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HARDY & HARPER INC. - 1993-03-15
Q� 18W CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 31, 1993 Hardy b Harper, Inc. 630 S. Hathaway STreet Santa Ana, CA 92705" CALIFORNIA 92648 RE: Construction of Police Department Parking_Lot Expansion , PROJECT CC--869 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 VUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item crust 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 t;;arranty, then a rider or separate bond crust be submaitted. Should you have any questions or concerns regarding the enclosures or items that r:::st :e on file in this office Friar to rElaase of retention funds, please tail Don Noble, Ccntracts Administrator, 536-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Certificate of Satisfac -icn of Clair-s Ccripl i ante [Telephony: 714.536.5227 r CITY OF HUNTINGTON BEACH 10. INTER -DEPARTMENT COMMUNICATION rruvrwGrOu MACH To THOSE LISTED HEREON From Subject 10% RET EN PAYMENT Date C dH' G i r ADMINISTRATIVE SERVICES Accounting & Records 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. (�N— aQ-e�-- DA�TLLELLA Director of Finance ��J certify that no stop notices are on file on the subject Date: -I"--,v —Oyu _T l' . ract at this time. I certify that no stop notices are on file an the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY City Clerk I certify that there are no outstanding invoices on file. Date: 7xv19ia�.4/� DONALD WATSON City Treasurer 0574J CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK March 31, 1993 .Hardy & Harper, Inc. -630 S. Hathaway STreet ,.Santa Santa Ana, CA 92705" CALIFORNIA 92648 RE: Construction of Police Department Parking Lot Expansion , PROJECT CC-869 Enclosed is a copy of the executed contract with the Cite 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 Citv can release anv retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performiance 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 rn;;st be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance i Telephone: 714.536.5227 ) CLTY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION MUV71NGIONd MACH To THOSE LISTED HEREON From Subject 10% RET NTION PAYMENT Date C am- err c- ADMINISTRATIVE SERVICES Accounting & Records 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. DAN T. LLELLA Director of Finance I certify that no stop notices are on file on the subject co tract at this time. Date: LOUIS F. ANDOVAL Public Wo ks Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: 71.2D, 9 CONNIE BROCKWAY City Clerk I certify that there are no outstanding invoices on file. Date: 7 2 Y a���•�/.{ _.�`'." /� T �-�� DONALD WATSON City Treasurer 0574J ///V 61pa, zd RECORD119 QUEg 0 BY WHEN RECORDED MAIL TO: City of Huntington Beach Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION -AV458 I.3-JUL_-1 91-3 o'2%a'g PM of Orange County, California Lee A. Branchi County Recorder Page 1 of 1 Fees: $ 0.00 Tax: S v.vQ NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Hardy & Harper, Inc., 630 S. Hathaway Street, Santa Ana, California 92705 who was the company thereon for doing the following work to -wit: Construction of Police Department Parking Lot Expansion, CC-869. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: 2000 Main Street Nature of Interest: Real Property 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 Monday, June 21, 1993. That upon said contract the The American Institute of Architects was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 25th day of June, 1993. City Clerk and ex-officio C of the City Council of the ty 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 25th day of June, 1993. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. - 4�1e7� �4 City Clerk and ex-officio Cle of the City Council of the Ci of Huntington Beach, California 1154K/1488K City of Huntington Beach bepartment of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC No. 869 POLICE DEPARTMENT PARING LOT EXPANSION Project 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 le-ss-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 e?,WJ / _ Fred T. Maas, Sr., President HARDY & HARPER INC. DECLARATION OF SATISFACTION OF CLAIMS I HARDY & HARPER INC. , 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 Police Dept. Parking Lot Expansion and dated 3/31/93 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes o' the State of California: (if none, state "NONE") NONE I declare under penalty of perjury that the foregoing is true and correct. Executed at Santa Ana, Ca. on this 15th day of .lunP r 19 q . Signature of Contractor) Fred T. Maas, SR., President I have received Maintgnnnrn xnQA _ for Harris n�Fi�rpp nr �- on behalf of the Treasurer's Office. Dated By: eo� Bond No. CA131939 MAINUNANCE DO" KNOW ALL WO BY TRESS PR30WMS* That -so HARDY AND HARPER, INC. as Principal, and !Merchants Bonding Company (Mutual), a corporation organized under the laws of the State of Iowa, with principal offices at Des Moines, Iowa, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the C)bligea), in the penal sum of Thirty Six thousand seven hundred twentX two & 58/100 Dollars (: 36,722.58 ), for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WMRPXAS, the said Principal has heretofore entered into a contract with the Obligee above named for: Police Department Parking Lot Expansion; CC-869 and; WHEREm, said contract provides that the Principal shall furnish a bond which shall remain in force for a period of ONE year(s) from the date of the Pro3ect as established by the Engineer or Architect and which shall be conditioned to guarantee against all defects in workmanship and materials which shall become apparent during said period. ROM, TSMREIIME, TRZ CONDITION OF TRIS OBUCATION IS SUCH TSaT, if the Principal shall indemnify the Obligee for all loss that the obli{-,ae may sustain by reason of any defective materials or Workmanship which shell become apparent during the period of ONE years) from the date of completion of the Project as established by the Engineer or Architect, then this obligation shall be void, otherwise to remain in full force and effect. PRWIOED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety be certified mail at is Branch Office, 2425 Y. Camelback Road, Suite 800, Phoenix, A8 85016, promptly and in any event within thirty (30) days after the Obligee or his representative shall learn of such default. A: IS TO FORMA ,1 GSi �Cfl; By: Ci tY Attorney 8028 1110f90 SFINGI & IIAIt" IItS. SERY. Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual}. a corporalion duly organized under the taws of the Stale of Lowe, and having Its principal otfice in the City of Des Moines, County of Polk. State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint >>>FRA)IX W. hNAERS0N**6RA6l.FY P. t)RI)EI -DANF IIULI.E"P)'**KR WILI.AU<<< »>«< >>X<< of INDI O and State of CA Its true and lawful Attorney -in -Fact, with lull power and authority hereby conferred in ils name. place and stead, to sign, execute. acknowledge and deliver In its behalf as surety: >>>ONE MILLION DOLLARS($1,000,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and an the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Anorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual) ARTICLE 2, SECTION 8- — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attomey-in-Fact, and to authorize them to execute on behalf of the Company, and atlach the seal of the Company thereto, bonds andunderlakings, recognizances, contracts of indemnity" other wrili Vsobligstoryin the nature thereof. ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the some force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by Its Vice President and President, and its corporate seer to be hereto affixed, this 15 t. h day of October A.D-, 19 9 2 Attest: MERCHANTS BONDING COMPANY (Mutual) Q`' By ' VrC•Pr1•dIM • �-1 PrIfM1y � STATE OF IOWR •. ct : : �,`�, •• COUNTY OF POLK •. ' On this 15 t h day of October 19 92 before me appeared M•J. Long and Rodney Bliss Ill, to me personally known, who being by me duty sworn did say that they are Vrce President and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the Corporation described in the foregoing instrument. and that the Seal affixed to the said instrument is the Corporale Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Direclors- In Testimony Whereof, 1 have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. rra,•,y P•OLK- Pen Cw^,r. row• 49, Cci—wa.-o• t:.0-82 11-4.95 STATE OF IOWA COUNTY OF POLK at. 1, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby certify that VV trove and foregoing is a true and correct copy of the POWER OF ATTORNEY. executed by said M(=f j w's NDING COMPANY (Mutual), which is still in force and effect ,' �A0 [1 /�. -- =* • .1n Wilnes ereof, I have hereunto set my hand and affix a seal of the Company, at a� Ihis day of rnx-T- 1 ` `� �` r•' I0 This power of attorney expires December 31, 1995. !� unort Lava Page 2 signed, sealer[ and dated this 25th day of May , 199�. HARDY AND HARPER, INC. Principal By —r�/i'C.lf Fred T. Maas, Sr,, President MERCHMTS BONDING COMPANY MUTUAL By Ann wlr+drd Attorney -in -Pact ACRNOWLSRCMENT of SURisTY STATE OF } COUNTY OF Riverside } on this 25th _ day of May , 19_3� before awe a Notary Public in and for the said county, personally appeared Ann Willard personally known to be (or proved to me by satisfactory evidence) the personal who executed the within instrument as Attorney -in -fact of Surety therein named and acknowledged to me that the Surety executed it. -Q-4 �' a'lli "- / r',- � otary Public HEATHER R. DEGEIE COA04- +9a6172 Nalaey public-Calilonha s RrvERS+DE COUNT► p AA Comrnn.ipn Ems.