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HomeMy WebLinkAboutGRIFFITH COMPANY - 1992-12-21WHEN RECORDED MAIL TO: CC-725 CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Hirai inuton Belch. Calif. 9264A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to GRIFFITH COMPANY, 2020 S. Yale St. Santa Ana, CA 92704-3974 who was the company thereon for doing the following work to -wit: Center Avenue widening at I-405 Freeway off/on ramp, Project CC-725 Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Site: Center Avenue at I-405 Freeway off/on ramp Nature of Interest: Easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on October 25, 1993 That upon said contract the Reliance Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 27th day of October 19 93 . �r City Clerk and ex-offi0b Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,GONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF 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 27th day of October 19 93. This document is solely for the official business of the City of Huntington Beach, as contem- City Clerk and ex-o o Clerk plated under Government Code sec. 6103 and should be recorded of the CityCouncil o the City of Huntington Beach, California Free of charge. g CITY OF HUNTINGTON BEACH oN INTER -DEPARTMENT COMMUNICATION Z� HUNTINGTON BEACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% RE ENTION PAYMENT Date , 7c.. _ r7_ a CC VZ5 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. B'AN T. VILLELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: q3v LOUIS F. SANDOVAL Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: G CONNIE BROCKWAY City Clerk I certify that there are no outstanding invoices on file. DONALD WATSON City Treasurer IR, 1% 'ION PLEASE COMPLETE THIS INFOr ! - RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: DOC # 93-0789851 17--NOV-1993 11251 AM Recorded in Official Records of Orange County: California Lee A. Branch: County Recorder Page 1 of 2 fees: ! 0.00 Tax: S 0.00 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) a 11 /92 WHE' -CORDED MAIL TO: TOP GRIGINAL cf` 7 S 110G`#1 ENT RECORDED ON _,CuticidT glut'n 93-0789841. GI FY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Hunlin0on Beach, Calif. 9264F NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded -by -the City Council of the City of Huntington Beach, California to GRIFFITH COMPANY, 2020 S. Yale St., Santa Ana, CA 92704-3974 who was the company thereon for doing the following work to -wit: Center Avenue widening at I-405 Freeway off/on ramp, Project CC-725 Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Site: Center Avenue at I-405 Freeway off/on ramp Nature of Interest: Easement GONFORMED COPY Not Compered with Originlilt That said work was completed by said company according to pla w and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on October 25, 1993 That upon said contract the Reliance Insurance Company . was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 27th day of October ., 1993 . City Clerk and ex -offs Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I,CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-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 27th day of October , 19 93. This document is solely for the official business of the City of Huntington Beach, as contem— plated under Government Code City Clerk and ex-offo Clerk Sec. 6103 and should be recorded of the City Council o the City free of charge. of Huntington Beach, California REQUEST FOR CITY COUNC ACTION! October 25, 1993 Date Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrator 1913 r Prepared by: ,,,,�arbara Kaiser, Deputy City Administrator ��j;'&daz �?,C ouis F. Sandoval, Director of Public Works crF ERK Subject: CENTER AVENUE WIDENING AT I-405 FREEWAY; CC-725 Consistent with Council Policy? [ T Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:. STATEMENT OF ISSUE: The Griffith Company has completed the construction of street improvements along Center Avenue at the on/off ramp, I-405 Freeway; CC-725. RECOMMENDED ACTION: Accept the improvements and authorize the City Clerk to file the Notice of Completion for the construction of street improvements along Center Avenue at the on/off ramp, I-405 Freeway; CC-725. ,ANALYSIS: On December 21, 1992, the City Council awarded a contract to The Griffith Company to widen Center Avenue to provide traffic circulation improvements. The construction of these improvements are now complete, per the approved Plans and Specifications; therefore, the 'Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of contract costs: ncil Annroved Actual Expenditure Contract Amount $180,110.95 $181,571.79* Project Change Orders 18,000.00 9,156.12 Project Incidentals 16,889.05 2.280.Q4** Total $215,000.00 $193,007.91 * Contract amount reflects actual quantities placed on the project. ** -Estimated final testing costs. Project Change Orders were issued to relocate street light conduits found to be too shallow; additional excavation and additional base rock due to poor soil conditions; additional asphalt pavement removal and additional street traffic lane striping not addressed on the construction plans. Final costs resulted in actual expenditures being 10% ($21,992) less than the Council approved budget for the project. P10 Sias Fr RCA; CC-725 October 25, 1993 Page two FUNDING SOURCE: Sufficient funds were budgeted for the Center Avenue Widening project in Account Number E-T H- P C -7 2 5-6-7 2-00. ALTERNATIVE ACTION: Not applicable. ATTACHMENTS - None BK:LFS:ERC:gd 340lg/l&2 4 /Al, CENTEf AVE. HUNTIN-'G'-fM4 CENIUR I CITY OF HU"NGTON BEACH EDINCR AVE. .. . ....... I . ..... . ....... - --------- I I CITY OF WE'S.TMINSTER .................. k 0 6 i I GALIFORIIIIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA `county of —ORANGE 4n 10-11-93 before me, DEBORAii ANNE DUMITRESCU, _NOTARY PUB_LIC_, DATE NAME TITL[ OF OFFICEn - F G .PANE rx)E NOTARY PrJIN !C personally appeared — w--_ THORAS L. FOSS NAME(S) OF ,S)GNIL RISI Xftersonal)y known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized DEBORAH ANNE DUMIMESCU capacity(ies), and that by his/her/their r . COMM, #870067 signature(s) on the instrument the person(s), Yw!� NotaryPublic- California Dor the entity upon behalf of which the ORANGE COUNTY -• person(s) acted, executed the instrument. My Comm. Exp. Apr. 22,1994 WITNESS my hand and official seal OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER 1 hough Stalule doe% nol rOWvf@ the Notary 10 Idt in the data Wow, doing so may prove invAluable io person, relying on rite document. INDIVIDUAL C] CORPORATE OfFICERIS) rITLEISi PARINER{S) C] LIMITED GENERAL ATToRNEY•IN- FACT [] TRUSTEE(S) GUARDIANICONSERV ATOR OTHER —_— SIGNER 1S REPRESENTING: NAMF. or PE nSON(S! on ENT ilY{IES) $IGNAIURE Or NOTARY OPTIONAL. SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT TH�44E DOCUMENT DESCRIBED AT RIGHT,—u�—�w--L— w --- --_ NUMBER OF PAGES._—____ DATE OF DOCUMENT _---- -- Though the data requested hero is not required by law. II could prevent fraudulent reallachmeni of tl)%s Iorm SIGNER;S) OTHER THAN NAMED ABOVE t^1993 NAnONAL NOTARY ASSOCIATION • 8236 Remmei Ave. P 0 Box 7184 • Canoga Park. GA 91309,718a IL1t.PHN1A ALL-PURPOSE ACKNOWLEDGMENT Stake of CALIFORNIA !r County of _ RIVERSIDE 7 IN On _.. — before me, CANDY M. COONS, NOTARY PUBLIC DATE NAME TItLE OF OFFrCER E G 'JANE DOE. NOTARY PUBLIC personally appeared ELRE H . HAGEN NAME;SI OF SIGNERIS; ® personally known to me - OR - proved to me on the basis of satisfactory evidence ` to be the person(s) whose name(s) Is/are subscribed to the within instrument and ac- knowledged to me that he/sne/they executed the same to his%her/their authorized capacity(ies), and that by his/her/their Comm. tIC57544 slgnature(s) on the instrument the person(s), J�/f~NOTARY PUaLIC C;.LIFORNI or the entity upon behalf of which the •. RIVERSIOE COUNTY Q person(s) acted, executed the instrument. �;'; Comm. Explros Doc. ZS, 11ft3 4 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary 10 1,11 in the Bala below doing so may prove invaluable to persons relying on the document INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) ❑ LIMITED GENERAL 0 ATTORNEY -IN -FACT 0 TRUSTEE(S) 0 GUARDIAN;CONSERVATOR 0 OTHER __ SIGNER IS REPRESENTING: - WITNESS my eland and official seal. NAB OF PERSON(S) OR ENTITY11F51 SIGNAL HE OF NOTAHY OPTIONAL SECTION Tr%1, �;ERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES _ DATE OF DOCUMENT Tno'}gh the data requested here is not requlreo by taw. t It could prevont lraudulcnt reattachment of this tam SIGNER(S) OTHER THAN NAMED ABOVE MAINTENANCE BOND Bond No. B 1926462-M y `EXECUTED IN ONE COUNTERPART RELIANCE INBTJRANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA APPROVED AS TO E08M GAIL HUTTON CITY AT 0R1 KNOW ALL MEN BY THESE PRESENTS, that we GRIFFITH COMPANY By: C Det ut7 C1 Attorney as Principal, and RELIANCE INSURANCE COMPANY, a Pennsylvania corporation, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the full and just sum of ONE HUNDRED PERCENT OF THE FINAL CONTRACT AMOUNT --- ------------------------------------------------ 100% FINAL CONTRACT Dollars ($ AMOUNT ) 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. WHEREAS, the said Principal entered into a contract with CITY OF HUNTINGTON BEACH dated DECEMBER 1992 for CENTER AVENUE WIDENING, RESTRIPING, SIGNING AND SIGNAL MODIFICATION AT I-405 AND BEACH BOULEVARD ON/OFF RAMPS (CC-725) .4 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of ONE ( 1) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within year(s) from the date of approval of the said contract, the work done under the terms of said contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. PROVIDED HOWEVER, this Maintenance Bond is only furnished in accordance with the maintenance provision of the underlying contract. Signed and sealed this 7TH day of OCTOBER , 19 93 Witness: I _I BOR-2308 ED. 12182 GRIFFITH C ANY By W1101 THOMAS L. FOSS VICE PRESIDENT Principal RELIANCE INSURANCE COMPANY By: ,dam tU� G- Attornep-in-Fact ELKE H. HAGEN BELT `.NCE INSURANCE COMPANY HEAD OFFICE. PHILADELPHIA. PENNSYL A s POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint ELKE H. HAGEN of RIVERSIDE, CALIFORNIA------ itstrue and lawful Attorney-ln-Fact, to make, execute, seal and deliver for and on its behalf, and as Its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---------- andto bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as If such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attomey(s)-In-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7.1978. which provisions are now in full force and effect, reading as follows: ARTICLE Vil — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. Y. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney Issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof. The corporate seal Is not necessary for the validity of any bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature thereof. 3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognlzances_, contracts of Indem- nity or other condltlonal or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This power of attorney Is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed, this 2 9 day of September 1992. RELIANCE INS COMPANY .oe„4 3 ice President STATE OF Washington COUNTYOF King e3 On this 29 dayof September .19 92personallyappeared Lawrence W. Carlstrom to me known to be the Vice -President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corpomtlon thereto, and that Article VII. Section 1, 2, and 3 of the By -Laws of said Company and the Resolu- tion, set forth therein, are still in full force. , / r- 9' My Commission Expires: March 5 .199 6 Notary Public in for state of Washington Residing at Puyallup I, �v( Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and-foar Ord S. Hansen egoing is true an correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still in full force and effect IN WITNESS WHEREOF, i have hereunto set my hand and affixed the seal of said Company this 7TH day of OCTOBER 19 93 =�1C Assistant Secretary BDR-1431 Ed.6/79�� MarAe S . Hansen 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 CASH CONTRACT #725 - CENTER AVENUE WIDENING Proyect No. Title 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 applicable to the wage rate paid. Signature and Title THOMAS �. tOSS - - - ---- '7�� - '< - -- - - VICE ?RESH)FNT DECLARATION OF SATISFACTION OF CLAIMS I, Griffith Com an , state: Name ot Contractor 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Center Avenue Widening, CC-725 and dated January 12, 1993 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") I declare under penalty of perjury that the foregoing is true and correct. Executed at Griffith Company, Santa Ana on this 17th day of September , 19 93 THOMAS L. FOSS �71 VICE PRESIDENT (Signature of Contractor) CITY CLERK CALIF. BEc 2 ao PK T r ` 16, W IGS 1 E 039 A U UZ1315 Ai0 03AI333� e' STATE OF CALIFORNIA County of Orange I am a Citizen of 'the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HMMNGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: ,Iovermbe r 5, 12, 1992 I declare, under penalty of perjury, that the foregoing is true and correct Executed on November 12 ai Costa M a, Califomia pp Signature 399 L .. PUBLIC NOTICE � NOTICE INVITING B)DS CC-725 Notice is hereby given that sealed bids will be r ceived by the City Of Hur>' tinglon Beach, at the Office OF the City Clerk at rely Hall, 2000 Main Street f Huntington Beach, CallfOr-.' nia, until the hour of 2=00 p m- on December 3. 