear foot.
Construct wheelchair rates at r
_ 9 •
15 each
per each
Install 15 gallon trees in wells at
10.
8 each
D N 4-S
r
y00.
3, ZDa.
per each
Construct concrete cross gutter at
lI.
4 each
3
,
/2
per each
Construct modified driveway at
12.
1 each
S4 n rJ a2 // ,--5
4 p p b.—
I,Ooo
per each
Construct 8" A C berm at e v
.13.
675 l.f.
3•
'Z,DZ,s.
per linear foot
Relocate fire hydrant ati2a to
14.
4 each
f �. �]Lkyldfpd ! fC,
%b0 . �
�, ODo• `_
each
Modify traffic signal at Warner/Gothard Streets
15.
Lunp Sum
S /X 7`v r u c- //7 0 [1S�n <y
5�
po per lug stun
P-2-
ITEW
No.
APPROXWAATE
Ix1AIMTY
ITIN WITH UNIT MICE
lIM E V IN IN An o
UNIT
VRK4
TOTAL
Modify traffic signal at Warner/Nichols at
16.
i
Lung Sun
D //QrS .
, di
per lump sun
Modify traffic signal at Warner/Beach Blvd. at
17.
Lump Sun
?d /lllr5 per lump sun
Construct curb retaining wall at r
18.
220 1.f.
i--s .
8�
.1:2D
'
per lineal foot
19 .
26 - 000 l . f .
Construct B-1 median curb (8 " C.F.) per Std.
201, Type B-1 at /C, Ile- DD 1l& 4_—
A7 v �� � f S per lineal foot
5, 50
,V3,DeO- i
Install 4' safety railing at
f
20.
150 l.f.
oD / rS.
�- -
7,��•
per lineal foot
`
Install K rails at p
21.
25 l.f.
y0
/faoo y
per lineal foot
Raise manholes to finished grade at
22.
1 each
/ �rc� ec� D 1l0rC-
per each
Raise watervalve boxes to finished grade at
23.
2 each
��
�� , i7it rtr���- L7D I l
1
7M
per each
- --
"4N
-
Install 12" 0 CMP strap drain at
24.
240 l . f .
_ 2&2 eI-) S,
zA . '
I7 X , f
per lineal foot
Remove traffic stripes and pavement markers at
25.
18,000 s.f.
21 1Zd iwtlo &JCJU�
�, Zs
22, S�4
l ire feet
P- 3
r
ITEM `
40.
.
APPROXIMATE
CKJW4P MTY
ITEM MMITN UNIT P IICE
wRrffm IN MM m"
UNIT
PRICE
TOTAL
Construct temporary inlet strucutre at
26.
1 each
.S P 11 e n Ou f� d rp C1 D� 11a rs.
��77^^
/�/V
r each.
Pavementmarkers(non-reflecting) at
27.
7,000 each
-� Q- JQ�Lgr� C �1S'
r each.
Pavement markers (reflective) at��f12
28.
1,300 each
�� 1L(� r S .
per each.
i
Slurry seal manhole, install 10' + 22" x 13"
j
C.M.P.A. connection pipe at -D
29.
Lump Sum
: h ou Sand D 011 � �
-Z� �
Z 606
per lump sum.
Excavate Median areas at ViLzfh 2sz
30.
2,675 c.y.
/'1 V 12Q ! lgrs.
ZS
!____per
cubic yard
Install irrigator cross-overs at TW e /P e-,
31.
5,500 1.f.
Dn 1 Qrs.
r lineal foot.
Import material for medians at P/J
32. 2,675 c.y. �22ZM7,rS_
TOTAL AMOUNT' IN WORDS:
7-60
TOTAL AMOUN' IN FIGURES
P-4
h is undereteod and BMW that the approxinab 40nti shown is the forpoiap proPMI Whednfe IN eolefy for
tM p--p"so of fad*oft the sotreperhon of kids and that the contractor's cooper ofto will be soaeprted upon the bass
of the SMO ,wp*Me is tfie ara#ii4rd work, whaft dWy be sin or lent On tbia shown beriia st the unit price bid
Is the prepmml eahmduis.
Tire as A dp o radentende the oontroot 60 lid aMitrd fir tfn aintreet is 85 working -- days.
if Ion .1 d the oeatrsrrt, the udmrwipttid booby ever tie asid @Now Bad fantasb the amom tummy bonds within
tea (10 do" of As ewerd of aid contrast, old to keBitt oak t~ (1a deye front tw date of eppnnr i rf the cow
too by tw City of Hoodaptoa Boob, Cmlifonds.
The raadwsipted has exondwed cmrefully the eia of the wick saatetapMted, the plmru and sp- Micmtions, mad the
Propose! and ooatrset feran therefor. The aiatis ihm if i bid *W be eradadne o--9-4 a dot the bidder ha
aid is setiell m asto the waditseae to be eao muMvied. r m the ckriitsr, OaiiKy. sad scope of wait m M perfarwed. the
+watities of into t o to be I'll. ed. end as to the n'nirnaeab of the propewl, pimas, mI All. - bows. ad the antraet.
Aoeeatpeayinp thb prb is 2)1 c a e r-L O r ►ci _ - (; ?•
NOTICE: bmt do words "Cab," "Cwtilied Cbeak." or "Bidder's UK" a the tees my be. In ea sommont ipel m at
keel 10 percent of the tote) bid prise, peyebls to the City of liiadogton Malt.
The uadwaip med depo sat the above to the
City of Hondapbea Brecb n isgaidnW dmm■ps is ear this prepoM is maptmd by the City sad the sradersipaed eMp fad
to exeaite a aaeraet fir doiap edd work and to farsridt psed sad affleieat brads In the fens at fretb is the nadflooftae
sad m*ntdnmmnbof tiro City,vft swsdy wtMlaitiry m the Cky width 1O days mftsr tM bidit bee nwiwd witba
astlee rf the iswrd of the esaereetr ntheraloe mead seearfty shag be ret nW to do padardp od.
i.i0ealed is ai00rditrae with is amt pri�Mietq fir the ri�Arltiaa srf earr0iit License Ne. . .-r.�....-�--- . .
Beans Address —���s � n a n c` fi o'? . i-oh-Aa n a _ ['4 y 2 3 Is -
folios of RemWo ce Cou/
Dated this by rf �Q �1 ._. -- .., Is 9 (o .
Bidder slap dgWy receipt of all Addends hers, if may:
Addendum Me. Date Reodred
oww's 8intare
�5
PROPOSED
INFORMATION REQUIRED OF BIDDER
Bidder is required to supply the following Information. Additional sheets may be attached if
necessary.