+ ( Be February 28, 1997 WHEN RECORDED MAIL City of Huntington Office of the City P. 0. Box 190 Huntington Beach, TO: Beach Clerk CA 92648 NOTICE OF COMPLETION THE ORIGINAL OF THIF DOCUMENT 1,10C�tj3�•EN tNO cc il�i:7 iFtT �7taL41. LEE i s ERRA 'Ulb COUNTY i PROEOl:RCUR ORANGE CO'3 i?f REC-GRINER'I i�R, l NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Hardy & Harper, Inc., 630 S. Hathaway Street, Santa Ana, California 92705 who was the company thereon for doing the following work to -wit: Construction of Police Department Parking Lot Expansion, CC-869. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: 2000 Main Street Nature of Interest: Real Property 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 Monday, June 21, 1993. That upon said contract the The American Institute of Architects was surety for the bond given by the said company as required by law. Dated -at Huntington Beach, California, this 25th day of June, 1993:- Z�9� ��CJXA), City Clerk and ex-officio C of the City Council of the ty 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 25th day of June, 1993. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. City Clerk and ex-officio Cle of the City Council of the Ci of Huntington Beach, California 1154K/1488K I have received Performance & Payment Bonds for Hardy & Harper, Inc., Police Department Parking Lot Expansion, _CC-$b9 on behalf of the Treasurer's Office. Dated 3i By: THE AMERICAN INSTITUTE OF ARCHITECTS AJA Document A312 Performance Bond Any singular reference to Contractor. Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) - HARDY AND HARPER, INC. 630 S. Hathaway Santa Ana, Ca. 92703 OWNER (Name and address!: City of Huntington Beach Box 190 Huntington Beach, Ca. 92648 CONSTRUCTION CONTRACT Date: March 15, 1993 Amount: S36, 722.58 Description (Name and Location): Police Department Parking Lot Expansion; BOND #CA131939 Date (Not earlier than Construction Contract Date): Amount: $36, 722.58 Modifications to this Bond: SURETY (Name and Principal Place of Business): MERCHANTS BONDING COMPANY (MUTUAL) 2425 E. Carnelback #800, Phoenix, AZ. 85016 APFFG- ED AS TO FOP1d2 GA I i~ FITTON C I TY A 2iEY BY Bzputy City Attorney CC-869 March 15, 1993 None CONTRACTOR AS PRINCIPAL SURETY J See Page 3 any: C�Mi A AND :Corporate Seal) HARPER, INC. Company MERCHANTS B ING COMPANY <(Corporate Seal, (MUTUAL) Signature Narne and Tit;p; fame and Title: nn 41 i 1 lard - Attorney- n-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY -Name, Address and Telephone) AGENT or BROKER: OVVNER'S REPRESENTATIVE 1Architeet, Engineer or SFINGI 9 kANtioly other party): 17-564 Country pub Dr.,SUN$ ISO PRIM DrsM, CA 022M AIA DOCUA41KT A312 - PERFORMANCE BOND AND P4IME147 BO^+D - DECEMRER -%A E',) - A1A R TKE AJERICAN INSTITUTE Of AXCH1TFCT$. 1735 Nile TORK AVI . N w_. ►vAS111+{70N. D C 200ft A312-1984 1 I The Contractor and the Surety. jointly and severally. bind themselves, their heirs, executors, administrators. successors and assigns to the Owner for the performance of the Construction Contract. which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there Is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at Its address described in Paragraph 1p below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract- if the Owner, the Contractor and the Surety agree. the Contractor shall be allowed a reason- able time to perform the Construction Contract. but such ah agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1: and 3.3 The Owner has agreed to pay 'he Balance of the Contract Price to the Surety in accordance with the terms.of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex• pence take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner. to perform and curnplete the Construction Contract; or 4.2 Undertake to perform and compiete the Construc- tion Contract itself, through its agents or through inde- pendent contractors. or 4.3 Obtain bids or negot!ated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contact, arrange for a contract to be pre- pared for execution by the Owner and the contractor seleued with the Owner's concurrence, to be secured with performance and payment bonds executed by a qqualified surety equivalent to the bonds issue0 on the Construct4on Contract, and pay to the Owner the amount of damages as described in Paragraph b in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default: or 4.4 Waive its right to perform and complete. arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances- .t After Investigation, determine the amount for which it may be liable to the Owner and. as soon as practicable after the amount is deter• mined, tender payment therefor to the Owner. or ,2 Deny liability In whole or in part and notify the Owner citing reasons therefor. 3 if the Surety does not proceed as provided in Paragraph 4 with reasonable promptness. the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and If the Surety elects to act under Subparagraph 4.1. 4.2. or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract. and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond. but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for Correc- tion of defective work and completion of the Construc- tion Contract: 6.2 Additional legal, design professional and delay costs resultin from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4: and 6.3 Liquidated damages, or If no liquidated damages are specified in :he Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con. struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Suety hereby waives notice of any change. includ• in changes of time. to the Construction Contract or to related subcontracts, purchase orders and other obliga- lions. 9 Any proceeding, legal or equitable, under this Bond may be instituted In any court of competent jurisdiction in the Location in which the work or part of the work is located and shall be Instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond. whichever oc- curs first. if the provisions of this Paragraph are void or prohlbited by law, the minimum period of limitation avail - AEA DOCUSAINT A312 - PERFOWANCE BOND AND PATME%'T BOND - DECEMBER 19a4 ED. - AIA i 71if AMERiCAN INST[%: TE OF ARCHITECTS. 1735 NEW YORK A%4 h' w._ wAsNIyCTON. D C 20OC16 A312-19M 2 THIRD �RIVTIIiC • M►R; N 19rIT able to sureties as a defense In the jurisdiction of the suit shall be applicable. 10 Notice to the Surety. the Owner orthe Contractor shall be mailed 'or delivered to the address shown on the sig- nature page. 11 When -this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con. forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond-stiali be construed as a statutory bond and not as a common taw bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of Insurance or other claims for damages to which the Contractor is entitled. re- duced by all valid and proper payments evade to or on behalf of the Contractor under the Construction Con- tract, 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig. nature page, including all Contract Documents and changes thereto. 12.3 'Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tactor as required by the Construction Contract or to perform and complete or complywith the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTR.ACTOR AS PRINCIPAL Company: (Corporate Seal) HARDY AND HARPER, INC. Signature: �.-7 Name and Title/ Address'- 630 S. Hathaway Santa Ana, Ca. 92705 SURETY Company. (Corporate Seal) MERCHANTS BO 11� COMPANY (MUTUAL) Signature: - I �E�rt-Irl/ v v_- W 1 ]arc! - Attorney- i n-F4t t !came and title: Ann Address: 5fingi & Hannon Insurance Services 77-564 Country Club #150 Palm Desert, Ca. 92260 AJA DOCUAUPO A312 - PERFORMANCE DORM AND PAYMENT eoND - oiamsER t95e ED_ • AiA s THE AMtxicAiv INSTITUTE OF ARCHITECTS. 1nS NEW YORK AVE., N-W-, WASrtiwCTON. D-C- 200% A312-1I954 3 S THE AMERICAN INSTITUTE OF ARCHITECTS " AIA Document A312 Payment Bond Any Singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): HARDY AND HARPER, INC. 630 S. Hathaway Santa Ana, Ca. 92705 OWNER (Name and Address): City.of Huntington Beach Box 190 Huntington Beach, Ca, 92648 CONSTRUCTION CONTRACT Date: March 15, 1993 Amount: S36,722.58 Description (Name and Location): Police Department Parking Lot Expansion; BOND 'CA131939 Date (Not earlier than Construction Contract Date) Amount: $36, 722.58 Modifications to this Bond: SURETY (Name and Principal Place of Business): MERCHANTS BONDING COMPANY (MUTUAL) 2425 E. Camelback #800 Phoenix, AZ. 85016 CC-869 March 15, 1993 T None AS TO FOPXJ City Attorney ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corpor to Seal) Hardv and Har er, Inc. Merchants B ndi Company h1vtual� Signature: �✓� �u'' Signature: Narne and Title: Name and Title. -"Ann Willard - Attorney -in -Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY Narne, address and Telephone) AGEWJI G Itkti�4N OWNER'S REPRESENTATIVE (Architect, Engineer Of bbFF IY tCttAIU other parry), 77-564 Country Club Dr. ISM ISO Pike Desert, CA 92260 A!A DOCUMENT A712 • 1'ER1OR4ANCE DOND AND PAYMENT 60yD - DECE.MBER 1964 ID. • ALA a THE AMIRICA14 INSTrTLM Of ARCHRECrS, IM NEW YORK AVE„ V.W., WASHINGTON. D.C- 2Li m A 12.11964 4 TNIan PRINTING 0 MAlCM 1997 - 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner to pay for labor. materials and equipment furnished for use in the perfor- mance of the Construction Contract. which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly. for all surds due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims. demands, liens or suits by any person or entity whose claim, demand, hen or suit is for the payment for labor, materials or equipment fur- nished for us* in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims. demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default_ 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described ir1 Paragraph 12) and sent a copy, or notice thereof. to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy. the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantiai accuracy, the amount of the claim and the dame of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communicatlon from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly: and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described In paragraph 12) and sent a copy, or notice thereof. to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a'nouce required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance- 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions 6.1 Send an answer to the Claimant, with a copy to the Owner. within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed 61 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims. if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond. they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Suety under this 9ond, subject to the Owner's prior- ity to use the funds for the completion of the work 9 The Surety shall not be liable to the Owner. Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli� gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond 147he Surety hereby waives notice of any change. including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4_1 or Clause a 2 3, or (2) on which the last labor or service was performed by anyone or the last mate riais or equipment were furnished by anyone under the Corr struction Contract whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety. the O, -ner or the Contractor shall be mailed or delivered to the address shown on the signature page Actual receipt of notice by Surety, the Owner or the Contractor_ however accomplished. shall be sufficient compliance as of the date received at the address shown on the signature page 13 when this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond confllcting with said statutory or Itgal requirement shall be deemed deleted herefrom and provisions Con- forming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this AEA DOCUMIXT A313 • PE RFOR&kANCt BOND AND PAV.-ALNT ao+D - DECEMBER 1964 ED - AIAd, THE AmERICAN INSTITUTE OF ARCHIT(CTS. 1735 NEW VORK AVt V W_ WASHINCTON. DC XM6 A312-1984 S ♦uun Dv,T,►,r 6 mi orN 14A7 Bond shall be construed as a statutory bond and not as it common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 1S.1 ' Claimant: An Individual or entity having a direct contract with the Corttractor orwM a subcontractor of the Contractor to furnish labor, materials or equip. ment for use in the performance of the Contract. The intent of this Bond shall be to Include without limita- tion In the terms "labor, materials or equipment" that pan of water, pas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract. architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted In the Jurisdiction where the labor, materials or equipment Were furnished. IS.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.5 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as'regvired by the Construction Contract or to perform and complete or comply with the other terms thereof. (Spate is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURM Company: (Corporate Seal) Company: {Corporate Seal, }lardy and Harper, Inc, Signature: ` Z_ Nance and T"ive: - Address: 630 S. Hathaway Santa Ana, Ca. 92705 merchants Yo�ing Company .(Mutua)) Signature: NarrretndTlee: ar - ttorney- in -Fact Address: Sf i ng i & Hannon Insurance Services 77-564 Country Club #150 Palm Desert, Ca. 92260 Ata DOCUMtIMT AM - PERFORMANCE BOND AND PAYMENT M MD • DECEMBER 1964 ED. - AIA e THE AMERICAN INSIDTLM OF ARCMrTECr$. 17M NEW YORK AYE.. N w.. WASHINCTON. D-C. ]6M A�i�•�i� Tw11113 PRIMTINC 0 "ARC}I 19a7 STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) On :5 - 9 1993, before me, Notary Public in and for said County and State, personally appeared: b proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that iWshe/they executed the same in his/her/their authorized capacities, and that by his/her/their signature on the instrument, the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary CAPACITY CLAIMED BY SIGNER: Individual Corporate ---------------------------------- Officer(s) ---------------------------------- Partncr(s) ---------------------------------- Attorney- i n- Fact Trustee Subscribing Witness Conservator of Estate of Other THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other Than Named Above: VAN G. TANNER NOTARY PJa)C-WIYOFW FRIA PAL GFFrt Y) WERME mum h4 Ear..+ As 27 ,143 802E 1/1-190 SFINGI & IIANNON INS. SERU. Mel dic,Anto Bondi11g COn <pany (Mutual) POWER OF ATTORNEY Know All Men By .:nasci Pr(•Senis. •.hat Ire MIERCH:- .' S BON 'dr, is "IMPANY (J.41.11u3lf a corporiiA(11' '..purr Ih,• .l: ih,- iAtU of Iowa, aril t1A :'.f i(� _ ijh:. , i:rir •. - i•� !;• :�i. t.i, •1:1:', r.p;1'• of 11C& C;;i!e :r y.'. .•r{i.ln ryp,• l�•; ...r, ,;'.n .,)Ir I ;Ind does by ih;sr::ir. .r• ,;.- ,..n .i•1 �� . ?", >>>FRANK W. ANDERSON**BRADLEY P. URUENL**DANA IIULLM**ANN WILLARD<<< »>«< »>«< of INDIO and State of CA its true and lawful Attorney-m-Fact. with full power and authority hereby conferred in its name glace and shad. to S-en execute. acknowledge and deliver ,n its behalf 1, su'efy >>>ONE MILLION DOLLARS($1,000,000.00)<<< and to bind the MERCHANTS BONDING COMPA14Y (I'Autual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual). and all -the acts of said Attorney. pursuant to the authority herein given. are hereby ratified and confirmed This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual) ARTICLE 2. SECTION 6A — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact. and to authorize them to execute on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings. recognizances contracts of indemnity and other writings obligatory in the nature thereof ARTICLE 2. SECTION 6B — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution ,and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company. and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and Executive Vice President. and its corporate seal to be hereto affixed this 20th day of July AD.. 19 92 Attest, MERCHANTS BONDING COMPANY (Mutual) By4 •?`� • �' 1933 ' 3 Vice VreS,Cenr •�Ecurrve Vice Pres:a`r�*y ; STATE OF IOWA ••6',; •. .a •• COUNTY OF POLK ss •. W �1.• On this 20th day of July 1992 before me appeared M.J. Long and Rodney Bliss III, to me personally known• who being by me duty sworn did say that they are Vice President and Executive Vice President respectively of the MERCHANTS BONDING COMPANY (Mutual)• the corporation described in the foregoing instrument. and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors In Testimony Whereof. I have hereunto set my hand and affixed my Officia' Seal at the City of Des Moines. Iowa the day and year first above written •a� G 9R(/t •••• vm •� • IOWA • O P STATE OF IOWA ••• �q R AL S�' •.' COUNTY OF POLK •••••••••••••• 1. M J Long, Vice President of the MERCHANTS BOND114G COMPANY (Mutual) foregoing is a true and correct copy of the POWER OF ATTORNEY executed COMPANY (Mutual). which is still in force and effect In Wtnes�hereof, I have ereunto t my hand and attixedthe seal of the Company at this 11 R d?•; of 190 -3 do hereby certify th ipl.the above and by said MEBe "T�efQ1DING moo. oAPOgq.gy. C� A*. 4 • h • 2 rn+ o C3: y 1 This power of attorney expires—CONTIN.UQUS_— mB7v �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 25, 1993 Lee A. Branch County Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, Post Office Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, .•��7L1'lL� Connie Brockway City Clerk CB: cc Enclosure -- Hardy & Harper, Inc., CC-869 1556K/1557K I TNephon e: 714-536-5227 ) +WEN RECORDED MAIL TO.' -- - - - �wCity of Huntington Beach Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 PL NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of' Huntington Beach, California to Hardy & Harper, Inc., 630 S. Hathaway Street, Santa Ana, California 92705 who was the company thereon for doing the following work to -wit: Construction of Police Department Parking Lot Expansion, CC--869. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: 2000 Main Street Nature of Interest: Real Property 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 Monday, June 21, 1993. That upon said contract the The American Institute of Architects was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 25th day of June, 1993. City Clerk and ex-officio C of the City Council of the ty 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 penury, 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 25th day of June, 1993. This document is solely for the official business of the City of Huntington Beach. as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. City Clerk and ex-officio Cle of the City Council of the C' of Huntington Beach, California 1154K/1488K !r " REQUEST FOR CITY COUNCIL ACTION r� Date June 21, 1993 Submitted to: Honorable City and Mayor y y Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrato - �-� 19� Prepared by: Ronald E. Lowenberg, Chief of Police Subject: Plouis F. Sandoval, Director of Public Works Et cL xx POLICE DEPARTMENT PARKING LOT EXPANSION; CC-869 Consistent with Council Policy? [ }xyes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: �rv� STATEMENT OF SUE: Hardy & Harper, Inc., has completed the Police Department Parking Lot Expansion Project. RECOMMENDED ACTION: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion for the Police Department Parking Lot Expansion Project; CC-869 and, 2. Authorize a transfer of $2,231.78 from the Police Department Narcotics Forfeiture Account to the project account to cover final contract costs. ANALYSES: On March 15, 1993, the City Council awarded a construction contract to Hardy & Harper, Inc., for the Police Department Parking Lot Expansion Project. The Public Works Department requests an additional $2,231.78 in contract costs to cover an increase in final contract quantities. These increases were in the excavation and backfill bid items. The winter rains saturated the ground and required the area to be overexcavated in order to provide proper pavement stability. The construction of these improvements is 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 the final contract costs: Contract Amount Construction Change Orders Supplemental Expenses Total Council Approved $36,772.58 3,677.26 1,550.16 $42,000.00 Actual Expenditures $42,791.78 0 1,440.0 $44,231.78 E - -7 7 P10 5185 RCA: CC-869 June 21, 1993 Page two FUNDING SOURCE: E-CP-PD-321-6-35-00 $35,042.00 E-SN-PD-320-6--35-00 9.19%,78 Total $44,231.78 ALTERNATIVE ACTION: None ATTACHMENTS• None MTU:REL:LFS:ERC:gd 3423g/1 &2 �REQUEST FOR CITY COUNCIL ACTION Date March 15, 1993 313 r_+r.211111 Submitted to: Honorable Mayor and City Council =. Y Y APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrator Prepared by: onald E. Lowenberg, Chief of Police 11ouis F. Sandoval, Director of Public Works Subject: E�r� CLeRY POLICE DEPARTMENT PARKING LOT EXPANSION; CC-869 Consistent with Council Policy? [ kyes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Qxj 11EM:4Z lM 1K61 & On February 1, 1993, the City Council authorized a call for bids on the Police Department Parking Lot Expansion Project. �ifi „� f a � KTI Cam I. Accept the low bid and award a contract to Hardy & Harper, Incorporated, 630 South Hathaway Street, Santa Ana, CA 92705; and 2. Authorize the Director of Public Works to expend a total of $42,000, which includes the contract cost of $36,772.58, estimated construction Change Orders of $3,677.26, and anticipated supplemental expenditures of $1,550.16 for the Police Department Parking Lot Expansion Project; CC-869. ANALYSIS: This project will expand an existing parking lot at City Hall. The lot is located south of the Police Building, adjacent to Main Street. A total of 26 additional parking stalls will be provided with this project. Staff estimated the project cost at $42,000. Bids were received on February 25, 1993, and are listed below in dollar amount: Contractor Bid Amount 1. Hardy & Harper, Inc. $36,772.58 2. Moreno Asphalt & Seal Coat 40,4I3.45 3. Cal Pave 40,843.75 1. E. A. Mendoza Contracting 4I,733.50 �. Sully -Miller 45,273.15 i. Terra Pave 45,971.00 '. Haitbrink Asphalt Paving 46,383.45 S. Damon Construction 46,857.00 9. Century Paving 48,751.26 10. Nobest, Inc. 49,000.00 11. Civil Work Corp. 49,093.00 12. Wakeham-Baker 49,349.00 13. Excel Paving 49,S 17.50 14. E. C. Construction 54,672.40 POO 5/85 RCA: CC-869 Police Department Parking Lot Expansion March 15, 1993 Page two Contract Amount $36,772.58 Project Change Orders 3,677.26 Project Supplementals 1 M0.16 Total $42,000.00 $35,042.00 is available in the Police Department Capital Improvement Fund E-CP-PD-321-6-35-00 with the balance of $6,958.00 in Account No. E-SN-PD-320-6-35-00. Reject all bids and forego construction at this time. A N : Vicinity Map MTU:LFS:ERC:gd 3398g/7&8 i Y LCMILy IYJUF J *� Police Station Parking Lot Expansion I CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HARDY & HARPER, INC. FOR THE POLICE DEPARTMENT PARKING LOT EXPANSION (CC 869) THIS AGREEMENT is made and entered into on this 31st day of March , 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and HARDY & HARPER, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the the Police Department parking lot expansion (CC 869) 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 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 491:3/93 1 i 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 CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named 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. 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: 491:3/93 E O 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 Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California 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. 491:3/93 3 I 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 CITY 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 not to exceed Thirty Six Thousand Seven Hundred Seventy Two Dollars and 58/100 ($36,772.58), as set forth in the Contract Documents, to be paid as provided in this Agreement. 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 twenty (20) consecutive working days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement. 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 necessary and incidental to the 491:3/93 4 1L prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. 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 CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be 491:3/93 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. fAIMEM91116-INK", l61MBE No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. : :• CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural 491:3/93 6 facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tag, 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 days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate 491:3/93 7 a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date 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 by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time 491:3/93 8 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 (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; 491:3/93 9 (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. 12ROGRESS_PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each 491:3/93 10 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 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 SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of 491:3/93 11 securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement. 16. AFFIDAVITS OF SATISFACTION_OF C3,AIMS 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 CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent 491:3/93 12 negligence, sole negligence, or the sole willful misconduct of 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. Pursuant to the Cal-ifor-nia Ls2bor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with all such laws and 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 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 491:3/93 13 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: ADDITI NAL 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 required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently 491:3/93 14 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 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. DEVWLT_ AND TEWINATION 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 to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. 491:3/93 15 Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISP05ITIONOF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 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. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26. $TOP NOTICES: RECOVERY OF ADDMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said 491:3/93 16 obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one -hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. I MMT DRAT IQI 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 All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29. 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. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of 491:3/93 17 services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY 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. HARDY & HARPER, INC. B�Cr•6� Fred T. Maas, Sr., President By: Fred T. Maas, Jr., Secretary ATT T: City Clerk CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor APPROVED„AS TO FORM: ,,e'40' City Attorney s 3-�3 3 - IN TIATED AN APPROVED: Director of Public Works 491:3/93 18 (�Cr 6.4.4Q%WRY CLUB DR. #150, PALM OE T,,C II,V2 O SMyI & Hannon kmmance 77-564 Country Club Odd Suite 150 Palm Dessit CA 92260- PMRED Hardy and Harper. Inc. P. O. Box ISM Santa Ana CA 92705- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONE, ---IS NGAIGNTS-UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE LETTERCOMPANY A C N A C40WAW I3 LETTER COMPANY C LETTER COLVANY D LETTER COLVAHY E LETTER THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPFCT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCE_ D BY PAID CLAIMS. CO POLTYPE OF r1SURANCE POLICY NUMBER DATE ETECTIVE POLICV EXPIRATION LIMITS GATE R-VDD." DATE fMu'DD:'�'Y) A GENERAL LIABLTTY 3 00928198 07101/92 07/01/93 GENERAL AGGREGATE s A X COMMERCM GENERAL LIABILITY PRODVCTS-COW)OP AGG s QAIMR MADE X OCCUR PERSONAL 6 ADV µWY s A X OWNERS d CDHTP.ACTOF'S PROT. EACH OCCURRFNCF. s A AUTOYOBLE LIABL►TY X ANY AUTO ALL OWNED AUTDS X SCHCOLILED AUTOS X HIRED AUTOS X HOH-OWNED AUTOS GARAGE LIABILITY EXCESS LIAKffY A UMBRELLA FORA OTHER THAN UMBRELLA FORM WORKER'S COMPENSA7TDN AD EMKOYERS" LIABLTTY OTHER A ALL RISK EQUIP.FLOATER ON LEASED & RENTED EQUIP FIRE DAMAGE IArry o,.e bny s MED EXPENSE (Any one person s 1 009281" 07101192 07/01/93 COMBINED S;NGLE APFROVED AS TO FOR" LriR s CA 1 L 1-RIT 011 BODILY IIU11;tY S CTj". !L [Par pafw +; R BODY rULIRr s [Pei accOont) UeriA7 City Attorney PROPEHIY DAMAGE s 90 0929m 07/01/92 07/01/93 EACH OCCURR Nc[ $ ACYGREGATF S STATUTORY 1.741I1S PWC 1046501 07/01/92 07/01/93 EACH A�'CID[Nf s DISEASE. aOL!CY LA1IT S DLSFASF EACH EMPLOYEE s 3 0092 8198 DESCAWITCHFOPERATONSA.00ATTOHSNEH CLESISPECM REMS _operations Certificate holder Is added as an additional Insured per the terms of the Blanket Additional Insured endorsement GL 474 attached to the policy Coverage applies at all operations. 07/01/92 07/01/93 2000000 1000000 1000000 1000000 5000 10ODDOO 1000000 1DD00D0 100000 CEH'TMATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntkvon Beach EXPIRATION DATE THEREOF. 1HE ISSUING COMPANY WILL aNe� 2000 Main Street MAIL so DAYS WRITTEN NOTICE TO THE CERTIFICATE F-0L1]tR NAMED TO T•1E Huntington Beech CA 92648- LEFT, ACORD 25-S 0ACOR0 CORPORATION 1990 SFINGl & HANNON INSURANCE SERVICES • 77-564 COUNTRY CLUB DR. #150. PALM DESERT. CA 92260 r - March 9, 1993 Hardy and Harper Inc RE: 3 0092 8198 Package - C Effective: 07-01-92 to 07-01-93 GENERAL LIABILITY COVERAGE ADDITIONAL INSURED ENDORSEMENT If you are required to add another person or organization as an additional insured on this policy under a written contract or agreement currently in effect or becoming effective during the term of the policy and a Certificate of Insurance listing that person or organization as an additional insured has been issued, then who is an insured (section II) is amended to include as an insured that person or organization (called "additional insured".) The insurance for that additional insured is limited as follows: 1 - That person or organization is only an additional insured for its liability arising out of premises you own, rent, lease, or occupy, or for -"your work" for or on behalf of the additional insured; and 2 - The limits of liability for the additional insured are those specified in the written contract or agreement, or in this policy, whichever is less. These limits are inclusive of and are not in addition to the limits of insurance shown in the declarations; and 3 - All other terms and conditions of this policy remain unchanged. Additional insured:- City of Huntington Beach 2000 Main Street Huntington Beach, Ca. 92648 GL474 APPROVED AS TO EOFIJ2 F Attorney AIL T' s :TY I ;y: �r D^-- }orneZ (619) 360-4700 / FAX (619) 360-4799 RECEIVED CITY ^LEEK CITY OF HUNTIHIM. ' Ci f C'f, i.ACIF. FEB 2S 2 oo Pli '93 •3Il`P:�,Ha�C �kp19N11NiIH 03,03311 RECEIVED CITY ;LERK crry'IF HUNTIMM"i rH, CALIF. FEB z5 z oo Pll '93 �d To Sl 3e �zlry ,J 43?� AW STATE OF CAUFORNIA 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. 1 am a principal clerk of the HUNTINGTON 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: February 4, 11, 18, 1993 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on , February 18 ' 199 3.. at Costa sa, California. Sign PUBLIC NOTICE — + The AGENCY will deduct a 10% retention from all SECTION A progress payments. The NOTICE INVITING contractor may substitute SEALED BIDS FOR an escrow holder surety of THE POLICE equal value to the retention in accordance with the pro - DEPARTMENT visions of the California PARKING LOT Government Code, Section EXPANSION CASH 4590. The Contractor shall CONTRACT NO.869 be beneficial owner of the IN THE CITY OF surety and shall receive HUNTINGTON BEACH any interest thereon. PUBLIC NOTICE IS No bid shall be consid- HEREBY GIVEN that the ered unless it is prepared on the approved Proposal CITY OF HUNTINGTON BEACH, as AGENCY, In- forms in conformance with vites sealed bids for the the Instructions to Bidders. above -stated project and The bid must be ac- companied by a certified will receive such bids in the office of the City Clerk, check, cashier's check, or Second Floor, 2000 Main bidder's bond made pay - able to the AGENCY for an Street, Huntington Beach, California 92648, up to the amount no less than 10% hour of 2:00 on February of the amount bid. The successful bidder 25, 1993. Bids will be pub licly open in the Council shall licensed In ao- Chambers unless other- cordane with provisions of c to the Business and Profes wise posted. Copies of the Plans, sions Code and shall pos- Specifications, and con- sess a State Contractor's thClass the time tract documents are avail- able from the Office of the this is contract Iss awarded. Director of Public Works, The successful Contractor and his subcontractors will 2000 Main Street, Hunting- ton Beach, CA 92648, upon be required to possess business licenses from the payment of a $15.00 nonre- AGENCY. fundable fee U' picked up, AGENCY reserves the or payment of a $20.00 nonrefundable fee if rightThe to reject any or all mailed. bids bids, to waive any vregular- Any contract entered Into ity and to take all bids under advisement for a Pursuant to this notice will maximum period of 60 incorporate the provisions of the State Labor Code. days. ORDER of the CITY Pursuant to the provisions COUNCIL UNCIL the CITY OF of the Labor Code of the HUNTINGTON BEACH, State of California, the min- the 1st day imum prevailing rate of per o f FEB UAR of EBRARY 1993. diem wages for each craft, classification or type of Attest: Connie Brock - workman needed to ex- way, CITY CLERK OF ecute the contract shall be THE CITY OF HUN- those determined by the TINGTON BEACH Director of Industrial Rela- Published Huntington tions of the State of Califor- Beach -Fountain Valley In- nia, which are on file at the Office of the Director of dependent February 4, 11, Public Works, 2000 Main 18, 1993. Street, Huntington Beach, 021910 CA 92648. PROOF OF PUBLICATION SECTION A NOTICE INVITING SEALED BIDS for the POLICE DEPARTMENT PARKING LOT EXPANSION CASH CONTRACT No. 869 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids it the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 on February 25,1993. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $20.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIIL, of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 1 st day of FEBRUARY 1993 Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGT N BEACH A-2 0 FROM THE DEW OF FRIG CHARLONNE EXT. 5430 T02 LX DATES 0 FOR YOUR INFO ❑ NOTE AND RETURN ❑ PLEASE HANDLE ❑ NOTE AND CIRCULATE ❑ PLEASE SM ME ❑ FOR YOUR RE/I13^1 } ❑ INITIAL AND RE nM ❑ REGUEST ANSHR ❑ PER YOUR R GMST 0 OTHM 7i - � SECTION A NOTICE i Wnn NG SEALED BIDS for the POLICE DEPARTMENT PARKING LOT EXPANSION CASH CONTRACT No. 869 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 on February 25,1993. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $20.00 nonrefundable fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington -Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor snail be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 1 st day of FEBRUARY 1993 Attest: Connie Brockway CITY CLEVKF THE CITY OF HUNTINGTON A A-2 0• REQUEST FOR CITY COUNCIL ACTION February 1, 1993 Date Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Ronald E. Lowenberg, Chief of Police APPROVED BY CITY COUNF r �j.'.ouis F. Sandoval, Director of Public War Subject: -/� I9�3 POLICE STATION PARKING LOT EXPANSION; CC-869 - CMY CLER Consistent with Council Policy? [ Yes [ }New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: �A,41d STAIEDE VT OF MSUE: Plans and Specifications for the expansion of the City Hall Police Department Parking Lot have been completed. We are requesting authorization to call for bids. RECQMMENPED gSTION: 1. Approve the Plans and Specifications and authorize the Director of Public Works to solicit bids for construction of the Police Station Parking Lot Expansion - CC-869, and 2. Approve the attached sample contract, subject to award of the construction to the lowest responsive bidder. ANALYSIS - The Police Department parking requirements at City Hall have increased. This project will expand an existing parking lot at City Hall. The lot is located south of the Police Building, adjacent to Main Street. A total of twenty-five additional parking stalls will be provided with this project. The engineer's estimate of the construction cost, including 10% contingency, is $46,000. FUNDING SOURCE: Police Department Capital Improvement Fund E-CP-PD-321-6-35-00. ALTERNATIVE A!QTI0 : Deny approval of construction. ATTACHMENTS: I. Vicinity Map 2. Sample Contract MTU: LFS:ERC:gd 3365g/17 l P10 5/85 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH FOR THE POLICE DEPARTMENT PARKING LOT EXPANSION (CC 869) THIS AGREEMENT is made and entered into on this day of , 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the the Police Department parking lot expansion (CC 869) 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: T:4wl - • • ' • 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 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 491:1/93 SAMPLE 1 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 CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on -the basis of the units of work as it is actually performed, in accordance with the -.stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONPITIONrZ OF _WORK; PLANS_ AMID PECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and'that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon - any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: 491:1/93 SAMPLE 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 any revisions, amendments or addenda thereto; D. The 1991 edition of standard Specifications tot Public works _Constrvctio-n, 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. 491:1/93 SAMPLE 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. CITY 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 not to exceed ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 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 ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement. 5. TIME OE THE MENCE 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 491:1/93 SAMPLE 4 prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. 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 CITY shall not pay any -extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to -the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be 491:1/93 SAMPLE 5 negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR'S faithful performance of the work;. one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. W N I The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural 491:1/93 SAMPLE 6 facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. • � IMOAKeiel 0'.: ti• . It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 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 Dollars ($ )_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 991:1/93 SAMPLE 7 by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and, without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date 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 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 491:1/93 SAMPLE 8 CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions..at._the job site, of an unusual nature, differing materially 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; 491:1/93 SAMPLE 9 (2) Time —Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid' schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROQRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each 491:1/93 SAMPLE 10 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 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 SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of 491:1/93 SAMPLE 11 securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions 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 CITY under or arising out of this Agreement. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent 991:1/93 SAMPLE 12 negligence, sole negligence, or the sole willful misconduct of 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. WQRKERS' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with all such laws and 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 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 491:1/93 SAMPLE 13 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 required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently 491:1/93 SAMPLE 14 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 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 to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within te.n (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. 491:1/93 SAMPLE 15 Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 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 CITY 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. CITY EMPLOYEES AND_OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to withhold, or any similar legal document. Said 491:1/93 SAMPLE 16 obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one -hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY 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. § 1329a regarding employment verification. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made,_,at the place of business of such party, or to any other place designated in writing by such party. 29. 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. LEGAL SERVICES SUBCONTRACT ING__PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of 991:1/93 SAMPLE 17 services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. N�gEMY 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. By: (Signature) Name (type or print) Title (type or print) By: (Signature) Name (type or print) Title (type or print) ATTEST: City Clerk 5OrMu _ ..I VC CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor APPROVED AS TO FORM: City Attorneyb.-'Z� ►--1�-°�� ��l1;5> A INIT ATED AND A Director bf Public Works t AMENDMENTS CIRCULATION PLAN OF ARTERIAL STREETS AND HIGHWAYS +, +•� 3�* •**• - ADOPTED BY CJTY COUNCL e u1 .. 3 0 ,re�� Sif- t �� I �l RESOLUTION NO 4368 - DEC 12.1976 ,Ni .-.... .M. 1 "•• "•• .,« 6"1 LEGEND FREEWAY STREET CAPAQTY j MAJOR 4aOOO ..aos1 I I r` 1 ` PRIMARY 3Q000 .su. I 1' _ _ E ---- SECONDARY 20.000 I NOTE ra• I I �� .n ' SOLID LINES M-noCK-E EX-SUK R,lIT Of WIT \ WT NECESSe.t.r u_71MATE Riff Q! MAT I -{I DASHED L,N[S W�CIf[ AREAS WHERE NOCHI CH Nl CN w1r C[1$TS Project Location CITY OF HUNTINGTON BEACH ORANGE COUNTY CALIFORNIA I R f Y I ff .v • r Vicinity Map y� Police Station Parking Lot Expansion 7/7 REQUEST FOR CITY COUNCIL ACTION OF C�,7;, Date Submitted to: HONORAB:-E MAYOR AND MEMBERS OF C]TY COUNCIL '92 JUL —B '40 Submitted by: MICHAEL T. UBERUAGA, City Admi ni strator�iP✓ AYYHOYED Prepared by: RONAr-D r . LOWENBERG, Chief of Police ill' CITY COUNCIL Subject. EXPANSION OF POLICE PARKING LOT b lv�r-i i c17�CLV_K Consistent with Council Policy? ( j Yes ( Nevv Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE The police building and parking area are nearing 20 years of use. During that period, It -he police fleet has outgrown the existing parking area. Additiona iv, the construction of the residences at the south end of the Civic Center has caused security problems for police vehicles due to gate and fencing realignments. RECOMMENDATION 1. Approve the expansion of the police parking lot, which will add 26 parking spaces on the west side of the existing lot with no loss of existing trees, per attached drawing. 2. Approve appropriation of $48,527 from the fund balance, Capital improvements Project Fund. ANALYSIS For the last several years, to obtain sufficient parking for police vehicles, the police department has taken spots- in the upper parking lot that used to be available for the general public. When construction began on the residential area on the south side of the Civic Center, the police security gate was removed and never replaced. The security fence was re -configured, and there has been no security for police vehicles for several years. The approval of this project will add 26 parking spaces and allow us to secure the lower ;ot. A meeting with a representative of the residents south of the Civic Center has resulted in a plan that is acceptable to all parties, does not require any tree removal, and meets the conditions set cut in the Planning Commission's approval of this project. See attached map for details. FUNDING SOURCE Fund balance, Capital Improvements Project Funds. ALTERNATIVE ACTIONS Deny the request. The result would be a continuing lack of security and lack of space for police vehicles and public parking. ATTACHMENTS I. Cost breakdown. rVI L'� _ 10 rS 'D r3 -+ , i r _ y f. RECEIVED BY:�G/���f/�fiYlt� T easurer's Office at •'DA7 Thursday, February 25, 1993 2 p.m. I;�GINEER'S ESTIMNTE: 40K PROJECT ENGINEER: Eric Charlonne JOB XIJD CC NUMER: POLICE DEPARTINIDIT PARKING LOT SM- TION Civic Center/South; CC-869 Bidder's Name Total Bid mount 1. Cal Pave Q 7 2. Century Paving7 3. Civil Work Coloration 00 4. Damon Construction 0 S. E. C. Construction ,r 7 6. Excel Paving 7. Hardy and Harper, Incorporated 8. Los Angeles Engineering 9. E. A. Mendoza Contracting 4 10. Mission Paving and Sealin 11. Moreno Asphalt and Seal Coat yQ 12. No Best Incorporated qeX,00 13. Sully -Miller Al 5 ag�,1-5 14. Terra Pave ; 1S. Wakeham-Baker , 1/1 1-;- _. AMWEST SURETY INSURANCE COMPANY Know a'! -)en by toga presents BOND ,NO.. 007003327 QREMIuu PUBLIC WORKS BID BOND 7r-v RMC Construction, Inc., DBA: Cal Pare sus _ � _ fhorerrtOer cal-sd Pnnc;tpa: , as PrmcjCa'. anc iI►MWEIT st1RETY INSURANCE COIrZPANV, a :orporal.or ['tenelr+a".r. "Loc SL;te'y;. organfl$d anC exist:rg uncle, trtb laws of no State of Cali!omia arc &69nwized to transw% a genera: su^e.y bulkrwis ,r t�s Slate 0' l California as Uraty, are haid and f:rm►y bound ur,*c } _ City Of Huntington Beach,,, f r ' (herewwft ce!Aed Ob"e) In Irk pens, sum of . jQ _ pMae�f (1D %) 1* amount, W M no word to •xaeed I Four Thousand Five Hundred & Noll nnn__ 0dilers (s 4.500.09 - Ier the paymari of VIV►W+ trta rfiraow and the sooty btnd tt'kfrtaetvre. tlklr P*". s>tleoMM. adrfnrrsblOW . 66CCeMofe Wd &ftg^s. p vy am scans 00y. fi"* by tttMa pie"i s. THE CONOMKA OF THIS OSLIGArION iS SUCH. 741, whereas the prff+dpa` Ras sub►tytAd a is about to submit s proposal to the 0"" on a con3ratt for Police Department Parking Lot Exoansjon •, _ _ Huntington Beach, CA. NOW THEREFORE, 0 tM cort7act to awarOW to ma arl!�cjpa! are "+s Pr-ncipei mss withir suer. OM* as may ba 90*61ietl. er!eraC .r'0 the Cortrac, In wnt ng, and pfovioeC a bof�C. wKh eu.Wy aCCeD:able t0 the ObIV" t0► The tartt-oul peftgtmwve of me Contract; Or tf*s Pr-mctpal arts, tall to Cc ic. pay tc tr►e Obtpee t4 atfferenu not to exceed tote Wn y ftareof t�etweer tits amount specK.etx ,r tte tlld and such ,argsr arnoum for wlipok r.s Oblrgee may Ir gWC faith oontract vrltm anattW pvty to Worm the work Covered oy the bt0, tier, MIS QOi'igelt;0r+ shall be vvd— 00**rwraa to ►smarr, i4 00 tcroo aria enoc- S:GNE�, SEALED AND DATct7 THIS 25th DAY OF February tg 93 _MCA C-903=tior,, 7nt• • ram, p.. . l.�rM�ar Re By Zice T I Comp"y K Teene Awr++.7-n a+cv BOND NUMBER POWER NUMBER N; C T VALID F CR BONDS 007003327 0 0 0 2 0 2 4 6 0 —76 E XEC� UTED ON OR AFTE 1-11-94 low This document is printed on multi -colored security paper with black and red ink, with border in blue ink and bears the raised seal of Amwea Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of Califon-da. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other Form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: MICHAEL K. Fi=ENEY AS A.. N0 JYEE OF TOM FEc'IEY itrStl>XA�� E OSANTpp 1? SA, CA its true anc�lawtul Attorney -in -Fact, with limited power and autorityfor and on behal of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: bid Jonds uD to and to bind the Company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. CERTIFICATE 1, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. Santa Rosa 25th February 93 signed and sealed at this day of 19 "-,iC, - 7C) Karen G. Cohen, Secretary L A• AA 4AAytAAAAAAAre.hW..egArern�oynA•dvai a=a-'M1h9l.e"h �Y•E`•S.'rv-4-'-k�F'Y •^r ��s�:t���-�.:�^��.......•...•,...�.�.. Resolutions of the Board of Directors .�..•.•.•.�.•...w....� This Power of Attorney is signed : _aled by facsimile under and by the authorit he following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duiy- held on Dect,nber 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents Nvith authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suret)ship obligations of all kinds; and said officers may remove any such attorney -in - fact or agent and revoke any power of attorney- previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recogni=ante, or suretyship obligation shall be valid and binding upon the Company: (i.) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Am -vest Surety Insurance Company has caused these presents to -be signed by its proper officers, and its corporate seal to be hereunto affixed this 1st day of December, 1990. J2: �RPOR,q CjMAY r ro o% 797y FOV �. �- STATE OF CALIFORNIA, COUNTY OF LOS ANGELES John E. Say age, resident Karen G Cohen, Secretary On this 1st day of December, 1990, personally came before me John E. Savage and Karen G. Cohen, to me known to be the individuals and officers of Amwest Surety Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. OFFICIAL SEAL : "'�� ANA B. ZAMUDIO-SOUS Notav Pubfc•CaFram= MINCFAL OFFICE N LOS ANGELES COUl" My ComTsmion Egko October 22, 1993 Ani ii ':.:t tt:'.io-Solis, Notan Public ;�.t•.ac.:...........................<........ Restrictions and Endorsements-r-..,-.:_a.a_:_�:_- �Yr:::-`c`.:.:°=.,:...,v.:•.t�..r INSURANCE COMPANY OF THE WEST P. 0. BOX 85563 • SAN DIEGO, CALIFORNIA 92138.5563 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, Century Paving, Inc. (hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the obligee) in the just and full sum of Ten Percent of the Amount Bid Dollars (S 10% of AMT. BID ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 2/25/93 for Police Department Parking Lot Expansion Cash Contract #$69 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said abligee, and said principal shall enter into a contract and band for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed•this l 24th day of February 11993 Century Paving, Inc. LC INS RA CE ANY OF THE WEST By Mnald L. wood Attorney -in -Fact I CW CAL 120 ,;I;, INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO. CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laves of the State of California and having Its orincipat office In the City of San Diego, California, does hereby nominate. constitute and appoint: ROBERT G. MARAN DONALD L. WOOD Its true and lawful Attorneys) -In -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings. recognizances or other written obligations in the nature thereof. This Power of Attorney Is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney -in -tact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the president and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 12TH DAY OF MARCH 1987 pMrA4?o INSURANCE COMPANY F THE WEST 33 � s *4 ti „r �4LWFD President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On thiS12TH DAY OF MARCH 1987 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow. ledged the execution of the same, and being by me duly sworn, depoSeth and with, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto Set my band and a:fixed my Official Seal, at the City of San Diego, the day and year first abnv^ ... ;..r. afwLvL aix NORMA PORTER rotlitf I•II11lix-000eflsl hN.W0 ONION A Sri 011W h11w0 of Ca soft" [n_ La. L inli STATE OF CALIFORNIA SS. - COUNTY OF SAN DIEGO Notary Public I, the undersigned. —, .miv. m. Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct Copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 24th day of February i993 . C.4�r�rp� �tyvo414r � Secretary ICW CAL 37 (REV. 5/82) ��irrpRw`� 0, Ci�il�Jitii'} I BID BOND (Public Works) KNOW ALL r[EN BY THESE PRESENTS, that we CIVIL WORKS CORPORATION BOND NLMER: 9239186 BID DATE: 2-25-93 hereinafter called the. PRINCIPAL and AMERICAN BONDING COMMA`rt, hereinafter called SURETY, are held and firmly bound unto CITY OF HUNTINGION LEACH hereinafter called OBLIGEE, in the penal sum of ten percent ( p) of the bid amount, but in no event to exceed SEVENTY THOUSAND and no/100 Dollars ($ 70,000.00 ) for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly anal severally, firmly by these presents. WHEREAS, the PRINCIPAL has submitted a bid for; Police Department Parking Lot Expansion, as per Contract #869 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 bond or bonds which may be specified in the bidding or contract documents within such time as may be specified (but in no event later than 60 days after such award) with good and sufficient surety for"the faithful performance of such contract and for the prompt payment for labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter 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 25th -day-of February i9 93. CIVIL WORKS CORPORATION (Princi (seal) By AMERICAN BONDING COMPANY By aj_j— G don J. a anden, Attorney- iri-Fact (Zea." ) AMERICAN BONDING COMPANY 9239186 GENERAL POWER OF ATTORNEY Know all men by these Presents, That AMERICAN BONDING COMPANY has made, constituted and appointed, and by these presents does make. constitute and appoint GORDON J. SANDEN OF WOODLAND HILLS, CALIFORNIA its true and lawful attorney-m-fact, for It and In its name, place, and Stead to execute on behalf of the said Company, as surety, bonds. undeflakings and contracts of suretyship to be given to ALL 013UGEES provided that no bond or undertaking or Contract of suretyship executed under this authOnty Shaff exceed in amount the sum of FIVE HUNDRED THOUSAND ($500,000) DOLLARS This Power of Attorney is granted and is Signed and sealed by facsimile under and by the authority of the foflowlng Resolution adopted by the Board o1 Directors of the Company on the 15th day of November, 1991. "RESOLVED. that the Chairman of the Board. the Vrge Chairman of the Board, the Presdent. an Executive vice Pretidenl Or a Senior vice Presrtleni or a vice President of the Company, be. and that each or any of them IS. authorized 10 execvte POwert Of Atlotney qualgIng the attorney-m-Wt named in the given Power of Attorney to execute in behaff of the Company, bonds, underrokmgt and Off COnTracit or turetythip: end that an ASSittanl MCe Pretidenf, a Secretary or as Assistant secretary be, and that each Of any of them hereby 1S. aulhOrized to atieSt the exeCullon Of any SOCh Power of Attorney, end 10 allaCh thereto the teal of the Company. FURTHER RESOLVED, that the ttgnetures of Such offiu,t and the teal of the Company may be affixed to any such Power of Attorney or to any certificate totaling thereto by IaCSim1Ae. and any Such Poyp of A17Orney of Cerli iCale bearing such taCSimile signatures or lactimile teal Shall be valid and binding upon the company when So atlixed and in the future with respect to any bond, undertaking or contract of Su+etyship to which q it allauhed - In Wi riew; wheraot, AMERICAN BONDING COMPANY has caused its official seal to be hereunto atfrxed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidens this 21 st Day of August, 1992_ Attest_ a AMERICAN BOND G COMPANY /Z By 4 SEA William R_ McKenzie- ASSiSlani vice PreS,derrl -V JameS , v e Preitdenl 1 STATE OF ARIZONA COUNTY OF PIMA 55 On ihls2tsf day of August , 1992 , before me personally Came James M. Boylan, to me known, who being by me duly sworn, did depose and say that he is a Vice President of AMERICAN BONDING COMPANY, the corporation aescrlbed in and which executed the above instrument, that he knows the seal of the Savj corporation- that the seal affixed to the satC instrumend is such co-porate seal, that It was so affixed by order of the Board of DlrectC•s of Sato corporation and that he signed his name thereto by like order_ r} �!J OFFICIAL SEAL. CHRISTIE TURLEY NOTARY PUBLIC cHP srlE TURLEv e� �/► NOTARY PUBLIC My Cpmmisston Expires My Cn m r. ss c� F.xOurs March 1 p 1995 March 10, 1995 CEA 1 I, the undersignew, an Assistant Secre.ary of AMERICAN BONDING COMPANY. an A-izO.la Cc-poration. DO HEREBY CERTIFY trial the foregoing and attached Power of Attorney remains In 1ul', force and has not been revoked. and turtner-ore the: ;he Resolution of the Board of Directors. set forth in the said Power of Attorney. is now in force G Signed and sealed at the city o.` Tucson_ in the Stare of Ar.zona. Dated the 7C`� day of r r= e? R L)19 R V , 19 �3 NEAFlorence E rtoJe•1. OSS,slani SecretaryA ?JiO �jZ RELIANCE INSURANCE COMPANY j HEAD OFFICE. PHILADELNHIA. PENNSYLVANIA \i BID BOND KNOW ALL MEN BY THESE PRESENTS. that we Damon Const. Co. as Principal. hereinafter called the Principal. and the RELIANCE INSURANCE COMPANY of Philadelphia. Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania. as Surety. hereinafter called the Surety. are held and firmly bound unto City of Huntington Beach as Obligee- hereinafter called the Obligee, in the sum of ten percent the amount bid in Dollars (S 108**********), 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 Police Department Parking Lot Expansion Cash Contract No. 869 NOW. THEREFORE. If the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid. enter into a contract in writing and give bond with good and su`ficient surety, or. in the event of the failure of the Principal to enter into st,ch 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 lorce and effect PROVIDED, HOWEVER. neither Principal nor Surety shalt be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project_ Signed and sealed this . 25th day of February tg 93 X"r., Dar:ion Const. Co. tPrnncIoall -- (Semi tf++cl ice- es�alent-' RELIANCE INSURANCE COMPANY _ JAIlZrney.m-Fac11 JOHN. D:- tit.:NSINGER ODR•2323 2190 5F_ "1% RELIANCEANSUKANCE COMPANY MEAD CFFICt, PHILADELPWA. PCHNSYLVANLA POWER OF ATTORNEY ^4!w+►� ALL MEN BY THESE PRESENT$ Thal he FIELLAICE r+SUPAICE COAAPANY, a oapwatfon to-* or Stake of Pannsyfrsn� does hereby -area, consawso and appoint JOHN D. HUNSINGER Of GLENDALE, CALIFORNIA-------•-- Act true and Lawful A40rney-in-Fact t6 nuLk*. exactA& Mal and detirer so and Gn Ms behalf and Y rte ace end deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and 10 bind Ow REL ANCF WWPVAICE COMPANY thereby as Mtty and to the Sarno ex%nt as Of aua► bonds end undertrddnge bird ocher wftsnge obligatory In Awe nature thereof ware slpnad by an Execullva CWkw of rid RELW4r_: 04SUPANCE COUPAW end sealed and anoetad by ono ott»r of weh onieem and ha *W ratiaea and oarhnrma a1 that ffs said AnowAAQ-in-Fact may do in pursuance him Thla Power of Anoeney is granted under and by aulh ft of Ark4a Vtl of the By -Law $ of PAXIA A INSURANCE COMPANY which beeana eftec too Sepian0 w 7, 1071L which provisions we now In %A bloc and efteot feeding ae baows ART)= VY -, EXECUTION Of BONDS AND LJNDtRTAtCNG& 1. The Board of Directors, the Pwreetdur, tths Chairman of the Board. any S*r*V V10e Pt*"%rV. any We Pfeelden! or AaalawA Vibe Pr*elderM or other *Mow deelgnaud by hew Board of Directors shad thaw power and eutharfy to W appoint Atiorneye.Arw.Fad srd 10 MAho&e thorn to exacule on bahaff of the Company bonds and un rlakings. r oogirQWeK ow*uft of Indomnki and other wftngs obligatory in the naaue ttwoot and roj 10 rWro" any such Anorney-h-Fact at any dens and revoke !+e power and sullwlty given b hind~ Z Aeorneys-in.Fad " have power and aNtwrtpr. Subject to the lerma and Umbasona of M power of &Wrney fasued 10 then b execute and doavw on be" of the Company. bonds and trtderosldnpf, noogrQancea. contrecta of indow9V and cow wruinge obdgabry In the nature them The corporate seal is not necaewy for the va ty of any bands and v+dsrtrksnga, rroogrtiaancee, conlram of Ydemnfy and o4her wtyrtga obiigatory In " name thereoL S Anonw** r Fad shalt have paw and auftwily b execute amdavke required 1D be aaad»0 to boe4s. recoombaiwea. oontreda of Rhdere- Ny er ounce eonddonaf or obdoabry uedatakkW and f1+ey aW a410 hewrpo+wr and auMortpi to carefy rw RnarheW sftbnwtt of rue Canpaety and 10 cropl•a.of tire By -Lowe of the Company or any article or aec40n ftareot• This power of auomey is signed and sealed by facalmile under and by authority of are loaowing Reeoluilon adav"d by the Board of Directore of fiELIANM tNSLJRANCE compANY at a meeting hard an the bdh day of Juewk 1071k at whIch a quorum wed praeanL and "Id Reaoknlon has not been antwwded or repeskmt • -ResOlve4 that the signatures of such d"clore and ortioen bins the aael of the Urrq y " be &Mxed 10 " such power of attorney or any cerltacate retatfng two* by ieea4n and any ouch flower cd anoeney or oertlbcafs bearing such bralmtie signatures or bcs4niie seal shall be rand and binding upon the C ff wV and any Such Power 00 executed and CWjfi,d by tsCainrlie algmwiso and facatn" Seel Shan be v" arW binding Won M Cornpanry in the Ardrht wtth respect to any bond Qr under%kkV 10 which It r &Mbd%ed- IN 4wTNESS WHEREOF, eke REWWCE VrAM IWCE CO&APANY has causal these pnowrts to be Signed by fta Vbe Preaiderht and ffs corporate sari w be hereto am=ed. ttht. 11 t h daY °f April 1991. RaM.4CE COf,APANY P... o.►. x '13,s sTATEoF Washington K t:.ouNTY of King . On this 11th days April •Ia 91�� *`;'yapp'afed Laurence W. Carlstrom to rna known w be rse Vka-Prselderrt of the RELWNCE YlS11WrC.E COMPANY. and ac*-'�tW he *A&C Red an4 ahresed the bregdnQ lnsvumer+t and attsxed ew aaai of said oorpoenow rher+so. and Twa Arttcie VE of Yee �Dy-tL.Aw"S�016"&Wd �C4-x�r4wj and the FPAWM tu- 6M set south trwein, are sda Ln"tome. 'c ► 7 'o MY Gommiaalon ExAi/ems May 15 .10 94 •' a .+-y +rotary Pa c in and to Sssts Of Vashing PAO&Ctry d Tacoma L Robert D . Ritzhaupt . AaaiVAM Saueaary d e,a REIIA -E 94SUPArrCE COMPANY. do t4"eby oeruty hat " abow and toregornQ is a trw and —Oct COW or a Poser d ADom y oAow d by -W AEAL "CE 001APANY, whlot+ in uaa in sue fonds and eOeoL 19 w wrTWESS wNEREOP. I have lweunto be( "trend and awuLod e%e.et at said Co� T%w 2 5t h der d z'cbPR y ,y,�s,.stRobert Dt aup Bont1 No. Fidelity Company and II0.11E OFFICE OF MARYLAND BALTIMORE, MD. 21203 BID BOND KNOW ALL N4EN BY THESE PRESENTS: That ae,..._E.C- CONSTRUCTION CO..,,.. A.. ..........., as Principal, (hereinafter called the "Principal"), and the FIDCI.IT1' AN1:1'OSIr COMPANY OF'1ARYLAVD, of Baltimore, Maryland, a corporation duly organized under the laws of the State of A4aryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto.__.. CITY..OI"..H.IJ!?I)tiNC��QN..B.IKAGH........... ......................................... ........................................................................ ................................................................................................... .............. .as Obligee, (hereinafter called the "Obligee''), in the sum of --------- 1.0%--_OF..BID ...................... ........------..Dollars ($1.01-0F.3ID...), 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 .... _PARKIN .......................... 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 aniount for which the Ohligee may in good faith contract u-ith 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 scaled this ...... ..... 23V.................... .............day of .FEBE.LARY ......_._........ .... .A_D. 19_9.3 E.C. CONSTRUCTION CO. 4 � e..... .SEA1.) f :. FIDELITV AND DE.POSIT CONIPAN OF INIAR1'LaND .......................................... ...I.............. . .. By .,r..-... /..............(SrAI.) it�e GARY B. MERRILL, ATTORNEY —IN —FACT C3:5d-150`.1. Apvroced by T.'re Antencan h:ch;utc of .lrrhf;ccic. .LLA. ljl [u: m No. A-310 February 1v:u J.d;tron. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME oFACE. RALr WMF- MO KNOW ALL NiEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. . Vice -President. and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section Z, of the By -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 Gary B. Merrill of Pasadena, California. " ......... . i s�andlawful agent and Attorney -in -Fact, to make, execute, seal any and all bonds and undertakings........, e execution of such bonds or undertakings in pu and amply, to all intents and purposes, as if they had the Company at its office in Baltimore, Md., in their behalf as surety, and as its act and deed: &Z�Aall be as binding upon said Company, as fully �acJtnowledged by the regularly elected officers of his power of attorney revokes that issued on behalf of Gary B. Merrill ted, A.*i 19, 1988. The said Assistant Secretary does hereby certify a extract on the reverse side hereof is a true copy of Article VI. Z. Section 2, of the By -Laws of said Company, an in for IN WITLESS WHEREOF, the said V ice -Pros' t d Assis etary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND IIT CO + OF MARYLAND, Chia__ l l L h day of September A.D. 19lL q o _ . FIDELITY' AND DEP COMPANY OF MARYLAND ATTEST: SEAL Assistant �ilcr I reaideat STA-M OF M1iAX tutA CITY of BALLTt1toRE SS; On this 11Lh day of September . A.D. 19 91, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, carve the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLA.VD, to me personally known to be the individuals and officers described in and who executed the preceding instruunent, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such offims were duly affixed and subscribed to the said i Lwuraent by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto act my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. �Q 00,CAROL J. FADER —� Notary Public mmiasion p' August 1, 1992 ` CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY A -ND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate: and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI. Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF :1'LkRYLAND. 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, 1%9. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter. wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESMIONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 2 3 RD day of FEBR 1UARY _ 19 93 . 012-7508 CHUBB GROUP OF INSURANCE COMPANIES Ctl4UBE3 15 Mountain View Road. P 0 Box 1615. Warren. New Je+sey 07061.i615 FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ ��- Know All Men By These Presents, That we, Excel Paving Company (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 total amount of the 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 15 day of February , A. D. nineteen hundred and 93 WHEREAS, the Principal has submitted a bid, dated February 25 19 93 , for parkin Lot g Expansion Project No. CC-869 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obliges 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 r of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- