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HomeMy WebLinkAboutGRIFFITH COMPANY - 1986-03-17�r t WMWrV.1-VL%C" CITV OF HUNTINGTON BEACH INTER•DEPARTMENT COMMUNICATION ro RonKT J. FItANG, (thief Adminititriitive Services Del•;irtment StilOwt 10% Retention CC 4 cr % cLh From ACCOUNTING & RECORDS Date -2 -3 1 t 9 0 b The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five day waiting period has elapsed. Payment of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. n T. illella, Director of Finance I certify that no stop notices are on file on the subje-:t contract at this time. �1 Date: If L •Paul Cook, Director Public Works Department 1 certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: 9 lG �— Alicie entworth, City Clerk t certify that there are no outstanding invoices on file. I1 . Warren G. Hgll,`,City -Treasurer 1 187j 3 To FE�� �`' CITY OF HUNTINGTON BEACwH �� INTER -DEPARTMENT COMMUNICATION 111/A T WGT0% 11 ACH AL I C I A WENTWORTH From GAI I. i r,ron City Clerk City Attorney Subject Griffith Company Affidavit Date AU9USL 11, 1986 The letter sent by the Griffith Company✓ to satisfy the affidavit requirei,►pnt clause of the City's standard pubic works contract is insufficient. To satisfy the requirement we need an affidavit, which is a statement made under oath. A declaration made under penalty of perjury has the same legal effect. Unfortunately, the Griffith Company letter is neither of these. At the request of the Public Works Department, this office has recently drawn up a declaration form to sati.sfy this require:aecit. I have attached a copy of this form fir your convenience. GAIL HUTTO:I City Attorney Attaci,ne,*. J, a CITY OF HUNTINGTON BEACH�r -'ti w01it. City Attorney REQUEST FOR LEGAL SERVIgF,_. ' - unary city cleric "All Gty AlnclnMtrator Goldenrod 0004"monsal wt�.rtr.ctt�w C' �ttN"ll�� o... I�.rM...t Mods my�. SEP ' t ► , • • . 9 2 86 Cit Clerk Cit Clerk INSTRUCTIONS: Fsk request in zM Qty Attorney's Office ab won as posuble. Print or type facts necessary fcx City Attorney. Out. tine briefly ressono for the requrtet. Attach all information and exhibits pertinent to the subject. Type of Lepd SwyKe Raquaettd: ( I Ordinwwo ( I Insurance l Othor I I RwWutwn (I Bonds l I ContraWAarrentent I I Opinoon AM exhibits must be anadwd. or this roclueet will be returned to you. l I Fxhtblts Attached Please approve attached "Affidavit of Payment" as to form. (Griffith Company - CC-446) c.o t� ti- � tiff �,,,, f—' -•-- IUV�:.� �U If "w Gagne) Action, It not for Council action, cleaved caompWtwn date Santoro: CAMOM l 9/4/86 ►10 Iwo Distribution: Wh—i e: Requesting Department Yellow: Office Control File Pink: Assigned Staff Member REOi1EST FOR LEGAL SERVICES FOLLOW --UP MEMORANDUM To: Connie/Clerk's Office City Attorney Subject: Your Request for Legal Services From: Office of the Date: 9/26/86 This will acknowledge receipt of your Request for Legal Services, below listed. Dated: 9/26/86 Type of Legal Service Requested: [ ] Ordinance [ ] Insurance [ ] Resolution [ ] Bonds [ ] Contract/Agreement [ ] opinion [ Xx ] Other Insurance Description: Bond No. U46 51 64(111) conStructlon of Koledo Line Demonstration Proje-•t This Request for Legal Services has been assigned toArt De La Lozi for handling. lie/she can be reached through extension 5559. The Control Number assigned to this request is: 86-664 Please reference this number when making any inquiries Fn regc.rd to this matter. Thank you. 0673L 86;38Z 113 F XEM�� I �C 1 _f '�, �! l l k Ui t� �'•'i' f i i I' 1'i pill ,, -, �,'96 r '101 1( t I', W itii I;'i ill"'i 11 tha t t11v t ontr•ac t. ht1rt,totort. awartlt_�d h•r tht- C i ty C.r,un�. 11 ( , f t i I v i:i tv of Huntington He'lch, C.II i form,' tc,{�FICf:II+i-C�?hi�'F1!i�t..__2Q2Q _Va.1_t;, Sanla_ Ana ._CA-D27li4________ -------------- ---- ----- ----- ----------- --•-- who was the company thereon for doing the following word: to -wit: construction of street improvements on Heil Avenue between Reach Boulevard and Silver Lane, Project CC-446R,in the City of Huntington beach, CA That said wort, was co-npleted by sai;i company according to plans and specifications and to lche satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular- meeting thereof held on Auaust_1 �,19P6 That upon said contract the United Pacific Insur•ance_CoMpa y was surety for the bond given by the said company as required b) law. Dated at Huntington Beach, California, this __19th - day of __August -, 1986 . Alicia M. Wentworth City Clerk. and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CAI. I FORN I A ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and eA-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 __Iq.L�L_day of August _ , 1986 . This document is solely for the official business of the City of Huntinoton Bench, as contem- plated under Covernmont Codt S4c. 6103 and should ba recorded Free of cbnrge. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Z f9 O L) WHIN RECORDED MAILO e:l n w 11UNTINGTON 11LACH (Mice of IfR laity Cleo~ 1'0On19U 14mt.noion lip.,, I, Carl 4:611, 0E 101 11: I of CUHNL I T I ON CC-4468 66:30:2113 N9110E iS HEREBY GIVEN that the contract heretofore d4drded by the City Co-.e;oil of the City of Huntington Beach, Califor-11i-1 tu _�Atd.Ana._CA.92TQ4 ___�__ ____. ____---_ _-- ..... who was the company thereon for duing the following work to -wit: construct4:,n of street improvements cri Heil Avenue between beach Boulevard and Silver lane, Project CC-446B,iri the City 0 Huntington Beach, CA r . RECORDED IN OFFICIAL RECOPOS bF OriANU COUNTY CALIFCANIA -2 20 PM AUG Z 5'86 lhat said work was completed by said company according to plans and specifications and to the satisfactiun of the City Engineer of the City of Huntington Beach and that said work !sas accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on _August_18e 19il6_� _� That upon slid contract the __Vnitgji_f!I ific Insur•ance_Ccxnl'_arY_____��_ was surety for the bond given by the said company as required by lew. Dated at Huntington Beach, California, this __19th__ day of _ 4u2u t _ , 1986 . Alicia M. Wentworth Ciiy C1ei•1�and e1-o��c{ei Cler�,� of the City �uunc i l of the: C i ty of Huntington Beach, California ge STATE OF CALIFORNIA ) County of Orange. City of Huntington Beach ) I, ALICIA M. WENTWORTH. the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this _jgth_dav of w ru + ____-__, 19136 . rbls document is solely for the otrfotel business of the City of Huntin!ton Beach, as contee►— plated ualer Ge.ver'remiiint Code Sea. 0103 and should ba recorded f oo eir charge. Alicia M. Wentworth Oty--nerk and ex-o' cio C) of the City Council of the City of Huntington Beach, California » REQUE0 FOR CITY COUNCIPACTION Date Auclt:cst.6, 1986 Submitted to: Honorable M r; or an:? Ccxulci 1 Submitted by: Qiarle 'ITia son, Cit:•.• Au'll-,unist r'ato Prepared by: Paul 1". Ccok., Di rector Pwl)1 i c ;•brl: 1` ; r- �- t��•It�t ' :C.t'• Subject: OF LTFIL ;V.'i•':: "-F rptL-LSF I 1 ; C�tl-44, Consistent with Council Policy? (;;j Yes ( j New Policy or Exaeptio_--- ` Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STAT'EM7-.,T.r Or ISS 7: Griffith Coc-oan'_ has ccmletec. the '.;iCle irY} of Hel l r:x! het-,c--n D:!ach Boulevard amll Sil%,er Lane. Rw�r•r•TE,'MTT O::: Accmt-- the Imro•.-an,rnt s an--' au`hct-i �.^ !:he 1. i C'ler': to : file P. 'b-tiao of Corrplet.lon. AMNIA S IS : On Mares• 171, 19 8f-, the City Cotmc:i 1 a cent ra•c, to Cri f fi tli Corm. arr. , for the reconstruction of Heil. i+`entre "Ict�:eer`. :�'.3Ci Pouleva.—I yin:? Sil:�r lzne. r..le o:tstrUc- t:.ion acoorcano to the �3..JC�`.��.E": -31arn iin':? sr-2ci fic-at-ioro iF nct; and the Dir- ector of Public ;-bii:s n_ct)-mvinIs accxrptarrN; o4' 'hr :pro rxn tin:? .rests that: Lhe ibtice of Completion be f i le,i b•.• the ('.i t•.• :--1 e ri: . The following is a su-nrar.• of contract Cost_-,: Co�,Mci l Actual E:-z)encEture Contract A-,oiLnt_ e- �:7,n0n ,n�� $ 82, 338.40 Cbristract.ion Cont-imiencir- 17040n.00 -0- "!or:rl SIr,.l �4nn,n�� ?2,238.40 FUrDI1J; -q)URC:: Rinds bW.getai in Capital Outim' Account=744460 M.'eil 1k'ic1?ninrl - Slgn,Onr) ALTr' M= ACTION: %ne ATTACIit•iFIvM None PC:P*I:1k G 010 No 5/95 • s [�� a C G� c r, G P� P- C O N 'r R A C T O R S ,.,, YALE STi;E-.ET. 1.14,141TA A?1A, "-AL;Fi�i�';Ia OLrPT. OF ra;_ -Z _ �^ 1•n�Kg July -'9; 1996 Dept, cof Fublic Works City of Huntington Hear-h 2000 :•Sain St. Huntington Beach, CA 92641- ae . lie i 1 i1:•�_ . CC-441" Gentlemen: Griffith Comj)any has corirJeted the Heil ;%ve. Project ''CC- ; 46", and hereby affimrs that all labor an material's have Lee,. maid in full, and there are no claims outstandinu against r-his projc-cc.. truly .' CDur s , GF.I1'F I71i COMPANY 00 G'. i.. Pittman GIJP : aw 10 City of Huntington !it!ac h Department of Public Works P.O. Box 190 Huntington Beach, Ca; i f orn is 920•� j Attention: Sub Act oI 1 .17.' Gentlemen: The undersigned, contractor CC 444 ii!':1 nV�f1UEt Project No. hereby cert i f ies tha-. .i l i Iabor e, . wcn t :s• _ , watchmen and guards ,2m1)1c, r t•d by }: ing work under the rontract on thi r,= t ►,i�.�� ; �:��r, t : r rates not less than --hose r I r, that the work performed by o,wh r t ra inee con f ormed t(, L he c l a:;:; 1 s :: training program provisinis app! i,: r:)l'w S1Cj:Z3t111"!? a11:: 'i'IL1L'• ` r •� `' � R, l'`\�. \ 1 jAMES D. WALTZE VICE PRESIDENT 0 !� CITY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GRIFFITH COMPANY FOR THE CONSTRUCTION OF HEIL AVENUE STREET IMPROVEMENTS THIS AGREEMENT is made and entered into on this i&Z-fL.-r day of ;!�'`, �,;�� 19_ by and between the CITY OF HUNTINGTON BEACH. a municipal corporation of tle State of California, hereinafter referred to as "CITY," and Griffith Company, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a Public works project, hereinafter referred to as "PROJECT," more fully described as the construction of street improvements on Heil Avenue between Beach Boulevard and Silver Lane, in the City of Huntington Beach, California; and, CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT Of•' WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its (1) progress or prior to acceptance, from the action of the elements, from any unforseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension car discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CIT'i under them for the compensation set fortis in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLA11S A11D SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter lefined), 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 (2) 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 Iocuments" ar. defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1982 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chaptet of the American Public Works Association and the Southern California District Associated General Contractors of: the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the .Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and (3) f �I mentioned in both. in cease of discrepancy between any Flans, specifications, special provisions, or addenda, the matter shal 1 be immpriiately submitted by CONTRACTOR to the Department of Public S-J�orks of CITY (hereinafter referred to as "DPW"), without whose- Aec i s i on sc-1 i cl 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 bite or proposal of C01147TRACTOR, then this Agreement dial l control anti nothing herein shall he considered aq an acceptance of the terms of said bid or proposal which is in con"Litt herewith. 3. COMPENSATION CITY aGrees to T)av anti C'OPITi'ACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to an, additions or deductions made under the provisions of this Agreement or the ^ontract Documents, the sum of Eighty-seven Thousand Dollars (tG7,000.00) as set forth in the Contract Pocunents, to be paid as provide, for in Sections 1., 6, 13 and 14 herein. 4. 'COMMENCEMENT OF PROJECT CONTRACTOR agrees t n commence the PROJIECT within ten (101, working clays after notice to proceed is issued and shall diligently prosecute PROJECT to completion within Forty-five (45) calendar days from the execution of this Agreement by CITY, excluding delays provided for in Section 11 herein. 5. TIME OF THE ESSENCE The parties hereto recognize end agree that time is of (4) the essence in the I:)erformance of this Agreement and each and every prcvlslon of the Contract O')Cuments. Cn'JT1tA�T0R shall prepare and obtain approval as required by the Contract T)oc:uments for all shop drawirnas, details and same' s, an,l do r►11 other things necessary and incidental to the prosecution of its work in conformance with the progress scheciute set forth in the Contract Documents. CO!;TR:,�'^nR shell coor(linate its work with the work of all other contractcrs, subcontractors and CITY forces working on the PROJECT, in a mariner that will facilitate the efficient completion of the PROJECT an(' in accordance with Section 4 herein. CIV., shall have complete contrc.•l of the premises on which the :pork is to be performed and shall have the right to decide the time and order in which the various portions of the worl: shall be performed and the priority of the work of other contractors, subcontractors :an(l CIT'i forces and, in general, all matters concerning the timely and orderly conduct of: the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall arlhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes %;Ithout the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR (5) that have not been agreed upon in writing b1 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. S111-ulri the DPW not agree to such cost proposal., the work shall be performed according to the changes orderer'. in writing by t'i. DPW and the proper cost ►:hrreof 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 adjus�ed upward or downward accordingly. 7. NOiICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under. this Agreement unless a -id until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will he available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work. Niue to unavailability of the job site, for any reason, r lief to the CONTRACTOR shell be limited to a time extension equal to the delay clue to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon thr, 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 to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, (6) and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all. claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR uncc.)nditiovally guarantees all work done under this Agreement includinq, but not limited to, any workmanship, installation, fabrication, material or structural `acilities constructed. CGVTP.ACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have zhe option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of (7) calendar Ways as set forth in Section 4 herein, damage will be sustained _iy CI'Py; and that it is, and would be, impractical. and extremely 3iff icult to ascertain sand determine the actual damage which CITY would sustain in the event of rand by reason of such delay! it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages anti not as a penalty, the sum of two hundred fifty dollars (t250) per day for each and every working day's delay in completing the wort: in excess of the number of calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a Lair compensation for the foreseeable losses-. CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay s ,. icl damages herein provided, and further agrees that CITY may deduct the i3nount thereof from any monies due or that may become 7,;e to C04" RACTOR hereunder. CO`JTRACTOP 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 •: ri f or seenb l e 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 clue to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of (8) 0 the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the WGrk if, in its judgment, the findings of fact thereon justify the delay; and the dec,.sion of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the Dart 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 otbr: contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (9) 0 0 (a) subsurface or latent physical conditions at the joh site differing materially from those indicated in this Agreement nr. the Contract Documents; or, (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognize0 as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions an' 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 ad j ust.inent. .,hall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the i:OtJTRACTOR uncles this Section, shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time Prescribed therefor may be extended by CITY. 13. VARIA'riot7S IN ESTIMArm) QUANTITiEs The quantities listed in the bid schf�dule w 11 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 pl,in-r: and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed it, the bid schedule, the bid price shall prevail subject to the provi- (10) • sions of this Section. Tho DPW may, at its sole discretion, when warranted by the facts :.nil circumstances, order an equitable adjustment, upwards or downwards, in payment to the CO!ITRA-TOR where the actual quantities urea in construction of the PROJECT are in variation to the quantities liste' in the bid schedule. 'No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall Ile 7!Lowed if asserted aster 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 sucl adjustment for extending the completion date as in its judgment the findings warrant. 14. PPOGRESS PAYMENTS Each month the DPW will make pan estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (1.011 will be deducted and retained by CITY and the remainder, less the a ,,:Zt of all previous payments since coromencemen,L of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the war!. completed -- i nce the commencement of the PROJECT, as determined by DPW, .less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall oe made thirty-five (35) days after the acceptance of the work and the filing of a Notice of ConPletion by :I'I"i ?ayments shall ue made on demands drawn in the manner required 1)), law, each Payment to be accompanied by a cert i f i.::ate signed by the DPW, affirming that the wore; 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 they terms of the Agreement. Partial Payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Secr.ion 13 of this Agreement. 16. AFFIDAVI'rs OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for Either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which (12) have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIF;S The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDE1W%1IFICATION, DEFENSE, BOLD HARt1I :SS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees against any and all liability, claims, judgments, costs .and demands, however caused, iclClUditlg those resulting from death or injury to CONTRACTOR'S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CM41TRACTOR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by CITY, save and except those which arise out of the sole negligence or sole willful misconduct of CITY. CONTRACTOR will defend any such s•,Iits W the sole cost and expense of CONTRACTOR when reduested by CITY, and any costs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq, of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that (n) d it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than cane -hundred Thousand Dollars (3100,000), at all times incident hereto, in forms acid underwritten by insurance companies satisfactory to CIT:'; and CONTRACTOR shill, prior to commencing performance of the work hereunder, furnish to CITY, on a forin approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITE' at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) Mays prior to any cancellation or modification of such policy. Said insurance shell not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section IB of this Agreement. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CO�ITP.ACTOR shall carry at all times incident hereto, can all operations to be performed hereunder, bodily injury and property damage liability insurance policies including automotive bodily injury damage liability insurance, under- (14) written by insurance companies in forms satisfactory to CITY for all operations, subcontract work, r-ont ractual obligations, product or completed operations and a I I owner] vehicles and non -owner] vehicles. Said insuraance poIicies shall name thc? CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shal l subscribe for Eir.d malntair: sail insurance polic-ie s In full force and effect during the life of this Agreement, in an amount of not less than One-MiIIion Dollars (t.1,000,0000) combined single limit (-overage. CONTRACTOR shall require its insurer to waive its subrogation rights agairist C1 Y and agrees to provide certificates evidencing the sLzrne. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the Cite Attorney evidencing the foregoing insurance coverages; said cert-ificates shall provide the nanie and policy number of each carrier and policy, ar.d shall state that the policy 1 currently in farce and will not be cance l i ed without thirty (30 ) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CIT'i. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of a I I Said pol icies of insurance. CONTRACTOR shall hay, in a prompt and timely manner, the premiums on all insurance hereinabove requiiod. 21. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the t i me spec i f i ed , or i s ad j udged ,a ba nk rupt (:,r makes an assignment for the benefit of creditors or becomes insolvent, or violater any provision of this Agreement or the Contract Documents. CITY may give, notice in writing of its intention to terminate this kgreement. Unless the violation is cured within ten ' 10) days after suci, !-'etice of I riti�?nt ion has been served on OO TP.ACT1-)1?, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that Lime. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agee ment- in such event ."IT'i may make good the deficiency in which the �.lefault corm;ists Lind deduct the resulting costs from the pro ress payments then or to become due to CONTRACTOR. 22. DISPOSITION OF PLANS, ESTIMtVrES AND OTHI.R DOCUMENTS CONTRACTOR arirees that Ripon 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. (16) 16 23. NON -ASSIGNABILITY (_'vNTRACTOR shall not sell, assign, transfer, cnnvey 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. 24. CITY EMPLOYEES AVD OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No offic-_r or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 25. ATTORNEY ' S FEES If any action of law nr in equity becomes necessary to enforcF- or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary :iishur ,ements in additic;n to any other relief to which that party in a•. be entitled. I f any ._action is brought against CONTRACTOR or any sul)coritractor to enforce a Stop Notice or Notice to Y:ithhol:i which names CITY as a party to said action or by reason of w:-,ich CITY incurs, exren_ es, CIT'i shall be entitled tc reasonable administrative and attorney's fees, costs and necessary disbursements arising out. of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bony? required of CONTRACTOR. CITY may charge an administrative fee of. One -hundred Dollars (t100) for every Stop ( 17) Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRFXTOR under this Agreement. 26. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of tl•.e 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. 27. CAPTIONS Captions of the Sections or this Agreement are for convenience and reference only, and the words contained therein shall in no wav be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (REST nF PAGE NOT USED) ( 1B ) • CITY OF HUNTINGTON BEACH 20C-0 MAIN STREET OFFICE OF THE CITY CLERK April 11, 1986 Griffith Comranv CALIFORNIA 92648 2020 Yale Santa Ana, Cr 27C4 RE: Construction of street improvements on Heil Avenue between Beach ?oulevara and silver Lane, Pro,;ect CC-a�6 Enclosed is your, --id ;.ond, a copy o: t^P executes contract with the City o' Huntington Beach and a Certificate o` Corrliance form. The Ccmpliance Forin rust be signed at the comoletion of work and returned to this office. In addition, the following itams must also be on file, with this of*ice, before the City can release any retention funds. 1. A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitte:. 2. An affidavit stating that all workrvn and persons employed, all firms supplying materials, and all subcontractors have been paid in full and that there are no outstanding claims against this project. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior toreleaseof retention funds, please call Lon Noble, Contract Admi ni = tra tor, 536-544 i . Alicia M. Wentworth City Clerk AMU: bt CC: Don Nobl:-, Public Works Cept. Enclosures: Bid Bond Cash Contract Certificate of Compliance IT614ph 0:714.536.62Z7) i, CITY OF HLJ101TINGTON BEACH ` 2000MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK Apri l 1 1 , ', 912E; Genera, Procur•errent 5 Construction Cr:. , nc. 3100 ni rway Avenue, Dui to 13": Costa Mesa, CA 9262C ,tie ar-e ret;;rninr you►' bi�i bcn4 Nhicn has surr^itted with ycur-ro-csa l for the �-onstr"icti er o street ,Tr-'rr.,vemen,-s on veil avenue het-t.eer Bead Or, .ile:ar,: drd silver• ! ane. rrojec`_ CC-44,6, in the i. anti t_n �e3���. 'he Contra, t for this 'OC Na_ -aa!-:e4 i►' 'it! �GmCan'; of `',anta :1n'�a l e wou1 1 ' i to t a i e o r r o r 'ha ;cu ror. :Cr, r i r ter's _ i n subi-,, "_`_ire ,i r o: c s •i . al icia ''. hentworth Ci ty -ler� Enclosure (Telephone, 714-536-52271 0 i, CITY OT- HUNTING N BEACH 20Q0 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK AD r• i t 11. 1 ?2E Sul ly-Mi l ler Contrac ti ng �cii vany 6145 Santiago Can,;cr =oa,-A IL Oranse, Me are retuioinc your tii. �r_nu wri,:h 4a5 sutrritteC Ni*_h your proposal for the :enst,-jct iCr o; Street v,,vr•Overrents on Heil Avenue bet':,een Eeach Eou levara and i 1 ver L are, ,= roec t i, v -n .he ' J • -jn t , nc'c.r 3h . he contras for thi > Ct Was 3, cJr'!ed tO ;r•i =`i t►� C,�ran'; of Santa Ana. ne woulc l i;e to tai.;• this t, thank Your interest 1r su;-f',J ttln(l d : r'GCCSdI . Alicia 4. ' ent'north City C1eri AI W:bt Enclosure ITedephone; 714-536-52271 E 0 0, CITY Y OF H UNTINGTON BEACH �2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 18, 1986 Nobest Inc. P. 0. Box 874 Westminster, CA 92EU04' We are returning your bid bond which was submitted with your proposal for the construction of street improvements on Heil Avenue between Beach Boulevard and Silver Lane, Project CC-446, in the City of Huntington Beach. The contract for this job was awarded to Griffith Company of Santa Ana. ne would like to take this opportunity tc thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure I TNophone: 714.536.5227 ) STATE OFCALIFORNIA s COUNTY OF twSonally lonown to me jr,- pro�eo to me on the basis of satisfactory evldence� !o be the oersons -hMo executed the P17MAN with:n instrument as 7�7A -Lc—e Pesiaent ana Asst . DI sit: WITNESS my nara dna official seal 28. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: GRIFFITH COMPANY, a California corporation J yes D. Waltze, Vice President ennis Teague, Assists District Manager CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Y . Mayor ATTEST: APPROVL•'U AS TO FORM: 1 � . �..�� f• ' ` /ter City Clerk City httcrney REVIEWE APPROVED: i City Administrator (19) I.N�J HATED, AND APPROVED: Director of Public Works State of Call:_01-ni.-I County of On this St 11 Ap i- i t h be -fore me a Not.tr-..- 1c e! R 0 1" F, '11.1 1 o I' 1; e r s o n a I I k to be the in —Fact c-.- - - E. A —C M 1, anti a�:kncwl...:d 5C) I T I'!) PAL: I F I C 1,*. 'InA 1, Ow name as MAU11A J. CHP.SE r y• P u h I L a P. (1. fn r s, 1 STATE OF CALIFOPNIA II ss COUNTY OF On Iris r 19. 86. day of A in the year wfore me the unaetsignea a Notary Pulciii: in ano for said Slate, personally apoeared riot Manaswr i �<<�� i personally known to me j(r proven to me on the basis of satisfactory evidence) to be Inc Ve son v.ho executed the *,IMn ins1rurrent on behalf of the Corporation Irierein named. and acknowledged to me that the Corporation executed it WI INESS my hand and official seal Al 14� Nolary, Putlic in and for said Slate 0 I W UNITED 1:c1YIcD IWsunAN 00M."p-&:FTX' HEAD OFFICC FEDERAL VJAV, WASHliucrorl Bond No. t' 5ll 9. 2 I PAYMENT BOND "The P)e•�:u�7 cl:ar�ed for this CALIFORNIA -PUBLIC CONTRACT Bond IS included in that shown an the Performance Bond." E..:i't'tltL! ►:4i i I,IE.+ EY THESE PPESE�NTS• th,lt 1 { 'OM ' ' • . _ � ._ i� k I f� f� l ; f �. ..I :t:" rFD PAf_'I F I C I�`JS1.IRANCE P", .%Y, I.%, ),hlrwon corporation author I.1_' t !'c1�_'� �' ' ' :,� i. ,3i �'trF:' Ir.• 1,,?Ir, .3r1 j �ir!Tli'. f)C);1 i 1 unto d t tx.r1 j t ,t t;3t•, n` ( t ;r•li c r rr C I TY 0 F i{ (r:; I %t:1'l►:; I '.:A d5 {Dbi; Irl tr1`' i,•Tt. rl• _ - - I l)., 1 117t {'. 11111 { j ` I; T{t �'I)ItI.I) i1,..) ��It i I)t3 - - -- - - - - - - - - - - - - - - - - - - - - .., �`," ' + ' Ir• ;' ,' •,,, ; ?� 't 3`)sign5, jointly tIrd 1 �� {� .-ji11 'f ♦r•.•, t�,-,t:;rl,)� . , rr .I;r, r'r 7. r i�,j. l•`, till, day trl,rir•n4 t,i ,3 lr'�' 3 � .• fir'. �1 �.:,. • t• f .. C 1. t 1 t it i `[ t7 T t t :l .,i l:t' , ! r r'.• t it 111 t 1' 1..': 1 1 \'t I I.;?t:t' 1 •. lt' ' I C lt1.,,[ 1 r''- !;t'.. .,, . i ,: 1 .. . j }r"�'•" t',f 1 �?;: C ill's Of tilp i+" ri' ,:.'•'ii f ./ i' !' 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POWER OF ATTORNEY KNOW ALL MEN By r'-ESE °RESENTS, `I`at '^e UNITED Pat:IFlr_ if;l;URr.rtt E CCAIPA►4Y I carca]ralir n dt, v oe"nrted under '^e taws of the S11//OI WatnlnQlOn UOrtMreOvr^afa cOn11•r,.t1 andlDla)'nl 'lltrue of -Of 'wful AIIO1r1av•.n feet. 'O -Was ltfturt 1rf1 Inn OfI ..I 001 Pert •)n '1 1fr04211 1n1 If its act and Jr'ed rLio. �ti,1. rill..... .. ..loll. ;41.. _^r...... .:1..�.1 l,. �. .�•_ ... :�.... -�--�_ Simi 'O Wr:i Ime UNITE PAC;F C 11'.5F„RANCE C' Yf ,%Ny 't'ertnv Js 1,11. rnf) 10 '^r Lr^• •.Ir^1 as I Iucr1 -xient am Intl Omer wr.f.nQe OOI."IOry n 1nr ^Ifurr 'vrr.)r ...frr s'0^t"1 n. an E ..r'jr­-C" err ')t Ihr -j%I -F :; P4[.F -r se C-1.tPA NY Ina tone'] Ina altesla+] Or Dry OP "All Of I..cn •)11 cr's and ^ Olt on. 'II I-.1 J_.: •••n ells 1 1 i .r.II ,II I 1 A f101^•r;I. ^ I a C : •^Iv . r: " ....'1,.a n:r " or, rct This a-,yvlt :f Ariorrr•r .I ;rintec ,ri?er jrr; r jut^r)r'f, _r r'tn.,rrl 274 ooV .'"I7C0 P-4 C: 'ZIC jNsiRANC E CVo4PAPJY v%tllcn prov1U0n1 are nOw r•. f-,il I^_rce :•1ri erlec; 1s rctlow% '•E . r:PI J'A 4 r -rp1.E •,'; I% cc - SECTICN t To -of ?aarn 7r :)•r•ctors '^r P'•t•r)•^' '' 1•'r rr.'•.I.rr•••r '7r AII,ILar" c-%'•►1r:rn1 InI1. ^root fr'-f• I^d aulnoriry rO lef a0001n1 Allarnrvl'n-'ec+ Ill to Jut w;r.rr Inrn, •O rr ,^ ••••,' :t • •:_> r>.I^v twee), J^t) r)rrrf r,-;1 •rtY;^ llnrH Cn'rlC.t of -sae'^n-1w and atnrr vyUln Ql 001'Qaf OrY ^ 1n! ^J1 ;,rr •r. tell"I 1^11 1�1 t7 ill-N`.r r• t�c, are ;rr•, ., 'act at •nr -0 Inq Irr)■r •'V 13r,..r 1n 3 outrnf.ty given 10 ntm SECTION 7 A1to'I^rv1 •n Parts —a', ^a..' ;.nor• Ind J4,f7 "r,-, "n .Ct '0 '"• r• -1 anrj-'JI'dnl :1 'nr a)+.N ^t alrc'^ry isvol l to Pell^ to elerule am deUvrr On •Jrna'f v r^r (-:r^D.tnv 1-0-as J^r] .."de"j.,'•.,s .r,. •_.11r•.aI „^IrIC't _.f n•:r'••.^.fv Ir.r) n.r•r .ti.1 or).,latdry •n 1^e nafl.re 11,0fe0' The OCrt?areta its, ,1 0t ^ecllsary 'oI 1nr .J1 12•1. jr he, ba•`r!1 JM r �r• a. ^yl to ranC1l canlraCtI �r ,nar...n,Iv Ina u1^lr wr.hrvgs c0"gerory .n 1M salute t111rs•at Tine Cover 01 al'Ornev -1 s,Qn" and Ira•M 'Iv ParyIne. •-• IUI ^Cr,l r :1 •nr 1711T,.nq Rflo•ul�Cls boors 47 `v r^e chard Of C,reC-nrl of UNITED PACIFIC I►:SUnANCE _ZY11ANIr If I .-,►.I -q -.,,) -r. .nr .fi'r• !Iv 1' ;:c+arr' '97+ at .vn.en a cuolur•I •.al anent arts wo aesolulran Ilal 0%01 Nrfn af•w^Cta Of •.Cmj.fc -Rewilvf"]. '"at 1-0 tC^Jr..••I al I•..(^ 'I 'vt.-..s 1^r1 ,1t •-..s J^') '^n sIh ')f '^• 0.8,.t „jv `V all ■r.) •C a^v suc*i ooeor• _I allOfnry Or a^v It, 1.1' `le of Ll,^,. .o.r.••r] -1. 'art. ,'• f"rt J^v 1,C^ ;.I.vt' ..r I1'00n•v ^' Y'tir.rJtr y1. r,; IuCo, '1 71mna 1'9Pla1we1 C• 'JCI•I')•`• I11`81 04.0.1 •t .a"'] 1^(: ', ^r}r.•) .,l)^ •^• : •^rUr•v J^cl J^v s..c^ ..)wrr 1') I.feU1rQ Ara :YrrJ K7 br faclor?"'r I.gnflu'rl Ind I/f7. v. • 1rJ InJ'. •N .I.•r) I...t t- o. r1,n•; _ix-.- ­9 C,)r- ranv .) Ine ' .t Ure with 'rsc.`ecl 'n anv t•onn :r IN WITNESS w►IEQEGF -a f.0I1 TEC PACIFIC •4St;P4P,i': �lva•I'� ^1I cJ�1 r] '••u CIrIr^r. • t r• Ig"rq or .tt v n�•enr>.nt anti 11 ccrpt)risa peas 10 0e fte/n0 arll.rc 'J•vl'E;j •'ACIF 1(; 'P.SUAANCE CCIOPANY LAA STATE OF COUNTY OF at,,�__ i On IA.1 : tav of Jtp'•arrt] a „. aa ^.r .r.r !"vpolls de^I oI 'M 'JP4ITE0 ✓)AC:FIC INSURAPJ(:E r'Cf•IfANY Ind KLnOwretlped Pilaf nr t.rcWed ant] altetlyd Plot rn'rQC'^Q •nslrur+'rnl Inc! ill .vol 'r`1 teal t)t wa CCr:a]rlt On t^r'e1C. Inc! 'Plot Sats.Or, ))A SectiCn I Irvd 2 Of the 1/v•law%01 %J'd CJn•oan"r Ina "a R•101u"n let l0fl^'nrrf•n err fill' on'u'l IO'" I fie COt..rrlrtl•an E rpuet _/'u,..'L:­41 .c of •Vl lary P-.noc -n ana lot staff. 01 •s •~In•.• •.:1CO�::F3 .v ., . net'd-1 al .. a 1„_ r 1 Sttrerary nt rtv UNITED PACIFIC INSURANCE :^11PANY. do nerrrhy C11111v tnet the eeol• and Iorsgi1 nq .: a tr6a artrl cdtrres cotrY al a p4w.r .of Allo•^eY farcutPa ov La'd It P1f TED PACIFIC INSUR AtvCE CCMpANY. wA@Cn .1 It.0 In full fOrc•e ana effect IN v" TtiESS yvwtRC pr I set Pry •ana tron alf,afp try vat a1 u•a C.maan Car at A p r 1 i , 1� 9 0 dF +a 71 it UAL .1 i 14,—.6 ill Too 0. 01 sop E0. •. f "j STATE Or CALIFORNIA ss. COUNTY OF Orange On this 901 day of April , in the year 19 8t5 Ibefore me, the undersigned, a Notary Public in and for said State, personally appeared 'altze, Vice President/District Manager f G i i r F=1 "i C 0 ,%;jpANy , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the • � within Instrument on behalf of the Corporation therein named, and acknowledged to me that ' r. ��. P1TT,�1AN po 9 61C., :j. .,. A the Corporahcn executed it !,, WITNESS my hand and official seal LM Var ;� I_:�; A►yt OK11 VINT—Carmaim—wa,, P, ;" J22UA r—N.. jet Egg 0SL4rTs ;M, Ixes W!1 a it State of Californi,e County of Les Angeles Notary Public In and for said State. ' On this 8 t h _ 6a—, o* AL) r i l in thv •'ear 1986 T before me a Notary Fublic 1-ersonally appeared ?SI:"O'I _r personally f•:no n to me to I.ro•:ed tc me Oil they basis Of sati `acto:y evidence) tc be the l:e: son whose r•:amne; is subscril;ed to this instrument as they Attorney - in -Fact of UNITED PAC I Y I(: INSURANCE COMPAN'i and acknowledge to me that he ("►>; k subscr ibex: UNITED PACIFIC IN'SURANCI•: COMPANY own name as Attorney -in -Fart. MARTHA J. CHASE fly Cr m_; •,, ^ Et:rrS 1.11r 1. 1'ld9. t,� �. �,� :ice ��i1 _ � ''•� •r'•!.!'r, '._� �•�r� %T'•1 i the name Of r� thereto a5 surety, and his (host') Notary Public' in and,fox said County r I i UNITED PACIFIC IIN-TSURANCE COMr—. 1%T"Y" HOME OFFICE. TACOMA WASHINGTON PERFORMANCE BOND CALIFORNIA • PUBLIC CONTRACT Bond No. U 5 0 92 2 1 Premium: $783.00 Single Copy Executed KNOW ALL NIEN 131' Th1ES1 PRESENTS: That G R I F F I T II C OM PA;: Y as Principal. and the UNITED PACIFIC INSURANCE CO-MPANY, a Washington corporation author- ized to execute bonds in the State of California, :as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as -Obligee, in the sum of - - - - El GHTY SEVEN THOUSAND AND NO/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($87 , 000 . 00 ) foi• which suer,, we bind ourselves. our heirs, executors, administ raitors, successors and assigns, jointly and severally by these presents. THE CONDITION of the above obligation is such that. Whereas the Principal has entered into a contract, dated , 19 , with the Obligee to do and perform the following «•vrl: to -grit: Cons t r u; t i Oil 0 i S t ree t Imp r o v e m e n t s on Heil Avenue between Beach Boulevard ;lnd Silver Lane in t'..e City of Huntington Beach, California. C- Nu%v, TIIERCFOItE, if the said Principal shall well and truly per Sin the work contracted to be perfurmed under said contract, then this obligation shall be i-oid; otherwise to remain in full force and effect. Signed and sealed this S t 11 11111' :n01 CAI coNrAACT - 111'111.1C - 11114P014%1A` k 1. day of Ap r i I , 19 96. itIFFITFI CWIVANN( «... ........... ........................................... ....:._�........... (Seal) \` Ji••�. . ...ILL VIZ�F. PAUilDENT UNIT?ff'D CIFI INSVRANCE COMPANY By... .... ............................................................. Robert M. 11 in O t, Attnmepin•Fact Vol, 4 U"TI'TMnIF'IC MOM! 4f Ia1CI=, T ACOMA. WASHINQTON POWER OF ATTORNEY KNOW ALL AAEN BY THESE PRESENTS, That ton• LNI TED PACIFIC INCURANCE COMPANY, a careforation Oule orpanitod uMe/ the IeMrt of the sate of w17h.nalon. down Metebv ^Maile constitute and ag)VOtnl :1C::fir..�• J: ..vJ rt1.lVC,wo.......,_. ....�. ..._ .i . •��.11i. ::. a C/iul: n.'l:rin.•••--� Ill true and Iaw11d Allornev•.n.Ilct, to "so •■scute logo and ntlitrr fOl end On ill behalf and aA ll% ICI and open Ii.t: l,.l4 AL.. n.: 0 srV to bind Inf UNITED PACIFIC INSURANCE COMPANY Ihtrrov as fully and to Inc ur-- potent as .t wen bofwds arw Unnerlaringl and Collier will" obligatory ,n Mr, "Arun t•ereOf .pert, Ugned by to to E2ocufivr (30f.cer of ton! UNITED PACIFIC :NSUAAINC E COMPANY Ind ltalm7 and gifts tion by one a, now 01 luen aof tCtrs, one Morrow 'a 1.1•ts atiff !ant irrrl all f"II .is Ia.e AIfor rev 111 •n AaCi Tar CO ^ our1W nn netret Thla Power of Aftornev It gr,tntetl ardrr inn t:v aum.arlty of Section 37A of the ?y Lj%s of UNITED PACIFIC INSURANCE COMPANY whfcn orovtsfons are nor 1n full force and etfect, reaoing as 1011ows SECTION 37A - ATTORNEYS IN FACT SECTION i The Boato at O•rociars, fht Ptesreenr -71 Inv v•crarpn•atnt or Assistant V.ce.P'pltaent small ha..t taorrer Inn Aulnorlty to tal aopolnt AttO+ntvs ,n•flcl and to aulhprr r them To eeecute on behatl cl the Co—oanv bones ant, urnprlS■tngl. rptognitances. COnlraCt) Of .nnfmnity and Olhfr vietlrnp Obl'"forY .n Inn nature thereof. ♦old lot to trrm.e Iry IuCm Aftorret••n•Ilct at Inv time end rev0■e rule DOw.er and Aulmarlty given to Alm. SECTION 2. A Itornevs•tn•toct 1"all hart oow■rr fro aulr01.1v tubleCI 10 Ir•t tttrry and I.f-.Ial.onl at the DQv.fr it attorney .lslae'n to Imtrn, to evo ule and delfwet on De'tall of Ihf CCT(Lnv. Zone% •no unoerla■ .nqt "Cognttances. COnrr SCtl Of .naprw n.ty And Coiner .vrtt.ngs obl.galo/v Cn Ine nature thereof Tht corporate Seal •I not nrCllLaty lot IMe wal.o•ty of Inv bands Anil vMneflan."l rfcogm•lanets Contracts of .ndernn•tr and other rvrlttryl OOltgaltrev in IM nature therpot This pagow Of attorney ,s lipped and lfalM bw fac2in•Ale canner and by autnOrtty of the 10110vytnq Ae101ullon aanoled be she Board of DnfsctOrt Of UNITED PACIFIC INSURANCE CC►APA►1Y at a rrvfIlnq np.n 7n one ;6rh oar of Oclobtr 1971, It nnich a Quorum wltwnfnt. and Late golsolut,on Not not boon amended Or r•oralra w `Floeom-d. lhal the 1qnflur0s Of suCM dufCtOfl Anil Of1.Crrl And fhp trial of who COmOgnv ^uv tW Sfl•rr l to aMY 1UCn pOwtf Of attorney or any certificate trial.nq fMettIO by 'scil .lp and any IuCA Minor 01 11100'r•v Cf Cfffit.Cafa bearing luCh famemae I•9malurfs of $SCSI —le Its, Small be .41.e Ind blmr3-" upon Ine COr*IJInv Ind Inv Muth Downer so ferruled aria Cert.f.ra by faOrnwlf Uprlaturps inn foo.mtft Iran magi be vai.a Intl L) nninq ut»n file ronttlanv .n the future wilt, rrypoet to Inv tiono at undertas,ng to wnich .1 s allACAed s IN WITNESS vyHEREOF role UN17E0 PACIFIC :NSURANCE CC'.fPA►IY ,As ca4jl7d lhett cfelents loot Larsj by its V•Cep'fsldenl, AMC In 001t0e►ata MOO to bw hereto Affised. Intl aav of +="• _ 19,E UNITED PACIFIC INSURANCE COMPANY MAL STATE OFv•Cti'r.I•/nl d COUNTY OF On this26�:: day of �: ^: - t9�, t.erfo^atry Ippprra "' u . fo rot• •noMrn 10 bf ton• V.t•elorrNdent Of Shp UNITED PACIFIC INSURANCE CCMPANY Ind ecgno..fooatd that tit tsetufoe And allotted ono IO•pgoing •nllrur^tnf and Stollen I" leaf of so.d corDO►allon Ihtreto. and that !CpCllon 37A, Section 1 and 7 of the Bylaws of "'a Con"OAny and 'me Aplat.fl.gn. Set rgn"l lnitfrn Sto still .n full forty r Mr CeRwr•IHtyn E ■dint on �.�. 19 _ 'ti 'aashin...cn j�ruplt Hour. Public 'n a on ter State of �nia +f •' ~.' firs.atnq of T acowa r• 1 1•y_— C-- 1—C ;,.JCr. Afl•tlant Sectsita•v of the UNITED PACIFIC INSURANCE COMPANY, do heleav oorrtlfy Ihat I►" adOye red foregc.ra.s a true allot correct COW OI a Power of Altorrev t.ecvlro bw u•d'JN1fED PACIFIC INSURANCE CCMPANY, nnicn to still in full fan And eolem .f IN 10,1TNCSS WNE rE0F I harm hprtunfo sal rry hand Ind afftego tons logo of sold CornPan4A 1 8 C }I jaw of A Q r i 1 r %9 8 h ty �• till Asftttan serctgalr� e01.0.14J1 ;, CITY OF HI. NTINGT'ON BEACH 20M MAIN STREET CALIFOR NIA 92648 OFFICE OF THE CITY CLERK March 18, 1986 Fecit Strata Construction 10727 Leland Avenue Whittier, CA 90605 We are returning your bid bond which was submitted with your proposal for the construction of street improvements or. Heil Avenue between Beach Boulevard and Silver Lane, Project CC-446, in the City of Huntington Beach. The contract for this job wis awarded to Griffith Company of Santa Ana. We would like to take this opportunity to thank _you for your interest in submitting a proposal. Alicia 14. Wentworth City Clerk MW:bt Enclosure I T.lo phone : 714.536.5227 ) CITY OF HUNTING GN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 18, 198G Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 We are returning your bid bond which was submitted with your proposal for the construction of street improvements on Heil Avenue between Beach Boulevard and Silver Lane, Project CC-446, in the City of Huntington Beach. The contract for this job was awarded to Griffith Company of Santa Ana. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk A11W:bt Enclosure 1 Telephone: 714-536-52771 CITY OF HUNTING DN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 18, 1986 Clayton Engineering, Inc. 23011 Moulton Parkway, Suite J-7 Laguna Hills, CA 92653 We are returning your bid bond which was submitted with your proposal for the construction of street improvements on Heil Avenue between Beach Boulevard and Silver Lane, Project CC-446, in the City of Huntington Beach. The contract for this job was awarded to Griffith Company of Santa Ana. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure Mlephon.: 714-530.52271 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 18, 1986 McGrew Construction Company, Inc. 1461 Redgum Street P. 0. Box 6640 Anaheim, CA 92906 We are returning your bid bond which was submitted with your proposal for the construction of street improvements on Heil Avenue between Beach Boulevard and Silver Lane, Project CC-446, in the City of Huntington Beach. The contract for this jor was awarded to Griffith Company of Santa Ana. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AtIVI : b t End osure (To4ophone: M•53"7771 810 PROPOSAL FROM i i • "''" ' ;' '' • tyre+. Maim To the Honerabie Mayor and C'nY Councl City of Hunti iqUa Beads, Glifonlia: In complisK with the notice Irwitisy saeied pro possis for ON clearing and grubbing of existing miscellaneous objects, excavation and grading of subgrade to requi~ed depth, to accommodate, a 0. 41 A.0 . over 1 . 3' A.B. structural sec .:on construction of A.C. :germ, landscaping within parkway and ercyc�ion of a chainlink fence on Heil Avenue, between Beach Boulevard and Silver bane in the City of Hurltinclton Beach. • 41 • • • 0I CC-•l ; 6 I hereby propose and W" to enter into a contract to perform the work herein desoibed and to fwM* tiro mst&M the dory wwdieg to the *ra, speWkstions and specialprovisions for the aid work end to tine atiis>Mtion of and ender tin supervision o•f tint 0iriew of Public Works of aid City of HurTdrgton Be@*Californa. The undo *pwd hes not ocesptsd any bid from any suboorttrector or meteri■irmn through any bid depository, the by4awa, rule or rogristiom of rAW prohibit or prtvent the contractor from considering any bid hvm eery w6contrector or nttariairnan which is not processed through aiW rid depository, or mrkb prevent any wbcoatrxoor or Noterwlesan from laNdirp to say contractor who does not we the facilities of of accept bids from or thromo " bid depository. For the furnishing of all labor, arterials and equipment, and or all imW*ntsl work rtsa, -ry to deliver all the improvwrarrts aorcpllsrte in platy in strict conformity with the pism, speaf stions and gw:kl provisions, on fie in this office of the Diractot of Public Works, City of Huntington Beach, California, I propose and Was to take tvH payment t1mmore at the fo llsMoia9 snit prigs, to writ: ITEM APPROKIMATE ITEM WI T11 UNIT PRICE UNIT TOTAL NO OUANTITY WRITTENIN WORDS PRICE CleL'irt nq anti gruhl>ina at_ �- 1 . Lump Sum . _� �.r1�..4.•��_-._1_� .c_.__. - '�1_4:.�_�_.___-�__._ P(':" 1 LIMP SUMI C'!'Q e" /5 oOL� Cap Exca va i con ant. q I-aci, ng a__— ' 'L r t.rr C11b,r }•arci. a _ Con r r u c t A.C. berm (A" C .F. 3. 1, 100 L.'r'. !'!�-C'�tL1:�---.----- -�C'It7_.� _ -- re - neal not A s p h a 1 t contact e 3 650 Ton 5 C=1.___!!"~Lfy! . Ise r t c n�?7 Ay g r e g a t e base a t ��-`", �,•-r ,�� ��,.� - 7. 2 100 Tons ! . ---__---_.— _.. ._._ S' con /SoG,a 00 per ton. J L • • C • 7 A • ITEM NO. APPMW ATE aJANTiTV ITUA WITH OMIT MJC1 WIrrm IN MOII011 WILT PRIG& TOTAL Cnns,r-ruvt chainl ink fonvo (6' ) wit-h WO ( ) d S 1 at a r T! w.Cit ��. ` t!'!'er-4 jam f . 800 I,.F. Per 1 i n (-, a r foot. 4. G,e /e7ecRe eW Landscapi ng at- l .cS�. 7. Lump Sum � j��-----____�_ .:ye^e; nn_ � --- - - - -- per lump sum. Replace traffic signal director loops —per each. -------- -- ---p 1•el)� of 'lee Temporary fencing aC i n ea r f no r GY' TOTAL COST ()F PROJECT 11; WORDS TOTAI. COST 1,14 F 1 GURF.S 87000 40 1 P_2 -- it is understood and agreed that the opproxinute quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual gwatitim in the completad work, whetter they be more or lea; than thou shown herein at the unit prigs bid • in the propel schedule. The undw*ned understands the contract time limit allotted for the contract is 45 calendar days, If awarded the contract, the undersigned hereby og M to uQQn said contract and furnish the necessary bomb within ten (10) days of the award of said contract, and to boon work to ten (10) days from the date of approval of the con- tmct by the City of Huntington Such, California. • The undw*rwd has examined carefully the site of the work :contimplated' the plan: and specifications, and Ithe proposed •nid contract form therefor. The submission of a bid shell bi condusivr evidence that the bidder has irnMstiptsd and is setisfkd a to the conditions to be encountered, as to the chwat tar, clWity, and scope of work to be pe►rfornued, ON gwntitiee of raartuieh to be furnished, end as to the requirements of the proposal, plains, specification, and the contract. Accomparsying thk proposal is 10Z Bidder's Bond ($ ) NOTICE: Inert the words "Cash," "CarWied Dock," or "Bidder's Bond," as the case may be, id an aaoount equal to at • halt 10 percent of the total bid price, payable to the City of Huntington Be&6. The u'nds and deposits the above namod security as a proposal guaranty "and agrees that it shell be forfeited to the City If a rttrt for oa liqu &tad dome" in we this proposal is accepted by the City and the undrsignad dual! hN to C' of Ilunti sag said work and to furnish good and sufficient bonds in the form sat firth is the specificatiom end contract documarm of the Chy, with surety satisfactory to the City within 10 days after the bidder Ines rewired written • notice of the award of the contract; otherwise aid security shall be roturnW to the undersigned. Liss sad in emwdencewith an art providing for the registration of contract License No. 32168 0 P� 41 1' &sinel;Address 2020 Yale, Santa Ana, CA 92704 Plop of ReWIM 2020 Yale, Santa Ana, CA 92104 DOW this 5 t h day of March 16 ah Bidder &hull signify receipt of all Addenda hers, if any: Addendum No. l Date Received h 1 J.L 7 S*W urn of BWdM Biddq 's Si natury p_3 INFORMATION REQUIRED OF BIDDERS i The bidder Is required to supply the following information. Additional sheets may be attached If neoaeaary. 1. Firm Name: 2. Address: 2020 Yale, Santa Ana, CA 92704 (714) 549--2291 • 3. Telephone - Corporation 4. Type of firm — individual, partnership, or corporation: 5. Corporation organized under the laws of the State of California 6. Contractor's License Number: 32168 • Classification of Contractor's License A B C-12 7. Ust the names and addresses of all members of the firm or names and titles of ail officers of the corporation: CRIrrITH COMPANY OFFICERr i CEORCE P. GRIFFITH CWIIRMAN OF',THE BOARD AND 114 ROBINHDOD LANE COSTA MESA 92627 CHIEr'LXECVrIVt OFFICER DO" L. MC CREW PRESIDENT" .;,, wj,. A6 ; ., 5800 THE TOLEDO LONG BEACH 90603 VINCENT DIAL VICE'PRESIDENT/DISTRICT MANAGER 7721 LAURELWOOD LANE LA FALMA 90623 JAMES B. HAYDEN VICE'PRESIDENT/DISTRICT MAMACER 5411 WARWICK PLACE BAKERSFIELD 93309 JACK r. IMM[EL V10E`PRESIDENT/DISTRICT MANAGER 5422 BROCKWOOD STREET LONG BEACH 90e08 JAMS D. WALTZE VICElPRESIDmT/DISTRICT MANAGER 2e4 SUCKNELL ROAD COSTA MESA 92627 JAMES W. BALLEW ASSISTANTDISTRICT MANAGER 1508 LONGWAY LANE BAKERSFIELD 93309 DENNIS H. TEAGI'. ASSISTANT DISTRICT MANAGEP 26652 ESTRADA CIRCLE MISSION VIEJO 92691 MARLIN E. YOCHUM ASSISTANT DISTRICT MANAGER 434 PINEHURST COURT FULLERTON 92655 ROHERT r. MO110 VICE PRESIDENT/SECRETARY. 52) MAGNOLIA COPONA 91720 TREASURER, plated) (Namo and CHIEF FINANCIAL OFFICEP THOMAS r. LE FEVRE ASSISTANT SECRETARY 1510 E. 4TH STREET LONG BEACH QOR11 i i 10. List the namq of the person who inspected the Cite of the proposed work for your firm: X - ldg�& a &k: � 44::A2 — Date of Inspection L L,-6 _ • 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-4 �-1c1l1r{TH COMPANY • i GRIFFITH COMPANY CONSTRUCTION EXPERIE14CE REFERENCES Year mpleted For Whom Performed Person to Contact Tele2hone 1983 State of California - Department Kenneth R. Ful': — (714) 751-3247 of Food s Agriculture General 14anarE-- Orange County Fair 6 Exposition Center ($763,163.00) 1983 City of Newport Beach Benjamin B. Nolon (714) 640-2291 Superior Avenue Director of Public hocks ($1,016,876.00) 1983 City of Irvine Brent Muchow (714) 660-3600 Barrar,ca Parkway Director of Public Works ($902,223.00) 1983 City of San Clemente Edward Putz (714) 492-5101 Pier Bowl City Engineer ($663,507.00) 1983 City of Irvine Brent Muchow (714) 660-3600 University Avenue Diruc:tor of Public Works ($989,505.00) 19B4 City of Fullerton Hugh L. Berry (714) 73B-6845 Fullerton Airport Assistant City Manager ($477,400.00) 1984 County of Orange, G.S.A. Dick Smith (714) 834-321' John Wayne Airport Project Engineer ($941,24H.00) Construction Section DESIGNATION OF SUBCONTRACTORS In compliance mtn the "Subletting and Subcontracting Farr Ptuctices Act" being Sections 4100•4113 of the Government Code of the State of California and any amendments thereto, each bidder shell set forth below the name and i location of the place of business of each subcontractor who will perform work or labor or render service to the prime can - tractor in or shout the construction of the work or improvement in an amount in ettcm of on*•half (%) of am pscmt (1%) of the prima contrubr's total bid, and shall further set forth the portion of the work which will be done by each subcon- tractor. Only ore subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the r.#ork to be perfurmed under the contract, he • shell be deemed to have agreed to perform such portion himself, and he shaii not be permitted to subcontract that portion of the work except under the conditions hereinafter sat forth. Subletting of subcontracting of any portion of the worn to which no subcontractor was designated in tits original bid shell 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 STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND A]URESS NUMBER CLASS • a i n u 11 By submission of this proposal. the contraetur certifie, 1. That he is able to and will perform the balance 0 el! work wl'rirh Is covered in the above subcontractor listing. Z. That the City will he furnished copies, of all sub•contrac(s entared into and bonds furnished by sub -contractor for this project. P -5 GRIFFITH CC N`P)ANY 1 i, CITY OF HUNTINGTON BEACH '2000 MAIN STREET CALIFORNIA 92648 Paul E. Cook Public Works Department Director HEIL AVENUE - CC-446 (714) 536.5431 (BEACH BOULEVARD - SILVER LANE) JANUARY 211 1986 ADDENDUM NUMBER 1 Notice to All Bidders: The following revisions and additions shall be made to the bid documents: Section 300-1.1 Clearing and Grubbing, page 21. As an addition, this item shall include the removal of a carport as shown on sheet Number 2 of the plans. This bid amount should be included in the clearing and grubbing lump sum bid price. You are requested to acknowledge signing the form below; return a bid proposal. PEC:PN:dw the receipt of this addendum by copy of this addendum with your - ZeXy truly yours, Paul E. Cook Director of Public Works This is the acknowledged receipt and review of Addendum Number 1, dated January 21, 1986. It is understood that the revision of new documents shall be included in the bid documents. GRIFFITH COIAPANY, VICE P►-tEs�u Company Name By Marcie 5, 1986 Date �t:t'F7,FANY Submitted to: Submitted by: Prepared by: REQUESO FOR CITY COUNCl&CTION Date I -larch 6, 198E Honorable Mayor and City Council Charles Thcr�)son, City Administrator_ ji Paul E. Cook, Director of Public VbrksN`- Subject: Heil Avenue Street Improvements; CC-446 Consistent with Council Policy? P. I Yes (I New Policy or E r _ _ �, c: � . •, � - ,."'c :► t. ICI. U;� Statement rf Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: Pursuant to City Council approval of August 19, 1985, bids were received on '•'+arch 5, 1986 for the inprovernent of roadway alone Heil Avenue between Beach Poulevard and Silver Lane. Reccmmndation : Accept the low bi3 by Griffith Company and' authorize the Vayor and City Clerr: to execute an appropriate contract in the amount of 587,000.00. Analysis: On August 19, 1985, the City Council apprm,c-i the plans and specifications for the impravenr--rts of rc: idway along Heil Avenue hetxrcn Beach Boulevard and Silver Lane arx? authorized staff to solicit construction bic'.s. Bids as sinmrized belt-; were received and opened !larch 5, 1986. Contractor Bid Total Griffith Company S 87,000.00 Sully Miller Cons t . (7ompany 90,977.50 General Procurement Cons tnicti on 103,365.00 Clayton Engineering 104 , ?92.00 t•Grew Construction 106,150.00 Fecit-Strata Construction 106,990.00 Nobest, Inc. 114,502.50 Excel Paving Ccrgg,any 116,5C0.00 Staff reviee;ed the bid proposals and recormanrls the acceptance of the ('ri f fi th CWS)any submittal. Fundinq Source: Project Costs: Construction Contract SP7,000.00 Construction Contingencies: 17,400.00 S104,400.00 Funds budgeted in Capital Outlay Account E744460 (Heil widening) -• $190,000. Alternative Actions: 1. Reject the low bid and select another contractor. 2. Reject all bids and forego imro%-"Tr-nts . Attachments: : Irxation Map PEC: M: 1w } kw]d iL Z • ti DATE: March 5, 1986 • ENGINEER'S ESTIMATE. 114E 311718 C 12 JOB AND CC NUMBER: CC-446 Heil/Beach/Silver Lane BIDDERS NAME TOTAL BID AMOUNT All American Asphalt Al -Mac Landscape Bruce Pavi California Concrete Cutting and Coring ' o Clayton Engineering Envi ronnents Wes t Excel Pavi n ,• CaRpam, or ems,_ lel Feci t-Strata Gateway Cons truction General Procurement/Coast Gi llesRie cc)nst-nctinn_.... o� Griffith Ooapany Landscaping, Incorporated 013 CC ?ID!'CP.S NA!•IL McGrew tbmstruction R. J. Noble Abbest, Incorporated S teiny and Conpany Siil.ly4li uer 0 TOTAL BID A.MOf.1NT i SQ �` ?d) k 77 t"j.t {L %1 - '/ r NOTICE INVITING SEALED BIDS CC-446 Noti Y 9 o . h, Uh California will receiver sealed bidsh forhthe con's a tton)rof stieet :.i rm o�'ement on He ' `'d y g y � of the City of Huntin ton Beach, it `Avenge between,'Beach Boulevard and S1(yer�Llane in the City of Huntington Beach California in accordance with the plans and specifications and special provisions on file in the off ice of the Director of Public Works. Documents will be available on Jana 22 , 1986. A charge of b 10.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work item Quantity I. Clearing and grubbing Lunip Sum 2. Excavation and grading 2,000'C.Y. 3. Construct A.C. berm (8" C.F.) 1,100"L'.F. 4. Asphalt concrete 650 Tons 5. Aggregate base 2,100 Tons 6. Construct chain link fence with wood slats 800 L.F. 7. Landscaping Lump Sum 8. Replace trafcfic signal detector loops I No. 9. Temporary fencing 750 L.F. In accordance with the provisions of Section 1773 of the Labor r. Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications; together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above rp iantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid be e out an Public Works, Develodment Wing, 2000 Mein Streeobtained Huntlnthe tonoffice Beacof CaII Director of s. p� g� , g nje;;. all be sealed and filed with the City Clerk at the Civic' Center, Floor Admlr�ist'rat on be sealed an g, 00 Main Street, Huntington Beach, California on or before , 2 00` `'P!M- l p y ,,.p "the yClerk,the City Attorney and Director of Publlc Works or their suthorized representative and`. the of;,Ma � 1986, and shall be o ened b a committee corn osed of 'the City , results of said bidding will be reported to the City Council of said city of Hung" gton Beach at their regular meeting to be held on Monday, the 17 th of 'Harm _, 1986, at the hour of 7:30 P.M. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon b;: said City Council at the regular meeting of %larch 17, 1906. The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this AUj. 198,r.4!;' ATTEST: Alicia 'Wentworth City Clerk Jj CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Paul E. Cook Director To City Clerk: Q Notice Inviting Sealed Bids Public Works Department (714) 536.5431 (SPublication in Huntington Beach "News on :a !C , Remarks: Authorization from City Council to advertise Bid Opening Date M�-r�-k S, i` 6(_, Time ,;L, oo Pie, . . Engineer's Estimate :1 114-, oo0 eery ruly ur , Pa 1 E. Cook Director of Public works PEC:JFM:lw REQUE FOR CITY COUNCI ACTION Date ?August 6, 1985 Submitted to: Honorable Mayor and City Council Submitted by: Charles 11. Thcrrpson, City Administrator },�;;C►t'%li I:l' Ct;'i c;vut�C... Prepared by: Paul E. Cook, Director of Public librks Subject: HEIL AVE.VIJ - PI;C17FX'I' CITY CLERK Consistent with Council Policy? �::j Yes [ j New Policy or Exc Statement of Issue, Recommendation, Analysis, Fundin Source, Alternative Actions, Attachments: Y I � STATE= OF I SSUF : Council authorization is needed to acquire right-of-way and solicit bids for con- struction of the Heil Avenue wideninc proiect (CC-446). FE)CCH-1EMATICV : 1. Authorize the purchase of private real property (The Barra's) on Heil Avenue at the appraised price and appro«1 the transfer of $140,000 from the unappropriated gas tag: find balance (F301) , into account =744460 for this purpose. 2. Approve the plans and specifications _or said project an,-.. authorize tlhe staff to advertize for bids. ANALYSIS: The carpletion of a street widening project on Heil Avenue, best of Beach Boulevard, requires the acquisition of a parcel of privately owned real property. The owners of this property have agreed to sell it to the City for the appraised price. A funding request of $140,000 for the purchase, tenant relocation cost, and removal of structures e:qDnanses is detailed b-.1m. Purchase Price S122,000 Relocation Costs 5,000 Resnova 1 F'q-)ense 13,000 Total $140,000 The plans and specifications for the interim widening project are now ecrrplete and ready to be advertized for bids. The construction portion of the project is funded in the current budget. FUNDING SOL= : City gas tax: S140,000 to be transferred frrm fund balance (17301) into the project account (744460) for the land purchase. $175,000 is already budgeted for the actual rnnstruction. ALTEIATIVE ACTION: Postpone or cancel ATPFOMM : F.I.S. Location Map CwP:PEC:JS:dw Pf0 4/84 the project. �-8 JlO U PROSECT LOCATIONS MAP H CITY DIP HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION KNTVYC?rA MACH To CHARLES W. THOIAPSON From R013EIlT J. FRANZ, Chief City Administrator Administrative Services Subject APPROPRIATION FOR Date AUGUST 9, 1985 RIGHT-OF-WAY ACQUISITION (CC: 446), FIS 86-2 As requested under the authority of Resolution 4832, a Fiscal Impact Statement has been prepared and submitted relative to the proposed parcel acquisition, deemed necessary for the successful construction of the Heil Avenue widening project. Estimates are that un appropriation of $140,000 would be adequate far this purpose. An affirmative response by the City Council will require the transfer of $140,000 from Gas Tax unappropriated fund balance into the project account (11744460) for the land purchase - reducing the balance of the City's unappropri3ted Gas Tax Fund to $1,255,391. ROBERT J. FRANZ, Chief Administrative Services By: , T. zV11_1_ELLA. Acting Chief Administrative Services RJF:DTV:AR:skd 1557j . e o FISCAL MPAC'T STATi ETIr i E l L AV ZIL E IMENING 1. Budget Status The construction portion of the project is budgeted in the Fiscal 1985-86 budget. However, .-'*.a funds needed for aoquisiticn of the right-of-way were not included tva ause ue anticipated Alff? participation which did not materi- alize. 2. Total Cots A. Direct: $140,000 as a one tiro etiT-enditure from the gas tax fund. B. Indirect: Loss of earnings on these funds 3. P-mdincT Source A. Funds: Gas tax funds on deposit in account F301 (fund balance) for transfer into account 744460. B. Ravenue Sources: State Gas Tax C. Alternative Funding Sources: Gertiral. Ftu-sds D. History: Gas tax funds have normally b�-n tsed for this purpose in the past. Aulhoritea to Pubiisn A0 ,er,rsementS Of sit kinds including puphc notices of Decree ,t !ne ;,;a► or C:)urt of Orange County Catrto►nia Numter A-62'4 -lated :9 SeDre►nb0► 1961 anA A-2483 • dated 't .une '963 STATE OF CALIFORNIA County of Orange .r., .�•r•Y :J•rw I am a Citizen of the United States and a resident of the County aforesaid. ! am over the age of eighteen years, and not a party to or interested in the below entitled matter I am a principal clerk of the Orange Coast DAILY PILOT with which is combined the NEWS -PRESS. 3 newspaper of general circulation. ,irinted and published in the City .f Costa Niesa. Count•, of Orange State of California. and that a Notice of _- Ir:�•i~inc; Bids of which Copy attached hereto is a true and complete copy. -was printed and pubw., tea in the Costa ►'.fesa. Newport Beach, Huntington Beach, Fountain Valley. Irvine, the Soutri Coast communities and Laguna Beach issues of said newspaper for consecutive weeks to wit the issuvsl of Januar•: 23 t9f3_ _ t' cill U'l r•. ; (. I declare, under penalty of perjury, that the foregoing is true and correct. Executed On _. February — , 198 T at Costa Mesa, California. ignature I PUIRIC HO110E i,Ut$LlG ffUIICE I PUBLIC NUIIUL ;NOTICE INVf imiG SEALED BIDS CC-4" Notice Is hereby given that the .1 City Council of the City of* Huntington Beach, California MI roost" sealed bids for the emstru ;clan of sloe. Improvements on Hell Avenue between Beach 8aulevard and Sliver Lam In the City of Huntington Beach, California in accordance with the olrns and specifications and special provisions on file In the office of the Director of Public -Works. Documen R M11 be available on January a 19W A charge of $10.011, not refundable, will be required for oach set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Ouentlty, grubbMp Lump Sum 1. Excavation 2. and gradiry 2.000 C.Y. 3. Censtruet A.C. berm (a•- C.F.) 1,100 LF. 4. Aspftatt otrrle. sle 6bo Torts S. AgWepate bass 1.100 Tens 6. CoWnx1 chanr Ink h --e with wood slats WO LF. 7. trrrqq I Lump Sum a. pla etrafnc SOW detector boPS 1 No. 9. Temporary fencing 750 L.F. ; In accordance with the provisions of Sectlon .1773 of the Labor Code, the Stcte of California. Director of the Department of Industrial Relations shall determine the general,prevelling rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at tie offlos of the City Clark and the offlce of the Director of Public Works of the City of Huntington Beach, CeIlfOmiL Plans and specifications, together %ith proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beech, Calif ornia. No bid will bee received unless It Is :,!ads on a blank form furnished by the Director of Public Works. The spec. attention of prospective biddors Is called to the proposal rreeqquirements, set forth In the specifications, for full directions as to the bidding. Tha bovs quantltbe are'am' oximate'onfy, being given as a basis for ��and•.t City of Huntington Beach does not the cmparlsonblds,M exprea or bydof. 'lmplications ogre@,that the actual amount *of work will correspono� tttereMMh' but reserves the right to Increase or decrease the of loss of the vixk, as may be deemed necessary amount any or portion or exfNedlent by the Director of Public Works. All blds,wtl(tie compared on the bsals of the Director of Public Works estimate of the quantities of work to be done. , Substitution' of sectuttlas for aannyy moMea withheld by the City to Insure performance shall; be permitted. In accordance with provisions of the ; California Government Code, Section 4590.,;, ,- t,o Jai,,. . r ,-,, r v+a r.y , : .u, .., Eae�i bid stall tie made out on s form to be obtained tit this office of the ; Director of Pub:M.Works. Development., ,•� Main Street, Hunt- ington Beach, Callfoinla; shall bei shafted and fI with the City Clerk at the ; Ctvlc Center, S000�d Floor Administration Building, 2000 Main Street, March : Huntington,easch.,Caiffomta,`on'or before 2:00, P.M. of a ;1f11110, and shall be" by's committee cornootied of the City Clerk; the City ; t9rector Public Wcrk3 or their authorized representative Attorney and of and the results of said bidding'will be reported to the City Council of said ; Cltiof Huntington' Bosch at their regular rrtesting to be held on Monday, , the 17th day of March, IM, at the hour ol,7:30 P.M. In the City Council Chambers In the CMc Center of sold City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of litarch 1T. : son. : The City of HuntInVion Beach. California reserves the right to re)eet any : or all bids. end to accept the bid deemed for the best Interest of the City ; of Huntington Beach, Callfomla. - By order of the City Council of the City of Huntington Beath. California thls► Aug. 19. 1985. ATTEST: Alkla tirentworth City Clark Pubf'rthed orange Coast Davy Pilot January 23, 30, 1989 Th-5d7 DATE: March S, 1986 ENGINEER'S ESTIMATE: 114K JOB AND CC NUMBER: CC-4 46 Hei l/Be---ch/Si lver Iane BIDDERS NAME E, I TOTAL RID AMOUNT A11 American Asphalt Al -Mac Landscape Bruce Pavi na Carpariv Celifornia Concrete Cutting and Coring Cl2yt2n Engineering Envi ronments Wes t Excel Paving Crxpany Feci t-S t-ra to I Gateway Cons truc ti on General Procurement/Coast -' GillesPi Griffith Omp-mi - Lands c:api ng , Incorporated ?ID^Er.S NAME TOTAL BID AMOMN'T I - i McGrew OJnstruction i iR. J. Noble Nbbest, Incorporated -- _ - Steiny and Conparry, Sully -Miller I Ifintoi h1ni It, rrh. I' % 9.11 r b A MUNICIPAL CORPORATION BY This is to certify that the policies of insurartco Is ckwlbed below hay• been issued to the insured by the undei:ig"ed and are in forte at this time. If them policies are cancelled or changied in such a runner that will effect this certificate, the insurance company agrees to gira 10 days prior written notice, by mail,1obty of Huntington Beech, P. 0. P.ox ? 11, Huntington Basch, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND D. TEO 8Y AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured GRII'FITII CO II'AN'i Address of Insured 2020 Y'%L+r S't'PEf T S1'NTA LNA. CA 92701 Location of Work or Operations to be perfonvad HE'1L 11VI:►DUI` STREET I.•I PROVEMEN'TS CC-44 0 Description of Work or Operations ---.---------- POLICY DATES LIFAIT'S OF LIABILITY NAME OF COMPANY Effsetfire Eaalntbn POLICIES IN FORCE POLICY NO. in Tixwwds (tool (INS.) GENERAL LIABILITY COMPREHENSIVE FOnM U 1 1 •�;" .�.: 1% 8 1 , 000 , UN I CARE INS. (,4 PREMISES — OPERATIONS S CS L Each Oecuren" I Y EXPLOSION AND COLLAPSE HAZARD (� UNDERGROUND HAZARD (Y PRODUCTS COMPLETED OPERA r1ONS HAZARD I� CONTRACTUAL INSURANCE 13 BROAD FORM PROPERTY DAMAGE INDEPENDENT CONTRACTORS I � PERSONAL INJURY AUTOMOBILE LIABILITY I X COMPREHENSIVE FORM ;tc01 12) 35 4/ 1/ 86 3/21/87 1,000, UNICARE INS. 14 OWNED = CSL Each Oomrsim 1.1 HIREG I NON -OWNED E rE;S LIABILITY I () UMBRELLA FORM i ( I OTHER THAN I UMBRELLA FORM MIORKERS' COMPENSATION and 1CC011255 4/.1/86 3/21/8 7 $1-, 000, UN1Ci% E." INS. EMPLOYERS' LIABILITY �s Additional Insured Endorsement: Tiie insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insurers: hereunder, for the acts of the Insured, and such insurance shall be primary to anv insurance of the City of Huntington Beach, as their Interest may appear. Data 4 1 R/ R A INSURANCE COMPANY UNICARF. INS. COI•lPANi r.=_ Addrew 2361 Camnus Dr. Irvine, CA 92715 City RAMNNINft -- AIJi■HORIZEf? R�PREkE1� ATIVE OF INSURANCE COMPANY B� ( e.* ' �eyk'•�tJ)c/o Corroon � 131�tc}: Ins. P.O. Iio�-SOT, u Addroee C" Pasadena, CA 91109-0190 Telephvr+e B18 7 9 h=I 8 8 8 HOLD HARMLESS AGREEMENT GRIFFITH COMPANY '(to be oxecttted by Insured) The insured • . agues to protoct, defend, Indemnify, save, ar,d hold harmisee tMs City of Huntington Beach` its officers, argent:, and employess spinet any liability, lose, damape, ooet, or axoensa by scion of any and all liability, suits, claims. clernands, judghsente and catHoe of action =uaad by insured, arnplayees, agents or any subeentrector or by any third party arising out of or in cont"usince of the port ce of all of. ally Zporatllon ions or aetlrity for which thlt''osrtificate Gt insurance is furnisNW. •11) Sole Proprietorship (2) ship ��i (4) Other (nm) JAM 0. +'r ._ r7E HOLD HARMLESS SIGNED: Title�ECeE eRESIDElVT (All nanw shall be priMsd a typed balom aech s+pnature.) By 11 Corpe+relon. TWO QMeers nnmt or. ea• tit frilenaaat wthorl wdM eo