I. Firm Name: Ol.tl �1 Cons4ruc-3ECIZZ
23 3
2. Address: S t. 3� Tele.�phone(7l
4. Type of firm —individual, partnership, or corporation: _J. V .
i. Corporation organized under the taws of the State of: ---
6. Contractor's License Number: N JA
7. List the names and ddress of all members of the firm or names and titles of all officers of
the corporation: Cp /
D.W. Powel► nn�r�..T�:� 1e�d� • Or�� 1 r
Pow 19Ow e Pr l n C f J04-
8. Number of years experience as a contractor in construction work: Za
9. List at least six projects completed as of recent date:
CONTRACT
CLASS OF
DATE
AMOUNT
WORK
COMPLETED
NAME, ADDRESS & PHONE NUMBER OF OWNER
1,gG0,
Fe f, - Pq 94
C 14Y 4-,j,
C�r�ru 5
CD 1 0 ,1 `fyL-S
Mi `l
oao -
�r�dy G
�a- ��
�; AY
f
y !o L o - 3boo
hl.9hw t y'
L 71;1-lvlr5
036 pAo. -
I&,cle n
?�
�/� -6 2��
7-7-91-75
ZJ
47
10. List the name of the person who Inspected the site of the proposed work for your
firm: �//C Lo _ /DO Lu e //
Date of Inspection:
11. If requested by the City, the bidder shall furnish a notarized financial statement, financial
data, or other Information and references sufficiently comprehensive to permit an
= appraisal of his current financial condition.
P— 6
DESIGNATION OF SUBCONTRACTOR
In compliance with the °Subletting and Subcontracting Fair Practices Act" being Section
4I00-4113 of the Government Code of the State of California, and any amendments
thereto, each bidder shall set forth below the name and location of the place of business of
each subcontractor who will perform work or labor or render service to the prime
contractor In or about the construction of the work or improvement In an amount In excess
of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further
set forth the portion of the work which will be done by each subcontractor. Only one
subcontractor for each portion shall be listed.
If the contractor fails to specify a subcontractor for any portion of the work to be
performed under the contract, he shall be deemed to have agreed to perform such portion
himself, and he shall not be permitted to subcontract that portion of the work except under
the conditions hereinafter set forth.
Subletting of subcontracting of any portion of the work to which no subcontractor was
designated in the original -bid shall only be permitted In cases of public emergency or
necessity, and then only after a finding reduced to writing as a public record of the
Legislative Body of the owner.
PORTION
OF WORK
SUBCONTRACTOR'S NAME AND ADDRESS
STATE LICENSE
NUMBER
CLASS
�9
Qm
By submission of this proposal, the contractor certifies:
I. That he is able to and will perform the balance of all work which Is covered In
the above subcontractor listing.
2. That the City will be furnished copies of all sub -contracts entered Into and
bonds furnished by subcontractor for this project.
P-7
3-31-69
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS
CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY
CLAUB$ AND THE FILING OF REQUIRED REPORTS
The bidder J. , oposed subcontractor �, hereby certifies
that he has ✓ has not __; participated in a previous
contract or subcontract subject to the equal opportunity
clause, as required by Executive Orders 10925, 11114, or
11246, and that he has ✓ , has not filed with the
Joint Reporting Committee, the Director of the Office of
Federal Contract Compliance, a Federal Government contracting
or administering agency, or the former President's Committee
on Equal Employment Opportunity, all reports due under the
applicable filing requirements.
TCompany �,
Date: --
Notes The above certification is required by the Equal Employ-
menE Opportunity Regulations of the Secretary of Labor (41 CFR
60-1.7(b)(1)), and must be submitted by bidders and proposed sub-
contractors only in connection with contracts and subcontracts
which are subject to the equal opportunity clause. Contracts
and subcontracts which are axe from the equal opportunity
clause are set forth in 41 CFR 60-1.5. (Generally only contracts
or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required
by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated
in a previous contract or subcontract subject to the Executive
Orders and have not filed the required reports should note that
41 CFR 60-1.7(b)(1) prevents the award of contracts and subcon-
tracts unless such contractor submits a report covering the
delinquent period or such other period specified by the Federal
Highway. Administration or by the Director, Office of Federal
Contract Compliance, U.S. Department of Labor.
FORM MC-44
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
DEBARMENT AND SUSPENSION CERTIFICATION
The bidder under penalty of perjury, certifies that except
as noted below, he/she or any person associated therewith in the
capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary
exclusionr or determination of ineligibility by any
federal agency;
has not been suspended, debarred, voluntarily excluded,
or determined ineligible by any federal agency within
past three years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil
judgement rendered against it by a court of competent
jurisdiction in any matter involving fraud or
official misconduct within the past 3 years
If there are any exceptions to this certification, insert the
exceptions in the following space.
Exceptions will not necessarily result in denial of award, but
will be considered in determining bidders responsibility. For any
exception noted above, indicate below to whom it applies,
initialing agency, and dates of action.
Note: Providing false information may result in criminal prosecution or
administrative sanctions.
The above certification is part of the Proposal. Signing this
Proposal on the signature portion thereof shall also constitute
signature of this Certification.
Fed. 8-22-38
FAU-M-019-006
PROPOSAL
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92649
Gentlemen:
The undersigned hereby proposes to perform all work for which a contract may be
awarded him and to furnish any and all plans, labor services, materials, tools, equipment,
supplies, transportation, utilities and all other items and facilities necessary therefore as
provided in the Contract Documents, and to do everything therein for the construction of
Warner Avenue Widening Improvements (bid items are included in the 'Bid Proposal"
section of these specifications) as specifically set forth in documents entitled "Street
Improvements for Widening Warner Avenue" (FAU-M019 006) together with appurtenances
thereto, all as set forth on the drawings and in the specifications and other contract
documents; and he further proposes and agrees that if this proposal is accepted, he will
contract in the form and manner stipulated to perform all the work called for by
drawings, specifications and other contract documents, and to complete all such work in
strict conformity therewith within the time limits set -forth in the Bid Sheet(s) forming a
part thereof.
A *Cashier Check *Certified check *Bid
properly made payable to: may_ of Huntington Beach hereinafter designed as the Owner,
for the sum of 7e,7 Pecee--rdollars
($ __ _ ), which amount is not less than 10 percent
of the total amount of this bid, is attached hereto and is given as a guarantee that the
undersigned will execute the Agreement and furnish the required bonds if awarded the
contract and, in case of failure to do so within the time provided, the *proceeds of said
check shall be forfeited to the Owner *Sureties liability to the Owner for forfeiture of the
face amount of the Bond shall be considered as established.
It Is understood and agreed that:
1. The undersigned has carefully examined all the contract documents which will
form a part of the contract; namely, Notice Inviting Bids, the accepted Proposal,
the Bid Sheet(s), the List of Subcontractors, the Bid Security Form for check or
bond, the Agreement, the Faithful Performance Bond, the Payment Bond, the
Non -Collusion Affidavits, the Certification with regard to the performance of
previous Contracts, the Guaranty, the Special Provisions, the Plans. the Standard
Plans, the Standard Specifications of the California Department of
Transportation, dated January, 1998 and all additions, deletions, modifications and
appendices and all addenda as prepared prior to the date of bid opening setting
forth any modification or interpretation of any said documents.
C-1
FAU-M019-006
2. The undersigned has by investigation at the site of the work and otherwise
satisfied himself as to the nature and location of the work and has fully informed
himself as to all conditions and matter which can in any way affect the work or
the cost thereof;
3. The undersigned fully understands the scope of the work and has checked carefully
all words and figures inserted in this proposal and he further understands that the
Owner will in no way be responsible for any errors or omissions in the preparation
of this proposal;
4. The undersigned understands the contract time limit allotted for the contract is
35 working days.
5. The undersigned, as bidder, declared that the only persons or parties interested in
this proposal as principals are those named herein; that this proposal is made
without eollution with any other person, firm, or corporation and in submitting
this proposal, the undersigned bidder agrees that if it is determined that he is the
successful bidder, he will execute the non -collusion affidavit required by the
Federal requirements set forth under Section 6 of these special provisions.
Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates set forth in
the Department of Transportation publication entitled General Prevailing Wage Rates,
which is a part of the contract, shall be posted by the Contractor at a promient place at
the site of the work.
The prevailing wage rates to be posted at the job site will be furnished by the department.
If there is a difference in the minimim wage rate predetermined by the Secretary of
Labor and the prevailing wage rates determined by the Director of Industrial Relations for
similar classifications of labor, the Contractor and his subcontractors shall pay not less
than the highest wage rate.
If awarded the contract, the undersigned hereby agrees to sign said contract and furnish
the necessary bonds within ten (10) days of the award of said contract, and to begin work
within ten (10) days from the date of aproval of the contract by the City of Huntington
Beach, California.
The undersigned has examined the location of the proposed work and is familiar with the
plans, specifications and special provisions and the local conditions at the place where the
work is to be done.
Accompanying this proposal is
(Insert the words cash, cashier's check,
certified check, or bidder's bond, as the case may be.)
Business Address 2S 'e . a 3
Place of Residence CO U i rn 4 ' CA
Dated this _ 2 3 day of -1 , 19 10 if
Signat of Bidder
C-2
FAU-M 109-006
LIST OF SUBCONTRACTORS
The bidder is required to furnish the following information in accordance with the
provisions of Section 4100 to 4113 inclusive of the Government Code of the State of
California.
Address of
Office, Mill
Name of Subcontractor or Sho
Specific
Percent of Description
Total of
Contract Subcantract
Do not list alternative subcontractors for the same work.
C-3
:IhIF.'01 CA1.4!tf11JIl'-
ls,, ;� •;i.l
1::ovuv to .. San Bernardino.
OFFICIAL SEAL
SAf4DRA J LOYELL
NOTARY PUBLIC-CALIFORNIA
91M410MM14.
SM BUMMIM COLWY
EXP. MAR. 12,1"1
y
IN Ws 2.3 rlay "I January, ,+) tnr i^x9;900I
11+lrer' Mr IN IIIHNIA"I-1. a •'WMV )'LIN 111 1'10 I!lr S,rul Slale, 1)ersw Ify zpe'jj!C
Doyle W. Powell
... J)Rf vmal'V ' nowm to iSle,,•
rnr 1,'1rvPrl hi •nn nn 111! IIa+": nl y r•vul++;u ,I hl hr ihr, persoii -_ wrIr':q namQ >�
As. SIIh.r' II+ed 10 11I!• WIj1'In rn•:If II'nr!n1• ,iurt ;,rkihiw1edgerJ ro rnr MA _hew T i
WIIrdfir rrr I,'Id an(1 ntiq 1:11 Thal
IJnr,)ry I'i,Jr!ir. In .1ml tnr SjuO 51,11r, w.rti
IF
1
F
.•
NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California
as.
County of Orange
.16sl W.41�c-!/ being first- duly sworn, deposes and
says that he or she is 77�1 of Avirll C'Or��frr�r�r�
the party making the foregoin bid that the bid is not made in
the interest of, or on the behalf of, any undisclosed person,
partnership, company, association, organization, or corporation;
that the bid is genuine and not collusive or sham; that the
bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly
or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of
the bid price, or of that of any other bidder, or to secure any
advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has
not, directly or indirectly, submitted his or her bid price or
any breakdown thereof,or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay
fee to any corporation, partnership, company association, organi-
zation, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
C TES & Zj_,2 a e1_ ciP.
Address of 5iddtr
j
7"
ALL SIGNATURES MUST BE WITNESSED $y NOTARY
fatta.ch appAop%t.wte JuAat-61
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the
State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set
forth on the reverse side hereof and are hereby certified to be in fuUorce and effebl-Qn the date hereof, does hereby nominate,
constitute and appoint Linda D. Coats of Rosemead ifornia tir.....
M true and lawful agent and Attorney -in -Fact, to make, e:
any and all bonds and undertakings..
And e execution of such bonds or undertakings in IGshk
and amply, to all intents and purposes, as if they )bee
the Company at its office in Baltimore, Md., itr"own
The said Assistant Secretary does hereby cefy that the,
Section 2, of the By -Laws of said Comp ';;and is no i
IN WITNESS WHEREOF, the said V` !�i esident a k:
Corporate Seal of the said FIDELITY Alm DEr
July , A.D. 19_$7 �y?
FIDELITY AN6I? 1
ATTEST:
STATE OF MARYLAND
Cm of BALTIMORE ) �:
on its behalf as surety, and as its act and deed:
ce of thes�p��iAeBents, shall be as binding upon said Company, as fully
duly,A4�-ci�ed and acknowledged by the regularly elected officers of
keet set forth on the reverse side hereof is a true copy of Article VI,
Secretary have hereunto subscribed their names and affixed the
OF MARYLAND, this 24 th day of
COMPANY OF MARYLAND
By ....................... _.._........_._...__
....�....... .......•
Vice -President
On this 24th day of July , A.D. 19 87, before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by
me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subsmgied to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and
year fi><st above written.
o
4' j,01�11y'�7
t�
''�•":;' Notary Public Comm' io xpires July 1 , 1990
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that
the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this
certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -
Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of
the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made
heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid
and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 18
day of January 19 90
012-7806 Assistant Secretary
191
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -
Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents,
Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the
seal of the Company thereto."
L1428b
,`=-==7`=�-_�,�
-
S|AJEOF CALIFORNIA
COUNTY OF
7
=
Ss
On 1his day 01 in -the year 19
before me, the undersigned, a Nullaly Public in and for said State, personally appeared."'.
personally known to
(or proved to ine on the basis of salisfaclory evidence) lo be the person— whose name"
|EXP.executed--—'
WITNESS my hand and official seal
Nolary Public in an (or sa�d State. V�-
FAU-M019(006)
To the City of Huntington Beach, Department of Public Works:
The undersigned in submitting a bid for performing the following work by
contract, being duly sworn, deposes and says:
That he has not, either directly or indirectly, entered into any agreemeent,
participated in any collusion, or otherwise taken any action in ' restraint of free
competitive bidding in conneciton with such contract.
VJP•
Business Address
Co U r n 6`. C4-
Place of Residence
_ Subscribed and sworn to before me this
r 19--•
;i
•r
Notary Public in and for the County of
, State of California.
My Commission Expires , 19
day of ,
PROPOSAL & CONTRACT
t 14
FAU-M019(006)
CERTIFICATE
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS
OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE
FILING OF THE REQUIRED REPORTS.
The bidder , proposed subcontractor ,hereby certifies that he has ,has
not , participated in a previous contract or subcontract subject to the equal
opport sty clause, as required by Executive Orders 10925, 11114, or 11246, and that he
has , has not , filed with the Joint Reporting Committee, the Director of the
Office of Federal Contract Compliance, a Federal Government contracting or
administering agency, or the former President's Committee on Equal Opportunity, all
reports due under the applicable filing requirements.
By
(Title)
/,
40. 21110
Date
Note: The above certification is required by the Equal Employment Opportunity
Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1), and must be submitted by
bidders and proposed subcontractors only in connection with contracts and subcontracts
which are subject to the equal opportunity clause. Contracts and subcontracts which are
exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only
contracts or subcontracts of $10,000 or under are exempt).
Currently Standard Form 100 (EEO-1) is the only report required by the Executive Orders
or their implementing regulations.
Proposed prime contractor and subcontractors who have participated in a previous
contract or subcontract subject to the Executive Orders and have not filed the required
reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and
subcontracts unless such contractor submits a report covering the delinquent period or
such other period specified by the Federal Highway Administration or by the Director,
Office of Federal Contract Compliance, U.S. Department of Labor.
!i~l 5
PROPOSAL do CONTRACT
FAU-M019-006
CERTIFICATION OF NON -SEGREGATED FACILITIES
Federally Assisted Projects
The federally assisted construction Contractor certified that he does not maintain or
provide for his employees any segregated facilities at any of his establishments, and that
he does not permit his employees to perform their services at any location, under his
control, where segregated facilities are maintained. The federally assisted construction
Contractor certifies further that he will not maintain or provide for his employees any
segregated facilities at any of his establishments, and that he will not permit his
employees to perform their services at any location, under his control, wherre segregated
facilities are maintained. The federally assisted construction Contractor agrees that a
breach of this certification is a violation of the Equal Opportunity clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms,
work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks,
locaker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for
employees which are segregated by explicit directive or are in fact segregated on the
basis of race, creed, color, or national origin, because of habit, local custom or
otherwise. The federally assisted construction Contractor agrees that (except where he
has obtained identical certifications from proposed subcontractors for specific time
periods) he will obtain identical certifications from proposed subcontractors prior to the
award of subcontracts exceeding $10,000 which are not exempt from the probisions of the
Equal Opportunity clause, and that he will retain such certifications in his files.
NOTE: The penalty for making false statements as offers is prescribed in 10 U.S.C. 1001.
towe/1
Company
By
Title
i
Date
C- 17
c
CITY OF HUN'T'INGTON BEACH
2000 MAIN STREET P. 0. 13OX 190 CALIFORNIA 92648
Louis F. Sandoval
Director
1
Notice to Bidders:
MWE"IUAL 1
WARNER AVFNUF WIDENING
CC-595
FAU - M019 (006)
January 17, 1990
Public Works Department
(714) 536-5431
This addendurn is to SLrve as ciarificatio:i of various Items :i the Plans and
Speciflrations. I F.is receipt of this addendum; dated January 17. 1990 shah be
acknowledged by 411 bidders.
The cost to c:onstruc: the oroaosed drive -mays on sheet 4 and 7 shall tle included ir. the
N.L.L. stneu•wE wo stern.
Tl-ie Si" C F. rr«difUn curb shall be pvr Standaid 201, B+ I, which will require '�awcutting.
excavation �11.Ld a concrete slot Insert 2fter- construction, all costs to be included u::Oer the
mtl dln n curb bid itc!m.
In the Notice invitin; sealed bldN, item Number 3 shou'd be 8,000 C.Y., not Tolls as
Indicated.
very trlEly yours,
r
IViilIam A. Patapo f
Acting City Enginepr
1. AI':PN:d+w
1 h": is Co receipt and review of Addendum Number One, da wd Jts::krary 17,
1990. it is trndel stood that this addendum Aial! be included in theAid docur*:•ents.
(: ollip.iny By
2302g/2
Date
;.'EA '..I s.:.tn t_L-40M-4Z •Qr rusts c,c.,'L9ZS_VTJ :ni S>iND', JI Bndz&i :1!3 AiD:WONA
BIDDER DBE INFORMATION
Agency. Bidder pow e. l
Fed. Project Number F,4U- Ma 19-006 Address -Ss8 5 B4 nQna AtiP ,
Project Location I-A)a r n e r � Uenu e, ! `
Person completinq this
y� form
Name.��...:,�y
Phone No. 17, Lr
SAME OF DBE
DOLLAR VALUE OF
DESCRIPTION OF WORK CONTRACT ITEM 00. SUBCONTRACT
.-•-
Ci
S
�Gr
Z /aoa ---
GOAL ACHIEVED
DBE AMOUNT S �pD - /
BID AMOUNTS
GOAL ASSIGNED DBE KILL BE CERTIFIED BY CALTRASS
THIS FORM WILL BE USED TO PROVIDE
x REQUIRED DBE INFORMATION
w
Cori 5 f r ti c �OrS
�aaa, 14oe-
City of Huntington Beach
Sealed Bid: warner Avenlie Improvements
for the widening of Watt Avenue Between
Algonquin Street and New''and Street
(FAU:-M019-006)
Bid Date: January 23, 1� 90
R
P. L
REQUEST FOR CITY
Submitted to: Honorable Mayor and City Council
Submitted by: Paul E. Cook, City Administrators&
N-
/ - -A
COUNCIL ACTION
Date November 13, 1989
Prepared by: Louis F. Sandoval, Director of Public Works
APPROVED BY CITY COUNCI -
/
ci Y CLF x
Subject: WARNER AVENUE RECONSTRUCTION AND WIDENING BETWEEN
ALGONQUIN STREET AND NEWLAND STREET; CC-595
Consistent with Council Policy? ] Yes [ j New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT F E:
The existing street on Warner Avenue, between Algonquin Street and Newland Street
needs to be widened from four lanes to six lanes.
RECOMMENDATION:
Approve `plans and specifications, and authorize staff to advertise for bids, subject to
Caltrans notification.
ANALYSIS:
The plans, specifications and estimate have been reviewed and approved by Caltrans and
all necessary property adjacent to Warner Avenue has been acquired. The right--of-way
acquisition has been approved by Caltrans and the Certification forwarded to the Federal
office (FHWA) in Sacramento for their approval.
The Department of Transportation will issue the City with the "permission to advertise"
upon Federal approval of the right-of-way. Therefore, the Director of Public Works
recommends that Council approve the plans and specifications and authorize staff to
advertise for bids, subject to Caltrans notification..
FUNDING SOURCE:
Estimated Cost of Project:
Source of Revenues:
ALTERNATIVE ACTION:
$1,704,190.00
FAU (Federal): $1,094,350.00
Account #74590 Gas Tax: ,609,840.00
TOTAL $1,704,190.00
Do not approve plans and specifications and do not authorize staff to solicit bids.
ATTACHMENTS:
None ,
PEC: LFS:PSN:dw
PI051853
NOTICE INVITING BIDS
cc - s95`
Notice is hereby given that sealed bids will be received by the City of Huntington Beach
at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach,
California, until the hour of 1Q 00 a•m_ on ,fin ry 2 , 1990, at which time they will be
opened publicly and read aloud in the Council Chambers for the reconstruc ion of Warner
Avenue. _iRCiUring raised m c fans tween Aleonguin � an�N?wl�nd tr e in the
City f Hun tin ton Be.,_�iforni�, in a rdance with nlan�and specific ion�an_d
specia_l�r visions Qn fi.le in the office_of._Lhg� Director of Put�lic Works in the City of
Huntington Beach.
A set of plans, specifications, and other contract documents may be obtained at the
Department of Public Works, 2000 Main Street, Huntington Beach, California, upon
receipt of a non-refundable fee of L25_.QO, after December 13, 1989..
Each bid shall be made on the Proposal Form and in the manner provided in the contract
documents, and shall be accompanied by a certified or cashier's check or a bid bond for
not less than 10% of the amount of the bid, made payable to the City of Huntington Beach.
The Contractor shall, in the performance of the work and improvements, conform to the
Labor Code of the State of California and other laws of the State of California applicable
thereto, with the exception only of such variations that may be required under the special
statutes pursuant to which proceedings hereunder are taken and which have not been
superseded by the provisions of the Labor Code. Preference to labor shall be given only in
the manner provided by law.
No bid shall be considered unless it is made on a form furnished by the City of Huntington
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 Huntington Beach reserves the right to reject any or all
bids.
By order of the City Council of the City of Huntington Beach, California the 6th of
November, 1989.
-ConaLe- —13rQckway —
City Clerk of the City of Huntington Beach
2000 Main Street (714) 536-5431
2254g/6
wylltarl: r0 to ►rOMr+ AOtrWt*WVAW" of M tffiel wa" M*k
0►10f fe &I Decree of the S.W er COWL Of Oren" County.
CL�190tnra. Number A-O? 14. 661e6 tf11 "plember. 1961. and
A-24a.71, Need 11 Jww. 1963
STATE OF CALIFORNIA
County of Orange • »
!M 0 P" go- WNW
I am a Citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years. and not a party to or interested in the below
entitled matter. I am a principal clerk of the 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 Tnvitina Bids
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 3
consecutive weeks to wit the issue(s) of
December-7 , 1989
December 13
1989
December 20 , 1989
198
198
I declare. finder penalty of perjury, that the
foregoing is true and correct.
Executed on December 20
at Costa Mesa, California.
i�� bee'✓•
Signature
wo-
PUBLIC NOTICE
or a bid bond for not'less
than 10% of the amount of
NOTICE
the bid, made payable to the
INVITING BIDS
City of Huntington Beach.
CC-595
Labor Code of the State of
Notice is hereby given that
California and other laws of
sealed bids will be received
the State of California appli-
by the City of Huntington
cable thereto, with the ex -
Beach at the office of the
ception only of such vari-
City Clerk at City Hall, 2000
ations that may be required
Main ,Street, Huntington
under the special statutes
Beach, California, until the
pursuant to which proceed -
hour of 10:00 a.m. on Janu-
ings hereunder are taken
ary' 23, 1990, at which time
and which have not been
they will be opened and pub-
superseded by t h e
licly and read aloud in the ,
provisions of the Labor
Council Chambers for the
Code. Preference to labor
reconstruction of Warner
shall be given only in the
Avenue, including raised
manner provided by law.
medians, between Algon-
No bid shall be considered
,quin Street and Newland
unless It is made on a form
Street In the City of Hunt-
furnished by the City of
ington Beach, California, in '
Huntington Beach and is
accordance with the plans
made in accordance with the
and specifications and
provisions of the proposal
special provisions on file in
requirements.
the office of the Director of
Each bidder must be
Public Works, in the City of
licensed and also pre -
Huntington Beach.
qualified as required by law.
A set of plans, specifi-
The City Council of the
cations, and other contract
City of Huntington Beach re -
documents may be obtained
serves the right to reject any
at the Department of Public
or all bids.
Works, 2000 Main Street,
By the order of the City
Huntington Beach, Cali-
Council of the City of Hunt-
fornia, upon receipt of a
Ington Beach, California the
non-refundable fee of
6th day of November, 1989.
$25.00, after December 13,
Connle Brockway, City
1989.
Clerk of the City of Hunt -
Each bid shall be made on
Ington Beach
the Proposal Form and In
Published Orange Coast
the manner provided In the
Daily Pilot December 7, 13,
contract documents, and
20, 1989
shall be accompanied by a !
Th955
certified or cashier's check
PROOF OF PUBLICATION
' - PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
E N r
o '
NOTICE OF PUB_ LIC HEARING
ON THE `
DRAFT ENVIRONMENTAL ASSESSMENT/ ,
DRAFT ENVIRONMENTAL IMPACT REPORT
FOR THE
WARNER AVENUE WIDENING
AND
RECONSTRUCTION PROJECT
N
2
U
m
A
0
o
L
C3
NORTH Ja
O
m
W
WARNER AVE. m
z
PROJECT LIMITS
WHATS BEING
The City of Huntington Beach is proposing to widen Warner Avenue
PLANNED
between Newland Street on the east and Algonquin Street on the west to
a full 6lanes. The widening will affect limited segments along the
4 mile route. This project is proposed to be funded from the Federal Aid
Urban program.
WHY, THIS AD?
The effects of the roadway widening have been examined in an
Environmental Assessment/Environmental Impact Report. This notice is
to tell you of the availability of the report for you to read and to notify
you of'a public hearing.
ENVIRONMENTAL
The EA/EIR indicates that the roadway widening will involve historic
EFFECTS AND
properties and will occur in an area subject to flooding. Some business
MITIGATION
and residential displacement will occur. The report also describes
MEASURES
Mitigation !Measures incorporated as part of the project.
WHATS AVAILABLE?
Copies of the WEIR are available for review at the City of Huntington
Beach, Department of Public Works, 2000 Main Street and at the
Huntington Beach Central Library, 7111 Talbert Avenue.
WHERE YOU
Do you have any comments about this EA/EIR? Would you care to make
COME IN
any other comments on this project? If so please attend the PUBLIC
HEARING.
TIME: 7:00 PM
DATE: Wednesday, December 16, 1987
PLACE: City Council Chambers
Huntington Beach City Hall
2000 Main Street
Tentative schedules for right-of-way acquisition and construction will be
discussed, as well as relocation assistance programs.
The hearing is being held prior to making a commitment to the
alternatives being presented. No plans will be finalized until the
complete public record has been analyzed, including data gathered at the
hearing. The hearing record will be held open until December 29, 1997.
WRITTEN Prior to December 28, 1987 you may send written comments for
COMMENTS inclusion into the record to Mr. Bill Waddell, City of Huntington Beach,
2000 Main Street, Huntington Beach, CA 92648.
CONTACT For more information about this project call !Mr, Bill Waddell at
(714) 536-5524
Alicia Wentworth, City Clerk, By Connie Brockway, Deputy Clerk
Authorized to Publish Advertisements of all kinds including public
notices b; Decree of the Superior Court of Orange County,
California. Number A-6214, dated 29 September. 1961, and
A-2(:831. dated 11 June. 1963.
STATE OF CALIFORNIA
County of Orange Pubu[ NotKe Adv*r IWV cov«�A
M by IN$ aMmvn 12 sN in ) =1
.inn 10 pica cblurtu+ Idle
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the 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 Publi r Heari nq
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 one time
consecutive weeks to wit the issue(s) of
Nov. 16 198 7
, 198
, 198
, 198
198
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on Nov.. 16 , 198 ?
at Costa Mesa, California.
�P
v Signature
X
PROOF OF PUBLICATION
0
NOTICE OF PUE"al"_ EARING
ON THE
DRAFT ENVIRONMENTAL ASSESSMENT/
DRAFT ENVIRONMENTAL IMPACT REPORT
FOR THE
WARNER AVENUE WIDENING
AND
RECONSTRUCTION PROJECT
Z U m Z
Z
= Q
0 4 a 3
z
"S
8 O m w
NORTH a to WARNER AVE. Z
PROJECT LIMITS
WHATS BEING
The City of Huntington Beach is proposing to widen Warner Avenue
PLANNED
between Newland Street on the east and Algonquin Street on the west to
a full 6lanes. The widening will affect limited segments along the
4 mile route. This project is proposed to be funded from the Federal Aid
Urban program.
WHY THIS AD?
The effects 'of the roadway widening have been examined in an
Environmental Assessment/Environmental Impact Report. -This notice is
to tell you of the availability of the report for 'you to read and to notify
you of a public hearing.
ENVIRONMENTAL
The EA/EIR indicates that the roadway widening will involve historic
EFFECTS AND
properties and will occur in an area subject to flooding. Some business
MITIGATION
and residential displacement will occur. The report also describes
MEASURES
Mitigation Measures incorporated as part of the project.
WHAT'S AVAILABLE?
Copies of the EA/EIR are available for review at the City of Huntington
Beach, Department of Public Works, 2000 Main Street and at the
Huntington Beach Central Library, 7111 Talbert Avenue.
WHERE YOU Do you have any comments about this EA/EIR? Would you care to make
COME IN any other comments on this project? If so please attend the PUBLIC
HEARING.
TIME: 7:00 PM
DATE: Wednesday, December 16, 1987
PLACE: City Council Chambers
Huntington Beach City Hail
2000 Main Street
Tentative schedules for right-of-way acquisition and construction will be
discussed, as well as relocation assistance programs.
The hearing is being held prior to making a -commitment to the
alternatives being presented. No plans will be finalized until the
complete public record has been analyzed, including data gathered at the
hearing. The hearing record will be held open until December 28, 1987.
WRITTEN Prior to December 28, 1987 you may send written comments for
COMMENTS inclusion into the record to Mr. Bill Waddell, City of Huntington Beach,
2000 Main Street, Huntington Beach, CA 92648.
CONTACT For more information about this project call Mr. Bill Waddell at
(714) 5 36- 5524.
Alicia Wentworth, City Clerk, By Connie Brockway, Deputy Clerk
T io,
Aulhonzed to Pubfisn Advertisements of all kinds including public
notice2 by`Decree of the Super'Or Courl of orange ounly.
California. NUmber A-62 t4. oared 29 Seotember. 1961- and
A-243,31. cited i t June_ 1963
STATE OF CALIFORNIA
County of Orange we..r }.arcv wn..n.O" co.rw
by rho 111r1410..+ .s to - T pant
wtn +0 OKA cover+ -*Mk
I am a Citizen of the united States and a resident of
the County aforesaid; I am over the age of eighteen
years. and not a party 10 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 _ public-HRAring
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 one time
consecutive weeks to wit the issue(s) of
Nov. 28 t98 7
, 198
198
198
. 198
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on Nov. 30 , 198
at Costa Mesa, California.
Signature
0-Jel.so
PROOF OF PUBLICATION
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
I
NOTICE OF PUBLIC HEARING
(%
ON THE
DRAFT ENVIRONMENTAL ASSESSMENT/
DRAFT ENVIRONMENTAL IMPACT REPORT
FOR THE
WARNER AVENUE WIDENING
AND
RECONSTRUCTION PROJECT
o
3
r
=
n
o
c7
NORTH aJ
O
m
m
WARNER AVE.
w
Z
PROJECT LIMITS
WHAT BEING The City of Huntington Beach is proposing to widen Warner Avenue
PLANNED between 'Newland Street on the east and Algonquin Street on the west to
a full 6lanes. The widening will affect limited segments along the
4 mile route. This project is proposed to be funded from the Federal Aid
Urban program.
WHY THIS AD? The effects . of the roadway widening have been examined in an
Environmental Assessment/Environmental Impact Report. This notice is
to tell you of the availability of the report for you to read and to notify
you of a public hearing.
ENVIRONMENTAL The EA/EIR indicates that the roadway widening will involve historic
EFFECTS AND properties and will occur in an area subject to flooding. Some business
MITIGATION and residential displacement will occur. The report also describes
MEASURES Mitigation Measures incorporated as part of the project.
WHATS AVAILABLE? Copies of the WEIR are available for review at the City of Huntington
Beach, Department of Public Works, 2000 Main Street and at the
Huntington Beach Central Library, 7111 Talbert Avenue.
WHERE YOU Do you have any comments about this EAJEIR'� Would you care to make
COME IN any other comments on this project? If so please attend the PUBLIC
HEARING.
TIME: 7:00 Pki
DATE: Wednesday, December 16, 1987
PLACE.: City Council Chambers
Huntington Beach City Hall
2000 Main Street
Tentative schedules for right-of-way acquisition and construction will be
discussed, as well as relocation assistance programs,
The hearing is being held prior to making a commitment to the
alternatives being presented. No plans will be finalized until the
complete public record has been analyzed, including data gathered at the
hearing. The hearing record will be held open until December 28, 1987.
WRITTEN Prior to December 28, 1987 you may send written comments for
COMMENTS inclusion into the record to Mr. Bill Waddell, City of Huntington Beach,
2000 Main Street, Huntington Beach, CA 92648.
CONTACT For more information about this project call Mr. Bill Waddell at
(71.4).536-5524.
Alicia Wentwor-t , City Clerk", By Connie f3r.ockway, 1�eputy Clerk
p511j�
-0
IN THE +•
L
Superior Court
OF THE
STATE OF CALIFORNIA
In and for the County of Orange '
State of California ) s.s.
County of Orange )
That I am and at all times herein mentioned was a citizen of the
United States, .over the age of twenty-one years, and that I am not a
party to, nor interested in the above entitled matter, that I am the
principal clerk of the printer of the
Huntington Beach Independent
a newspaper of general circulation, published in the Cite of
Huntington Beach
County of Orange and which newspaper is published for the disemina-
tion of local news and intelligence of a general character, and which
newspaper of till times herein mentioned had and still has a bona ride
subscription list of paying subscribers, and which newspaper has been
established, printed and published at regular intervals in the said
County of Orange for a period exceeding one year, that the notice. of
which the annexed is a printed copy, has been published in the regular
and entire issue of said newspaper, and not in any supplement thereof.
on the following dates, to wit:
Dec. 10, 1987
1 cenify (or declare) under penalty of perjury that the foregoing is true
and correct.
Dated at ........ :....... Costa Mesa
.........................
California. this ... 1 0. ��.//..�.. day of .. Dec 19.. P.7 .....
Signature
- 4C3 ,tea
Authorized to Publish Advertisements of all kinds including public
notices by C-acree of the Superior Court of Orange County,
California, Number A-6214, dated 29 September, 1961. and
A-2483J. dated 11 June, 1963
STATE OF CALIFORNIA
County of Orange PubiK MOMS Ad~mrnp COwMed
by m0 \fhdwd ISsN m 7 paint
rah 10 PK& column vWrh
I am a Citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the below
entitled matter. I am a principal clerk of the 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 Requests for Proposals
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 three
consecutive weeks to wit the issue(s) of
Dec. 7 7
198
Dec. 14 198 7
Dec. 21 7
198
198
198
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on Dec, 21 198 7
at C to Mesa, California.
Signature
I PUBLIC NOTICE I PUBLIC NOTICE I PUBLIC NOTICE
CITY OF -HUNTINGTON BEACH
REQUESTS FOR PROPOSALS
APPRAISAL CONSULTANT
WARNER AVENUE WIDENING
M0
RECONSTRUCTION PROJECT
Z
U m 2
_
Z
n
NORTH <
o m WARNER AVE. m Z
PROJECT
The City is soliciting proposals for appraisals on this
Federal Highway Project. An information package may be
picked up or requested by phone at City Hall, 2000 Main
Street, Huntington Beach from the Public Works Depart-
ment on December 7, 1987.
Proposals will be required to be returned by 5:00 P.M. on
December 28, 1987.
For further information, • contact Dan Brennan (714)
536-5544 or Paul Larkin (714) 536-5445.
Dated: December 2, 1987
Alicia M. Wentworth, City Clerk
By: Connie Brockway, Deputy City Clerk i
Published Orange Coast Daily Pilot December 7, 14, 21,
1987 M 147
PROOF OF PUBLICATION
CITY i 1UN�WGTON BEACH
REQUESTS FOR PROPOSALS
APPRAISAL CONSULTANT
WARNER AVENUE WIDENING
AND
RECONSTRUCTION PROJECT
VI
y
Z
U
m
2
.5
o
'
L
3
0
NORTH i
O
WARNER AVE.
w
Z
PROJECT LIMITS
The City is soliciting proposals for appraisals on this
Federal Highway Project. An information package may be
picked up or requested by phone at City Hall. 2000 Main
Street, Huntington Beach from the Public Works Depart-
ment on December 7, 1987.
Proposals will be required to be returned by 5:00 P.M. on
December 28, 1987.
For further information. contact Dan Brennan (714)
536-5544 or Paul Larkin (714) 536-5445
Dated; December 2, 1987
Alicia M. Wentworth, City Clerk
By: Connie Brockway, Deputy City Clerk
Published Huntington Beach Independent December 10,
17, 24, 1987 122-445
RErEIVEL-
CITY cLcrti
CITY iii'
Dt18 5 on"'`t'1
117'. ii !s010-1111N11"1
53A133"s1;s
I'V IfiE
Superior Court
OF THE
S fA rE OF CALIFOKN[A
In and for the County of Orange
Stale of California
County of Orange )
That 1 am and at all times herein mentioned leas a citizen of the
United States. over the age ort�ent%-one years. and that I am not a
pant- to. nor triterested in the aho-c entitled matter_ that I am the
principal clerk of the printer of the
Huntington Beach Independent
a newspaper of general circulation. published in the City of
Huntington Beach
County of Orange and which newspaper is published for the dixmina-
tion of local news and intelligence of a general character. and which
neu spaper at all times herrin mentioned had and still has a bona fide
subscriplLon list of paying subscribem and which newspaper has been
established. printed and published at regular internals in the said
County of Orange for a period exceeding one year. that the notice. of
which the annexed is sprinted copy. has been published in the regular
and entire issue of said newspaper. and not in an% supplement thereof.
on the following dates, to wit -
Dec, 17, 1987 1
Dec. 24, 1987
1 cnrtif} for declare) under penalty of perjure that the foregoing is true
and correct_
Datcd at ..•.. �.......... COSIa .. ..
Cal nia. this-..24..... day of. Dec ... 19-87
Signature
"We NOTICE ": �
PUBLIC NOTICE
PUBLIC NOTICE KWC NOUCE PUBLIC -NOTICE
` y+�
�i et i 1�
c.-•. �r4
. .. 4�
.. ice^ •t•.. _.. _-•i�'..,�sJ�` - ',f-
.
_ __ __ .
NOTICE OF PUBLIC HEARING
Auiht]r,Ied•t0 PubiiSh Ad�eri,se
_
notrcelL by Decree of the Su
ON T3lE
Cauforme. Number A•62 tt. (3
A-2483 t- dated 11 June. 195:i
DRAFT ENVIRONMENTAL ASSESSMENT/
STATE OF CALIFORNIA
DRAFT ENVIRONMENTAL IMPACT REPORT
County of Orange
FOR THE
WARNER AVENUE WIDENING
i
AND
RECONSTRUCTION PROJECT
I am a Citizen of the Urtite
the County afotesaid-. I an
toA_entitled
years- and not a party
matter I am a pri
Coast DAILY PILOT, witr
aNEWS-PRESS.
Lit
a newspa.
NORTH
WARNER AVE. m z
printed and published in
County of Orange. State'
PROJECT LIMITS
Notice of Public H
WHAT BEING
PLANNED
The City of Huntington Beach is proposing to widen Warner Avenue
between Newland Street on the east and Algonquin Street on the west to
--
of which copy attached he
a full 6 lanes. The widening will affect limited segments along the
copy. was printed and put
4 mile route. This project is proposed to be funded from the federal Aid
Newport Beach. Hunlingtc
Urban program.
Irvine, the South Coast i
WHY THIS AD?
The effects of the roadway widening have been examined in an
Beach issues of said news
Environmental Assessment/Environmental Impact Report. This notice is
to tell you of the availability of the report for you to read and to notify
consecutive weeks to wit t
you of a public hearing.
!
ENVIRONMENTAL
The EA/EIR indicates that the roadway widening will involve historic
EFFECTS AND
properties and will occur in an area subject to flooding. Some business
Dec. 3
MITIGATION
MEASURES
and residential displacement will occur. The report also describes
Mitigation Measures incorporated as part of the project.
WHATS AVAILABLE?
Copies of the EAIEIR are available for review at the City of Huntington
Beach, Department of Public Works, 2000 Main Street and at the
WHERE YOU
Huntington Beach Central Library, 7111 Talbert Avenue.
Do you have any comments about this EA/EIR? Would you care to make
COME IN
any other comments on this project? If so please attend the PUBLIC
HEARING.
TIME: 7:00 PM
DATE: Wednesday, December 16, 1987
PLACE: City Council Chambers
I declare, under penal
Huntington Beach City Hall
foregoing is true and
2000 Main Street
Tentative schedules for right-of-way acquisition and construction will be
Dec. 3
discussed, as well as relocation assistance programs.
Executed on
� �
_
at Costa Mesa, Califoi
The hearing is being held prior to making a commitment to the
alternatives being presented. No plans will be finalized until the
complete public record has been analyzed, including data gathered at the
hearing. The hearing record will be held open until December 28, 1987.
Signs
- -
WRITTEN
Prior to December 28, 1987 . you may send written comments for
COMMENTS
inclusion into the record to Mr. Bill Waddell, City of Huntington Beach,
2000 Main Street, Huntington Beach, CA 92648.
CONTACT �� " - =_
For -more information "about this project call -Mr. Bill Waddell at
Wentwor 1ty clerk, -i3y' co-inie. Brockway-, Deputy Clerk
_Alicia-
,-
'
i 110
PIlBlIC MICEPI1BLlC
Ilcl
PIIBl1C NOTICE _. ',
- PI1Bi1C rlona '
NOTICE OF PUBLIC HEARING
ON 7"F
DRAFT ENVIRONMENTAL ASSESSMENT/
DRAFT ENVIRONMENTAL IMPACT REPORT
FOR THE ..
I
WARNER AVENUE WIDENING
AND
RECONSTRUCTION PROJECT
tr
to
� U � O
z
Z Q g
S
o m
NORTH WARNER AVE. z
State of Califon
PROJECT LIMITS
7
County of Oran
WHATS BEING The City of Huntington Beach is proposing to widen Warner Avenue
PLANNED between Newland Street on the east and Algonquin Street on the west to
,That I am and
United States. oY
a full 6 lanes. The widening will affect limited segments along the
party to. nor rote
4 mile route. This project is proposed to be funded from the Federal Aid
pnncittal clerk of
Urban program.
f
WHY THIS AD? The effects of the roadway widening have been examined in an
a newspaper of gc
Environmental Assessment/Environmental Impact Report. This notice is
to tell you of the availability of the report for you to read and to notify
you of a public hearing.
County of Orange
ENVIRONMENTAL. The £A/EIR indicates that the roadway widening will involve historic
tion of lo"t nr .
EFFECTS AND properties and will occur in an area subject to flooding. Some business
newspaper at all t
MITIGATION and residential displacement will occur. The report also describes
print
esubtishcd. pt7n
established.
MEASURES Mitigation Measures incorporated as part of the project.
County of Orang
-
which the annexe,
WI4ATS AVAILABLE? Copies of the EA/EIR are available for review at the City of Huntington
and entire issue o
Beach, Department of Public Works, 2000 Main Street and at the
on the following
Huntington Beach Central Library, 71 It Talbert Avenue.
Nov. 26,
WHERE YOU Do you have any comments about this FA/EIR? Would you care to make
COME IN any other comments on this project? If so please attend the PUBLIC -
HEARING.
TIME: 7:00 PM 1
DATE: Wednesday, December 16, 1987
PLACE: City Council Chambers
Huntington Beach City Hall
2000 Main Street
I ccrtJ% (or deck
and correct-
= Tentative schedules for right-of-way acquisition and construction will be f
discussed, as well as relocation assistance programs.
fated at ..... I
California. thil
_
_ _ _ The hearing is being' held prior . io making •a commitment to the
=_ ;- alternatives being presented. • NO"' plans will be finaiized until the
~- complete public record hai been analyzed, including data gathered at the
hearing. The hearing record will be held -open until December 28, L987.
A.
ember WRITTEN
Prior- to Dec28,' ;19$7 youz;may..*nd i-wrltt_en cammenri'' for
r . ,
COMMENTS • ��«: inclusion`lnto'the recordao Mr. $ill Waaddell; Ciiy of Huntington Beach,
2000 Maln Sheet, H6nt;ington Beach; CA•926q$:
„ - a''