7992' It which time they will be opened publicly and read aloud in the Council Cham- bers for the Center Avenue Widening. Restriping Signi ing, and Signal tvfodTica: tioh Improvements Al IdCS Off Ramp in the City of Huntington Beach. A set of Plans. Specifics; lions, and other Contact documents may be ob' twined on November 3.1 1992. at the Department oft Public Works. ZDDU Main Street. Huntington Beach! California, upon receipt of. a non-refundable fee of $1o.o0_ Each bid shall be made on the Proposal 'Form and in the manner Provided in' the contract documents. and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the t)4d. made payable to the City of Hun- tington Beach, The Con -I traclor shall, in the per-, formance of the work and lmDrovementS, Conform 10 e�2 S- PROOF OF PUBLICAMON - State of California and other laws of the -Stale oil California applicable thereto, With the exceptionl only of such variations that may be required under the special statue$ pursuant to Which proceedings hereun• der are taken and whiCtl� 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 consid-r Bred unless it is made on a! form furnished by the City' of Huntington Beach and is made in accordance with the provisions of the pro-' posal requirements. Each bidder must be li. censed and also peequali-1 tied 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 Coun- cil o! the City of Huntington Beach California, the 91h day of September, 1992_ Connie Brockway, City Clerk of the City of Huntington Beach Published Huntington Beach -Fountain Valley In- dependent November 51 t2,1992. 1 i 1-503 '/J- i 2-- NOTICE INVITING BIDS CC-725 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 2:00 p.m. on December 3, 1992, at which time they will be opened publicly and read aloud in the Council Chambers for the Center Avenue Widening, Restriping, Signing, and Signal Modification Improvements At 1-405 Off Ramp in the City of Huntington Beach. A set of Plans, Specifications, and other contract documents may be obtained on November 3, 1992, at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $10.00. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not 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 9th day of September, 1992. Connie Brockway _ City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 3336/8 REQUEST FOR CITY COUNCILS REDEVELOPMENT AGENCY ACTION D Pw �I9 Date September 8, 1992 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL . Submitted by: Michael T. Uberuaga, City Administrator arbara Kaiser, Deputy City Administrator Prepared by: . .1.ouis F. Sandoval, Director of Public Works CITY C L!' K CENTER AVENUE WIDENING, RESTRIP G, SIGNING, AND SIGNAL Subject: MODIFICATION IMPROVEMENTS AT INTERSTATE 405BEACH BOULEVARD ON/OFF RAMPS; CC-725 Consistent with Council Policy? [ J yes [ I New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF IWA Engineers has completed Plans and Specifications for Center Avenue widening, restriping, signing, and signal modification improvements at Interstate 405 and Beach Boulevard on/off ramps. In addition, Southern California Edison has granted, for a fee, additional right-of-way to the City, on the south side of Center Avenue at Huntington Center Drive, in the form of an easement. 1. Approve the Plans and Specifications and authorize the Director of Public Works to solicit bids for construction of Center Avenue widening at the I405 on/off ramps. 2. Approve the attached Sample Contract, subject to award of Contract, to Council approved lowest responsive Bidder. 3. Appropriate $300,000 for construction, right-of-way, contingencies, and incidentals for the Center Avenue widening. 4. Approve an expenditure to Southern California Edison Company of an amount not to exceed $48,000 for a right-of-way easement to perform construction. N LY On April 15, 1988, the City Council selected IWA Engineers to prepare the Plans and Specifications. Said Plans and Specifications are completed and available for the solicitation of bids for construction. The engineer's estimate of the construction cost, 10% contingency, and 10% incidentals is $240,000. As a result of the proposed improvements, additional right-of-way is required at the intersection of Center Avenue and Huntington Center Drive. To acquire the right-of-way, the purchase of an easement from Southern California Edison is necessary. Extensive negotiations between the City and Southern California Edison regarding the purchase price are now completed, and we hereby recommend authorization for payment of the easement. S` RCA; Center Avenue Widening, Restriping, Signing, and Signal Modification Improvements at I-405/Beach Boulevard On/Off Ramps September 8, 1992 Page two FUNDING SOURCE: Funds are to be appropriated from the Huntington Center Redevelopment Project Area fund balance. ALTERATIVE ACTION: Deny request and direct Staff on how to proceed. ATTACHMENTS: 1. Location Map 2. Sample Contract 3. FIS: MTU:LFS:BAK:ERC:gd 3207g/3&4 CENTER AVE. HUNTING fON CENTER CITY OF HUNMNGTON BEACH ED'NCER AVE. LOCATION MAP CITY OF WESTMINSTER ---- ---- --- ... .. .. .... ..... .. ...... . 1 ' J I HUNTIYCTO N BEACH TO: FROM: SUBJECT: DATE: CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION MICHAEL T. UBERUAGA, City Administrator DAN T. VILLELLA, Acting Deputy City Administrator REQUESTED REAPPROPRIATION FOR THE CENTER AVENUE WIDENING PROJECT. FIS 93-14 AUGUST 19, 1992 As required by Resolution 4632, a Fiscal Impact Statement has been prepared for the proposed reappropriation of $300.000 for purposes of providing funding for the Center Avenue Widening Project. Funds previously budgeted for this particular project will need to be carried forward into the current fiscal year to allow for the bid process to commence. Upon approval of the City Council, the balance of the unaudited, undesignated Huntington Center Redevelopment Project Area Fund would be reduced to $4,555,000. AN T. VILLELLA Acting Deputy City Administrator WPADSERT:1063 CONSTRUCTION CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND FOR CENTER AVENUE WIDENING, RESTRIPING, SIGNING AND SIGNAL MODIFICATION AT I-405 AND BEACH BLVD. ON/OFF-RAMPS (CC-725) TABLE OF CONTENTS # TITLE PAGE(S) 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 & 3 SPECIFICATIONS 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 & 5 6. CHANGES 5 7. NOTICE TO PROCEED 5 & 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 & '7 11. LIQUIDATED DAMAGES DELAYS 7 & 8 12. DIFFERING SITE CONDITIONS 8 & 9 13. VARIATIONS IN ESTIMATED QUANTITIES 9 & 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 & 12 19. WORKER'S COMPENSATION INSURANCE 12 & 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 13 & 14 ENDORSEMENT 22. DEFAULT AND TERMINATION 14 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER_ DOCUMENTS 15 24. NON -ASSIGNABILITY 15 25. AGENCY AND CITY EMPLOYEES AND OFFICIALS 15 TABLE OF CONTENTS # TITLE PAGE(S) 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 27. IMMIGRATION 16 28. NOTICES 16 29. CAPTIONS 16 30. ENTIRETY 16 CONSTRUCTION CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND FOR CENTER AVENUE WIDENING, RESTRIPING, SIGNING AND SIGNAL MODIFICATION AT I--405 AND BEACH BLVD. ON/OFF-RAMPS (CC-725) THIS AGREEMENT is made and entered into on this day of , 1992, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "AGENCY," and hereinafter referred to as "CONTRACTOR." WHEREAS, the City of Huntington Beach (hereinafter referred to as "CITY") acting as agent for AGENCY, has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Center Avenue widening, restriping, signing and signal modification improvements at I-405 and Beach Boulevard On/Off- ramps (CC-725) in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFOR, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK• ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior C-1 to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of AGENCY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with 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 or AGENCY. 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: r C-2 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 revisions, amendments or addenda thereto; D. The 1988 edition of Standard S ecifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated 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 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 it indicated and mentioned in both. All work within State right- of-way shall conform to State Standard Specifications dated January 1988 and to current State Standard Plans. 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. C-3 Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION AGENCY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of DOLLARS ($ ), as set forth in the Contract Documents, to be paid as provided for herein. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days. after notice to proceed is issued and shall diligently prosecute PROJECT to completion within six (6) months from the day the "Notice to Proceed" is issued by Department of Public Works of CITY, excluding delays provided for in Section 11 herein. S. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. .CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient C-4 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 no condition shall CONTRACTOR make any changes without the written order of the DPW, and AGENCY 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 and AGENCY 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 C-5 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 extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the AGENCY 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 AGENCY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY or AGENCY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY or AGENCY. CONTRACTOR shall secure, at its C-6 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 calendar days as set forth in 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 days delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that AGENCY 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, C-7 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 of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or fault of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY or AGENCY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY or AGENCY, 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. 12. DIFFERING SITE CONDITIONS W-1 (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly. (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by AGENCY. 13. VARIATI.ONS IN ESTIMATE 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 C-9 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. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payment and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty- five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of C-10 the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by AGENCY to ensure performance under Section 13 of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against AGENCY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect., defend, indemnify and hold and save harmless AGENCY, CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however C-11 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 AGENCY and CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of AGENCY and 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. 19. WORKER'S COMPENSATION INSURANCE Pursuant to California Labor Code §1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Worker's 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, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. 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 C-12 and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this 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 general 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 limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as C-13 required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled 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 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 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. 22. 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 as bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, AGENCY 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, AGENCY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, AGENCY may elect not C-14 to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to AGENCY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this. Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. AGENCY AND CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no AGENCY or CITY official nor any regular AGENCY or CITY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY or CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS AGENCY shall be entitled to recover from CONTRACTOR its 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 bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not C-15 AGENCY or CITY is named in an action. AGENCY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by AGENCY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the -United States and shall, in particular, comply with the provisions of 8 U.S.C. §1324a regarding employment verification. 28. NOTICES Any. notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 herein - above) or the CITY'S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: Louis F. Sandoval Director of Public Works 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: 29. 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. 30. ENTIRETY The foregoing represents the entire Agreement between the parties. C-16 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: REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH a a municipal corporation of the State of California By: Its. By: Its: ATTEST: Agency Clerk REVIEWED AND APPROVED: Executive Director Chairman APPROVED AS TO FORM: City Legal Counsel INITIATED AND APPROVED: Director of Economic Development C-17 I have received Payment Bond and Performance Bond-4 for Griffin Company, Center Avenue widening at I-405 Freeway off/on ramp CC-725. on behalf of the Treasurer's Office. Dated By: RELIANCE INSURAN CE COMPANY EXECUTED IN ONE COUNTERPART HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA Bond No. B 1926462 PREMIUM —NIL— PAYMENT BOND CALIFORNIA — PUBLIC CONTRACT KNOW ALL MEN BY THESE PRESENTS, that GRIFFITH COMPANY as Principal, and the RELIANCE INSURANCE COMPANY, a Pennsylvania corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH as Obligee, in the sum of NINETY THOUSAND FIFTY-FIVE AND 48/100---- Dollars ($ 90, 055.48 ) for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. The Condition of the above obligation is such that, Whereas the Principal on the day of 19 , entered into a contract with the Obligee for CENTER AVENUE WIDENING, RESTRIPING, SIGNING AND SIGNAL MODIFICATION AT I-405 AND BEACH BOULEVARD ON/OFF RAMPS (CC-725) APPROVED AS TO FORNa GAIL HUTTON CITY ATTO Z) By: �� Deputy City Attorney NOW THEREFORE, if the original contractor or his subcontractor fails to pay any of the persons named in Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractor pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor that the surety will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed and sealed this 29TH day of DECEMBER 19 92 GRIFFIT44MPANY G� THOMAS L. FOSS B J VICE P SIDEI"- RELI CE INSURA E COMPANY By ELKE H . HAGEN Attorney -in -Fact ED.7/83 (CALIF.) RELIANCE INSURANCE COMPANY HEAD OFFICE, PHIL.ADELPHIA. PENNSYLVANIA • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. That ter RELIANCE INSURANCE COMPANY, a corporation duty organized under the laws of the State of Pennsylvania, doea hereby make, constitute and appoint ELKS H. HAGEN of RIVERSIDE, CALIFORNIA------ Ra true end lawful Attorney -in -Fact to make. execute. Seal and deliver for arid on As behalf. and as ifs act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---------- aridto bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as d such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies. and confirms on that its said Aftorney(s)-In-Fad may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VC of ter By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7. 1978. which provisions are now In full force and efieCt. reading as follows. ARTICLE %nI — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of 0ireclor7, the President, the Chairman of vie Board, any Senior Vice President. any Vlce President or Assistant Vice President or other officer designated by the Board of Directors Shall have power and suit" to (a) appoint Aftomays-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contrails of Indemnity and other writings obligatory in the nature thereof, and (b) to rerrwve any such Attorney -In -Fact at any flme and revoke the power and swill y given to him 2. Artomeys-in-Fad shag have power and authority. subject to the terms and limitations of the power of attorney Issued to OWN to execute and deliver on behalf of the Company. bonds and undertakMIL recognlzancea, contracts of Indemnity and other wrrnngs obligatory In the nature thereof The corporals seal to not necessary for the vapdity of any bonds and undertskings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof. 3. Amomeys-In-Fact "I have power and autority to execute efndavits required to be attached to bonds, recognlzancea, contracts of Indem- nity or other condWonal or obligatory undertakings and they Shall also have power and authortty to certIy tha llnancial statement of the Company and to copies of the By -Laws of the Company or any article or section thersof This power of attorney Is Signed and sealed by facsimile under and by gulf" of the IWlowlng Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a moo" held on the 5th day of June. 1979. at which a quorum was presant, and said RaeWutlon has not been amended or repeated: -Resolved, that the signatures of such directors and otficers and the seal of the Company may be affixed to any such power or anorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile Signatures or ti"ri%lie a" shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to whiCh It Is attached-" IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vlce President and its corporate seal to be hereto affixed, this 2 9 day of September 199 2 RELIANCE I E COMPANY ` 0 Ica President STATE OF Washington \ COUNTY OF King } :s On this 29 dayot September .19 92waonanyeppe0ad Lawrence W. Carlstrom to me known to be ow Vice -President of tie RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attthated the twegoing Instrument and affixed the Seal of said corporation thereto, and that Article V11. Section 1. 2• end 3 of ter By -Laws of said Company and the Resofu- bon. act lorth aw*in, are sell in hill force. . / March S . 199 6 ' d'�"'Notary Public In &AYW State of Washington Rdll& g M Puyallup l , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby Certify that the above and-ftrFe o�r grlspL true and crHansen y d a Power of Attorney executed by Said RELIANCE INSURANCE COMPANY. which is still in fWI force and ettecL IN WITNESS WHEREOF. I have hereunto set my hand and affixed the rC74) a" of said Company this 29TH day of DECEMBER 19 92. Assistant Secretary OM-1431 En 617s arleS. Hansen RELIANCE INSURANCE COMPANY . . HEAD OFFICE PHILACELPI-HIA. PENNSYLVANIA EXECUTED IN ONE COUNTERPART Bond No. B 1926462 PREMIU�`4 $1,80).00 PERFORMANCE BOND CALII•'ORNIA - PUBLIC CONTRACT KNOW ALL MEN Ri, -fHESF PRESENTS-. That GRIFFITH COMPANY as Principal, and RELIANCE: INSURANCE COMPANY, a Pennsylvania corporation authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH a5 Obligee, in the sum of ONE HUNDRED EIGHTY THOUSAND ONE HUNDRED TEN 1 AND 95/100---- Dollars (S 180, 1 10.95 ) for which sum we bind ourselves, our heirs, executors, administrators, 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 work to -wit: CENTER AVENUE WIDENING, RESTRIPING, SIGNING AND SIGNAL MODIFICATION AT I-405 AND BEACH BOULEVARD ON/OFF RAMPS (CC-725) : —:D AS TO FOU2 G:! I L. TJT."TO`I C i T ATTOP,NLY �y G. Deputy City Atto Y NOW, TH EREFORF., if the said Principal shall well and truly perform the work contracted to be performed under said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and scaled this 29TH day of DECEMBER 19 92 GRIFFITH CODiPANY By {Seal) THOMAS L. FOSS VICE PRESIDENT REL1 CE INSURAN E COMPANY By ./` ELKS H . HAGEN Attorney -in -fact BOR-2801 (5/851 CAL' CONTRACT - PUWC - PERFORMANCE B-2035 GRIFFITH COMPANY RESOLUTIONS RESOLVED, That any one or more of the following officers of this Corporation: Chairman of the Board and Chief Executive Officer, President, Executive Vice President, Vice President/Treasurer and Chief Financial Officer, together with, when required, the Secretary or Assistant Secretary be and they are hereby authorized to execute and deliver in the name of this Corporation any and all bids, authorizations, contracts, notes, deeds, bonds, stocks, declarations, releases and agreements of any nature or sort whatever. FURTHER RESOLVED, That any one or more of the following officers of this Corporation: Vice President/ District Manager, District Manager, Assistant District Manager, Chief Estimator, Secretary, Secretary/Controller, be and they are hereby authorized to execute and deliver in the name of and on behalf of this Corporation any and all bids, authorizations, contracts, certifications, declarations and releases, including:- bid bonds, Iabor and material bonds, performance bonds, and stop notice bonds., FURTHER RESOLVED, That any and all persons, firms, corporations and other entities shall be entitled to rely on the authority of any one or more of the officers above named to bind this Corporation by the execution and delivery of any of the documents or papers set forth hereinabove. FURTHER RESOLVED, That the authority granted hereby shall not be modified or revoked except by a resolution to that effect passed by the Board of Directors of this Corporation. FURTHER RESOLVED, That any and all authorization heretofore granted by this Corporation to any officers other than those above named, to perform acts in the name of and on behalf of this Corporation similar to the acts authorized above, be and they are hereby revoked, rescinded and annulled. The undersigned hereby certifies that he is the Secretary of Griffith Company, a California Corporation, and does hereby certify that the above is a full, true and correct copy of resolutions passed by the Board of Directors of GRIFFITH COMPANY at a meeting thereof held on March 2, 1992, in accordance with the by-laws of said GRIFFITH COMPANY and at said meeting there was at all times a quorum present and acting and that said resolution has not, to the date of this certificate, been in any manner amended, modified, revoked, rescinded, or annulled. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the seal of GRIFFITH COMPANY this 2nd day of March, 1992. William E. Barnes, Secretary 40 CONSTRUCTION CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THE GRIFFITH COMPANY FOR CENTER AVENUE WIDENING, RESTRIPING, SIGNING AND SIGNAL MODIFICATION AT I-405 AND BEACH BOULEVARD ON/OFF RAMPS (CC-725) TABLE OF CONTENTS TITLE PA 1. STATEMENT OF WORK; ACCEPTANCE QF RISK 1 & 2 2. ACCEPTANCE OF CONDITIONS OFWORK; PLANS AND 2 & 3 SPECIFICATIONS 3. COMPENSATION 4 4. COMMENCEMENT. OF PROJECT 4 5. TIME OF THE ESSENCE 4 & 5 6. CHANGES 5 7. NOTICE TO PR_QCEED 5 & 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 7 & 8 12. DIFFERING SITE CONDITIONS 8 & 9 13. VARIATIONS IN ESTIMATED QUANTITIES 9 & 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SEC_UR_ITIES 10 & 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION. DEFENSE, HOLD -HARMLESS 11 & 12 19. WORKERS' COMPENSATION INSURA.NC 12 20. INSURANCE 12 & 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 13 & 14 22. DEFAULT ANDTERMINATION 14 23. DISPOSITION OF PLANS, ESTIMATE5AND QTHER DOCUMENTS 14 24. NQN-ASSIGNABILITY 15 25. CITY EMPLOYEES AND OFFICIALS 15 26. STOP NOTICES: RECOVERY F ADMINISTRATIVE COSTS 15 27. IMMIGRATION 15 28. NOTICES 16 29. CAPTIONS 16 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 16 31. ENTIRETY 16 �C CONSTRUCTION CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THE GRIFFITH COMPANY FOR CENTER AVENUE WIDENING, RESTRIPING, SIGNING AND SIGNAL MODIFICATION AT I-405 AND BEACH BOULEVARD ON/OFF RAMPS (CC-725) THIS AGREEMENT is made and entered into on this 12th day of —January , 1992, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "AGENCY," and THE GRIFFITH COMPANY, a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, the City of Huntington Beach (hereinafter referred to as "CITY") acting as agent for AGENCY, has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Center Avenue widening, restriping, signing and signal modification at I-405 and Beach Boulevard On/Off Ramps (CC-725) in the City of Huntington Beach; 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, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage 12/92:268AJFk 1 arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of AGENCY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Sid Sheet(s.) 2. ACCEPTANCE OF CONDITIONS OF WORK: -PLANS -AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job 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 or AGENCY. 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. 12/92:268AJFk 2 "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard 5pecifigationsr Public Worker Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW,") without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 12/92:268AJFk 3 Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION AGENCY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of ONE HUNDRED EIGHTY THOUSAND ONE HUNDRED TEN DOLLARS and NINETY FIVE CENTS ($180,110.95), as set forth in the Contract Documents, to be paid as provided for herein. 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 six (6) months from the day the "Notice to Proceed" is issued by Department of Public Works of CITY, excluding delays provided for in Section 11 herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and 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 necessarytand 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 12/92:268AJFk 4 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 no condition shall CONTRACTOR make any changes without the written order of the DPW, and AGENCY 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 and AGENCY 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 12/92:268AJFk 5 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 extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the AGENCY 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 AGENCY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIE The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY or AGENCY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY or AGENCY. CONTRACTOR shall secure, at 12/92:268AJFk 6 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 calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of 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 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that AGENCY 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, 12/92:268AJFk 7 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 of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY or AGENCY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY or AGENCY, 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. 12. DIFFERINGSITE CONDITIONS 12/92:268AJFk 8 (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, -the time prescribed therefor may be extended by AGENCY. 13. VARIATIONS IN ESTIMATED OUANTf_TI_ES 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 12/92:268AJFk 9 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. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be 12/92:268AJFk 10 accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of"any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECLL ITIE At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by AGENCY to ensure performance under Section 13 of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the compietion_of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against AGENCY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless AGENCY, CITY, and their officers, and employees 12/92:268AJFk 11 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 AGENCY and CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of AGENCY and 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. 19. W RKERS' COMPEN$ATION INSURANCE Pursuant to California Labgr CoOe §1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such 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, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. 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 12/92:268AJFk 12 Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITYfor all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this 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 general 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 limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance 12/92:268AJFk 13 cbverages as required by Sections 19 and 20 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 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 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 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. 22. 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, AGENCY 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, AGENCY may, without 12/92:268AJFk 14 prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, AGENCY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF.PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to AGENCY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer; convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of AGENCY and the surety. 25. AGENCY -AND CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no AGENCY or CITY official nor any regular AGENCY or CITY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY or CITY shall have any financial interest in this Agreement in violation of California Government Sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COTS AGENCY shall be entitled to recover from CONTRACTOR its 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 12/92:268AJFk 15 in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One -Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not AGENCY or CITY is named in an action. AGENCY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by"AGENCY to CONTRACTOR under this Agreement. 27. IMMIGRATIQN CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. §1324a regarding employment verification. 28. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) or to CITY'S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows: TO CITY: Louis F. Sandoval Director of Public Works 2000 Main Street Huntington Beach, CA 92648 29. CAPTIONS TO CONTRACTOR: Michael Cherry The Griffith Company 2020 South Yale Street Santa Ana, CA 92704-3974 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. 12/92:268AJFk 16 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter §309, the City Attorney is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. 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. THE GRIFFITH COMPANY, a California corporation By: By: William Barnes, Secretary ATTEST: • qg- Agency. Clerk 17 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH a municipal corporation of the State of California ill � � • 1 Chairman APPROVED AS TO FORM: Agency Legal'Counsel r- 7 - s3 REVIEWED AND APPROVED: INITIATED AND APPROVED: 1 - 7- i 3 Executiv Director Director of Economic Development 12/92:268AJFk 17 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 12, 1993 Griffith Company 2020 S. Yale St. Santa Ana, CA 92704-3974 RE: Construction of Center Avenue widening at I-405 Freeway off/on ramp.. , PROJECT CC-725 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441. 1�-41' � aae4� Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (Telephone: 714-536 5227) +�+ t r� �77 ISSUE DATE CER12/29/92 PVODUCER r THIS CERf IFICAIE IS ISSUED A-4 A MATTER OF INFORMATION ONLY AND CONFERS NO RIONTS UPON THE CERTIr ICATE HOLDER- THIS CERTIFICATE DOES 401 AMEND. FRIIS—C/O COW HANNA/CARM EXTEND OR ALTER TIE COVERAGE AFFORDED BY THE POLICIES BELOW 100 MAIDEN LANE NEW YORK, NY 10038 COMPANIES AFFORDIHB COVERAGE COMPANY LETTER_ A RELIANCE NATIONAL INS .. _ COMPANY B . INSURED LETTER _ GRIFFITH COMPANY/SA COMPANY C DISTRICT 4 LF. )TER 2020 YALE STREET COMPANY D SANTA ANA, CA 92704 LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POI ICIES or INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTW I THSTAND I N O ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TICE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN NAv HAVE BEEN REDUCED BY PAID CLAIMS. LO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSAMOS TR DATE crwioo/yv) DATE cn lcoeyv) A GENERAL LIABILITY NGBO102635/SA 04/01/92 04/01/93 GENERAL WMEGATE $ 2,000 Y COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPfOPS AGOR • 2,000 �- CLAIMS MADE OCCUR. PERSONAL B ADVERTISING INJURY 1 1,000 Y O.HER'S i CONTRACTOR'S PROT- EACH OCCURREHCE i 1,000 Y EMPLOYEE BENS FIRE DAMAOE (Any one FIT.) —� I (5(5 Y CONTRACTUAL MEDICAL EXPENSE (_Any one person S 5 A AUTOMOBILE LIABILITY NKA0102633/SA 04/01/92 04/01/93 coMB1NED Y ANY AUTO SINGLE f LIMIT 1,000 ALL OWNED AUTOS BODILYIN Y JRY SCHEOULEO AUTOS (PRr pmrfon Y HIRED AUTOS BODILY - — -- INJURY T NON -OWNED AUTOS FORM" [Tyr •cc) _ ' J - vwRAGE LlwBil ETY �pPROVED AST PaoPERTrF EXCESS LIABILITY 1 TOt1 DAM.oE EACH AGGREGATE _ A2 ."Qvi; C IT'i Q L OCCUR- C OTHER THAN UMBRELLA FORM BY - WORKER'S COMPENSATION STATUTORY ,k'- AND TEACH ACCIDENT) t _- (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY - — - i [DISEASE -EACH EMPLOYEE? - - - - - - OTH. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PROJECT: CENTER AVENUE STREET WIDENING — CC-725; CONSTRUCTION CONTRACT *ADDITIONAL INSURED ENDORSEMENT ATTACHED CERTIFICATE HOLDER tiAllC1.LATIt1 SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCF.ILED BEFORE THE EXPIRATION DATE THEREOF. ThE ISSUING COMPANY WILL REDEVELOPMENT AGENCY OF MAIL —3.Q DAYS WRITTEN NOTICE TO THE CERTIFECATE MOUDER MANED TO THE THE CITY OF HUNT I NGTON LcrT. BEACH P.O. BOX 190 HUNTINGTON BEAC, CA 92649 AUTHORIZED REPRESENTATIVE - _ : - ' a POLICY NUMBER: PER CERTIFICATE COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Redevelopment Agency of the City of Huntington Beach, its officers, agents, and employees P.O. Box 190 Huntington Beach, CA 92648 Project: Center Avenue Street Widening CC-725; Construction Contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc. 1984 (AI,INSDEPT) 05/91 . ISSUE DATE12/29/92 PRODUCER - y • � THIS CERTIFICATE IS ISSUCO AS A HATTER OF INFORMATION ONLY AND COWERS • NO RIGIMTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOGS NOT AMEND. FR I I S & COMPANY, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 1746 SPRUCE ST. COMPANIES AFFORDING COVERAGE RIVERSIDE, CA 92507 COMPANY A LETTER INTERNATIONAL INSURANCE Comm" LETTER B UNICARE INSURANCE CO INSURED GRIFFITH COMPANY/SA COMPANY DISTRICT 4 LETTER C MARINE OFF OF AMER I CA CO_ 2020 YALE STREET COMPANY D SANTA ANA, CA 92704 LETTER COMPANY E LETTER COVERAEs THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR TICE POLICY PERIOD INDICATED, NOTMIIHSTANDINO ANY REQUIREMENT• TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MI TM RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN• THE INSURANCE AFFORDED BY THE POL ICIF.S DESCRIBED HERE lN IS SUBJECT TO ALL THE TERMS, FXCLUSlONS ANO CONDITIONS OF SUCH POLICIES. IIMITS SHOMAJ MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS TR DATE immtODIvy) DATE (MMiw/vvi GENERAL LIABILITY GENERAL AGGREGATE f COT*ERClAI GENERAL LIABILITY PRODUCTS-COMP/QPS AGGR t CLAIMS MADE OCCUR- PERSONAL & ADVERTISING INJURY f EACH OCCURRENCE —_ f OWWR•S a CONTRACTOR'S MOT. H1 APPROVED AS TO FORU- FIRE DAMAGE (Any one first • !VAI *a TT T1 �jN ST MEDICAL EXPENSE UAny one Perfen f AUTOMOBILE LIABILITY COMBINED ANY Auto By : SINGLE f c IT11 r ALL OWNED AUTOS DePut' yy City Atto eY BODILY SCHEDULED AUTOS 1 NJURv f iPer ser HIRED AUTOS BODILY - INJURY 1 NOM-OWNED AUTOS ,or seat GARAOF. L IAR 11.1 TV PROPERTY DAMAGE f. A EACH AGGREGATE ExcESS LIABILITY 524-210860-8/SA 04/01/92 04/01/93 Y UMBRELLA d�;`�0 15,000 OTHER THAN UMBRELLA FORM UDO 049 TO1 007SA STATUTOQY B - 04/01/92 04/01/93 WORKER'S COMPENSATION 1 = 1 , OOO(EAC. ACCIDENT) ANO 1 , 000(9ISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY f 1 , 0001DISEASE-EACH EMPLOVEEI C OTH.CONTRACTORS MPCSS3165-EQSA - 04/01/92 04/01/93 LEASED/RENTED EQUIPMENT LIMIT: $200,000 PER ITEM DEDUCT: $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PROJECT! CENTER AVENUE STREET WIDENING - CC-725; CONSTRUCTION CONTRACT CERTIFICATE: HOLDER : . ;, _ : CAN LLATION ,. . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SF.FORE THE " EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL riMMSIFMF� REDEVELOPMENT AGENCY OF ' MAIL _Q DAYS WRITTEN NOTICE TO THiE CERTIFICATE HOLDER NAMED TO THE CITY OF HUNTINGTON BEACH: LEFT. P.O. BOX 190 L HUNTINGTN BEACH, CA 92648 AUTHORIZED REPRESENTATIVE _. Z-.i.«J REQUEST FOR CITY COUNCIL ACTION w ,a December 21, 1992 Date Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrator !s - •a-! 191... Prepared by: Barbara Kaiser, Deputy City Administrator -- _Rk, f�Mouis F. Sandoval, Director of Public Works Ll-R ' Subject: AWARD OF CONTRACT FOR CENTER AVENUE WIDENING AT I-405 FREEWAY OFF/ON RAMP; CC -725 Consistent with Council Policy? 14 Yes ( ) New Policy or Exception Statement of issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: p, STATEMENT OF ISSUE: On September 8, 1992, City Council/Agency authorized a call for bids for the Center Avenue Widening at I-405 Off/On Ramp project. RECOMMENDED ACTION: 1. Accept the low bid and award a contract to the Griffith Company, 2020 South Yale Street, Santa, CA 92704-3974; and 2. Authorize the Director of Public Works to expend a total of $215,000, which includes the contract cost of $180,110.95, estimated construction change orders of $18,000, and anticipated supplemental expenditures of $16,889.05 for the Center Avenue Widening at I-405 Off/On Ramp Improvements (CC-725). ANALYSI On April 15, 1988, the City Council selected IWA Engineers to prepare Plans and Specifications for the Center Avenue Widening Project. Plans and Specifications are now complete. This project will provide for circulation improvements to the south bound I-405 Beach Boulevard off ramp and to Center Drive. IWA Engineers estimated the project cost at $198,000. Bids were received on December 3, 1992, and are listed below in dollar amount: • • ! 1. Griffith Company $180,110.95 2. Sully -Miller Contracting Company 182,951.25 3. Nobest, Incorporated 186,070.00 4. Excel Paving 194,988.00 5. Hauschild Construction 196,574.00 6. Hillside Contractors 204,930.00 7. Camino Viejo Paving 219,426.00 Dan SIAS RCA; CC-725 December 21, 1992 Page two FUNDINQSOURCE: Contract Amount *Project Change Orders "Project Supplementals TOTAL $180,110.95 18,000.00 16,889.05 $215,000.00 * Standard 10% administrative Change Order limit (not to exceed $50,000) per City Council Resolution Number 4996. Examples of possible Change Orders include changes in field conditions, unavailable materials, errors in the Plans, and changed City requirements. ** Examples of Supplementals include soil testing, Edison electrical hook-up, and water service connections. Sufficient funds are available in the Center Avenue Widening Improvement Capital Program Fund as approved in FY 92-93 budget and Account No. E-TH-PC-725-6-72-00. ALTERNATIVE ACTION: Reject low bids or all bids and do not proceed with the construction. ATTACHMEENT Project Location Map MTU:LFS:ERC:gd .3348g/16&17 CENTER Ayt,. WWINGTON CENTER CITY OF HUNTINGTON BEACH EDINCtR AVE. LOCATION MAP CI7Y OF WESTM)NSTER RECEIVED BY reasurerT s Office DatC GATE: December 3, 1992 -M 'S ESTIMATE: $ 198,000 PRW= ENGUMM: Eric C harlotvie fCB TITIE AND CC NUMER: CEWER AVENUE at I--405 Freeway;_ CC-725 1. All American As halt 2. B and D Contractors 3. Baxter -Griffith 4. Boral Resources 5. Camino Viejo Pavin a . 6. Cote Mark, Incorporated 7. Eoonolite S . Excel Paying QQ 9. Fecit-Strata _0. Griffith Carpany IkQ, 11 -_ 1. Hazdy and _2. Hauschild Construction !_3. Hillside contractors 204,9 80, Q A. Hwe Electric '_5. 1 P S Servioe _6. LeE92& Pipeline _7. Ins AtNeles Rnineerjng -.8. McCain Traffic Supply .9. Moore Electric :0. Nobest, Incorporated g Q . '1. Shawnan Corporation '2. Stein Canpany '3. Sull -Miller 192, 95 14. Tri Counties Sandblastin CHUBB GROUP OF INSURANCE COMPANIES FEDERAL. INSURANCE COMPANY BID BOND Bond No. NSA Amount S -NIL- Know All Men By These Presents, That we, CAMINO VIEJO PAVING, INC. (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee), in the sum of TEN PERCENT OF THE AMOUNT BID------ Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents_ Sealed with our seals and dated this 30TH day of NOVEMBER A. D. nineteen hundred and ninety-two WHEREAS, the Principal has submitted a bid, dated DECEMBER 3 tg 92 for CASH CONTRACT 725, kIDFNING, RESTRIPING, SIGNING AND SIGNAL 'MODIFICATION IMPROVEMENTS FOR CENTER AVENUE NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that it the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. CAMINO VIEJO PAVING, INC. _ Principal FEDERAL INSURAPCE COMPAN i r? 1. /L By: MARK E . SHRECECENGA,n, ATTORNEY -IN -FACT '"' ' D Fo-m 15-02-OD02 tiR@r 4 90) r12.1. C1.1 u S POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain Vrew Road. Warren. New Jersey, an Indiana Corpora - !Ion, has constituted and appointed, and does hereby constitute and appoint William R. Friis, Wendy Bezuidenhout, Mark E. :hretkengast and Elke H. Hagen of Riverside, California------------------------------------------- 3ach 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 hereon or Otherwise, bonds of any of the following classes, to -wit: 1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court. or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified In such Bond or Undertaking_ Z Surety Bonds to the United Slates of America or any agency thereof, including those required or permitted under the laws Or regulations relating 10 Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State. City. Town. Village. Board or other body or organization, public or private: bonds to Transponsuon Companies, test instrument bonds. tease bonds. Workers' Compensation bonds. Miscellaneous Surely bonds and bonds on behalf Of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. I Bonds on behalf of Contractors to connection with bids, proposals or contracts - in Wnmee Whereof. [me 9" FEDERAL WaURAWA COMPANY has, prrsuan b is arises. mused tress P11100da 10 be s.gnw Vy n vac Pradaa and AeaAtaf+l Socmury and no cwpwae sail 1 ba tyrem stoat Ing 10 t h Bar Of June To 92 r. t FEDERAL uRANCE COMPANY 9y non D. Dr Rrrtrd D O'Connor vim praerdarq Aaafetant TATE OF NEW JERSEY SS. :ounty of Somerset On oa 10 t h wy d June to 9 2 . babm lit. prsm my ewm Rrtsard O OL',wvwr b brie mesh arw w he moan M to AAlrrarrf Secretary al 17a FEDERAL INSURANCE OMPANY. IM cdrpbrpan deacnDea d aria cinch Noeeuaee ON bregoing fbaer d ArKwWy. Bed pe "W RcUry D OT:wrtor bang by ma suer WXK(i, did *@DOW and aft inn ti is ASWtant SaCrwrY d ire EDERAL INSURANCE "AMN1r Ina anara 170 MPWM Nat ttrrrW. 1hM V e sari aTuad 1b VM XMgo.q Poo N Vi XWrroy a %ith Cwporata sw and WU Maraca a Rasa tar auawry Of the Smarts a M4 ar+rWv and drat he sense sad Pa"t d AWney u Aaa.tmi Sacreury of saw Corrtpuly ty rta siuV orny.. and prat M a AwuarW wM )arras Q. Duan and snows fort fa to psi Vws Presdsry or add Carwrv. r4 rust rra agenewre d wit Jarnis D Dism subocttw to said Parrs d ARxrtly to n V» gwwata handrrang of ow Awnes 0 Dom and arse pwsro 6UDW W by auunwsy d sad arLwa and u aponant's presanes 7narraJ Seal e0F1 bit tee dn.ui ornw- NOWy PtrwrCtANET A. SCAVC*4ICERTLFNGATtON Natdryp.+'vi,C.j1�t+ of Na,R lorsay TAT 1 Ss. co.Tii':00 'ounty of Somerset I i. Iry urrcerayred. Aumm Secretary d Ow FEDERAL INSURANCE COMPANY. do he" oatly Vtr re ME." a a uw exc" tram vas artii.e of rM said C xr4wV as adoprao W its Scam of Dremon uAfM 2. 'NO and Ihr Ina arL&- a to fur ww and arlai7_ _^FmCLi xVUI. Seadn 2 Aa boM< undenartings. containii aW ofha rlWteveeft ouw titan u abum err Ina on b" d pe t,ornparsy wdtrJt e is suvicn ad by w w its aww 10 e■etuw. may and ant bo eaecuud in Iris nami Nit on bshad of the Company saw Or the CAairmsn or V* VC* Chw Wads or Me Ples"M of a VCS PeproeM lanty rrlh pia Sec+etry or W Aeeaurtr Saerwary. under ter nmpictya eeargnrafa, armed ttar any one w coon dlaen or WWnWV►eaJad d.egrmw a any nadauon aN va Bowe of Dvacmrl w be Executive Cdrhrfta»a. w at any paaa of s*xnay e■eawao aN Pfavoad tar m SdOiDn S bsrwr. rney emeuN "vAA Dana. urrdsnawtg of 017W abrpptort as po aWd n urcn neoWeon Of owe. Of adwney Satan 1 At pewees d amm" or arw on beW at as Cdnp" hyy and Shy m anKuM e VW ream ant m behaa d Q* CQr0erM.40 W aver ciernnw Of V" Vac C7terrran d re Prruben or a Vac Preedre of an Aasisurr Vide Pnnww . pmr Mae Uric `aecmiary or an Assitsrr Sacretry. W rnrr raepSOVA deVgrtMrwre TN apnrws d Sudn amiss may 00 ergrwed, prised w arwgraped The a.gn wo d ea AI of the tamvv arc m comurrnan. VC0 cr a+*rwt P+eerdaM any Vice Pr.ep.rr( NJ MW W1 V46 P*..QUIL rrr S6001iln. eny weMM SaCwry Ina pre Sear Of V* Comoa+M rrO, w AMMd Dy LOMM" b shy parr of w onset a to eny comficm rw dV Vterwo wpm" AaaraWd Ssawanes or ADatiYav►FW br pirDaeas any d wwo"tg and utsawg Donda and rndenaargs W Ww *ntrga obiguory n OW nrrra uwmd. and any Burn pmw of am ray or Wnlrcafe o's" sum hcsrrw pQftM" of ksp Mal VW be VOW end bn6ng win via Compry rw any such C , so v cured Sew oenrfed by aacn wcswift s+Qtswre am fammae seal W%u be nlhd and brndng upon rw Camp" we nepea to any bond or Wldenatrq 10 Which ■ is ruchad I twuw a" vet aa4 FEDERAL 04uRANea COMPANY rs day row." M varaad udeuy and arrsayntanen n *Kh at Ve SUM& CO ae Unrssp SOMW at Alrartca tbaarra 01 Ccarnb.s Puana R.= aM each d the ru noaa cc Canada - th pre excep"m d Pnme Edwara (stand, and a alto duy Wwn"d 10 becWto site Swafy on bonds, vndaruernga. AC . penrAled w ngwred by tar I. IPA xiefm rad Assdmw Secremy or FEDERAL WSURAMM COMPANY. do rlereby coat' char IPA brego.N Para of Awrney is n fun b+ca end cites. Grvenundermyft Mandthe9.90!dsueCwrtpuarrwrnn.NJ.ntr 307H n.r,d NOVEMBER ,g 92 x C n JW 4zw -� (Rev 4 L (F)RMERLY 21-1040=1 Pfum%o LIrA - CHUBB GROUP OF INSURANCE COMPANIES Lw� N. [1it2:1iMus] FEDERAL INSURANCE COMPANY Bond No. • Amount S Know All Men By These Presents, That we. Lxcc 1 Paving C otnpan}- (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of Indiana. (hereinafter called the Surety), as Surety, are held and firmly bound unto ' City of Huth i rly l.on 1�racl� (hereinafter called the Obligee). I in the sum of 'I'en pereen L (').f L lie t o La 1 arnoun t c.r.f the b.i d Dollars (S 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, f our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 18 day of A. D. nineteen hundred and y2 WHEREAS, the Principal has submitted a bid, dated 3 19 92 for UerltPr AvPrlue Widening. f�r'�I t il�itt�, gigrti ing in(i nw)cli f is al ion Itrgn-()vornx nt.c� al InL(-n-.s aLe 405-I3Fac:h Blvd. Irr4)i,ov(rtx?nt.s NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure Of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Excel Pavin"ompany ~� Principal By- C.P. Brown President FEDERAL INSURANCE COMPANY By: A'� a. k. Do as A. pp 17 Attornev in Fact fin. 4 opt rp.,Vn POWER OF. ATTORNEY Krw%* ell Mtn by these Presents. That the FEOERAL INSURANCE COMPANY. 15 Mountain View 1408d. Warren. New Jersey. an Indiana Corpora - ion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California-------- - •aCh 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 nere0n or otherwise, bonds of any of the following classes, to•wil: 1_ Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond Or Undertaking, 2- Surety bands to the United States of America Or any agency thereof, including those required or permitted under the laws or regulations relatin4 to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State. City. Town, Village. Board of other body or organization, public or private: bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workers' Compensation bonds, Miscellaneous Surety bonds and bands 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 Wtbiew WI~. the said FEDERAL INSURANCE COMPANY hw purtuatd to In Brra s. caused Riles presents to in S"d by 49 Vice Pnsmarn rid Atuslari Secretary rhd fn com"t solo I w risreto dossed 11,1" 30th 11" or June 1s 92 FEDERAL iN8L#JlANCE COMPANY By C�� /v r D Dlaai YICe Pnaident •TATE OF NEW jan"T :ounty of Somerset ss On tow 3 0 t h d., a June 19 92 b.r1e me paeaQyay pna Rerhrd a oT:a+nor o n» known r d br a,e krpwn at be AtumAnt Seueury d vie FEDERAL eALrgANC� ,OYPANY. the capoi on described n1 and wweh executed the foregoing Patiow of Art m". aing the gem Rrcriatd D OConnor being by ins duty sworn. old itspass and say mat M is AWpera Secretary of tya TDERAL INBURANCE COMPANY end Itripwe the COMO" Seal utrad. I" the aMI of iaad to me ar+gang Priwr of Anwfiey a such cogX"" seal caw was thereto affixed by au ll'" of the brim e of said ;omits" and met he agned Said Poster or Artorriey as Assiitan Secmry, of card Camp" by like atithordr arid Ihr he be ACqusuMed wdh Jrde1 D Dixon snit knOwt rtKd b be the vice Presiders Of said Cdrrway. and vim the signature of gam Jonm D Drwn subscribed to said Pawn of Arlpntey is n Vo genuwa handwriting of said James D (limn am was MOM subu+lbw by sulhonty a sad arLmra end in deprr»n-I preaerioa Jwrw seal •. " "3 �Nrr Gk 5�..�;vy, A[kriowiedped Ana S n ro before rile J`'•'Alon the dno .Koren NQTART i �� ��. _.� .4 \'i R: it Al( Nwary PtrbAc �tr Noierr Pu „c. 51a11, of Nay ilrtiry 4Ra+, CERTIFIGkTiON No 7091352 ;TATE OF NEW JERSEY COrdteiSSion Expires July. "e !t" SS. ::ounty of Somerset f. can ursow"rhad. Au*wi Secretary of the FEDERAL INSURANCE COMPANY. do hereby o&n ty that the toaowrhng to a Duo a=carpi from ins By -Laws d the Sara Company et adop"d by a Board of Deect" in starch 2. 1090 ano that this BrLsm 4 m fun forest Arid eitet.Y ..ARTICLE xV111 Seaon 2- All bonds. undertakings. contracts and other instrvmetits omen than as aboia nor and R7 WAII of Itie Company which if is auitiorasid by •aw or ds darter to newts, may and shaft be executed it the who end oft when of Ihs Company ether by cane Chairman or the Vtca Chairman or the Praadwe or a Vice Presioer,t. Tardy we the Secretary or an Asststarr Secretary. under their timsobar e designnona. seesp Mat any one or tdwe officers or atrorngs•in• act desgriaosd in arty resahArOn dl tha Boeid at Dieclara or the Ehntuma Comfwnee. of in any power d Mrorhey aeeured es prvrrdad for in Secivi n 3 below. finery awnne any such bond. uidertak" or oahar obhgaton as prwlded in such resdtritdn or power of attdrney, Seuon 1 As powers of et"rwy for and on Wharf of tra Compel y may arid "w "West" m me may end on bOW d pa Canoeay SOW by me Ctrrraan or 1nQ vice Crunch OF da PM640M a ■ (roe Pr**KIF or an Asecown Vitae Presto". jauety with rho Sect wy at an Aaautan Seaenry, uridar ow reepearw deargnMvne The sure or such offroers rav y w angrared. primed or Ishoprepoad The sitisatwe d each of the bkwirig orrors cy,.ir+n.n. Vice ChawmM. Presided. any Vee PrssidenL any Amoslar s vee Pt*@do try secretary. "Auawe Secretary And the asat of the Como" may be ahead by racsn,iw o ay pdwe d Ammer or to pry crnhcw raUing Iao appow" Asarrrs Serrswae orAnwn yw4 Fw for ptxpoaee o+y a emtuwV "odious bona rid,mdenalu i¢ and Ow +.swig, all, .ory n na nat/e eared. and any Such power d arwrney of frnrncen bearing such reeakrre &W e" or btcswriia east ague w rsrm aM bi+ang upon t1'a Carnwnl' sold any earn Dower so axacutsd Arid oaarhed by Such refanire 9"ura and faceimits seal shall be •ohd trap binding upon "coaipuy withr«pen to try baW or tea.nakrng to which d it anecrl.d - i furimr candy pia said FEDERAL aaSURANCE COMPMff is duly kortaed n trars ea rmeery end surety buarneas m arch of the States d Ion uneed States of Amerca. DWFK:f d Cohrmba. Pueaa P-M taw each d the tro.anoes d Coneoa with the adn a Privies Edi.rd bland. rid te Sao duly Issnsed to becoinn safe outWy on bonds undefukwlge. etc . waddled w fequ grad by taw f. tho u nows+gred Assisam Seemry d FEDERAL INSURANCE COMPANY. do herabr eerlify that the krepm Power d Attorney a in hullnotes and effect o..none..ayha,+d.ad+d.e.aia..dcomw+r.,wr+.n.N�.d1s 18 d�a November .19 92 �l ..�' i•^ lualetenl retery � b n fir �0 r C4s� s i IERAt rFoRMERLY 21 10-03331 err 10 uip1 A RELIANCE INSURANCE COMPANY = HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA BOND NO: U953378 BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A_I_A. DOCUMENT NO. A-310 (FEB. 1970 ED.1 -� jyv ALL BY THESE PRESENTS, that we GRIFFITH COMPANY _= Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia, a corporation duty organized under the laws of the State of Pennsylvania, as Surety, hereinafter the Surety, are held and firmly bound unto CITY OF HUNT I NGTON BEACH =- Obligee, hereinafter called the Obligee, in the sum of TEN' PERCENT OF THE AMOUNT BID--- Dollars I$im. ), rear the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 'W"LRLAS, the Principal has submitted a bid for CENTER AVENUE W I DEN I NG, RESTR I P I NG, S I GNI NG ""D SIGNAL IV..ODIF ICAT ION IMPROVEMENTS AT INTERSTATE 405 - BEACH BOULEVARD -",!/OFF RAMPS, C.C. 725 ^r, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a -^^''_ct with the Obligee In accordance with the terms of such bid, and give such bored or bonds as may be In the bidding or Contract Documents with good and sufficient surety for the faithful performance of Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or In the of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid such larger amount for which the Obligee may In good faith contract with another party to perform the covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and LIgned and sealed this 24 T H day of NOV E MBE R A.D. 19 92 1-RIFFITH QQMPANY + (Principal) (Seal) (1r.irness) � THOi`aAj L. FOSS VICE PRESIDENT RELIANCE I RAN �CWPANY 2705 fa. 1C-73 W.RK E. SHReVE1NGjaSw_A.:-TO,RNEY-;N-FAcr 2 59/EP 5190 MIUM -NIL- RELIANCE INSURANCE COMPANY HEAD OFFICE-HIL-ADELPHiA. PENNSYLVANIA POWER OF ATTORNEY 1<1`10W ALL m-EN 3Y-7HESE PRESEN'S. Trtat ine RELIANCE INSURAr:Cc Cot:•PANY. a cor➢Oralton duly Crganczed under the taws of the State of i*rtnsy:vania. does hereby make, cor5ti1•,I1e and appoint M:,%.RK E. off RT-�'E:�SIDE, CAT!FCRNIL ----- :s .rue and :awluh Anorney-ir-Fact to make. execure. seal and del -of r:+.r and on .rs be`ae- and as !:s act a^•C derrJ ANY AND ALL BONDS AND, ' DEBT K.iNGS Or SURETYSHIP ----------- and to bind t.e RELIANCE INSURANCE COMPANY thereby as rally and tc ,`e sarne a -tent as :f sucn bonds and undertakings and o:ner wr:[in,s obligatory in ;he r.at-ire thereof were signed by an Executive On,Cer 0! t.^.o REL.ANCC INSURANCE COMPANY &nd scaled and ancs:e^_ by one Other of such Officers. and hereby rati;ies and Confirig-.s all tPa; its said Anorney(s)-in-Fact r-.;;y �o :nt pursuar-cc '%ereof- #his Power of Attorney is graniod under and by author.!,/ of Ar.:Ue :"I c' By-�--a-rrs 01 RC-:ANCE .NSURr ^SCE M.APANY wn.ch bocano etleCUve September 7. 1978• wrtrch proves;Or.s are now in full force and etfect reading as roecws. ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors.:he President. the Chairman of the rB.3ard. any Senor vice President, any V:Ce President or AssfStant vice President or other officer de5:grlated by the Board of D,rectors shalt have power and G:; hofi y to (&) appoin. At;^rneys-in-Fact and ;a authorize them to execute on behalf of the Company. bonds and undertakings. reeog.nixanCes- con.tracs c: indemnity and other writings obligatory in the nature thereof. and (b) ;O remove any such Attorney -in -Fact at any jme and :evoke the power and aLt7of !,y y-,ver ;o -l)-M 2. Attorneys -in -Fact shall have power and authority. subject to the .erns arc t!mi;ations 01 :tta power Ot attorney issued to then". to execute and deliver on behalf of the Company bonds and undertakings. recogn:zances. contracts of -ndentnity and other writings obligatory in u.e nature the-reofThe corporate seal is not necessary !or the validity of any bonds and Lr.de- safe-r-gs. reco.;n.zances. con+acts Of inCernmty and other writings Obliga;ory in the nature thereof. 3. AnoMeys-in-Fact shall have power and authority to execute ar.:Ca:.s : eqL;;, d to !sc arzched !o bonds. recognza•nces. cons acm Of indeiT- nity or other Conditional or Obfisa:Ory undertakings and ,hoy shall also have ?Cner and authority ;O cerr.`y the :inanc.al statement Ot Lhe Company and to copies of the By -Laws of the Company or any article or section tPerocf- This power of a.^.orney is signed and Sealcd by facsimile undr.r ].nd qr au:nOrCy Ct t•'te fO'lowing Re50IW1tOn adOrted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on ;he 5,1) day of Ju^e. t9779- at which a q-.:oru: -as presehL and said Resolution has no! been a•fnended or repealed: -Resolved. that the signatures of such directors and Officers an-, :re seal of :r.c Company -.ay be amxed to any su•c-^- aOwer Of aCOrney Or any ceni.^.C1te relating thereto by facs-m-le. tiro ary such power of ar_:ney Or Cerlif,Ca:e bearing such facstmi;e St7ra:-jre3 or :a CStmt:e seal shall be valid arC b.nd ng u7Or. trio CQmDai-y and any Such :�Ower -O exeCu:e7 and Ce•niLed by lacsi:hile signat�ros and IaCSLrT.tle seal snail be va tO arc �.nCing upon :ne Company in :h-e future w 1n respect to any bond Or undc.akirg :o whi C11 it is attached" :.N WiTNESS WriEREOF. the RELIANCE INSURANCE COMPANY has caused :'•ese Presen'S to oe sig^e' by its `:ice PresidenL and its corporate sea: to be hereto arfixed. this 1 Z th day of RELIANCE INSLI=.A•vC- CCiMPANY ;03 Vice President �� i STATE OF Washington. COUNTY OF ss. jClilCy on this 12th day of ,July 19 9y;.ersOr.a'lyargeared Lawrence r+'It. Car 1st om ;D me known IO be the vice -?resident of the '*cLIA:VCE INSURANCe COI�'•PAtiY, an^ wleC,ed that he executed and attested ;he foregoing instrument and affixed the seal of said corporation thereto. and that Article '•rlr. Sect• r. 1. 2� an 3 of �.e By -Laws o! said Company and ;he ReSOIp- tton• set torch Lhere:n. are still in full torte_ n 11 mot•'~ My Commission expires c AIM May 1 s - .19 9 4 ?o-r" Notay L n• Pub1tin ao tar S:atc Washin on Res•ding at Tacoma I. Mar jc ? e S . Hansen Assistant Secre•.ary o; ir.c L.Zu,4CE INSURANCc COMP. N*Y. do hereby cert:y that ;he above and foregoing is a true and correct copy of a Power u' Attorney executed by sates RELIANCE :NSURAN•CF CCyr.SPANY• which is still in full force and e rf ect ;N IMTNESS WHEREOF. 1 have hereunto se: ny hand and at7ixed fete sea' Of said Company Inis 24TH day of NO VEMBER 1992 Assistant Se eI ry / Marj,6Yie S. Hansen FidelityanDeposit Companyd HOME OFFICE OF MARYLAND BALTIMORE, AID_ 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we,.....HAUSCH.I.LD..CQhSTRUCTiON,.- INC. P.O. BOX 127 ......................................................................................................................................................................................... EL TOR4# CA... 92630 as Principal, (hereinafter called the "Principal"), and ............ the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, of Baltimore, Maryland. a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto ............. ... CITY... OF HUNTINGTON BEACH ..................................... ................................................................................................................................. CIVIC CENTER 2000 MAIN STREET ............................................................................................................... ............... ...................................................... HUNTiIrGTON BEACH, CA. ........as Obligee, (hereinafter called the "Obligee"), in the sum of .... 10% OF AMOUNT BID ...........Dollars ($..... l97k................), .................................................................................... for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for...CENTER AVENUE WIDENING.,..RESTRIPING�............. SIG:lING� A_ND..SIGNAL... MObIFICATI0;1. I1tPR0VEMENTS,.AT..INTERSTATE... 4.05-BEACH...BLVD................. A.*1 ON/OFF RP5 ............................................................................................................................................................................................. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference net to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ........ 1ST !jne$5 .day of...D.ECEMBER....... .A.D. 199.2.-.-. . ....... . ...................... .. ...... . .......... .. (SEAL) Principal J��..1!.... G.. ...................... ..... ..... Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1 surety CX1� ti,� ►� Witness y. ........ `.L..� .. �L�p.......ATTORh£—IN—FATitle C325d-- 130M. .\tmro—d by Th.: rastitute of Architect.. A.1.:% D) Kum.c,:t No- A 310 February 19:0 E:dttion_ ` - Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOJAt O'FrCE. M71MORE. WO KNOW ALL MEN BY THESE PRESENTS- That the FIDELITY AND DEPOSIT COMPANY OF MkRYLAND. a corporation of the State of Man land, by C. 21-1. PECOT, JR. , Vice -President. and C. ld. ROBBINS Assistant Secretary, in pur%udncr of authority granted by Article N'l, Section 2, of the B%-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint John R. Lokey or Long Beach, California,,\ .............. agent and Attorney -in -Fact, to make, execute, any and all bonds and undertakings...... bn its behalf as surety, and as its act and deed: n t e execution of such bonds or undertakings in purs �� of these `Z iWis, shall be as binding upon said Company, as fully and amply-, to all intents and purposes, as if they he ,,,duly exe and acknowledged by the regularly- elected officers of the Company at its office in Baltimore. Ltd., in the t�w proper ts. This power of a[torney revokes that issued on behalf of John R. Lokek�°ated, J�ary 12, 1977. The said .Assistant Secretary does hereby ce t the ex t forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company now inFc, IN WITNESS ��HERFOF. the said Vice�esr nt and .t Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AOEPOSITC�Y OF MARYLAND. this 20th day of Ja:Iuary , .A.D. l9��' o v FIDELIA AND IT C051PA_Nl ATTEST: :SEAL f �asie[anf. far} STATE OF MfARIL,00 CITt OF BALTIMORE Ss OF MARYLa.ND By----------------------- = � .... �'icr•Prrai cnt On this 20th day of January A.D. 1988 , before the subscriber, a ;rotary 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 FIDEL1Tn' AND DEPOSIT CO}iPANY 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. se%erall% and each for himself deposeth and with, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seat 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 vear first above written. '[ Notary Public COmmi5q,0"njZPiresJu ly 1. 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that the original Power of Attorne} 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 ipecialh 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 CO3iPANY OF NIARYLAND. 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 mechanicaBv 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 TESTLYIONY Q HEREOF. I have hereunto subscribed my name and affixed the cx)rporate seal of the said Company-, this l s t day of DECEMBER 19-21. 012-6481 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND A "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 Kith the concurrence of the Secretary or an) one of the Assistant Secretaries, to appoint Resident Vice -President%, 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, deed. and releases and assignments of judgements, decrees, mortgages and instrument~ in the nature of mortgages, and to affix the .pal of the Company thereto." I.ra�l, -C,r,BIC CBIC BONDING AND INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: California: BID BOND 23172 Plan Pointe Drive, Suite 185 taSuna Hills, CA 926S3 (714) 770-9733, (800) 274.CBIC (714) 770-9805 FAX Natronar WATS: (800) 426.9949_ Bond No. Premium included in Bid Bond Service Undertaking. as Principal, (hereinafter called the "Principal"), and CBIC Bonding and Insurance Company of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto -- CITY OF HUNTINGPON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of OF AMOUNT BID not to exceed Z4M=-SEV-EN THOUSAND AND FIVE HUNDRED AND N01100 _ Dollars (S 27, 500,00,, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for RE6IMPING SIGNING AND SIGNAL MODIFICATION IMPROVEMUMS - AT 1NrE25TATE _4 0 5- BEACH BLVD . ON/OFF RAMP NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2ND day of DECE BER 92 Witness A.D. 19 DANIEL SLAYYEH DBA HILLSIDE CONTRACTORS (Seal) Principal T Title CBIC Bonding and Insurance Company Suety By ` 20,c� (Seal) Wetness ANN CR0U, Attorney -in -Fact R„AraaI n-,_r.n ��00 BIC Home Office: Limited 1213 Valley Street Power of Attorney Q o Box 927' CEIC BONDING AND Y Seattle, WA 98109-027t INSURANCE COMPANY (206) 622-7053 Kf.M ALL MEN eY THESE PRE S=_N1 S ::ta: CEIC E-,1NC''4ANC INSJ°AN-' E GCt: PANY. a x'pC+?! rr! yJ o•pa,r: �d dad e-is'r Lr10er re aws of ne S:a:e o' :+asrrgicr a•1d h3v rg its pn-Nuul trace n Sc21Ye 14n� CJ6ry. YiaSh�,C:on. o0es by t`(iE':.+i 5C:115 :rti�" wr=lrl,:e ]v3 ]7.17,� IUJV a��.1L L'^ a I s d �l ter, -a. f5:!LF e'ld '2,.�uI ar�•n•?y' i, la:'1 w: 1101 •jOwer and a.Aho^-f rie--ei*i Co,1er'ed r`aa :Is '>S.'rw. pl?ce ar0 s:ei:.. 1, a=r��:e- aara,�ieo"yE ar•� ;t:'.er i', i 55d aarar:ceE perfa-�,:E drd ac:-enl bent• ram: E••_?e^ana r`r ,?coal ;J^ _I S1 250 a-M. 12i b 3 bonds for !0 s clue. .-•�-.r"?":1 �5 de';"d�J. :'e `=='�:--";1Pf1: _ _ � _ - - .__,} '.v7 _ s__. _.. .. ,+' - :;'L'.5 :�---- 7C.�$>': r�:/'r']_ �. a: :, -a c. .: �'a'.c .._"L.. of Fuel Y. FCKOery an0 SurP:y li0res ;rUJd r^y IJluri• d ne' L TY r:5 :rM c J! Ss itdoa - C4v.:,aCt iE xcIjo-% ;:j tcndsi- M S kI:a.'ZoJ5 Lure(, a'Q Perm:- and -L'wd r_;1 epcening [`e pena' SOr o' S2.03.1003. I.} Dr0 bends lcr F' s w, re, p- sw,1 `o 1ne a---!w.:fin: 3.=: ;: i cbO'4 w:ae'e. i! r'e CC'11ra= i, awjrm j 11e pe4 r:n3f R and 0' a'i r11en7 b0 x:si r,7 no: e�,� ^d S2:�j�.�?0- and'Si aE C;ho• bonds no: e:C6e-.ng ;,o pena Burr. d 5,39..::^. Fro:,j%-awt':e:- ;r.;: ANN CROJL'5 :jranle, cicae, a ;0 ,J:nc:Jy i� exc-c the a.-cA Ne pe-al Ym: C-evrOt slt se! Ida-. of a•1y DGnd in a9 amount eQJ31 10 t`-E wiwnl 01 ary Ierer of C'ed'- 0: srn ar SE:J,iiy. ref '•ey 25 Oaf a16 a, s?;.'_-:y br :7 w'rz3.'A' a5 a" arj va:nen, :o .ssuc- Iie Dond. av :0 Drd ::la C ':y3Of 1`ereby as luiv and ;0 :v Eia-.* er:enl as d sue': bonds were sigriM by !,e Plesde,l. sea (-� w.I" "E . 4pC:aI? sea, O::-e Cv--; 3dy' 2r- ;,t; y a"es of o-, a SeJe:ary here-.ir ra•'' -r ax CC,Srm r^y aq Ira[ :Oe sand an0r,ey- r !act rn.4 % r rye pfe rseS Said a^JO nrfne' 6 rrldYe LrCCr 2.,9 Dy a, ;he •1 r •nSCU .cf.E d-- fP: by rre boa O' I.,c c:s e''M G61C B,3NL--G AND INSURANCE COMPANY on Janiary 15 1,091 RESCI aEC a' ire P el -cm is aut--0' :e;• I- cDif_: as _ y h'_ ' r -3rl ;I i`E .fT ry ANN -Ib oov.5r oti9 J.15 Syr -'a b',i'! ::4 r'e -rn any f f ; SEA g6ala-,:ae7 pertC4.7larea-c: y-n",tb:r_s"K 53--10b--!DzxC=!,-if75Sa�E:e la.aa2=cr!' Cilc3+'2'C reS6AgJ3a,: 31Cc^o -akeard'.,;ay:npi!borC:s: wit :lO:eiCM.4S'2]0-))i) .:;:. ".a SJrrl'r+51zid'nel A'!-Z,:Z- SRd'=1.'a^ua�:'F�'-'ari.�C"yr�r�a-: SLrC:y �=ndii�rv-L:, y'l.tJ'ea!fw'd�k 1:5 t`vel01 as Jul Oa'- G..-MraC: 1ett7.YJ -re M 00'r5' !!.i_Le'ILrc7_c Lre.'la? ax Perm t. ar: FECe2; rQt e,ree.;,c !h2'Trzi SL- O' S2 r:' bd Do -Cs 'o• 10bs wiser purs0a-: IC 4 ae a.Ah-+n -r4dJ5e •;3i abcve *here. it"c:wri:!a:f .s a'+'arCeG ::i- x10 ^ante and ;A'yayme"a: [?Cntl. si fn1 lY: er�p,] jG-L•=J JJ'� a:415! al Clher joio5'lo: exceedf y the p�-•'1af surr o! Ss05.595- R=_SIxVEDFURTHER:halANNCROLILisa•a,:PCpCw,,(an-aJlho''yICe,CeE"the 2VUotiere-alI--m!se''0-r -.t'eprec�din_fPso'tltz;rIo-any b-rdlnar.ar JniegJ2'tOthea'^OJ'll Of any Pryer of crecA ✓t s rnla- sea.r:y- :e X v(- as C016'F'2_' SE:,--:.'::h^ I,.Qmzi Tj as i, rluyeme r'- rs5.i L"^_ b:)Id RES(Y,VEC F'JRTHE; :-.a::,? aJfr enry cl hE Sec ,:n c: 'ye C[:ripary 1- Ccn.-y :w :r--' = r: and c"� :ra,• ss c, ;rc 1_ e:o'r; :wo resca ors n arr L ,-ed Parser 01 Fncr: � y s hereby delPga:ed I-1he'l low-a:M' DVsi1'5 I`e Sjgra:-•e i' a') : .'r la;aa,01- bind 1-f o'': a,'r a-,1h (PSUE:: !D Iha dOI&E NIZ1r, arv- e•'Kir, er*-ss CI :lt IOre^"..•V, esoiv -ns as it 510--m try re Secfe'a•y -t t~e C-+Teary C w' J Fa's•o*. Garr, _3 wy R I_ Th el. Barba: a Tw . Jaw K --r•a "e. Do: -aid S,•'un a -id S:e.'en .A Gases AE SD: VED FU3T.•IEA' a' the sr-ra:.),,e5 hne ud rg ce1rl,rr-::-.a Ina; Ire Power o' A%4nee iS sbJ,r. ICICO and e tee!i -I :he Prei 7e,i ':� a.y Fzblti arC 3e 4r � Y. �i a✓Nter". and e'1Etlrveness. and t,e c0'pc:ate aria Notart _ea's azoea• r; -r, at, Lm:ec Powe• 0' Arc,'ty CO':ain ry :, s ax the'crec.0 ry t?s'-s.: -r.s !rEf be b f Id-s m:le. RE SOLVED FURTHERtra:a'I'e oa.:ramEdasa-tcrnepri'fa`::rCB. BONDING AND .NSuRANGEC-OtAFANYa•ehe,f. y5-.i;e'5eded IN vlfr.-SS WHER_DF CEIC BONDIN3 AND INSJR..AKE CO'.1Pkill cause- 1`ese piece -is '0 9e sg .c- by its Oresrde'l: an,: 'S OC:pora:e 5Ea ?. tie h2•elc aY..e: tars 15!- oay o' Jan -ay 1991 CEIC BONDING AND INSURANCE COMPANY qC�G *QP O R gT*~Ire �r4� may;• G� F •• .�� ri SEAL, % • C i Sievert A Ganes. P!es:Jen1 1979 S A _ rFW:.5-I'4;;TO.14-001-`!T`!'D= cl!.'3 ,slsthdayo: w:Lary 1�3 .ix'sc'wr;a - 3...=iEr'_'la v- ;_S-,.rrw..r . 1_xl E=:rsrcr:cl:na:-:" O ;ray'-e.• J:-:ME. :-reoonCLm',�c?owe-c` Allcrr.E. arc arr,ow�.n.yedsac: La :ale9 Pose: D' ArOney 10'�^.. 1'.e fr+e aria •: aJ'llart 3d d-C f{•ed C•'sd C =:pr'ra':{' Iry ;•ie J5e5 d'ic ¢�CSes th?•E.' :r.Ec1r_:wd. ar C Cr C'3[- s:a:eC :•`•d'. `e's 2J:h]'�C' 1C e.ecL:e the 5a C L,mlCd Pewef -t Arorrey r.1 IN WITNESS P+FEF.EOF ' h3ve heleurl0 set ^y '1a',C a"- a`fi.eC "iv -" _all seal t"e Jay and vEd� Pros: a70:e' 1M ^ Uti Lr ? N0T. TP' ■\I(- J _ !fir•? O tJOtary Putic in and lot the Swe -1 Washa.g:0,. -esging at Searle Kd7 Ie;�rlJlta..►'� The 'undes ned. a -trig J,Oer aj:NO-np 0` ire B-at- O' Gre`tvS O' C$IG BON -DING ANC I>ISUFA W-z- COMPANY. here:,' Cfr :-ec- as o' in IieJ 0' Cen.hCa:e of !,e Seae7a-y of MC BONDaVG AND INSURANCE COMPANY. Ira a '• •"lepix- is a full. L-Je wic-x-re•� co.t 0` :,a 0•grna. ]Owen V Atiorr" -s5'_eJ by said Go"pa-t . and ones ne•ec'y •J'[het telly ta::ne said -ewer of Affor,ey 's s0 Ir lace ar.1 e'fee GIVEN undermyranca' ,S liNA H , CA Ins 2ND cayor DECE?1BErZ 92 -- - - t PoaACO2-0rA'.11591 481U-J5 4-00236 DEPARTMENT OF THE TREASURY Fiscal Service (Dept. Circ. 570, 1991 -- Rev., Supp. No. 1) SURETY COMPANIES ACCEPTABLE ON FEDERAL BONDS Contractor's Bonding and Insurance Company NOTICE The above mentioned company was listed in 56 FR 30139, 3uly 1, 1991, as a surety company acceptable on Federal bonds. Federal bond -approving officers are hereby notified that Contractor's Bonding and Insurance Company is required by State law to conduct business in the State of California as CBIC Bonding and Insurance Company. Federal bond --approving officers should annotate their reference copies of Treasury Circular 570, 1991 Revision, to. indicate that CBIC Bonding and -Insurance Company is acceptable on Federal bonds in the State of California. Questions concerning this-notice•may be directed to the Department of the Treasury, Financial Management Service, Fonds Management Division, Surety Bond Branch, Washington, D.C.*20227f telephone (202) 287-3921 or (202) 874-6850 (effec. July 27, 1991). Cf, �ie 0-� ;1 . 6, . 1-14, w1wa"_ &/ Charles F: Schwan, III Director Funds Management Division DATED: July 1, 1991 Certified to be A [Tue copy of the original. ` ' Signed -C- BIC CBIC BONDING AND INSURANCE COMPANY California: 23172 Plaza Pointe Drive, Suite 18S BID BOND Laguna Hills, CA 926S3 (714) 770.9733, (800) 274-CB lC (714) 770.9805 RX Natiowl WAi c (800) 426-9949 Bond No. Premium included in Bid Bond Service Undertaking. KNOW ALL MEN BY THESE PRESENTS: That we, NOBEST INCORPORATED as Principal, (hereinafter called the "Principal"), and CBIC Bonding and Insurance Company of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT F THE TOTAL-AMOM OF not to exceed TWENTY—EIGHT THOUSAND THREE HUNDRED EIGHTY AND NO s Dollars ($ __ 28, 380.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CENTER AVENUE WIDENING CC-725 BID DATE: 12/3/92 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th Witness day of NOVEMBER NOBEST INCORPORATED and Insurance Company A.D. 19 92 (Seal) Principal \ Title Sure,y By . (Seal) Witness LINDA D. COATS Atftarney-in-Fad lindCB B 1.03-CG082289 L"TED P(MER OF ATTriiMY READ CAREFULLY % CM BOf MIS AND WSURANCE COV PA.NY IS Afi5pONSM" O tY f GA TM♦ SW DESCFNIISED AND LOP 70 M AMOMT SET FORTH IN TM UNTIM -..-pOWXROFATTOAWANYERASi1REWill, LYDaTl4SPOWER OFAT1ORCY.IF701140EART QLaM NS45OUTFR*WTDYEFRFVTkMPOM Olt *TtO,EY.CA"C8lCSONOWA"AKOINSURAKEIDMPANTIRLM". kiILL51CA1If0gNMATQ1k)nQj- f- -` M1 Peeaf 81+, S 2 8, 3 B.O.. Ii 0 M...y w. CA 0 5 3 PovW' No. C 04 6 3 0 Bond Nt_ B I D 11niled Parer at Atiorr,.y- e! 2 i 1 %� 3 Date Approved- i i113 ! 9 2 Appre%*�Dy: _.. . 1 ME I K wr.aa+P,i.,wi:N0BE T INLOR tar" wre.ol0o;q» CITY OF HUNTINGTON. BEACH CENTER VENUE:.kID£XiHG C-725.. . . lccot:on pi ApPi:c�Ck�: tGtq t arrjY� BY do. by�rtsf preLettamsla acoe4e d � a GCMtMN'G 1 1ont C4 U i 5'7 VT S Ifign stun lh. d"' i Cl Y L 'I'll "anrt. P+> DM Is" to Stideq, Of It.Inas end lerrts dserr.yaNed, wdn hd petr 4 ;d atstep,ey hvdey.oaf wed oft neety pies e.a .a.d so ereWa, ectroradge end dahwr se Dortd(s) daavgad ebavc red to twd fhe Caspmy emery as fullf end b the sews edam as d each srQt bond war atgeed by tlw prerdert weled web 11»oaFarste see} d rs Conpoty and"a6arclL7 h Seery, eenby-ef" arc canWaieg at than fm irt6ra arF m .lr pwnra !re roar.rara.,r ...de rrdr .eel br ee OY h tatoeep resdueob rafq.•.i oft* lord of all See of COX s0NDIU3Aim lKSUgAF.Cti OOti *O on 6 / 1 i 9 2 RE'SDI:rIED"r"Pwmdreisartemsd-osprairaiaftrrspo-frJdrboCompsnf L I N DA D . COATS win p3rrand surhavyto3rnaneenr atft Gomm" elm suetyLooasrbctkmayerarsamtoerflotoWPM" byR.LT"of9"113rML rsucepeasilrrleo4etmrarptos�cncx�tbasesnnyee�prc+bdeYpLlTrel a Baba ra TNeL R®OLOEDPURT M Mal Beet Pov.rof Attoravy matt si Wk ttte saecpk deaclplos I Ira bare to W Ncn It 201as Its rare a to pmtlpa he name or Ts ONO". Ire pen wrL tie board marebar tmopt for a be bosd where tear is so.o.rbirj tee 4bilf rag s erba d to aftornty-attact the abatdyng c osoar ar t;rm Pgtw 0 AW eey, asd the afro atd sy sabat of R.L Tted a Barba a lliag Sell y nay s+t tor.i w dsaenptio. e.d a Grex d edmteo.at rota naa s eolssaL h anll ti�ll� FilriTit�R DtdRLiteta BnearaTtuel Is wlurlee to wHllhi a sper/k e>Qirafsart din tQ tie Amm o' Agorneyasd to eudelythat date hen 5" to tins:s RL Thiel or Bubo-. T" dssana nwnswy -a its Aer sok dlacrefla a: fee appilntle eapi eft o date to be clearly ed f orth In any orrgtte Pond d A lwney 015MYEDFtJRTFMthaC.aaeptNet CDtevWpr i2d1e1A1rAreeP& fysiccowesgroaobmarr,mderbrhrcurnstGrmsaatt(t)ftmosclarvos4fortry64peyneN,pWo(ffwac, u combsular. psyreeat ane pedor uncs boot (Le, a x0o,tnrce area paymeit oakgdton Is one Cart: tce9) eased $1,250iJOC l Dw bared Is guvatksi by the Sense lhsrws A4nrwbat ar p) au puss sum d arty bond a of guaranteed by tjr snat IllLsiont Adel sednft2 (oiw trmt a brd bond rsict is f Lannon restrkted bya:u. (c$ vice., S2AODAOt., aid [c) a Lad bent, ,rant k not goarsalmd by fee Stall ousl was Adro rtettatun be wasted tar a Job wle& , it the costly is attardew, :te bcrd penLly an say paAonrove boat. prpstal boric, or combuto■ perta mtasct and payrssrt be sd ;w, a pettarrao ee srr, payrwrt obbgatim In oft bond farm) to bt encuted pusra a:Io the Did bond Is to tsmad fMOX REMLYMFUATFAsett1sabeduardAtuily ictIsg.. pa.cand enarlaretrioeioudteeapp&artiepure}tribget Iva io!tbfaatesderyprecedlryrnoutios1craryDos, IF a■ arrtna - egadtD Otc rao v ert of ary addrlaul rearm moo or of ivy cash Mr of credo or Pow tacnrR faceend ,a coiatzrnt eeculy by tht G DgWy at led awaMI iw rstw the Wad. so :"g as tie deerxlplo ■ and as oe rrt or sddNe sal wins in ace or eoralmol s is eel tarh ir. in Porn Dr Atbrwic AIEWlYEID FU MER Lid ttx &}!duty at the SmdarT of the Co }}party to carbtl tea ulhadraty arr3 vrl.ptrmps of Tv t 0m9a ng reatgo" r ary L>nted Pawn of Anon bey is teareby adepded b tee tOo" penomtie sig:Uture of ary or thef s{orreg to brad the Coargarr) wits 12ped to IN selharb=4 arid dieCtANns of tho toraga sg retokbDrLs as l sigsed by the 8.crltary d tea Gm'+mr. RL Tar et Man Thiel or "I OrG A Ii,90LWO F1 WMM "tea Wgmtrrsa lsdtaing oatetcaten btdtae Pura of hooray a sU r force m a toctj of RLIflud ar liftam Taft, and Nafary P6MW sad w capo-os and Nomy gesla eppeertag on my Urtled Pmwr of Attarnery =f0irdrg this aid fiveTbrog oe,s ruo-olaa a stay be bT bmnu R6a0LWDRWMPthatall waoklousaoptacPrior lot=Wapyoletteg%ibmIssteelasa]onet4aaactfartheconvaryareterttyK4wseded. H Wff ESS WO EBONDING AND tk1SUSANCE COMPANY has tamed these prs�atts tD be vgrtod by AL Tied and Barbs. Thad, err! rb oat poste Seed IDbar hereto am tad b/ i 'VIM CBIC BONDING AND tNSURAHCli COMPANY oY F i °-opo'rirl--- R.L_ Thiel �s STATE OF CALtFDRWA — COUNTY OF ORANGG i 6/I7/92 On , pasonslty oppoarod R.L. Thiel and ➢erbara That tome knerre lose ropeaaeatetires of rrte caryav:w■ tltm rear dot tM feregora' Latad Pawsr atARorsy Seat er#aow{adred Led Lumted Power d Ataamal to be the tras and "untarV ad acd dued of aid eupordia1lor the aces end ptapaaas the-a.e u"ioee `r, sad as oak stew IW tltj ere eathortltrd to mcLft tt► sa d Ur utsd Prrwee d Anorsal, IN WITNESS IIAiEREGF.Ihave kws"u srr my YOlAllOA L VSA N ney "Lac -tr"am amimcouwt MM Dom oyes l.ti U IM Ter tstdrtgasA sctrtg wrier .Wally d M Bond d airsdars d C t'C RCrf 7etiG AMO W W Wt►rCF C OiiW COIIPLWtt rtrt n» stew and teee�q .. t� Iry and oerract upT d fr Ongnat lbw dAlmter awed by g U n a H i l l s, CA 19 — Mralai- y nacre tar rr» 9 — A , nrGng .rriry -- aartl.e. w a t d Ce4ftcrre d are searwry d :11C lOrtDlwc AIiD ttsihrvi 7t "dam Mby frrlar rhat rsv =4 taaeer veAttarrop s w iwan "wd OW. day of _ Nov 19— 9 2 A9(t21790r �.SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES- BEDMINSTER, NEW JERSEY c BOND NO. 766046(18126) PROPOSAL BOND PREMIUM: INCLUDED IN BBSU Knnm all men bg t4rsr f resents: THAT WE, SULLY -MILLER CONTRACTING CO`fPAN-Y as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH. as obligee, in the sum of ten percent (10%) of the total amount of bid in ---------- DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 3rd day of December WHEREAS, the said principal is herewith submitting its proposal for CENTER AVENUE WIDENING, RESTRIPING, SIGNING AND SIGNAL MODIFICATION IMPROVEMENTS, AT INTERSTATE 405-BEACH BOULEVARD ON/OFF RAMPS. 19 92. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. Bidder's license no. is " Thu license expiration date is 2128/94 . Trx representations made herein are made urn penally of perjury. Fern 136 SULLY-MMILLER CONIMCTING_COMPANY Principal B,y Pr R].air, Assistant Secx`etaxy SEABOARD SURE C4 ANY i By Irene Lau, Attorney -in- act F- 3_140 Certified Cc;�y SEABOARD SURETY COMPANY No. * 11439 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 Paul C . Hughes or Irene Lau or Kathy R. Mair 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 polices bonds recogn.zances, stipufa:;ons consents of sure•y and underwriting undertakings of the Company and releases. ag•eements 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 i oy the Chairman of the Board the President a Vice -President or a Resident Vice -President and by the Secretary, an Assistant Secretary a Resident Sec-e: y o, a Res:dent Ass.s:an: Secretary, or fbr by an Attorney-ir-Fact for the Company appointed and authorized by the Chairma- :•f *.he Board. the Pres.den: or a V.ce-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-:n-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 4th.... .... day of November.--- .--- - - , 19. 92 �NiAttest SEAB ARD RET CO P NY, B (Seal) L V �\ N� --- Assi ecretary Vice -President STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this 4th day of ..-.. - --.- November- - - ----- ----- - - - -- - ------ 19--92.-- before me per onally appeared Michael-B.—Keegan -.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 Jersey... ; 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 sl is name thereto as Vice -President of said Company by like authority. LINDA SMETHERS (Seal) NOTARY PUBLIC OF NEW JERSEY r '"% M Commission Ex ire D c 6 99 Notary Public I t-_ Lin•da a ss sta : Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of wr.:c7 the foregoing is a full true and correct copy, is in hull force and effect on the date of this Certificate and I do further certify that the Vice -President who executed the said Power of Attorn v was one of the Officers authorized ty :he Board of Directors to appoint an attorney -in -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 a* a meet.ng duly called and held on the 25th day of March 1970 RESOLVED 121 That the use of a pr'nt2o facsimile of the crroorate seal of the Company and of th? signature of an Ass;star•• Secretary on anv crrtjhuation of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII Section - of the By -Laws appo;rit•ng and authuriz;r•c attorney -in -tact to sign n the nar-:e and on behalf of the Company surety bonds under.%r,t;ng unc:r:a,;ngs or other instruments described in s: Article VII, Section 1 w!th like effect as if such seal and such signature had been manually affixed a•:d 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 3rd day of December .19 92 1927 t•' . r`T Ass start Secretary BID PROPOSAL FROM Griffith Company _ Firm's Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the widening, restriping, signing and signal modification improvements to Center Avenue at I405/Beach Boulevard On/Offramps. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the bylaws, Hiles or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: ITEM APPROX. ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 Lump Sum Mobilization for ��JII �O /17 p� oQ per lump sum. O 2 Lump Sum Traffic Control for 77-);NTz'rA) T►touS dwnpm 5ffam , -au lump Sum. oy� i 270 / 3 2-7, 3 Lump Sum Construction area $igns for C� J �q nn00 &�,�e2rY lump sum. / l v 4 Lump Sum Clearing and grubbing for Mi d -�a 3 �D 3 2.000 lump sum. 5 Lump Sum Demolition and removal for 7 �� 7��ov per lump sum 6 160 CY Remove concrete for GaA 626AW per cubic yard. 7 2001E Sawcut for C4J, 5 ,Bid SrF?11fu'r'l per lineal fool & C NT-3 ✓ V P-1 G€ii F I i ri '1;;O vd-PANY ITEM APPROX. TEEM WITH UNIT PRICE UNIT NO. QUANTTTY WRITTEN IN WORDS PRICE TOTAL 8 1,000 SF Remove A.C. pavement for 1itf�7�� C( r-3 1 �n Io / V dL2S - per ware foot 9 12 LF Remove chain link fence for Cg-20 [/V foot. f $� 3 D 1 pereal 10 460 CY Roadway excavation -rA/ 0 •S 1 � C� �,ry►� l per cubic yard. 11 125 CY Embankment construction for 7WAJ? )10-Yif 'f7YUPA,'�TS V DYleAl2s f per cubic yard. 12 Lump Sum Construction staking for Fib'- FDuR L Va-APj�&— J q0000 MunIYJPf3 per lump sum.- 13 2 EA Construct 6'-9" curb opening for {{��j/�,i✓ ' f}O J1 2� &WOW 02U4fS per each. 14 55 SF Construct PCC V-guuer for C-tVeFA/ �o f o Q Uj%, Qk7Y -C� gEy _ per square foot. 15 62 Tons Construct 0.50' AB for 7 A'6' - IJY W6W ayd4mPer ton. 16 645 Tons Construct 0.90' AC, Type B. for 7-ftjj i y s ��7Ngu6 ,ton. 17 50 Tons Construct 0.17' AC. Type B, for &krvet VA' G55° p11bgs Fi,�7y csx/r5 per ton. 3 275`° 18 1,300 LF Construct Type A2-8 curb and gutter for 73w MAAc 6EYAF� C—a_._ per lineal foot. I 6t] l D I3,19S 19 2,180 SF Construct 4" PCC sidewalk for 7-WO . s ,v►� F706 - square foot. 45 oa 3l — 20 1.700 SF Construct PCC cross gutter and spandrel for n� cis s�A' c�,u c squarefOOL 21 360 LF Install conduit and wiring (1-1/2" w/#6) fort sv is° 3 �2VC-11 MAITS per lineal foot. 22 300 LF Install conduit and wiring 2--1 ew Ii8 for '7L� Wc�u Ore S a~o 25 I Z �i�O7s� 23 l EA Relocate lighting standard (w/new luminaim & ballast) �! 5VO �� 5-V per each. 24 3 EA Install light standard for -77uCtl-,' Ff `V� g �..�a05 �, T per each. 25 2 EA Install ramp meter loop detector for 77}ft-3r- AV-P�- 7WUiV7}�.S 3Z� 6 — per each. P-2 GRIFFITH uWNANY ITEM APPROX. ITEM WITH UNTT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 26 8 EA Install pull box, Type 5, fqr a J/pv- l301 per each. 27 1 EA Relocate bus stop bench for r *WW6V per each. 28 1 EA Relocate bus stop sign for hIiTY 6 S0od 0U Z&per each. 29 260 LF Relocate chain link fence for Av 4 09U49S C_6W_- sV 9 00 �� r 7 _ S per lineal foot. 30 Lump Sum Replace landscapipg and irrigation and appurtenances rM,;FA) 77)4(/S" Sr,r ~AWAM �pp /5-600Q_Q Qa OiC!iC per lump sum. 31 Lump Sum Construct signal modifications for CIE! -oust 67 Go-r 00 6! DO per lump sum. 32 Lump Sum Construct striping and pavement delineation for V off�' 1� a1 7QQr lump sum. "i��0'9 33 8 EA Relocate roadside sign with existing one post for pp oc1 6� i per each. 34 2 EA Relocate roadside sign with e gtwo� sts farKKR OWORh't1 7YW ff e�t�W6 q5E; q qcl 35 l EA Relocate roadside sign with ne opir-post S for �h DJe� �� tt_0 ~ 36 4 EA Install new roadside sign with two posts (w/reflex reflectors) for h4wC�C'� 00 2j7� JO d W per each. ,f�10 37 2 EA Install new roadside sign with one post for I�0 9a ! SIXTY OPGG� per each. J TOTAL I ' P-3 GRi —Ith .. Licensed in accordance with an act providing for the 03 21Fib __Ie Business Address 2 n 2 o S_ Y a 1 P s t. Place of Residence �riffith Company of contract License No. THOMIA: L. FOSS VICE PRESIDENT ' MICHAEL L. L,JURY l CHIEF ES TWAYU Signature of Bidder Dated this 24th day of November , 1992 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidders Signature It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 180 calendar days, including 60 days for the plant establishment period. 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 "Bidder's license number is 032168. The license expiration date is The representations made herein are made under penalty of perjury. It P-4 GRIFflTH COMPAK ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is Bidders Bond NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in the amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. IM GRIFFIN CO-MPARY PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached, if necessary. 1. Firm Name: Griffith Company 2. Address: 2020 S. Yale St. Santa Ana CA 92704-3974 3. Telephone: 714 - 5 4 9- 2 2 91 4. Type of firm -individual, partnership, or corporation: Corporation 5. Corporation organized under the laws of the State of - California 6. Contractor's License Number: 032168 Expiration Date: Auaust 31, 1994 NOTE: REPRESENTATIONS MADE TIEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: t See Attached Form r 8. Number of years experience as a contractor in construction work: 9.8 4• - GRIFFITH COMPANY OFFICERS NAME 1Ti[E ADDRESS CITY zip David L. McOrew C3sitmen of die Board 511 Los Altos Long Beach . 90114 -="a D. Waitxe President 1853 iCcngkt Court Casts Mere 92626 Robes P. M0110 V.P./hess./C.F.O. 1t1795 Silverstar Court Riverside M06 V'memt Diu vxmist iet Manager 7721 Lauretwood Lane 1, Palms 90623 Russell S. Grigg V.P./District MaMer 605 N. 0 Rio Balcmfreld 93309 Thomas L. Foss ViMisttict Manager 314 Robinhood Lane Cosa Mesa M27 William E. Hames Seeicontrolier 9321 Oainfood Downey 96240 Wiichael L. Cherry Chief F.stinutor 121 Morristme Costa Mesa 92626 thiley Abbott Chief Estimator 2500 Renegade Ave. Bakersfield 93306 Darryl Rutledge chief FAtimator 9241 112 Park St. BeHnower 90706 A-- I. Wright Assistant Secretary 532 Sperry St. Bakersfield 93301 STATE OF CALIFORNIA ss, COUNTY OF ORANGE On this 25TH day of NOVEMBER in the year 1992 c before me. the undersigned. a Notary Public in and for said State, personatly appeared THOMAS L._FOSS _ ,• ;,:, OFRCfALMM , personally known to me : Dr'BOMHAMME- DUMMSIM11 NoseryFLbtle-CaGlomla (or proved to me on the bans of satisfactory evidence) to be The person who executed the ORANGE COUNN within instrument on behalf of the Corporation therein named, and acknowledged to me that MyCommisslonC01e2 the Corporation executed It PF pri 22.1994 WITNESS my hand and official seal 1 V 1. Notary Public in and for said State Af.KK^,vnFpG1�1FN1—Lpppralpn—wokoKs Fqm 772CA.M—Rev 587 ;?: M? wl—CO11S MC IpicsOnsa 7! NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Thomas L . Foss , being first duly sworn, deposes and says: 1. ThatheorsheisVice Pres/Dist Mgrof Griffith Company the party making the foregoing bid: 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3. - That the bid is genuine and not collusive or sham; 4. That the bidder has not directly 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 refrain from bidding; 5. 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 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; 6. That all statements contained in the bid are true; 7. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. s- THOMAS L. FOSS VICE ESIDENT GRIFF6TV . r 9. List at least six projects completed as of recent date: CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED NAME, ADDRESS & PHONE NUMBER OF OWNER See Attached Form 10. List the name of the person who inspected the site of the proposed work for your firm: 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-8 GRIFFIR11 VC-1M•'10`b1[1r r"1 "111 k-"'r MIYY STATE Of CALOORNIA-THE 29SONRCES AGENCY WE %I QQYKRQI DEPARTMENT OF WATER RESOURCES 1416 NINTH STREET, P.O. BOX 942= SACRAWNTO. CA 9423"Wl (916) 6SIS"I April 14, 1992 Griffith Company , Post Office Box 2150 Santa Fe Springs, California 90670 Fregualification Notice This will acknowledge receipt of your Contractor's -Statement. of Experience and Financial Condition. The statement has been rated in accordance with the standard procedure of the Department of Water Resources to prequplify you as.a bidder on public work under the direction of the Department, pursuant to the State Contract Act. on the basis of the financial statement and the experience shown you are prequalified as shown below. Date of Statement: December 31, 1991 Type of Work: General Construction Financial Limitation: $50,260,000.00 Expiration Date: June 30, 1993 The financial limitation shown above will be reduced by the amount of unearned money on all uncompleted work under all contracts with this Department. This letter is not a representation that you have been or will be found qualified as to experience for a particular Department contract. Experience requirements of each contract are evaluated separately for that contract. For further information, you may contact me at (916)653--4867. Sincerely, John S. rale Contract rdinator Construction Office Division of Design and Construction GRiffIni COMPOY GRIFFITH COMPANY CONSTRUCTION EXPERIENCE REFERENCES Year Completed For Whom Performed Person to Contact Telephone 1990 County of Orange, EMA Gerald Schubert (714) 834-2300 Irvine Boulevard Resident Engineer ($1,181,944.50) 1990 County of Orange, EMA Johnnie Freeman (714) 755-6526 Campus Drive Widening Project Engineer ($3,469,341.45) 1990 Foothill Ranch Company Michael Watkins (714) 586-4400 Lake Forest Drive Manager ($861,356.60) 1991 The Irvine Company Jim Lorman (714) 720-2000 OC Borrow Site Vice-President/Construction ($1,558,750.00) 1992 County of Orange, EMA Jim Johansen (714) 834-2300 Pelican Hill Road Manager of Construction ($21,332,710.75) 1992 City of Irvine Russell Thiele (714) 724-7545 Yale Avenue Principal Project Engineer ($1,500,000.00) 1992 City of Fullerton George Lin (714) 738-6845 Bastanchury Road Civil Engineer ($1,434,102.70) 1992 Mission Viejo Company Bob Sciotto (714) 837-6050 Aliso Creek Road Senior Project Manager ($388,188.22) 1992 The Irvine Company Jim Lorman (714) 720-2000 Ocean Ridge Drive Vice-President/Construction ($785,952.30) GR1FFfil: CG1�l,��Y ., DESIGNATION OF SUBCONTRACTOR In compliance with the "Subletting and Subcontracting Far Practices Act" being Section 4100- 4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work 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 (I %) 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 EXPIRE DATE coalaz P, eLIV -0-g4aitr By submission of this proposal, the Contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. we ZRIFFITH WOW GRIFFITH COMPANY RESOLUTIONS RESOLVED, That any one or more of the following officers of this Corporation: Chairman of the Board and Chief Executive Officer, President, Executive Vice President, Vice President/Treasurer and Chief Financial Officer, together with, when required, the Secretary or Assistant Secretary be and they are hereby authorized to execute and deliver in the name of this Corporation any and all bids, authorizations, contracts, notes, deeds, bonds, stocks, declarations, releases and agreements of any nature or sort whatever. FURTHER RESOLVED, That any one or more of the following officers of this Corporation: Vice President/District Manager, District Manager, Assistant District Manager, Chief Estimator, Secretary, Secretary/Controller, be and they are hereby authorized to execute and deliver in the name of and on behalf of this Corporation any and all bids, authorizations, contracts, certifications, declarations and releases, including:, bid bonds, labor and material bonds, performance bonds, and stop notice bonds., FURTHER RESOLVED, That any and all persons, firms, corporations and other entities shall be entitled to rely on the authority of any one or more of the officers above named to bind this Corporation by the execution and delivery of any of the documents or papers set forth hereinabove. FURTHER RESOLVED, That the authority granted hereby shall not be modified or revoked except by a resolution to that effect passed by the Board of Directors of this Corporation. FURTHER RESOLVED, That any and all authorization heretofore granted by this Corporation to any officers other than those above named, to perform acts in the name of and on behalf of this Corporation similar to the acts authorized above, be and they are hereby revoked, rescinded and annulled. The undersigned hereby certifies that he is the Secretary of Griffith Company, a California Corporation, and does hereby certify that the above is a full, true and correct copy of resolutions passed by the Board of Directors of GRIFFITH COMPANY at a meeting thereof held on March 2, 1992, in accordance with the by-laws of said GRIFFITH COMPANY and at said meeting there was at all times a quorum present and acting and that said resolution has not, to the date of this certificate, been in any manner amended, modified, revoked, rescinded, or annulled. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the seal of GRIFFITH COMPANY this 2nd day of March, 1992. William E. Barnes, Secretary AtVt James D. W tze President L Company Yale St. a CA 92704-3974 Office of the City Clerk City of Huntington Beach 2000 Main St. Huntington Beach CA 92648 OSAL FOR: venue Widenin RejsgtLigping Signing and i nal Modification nts at Interstate 40h-Beac�i Boulevard OJO f Ramps. BE RECEIVED BY: 3, 1992 @ 2:00 pm.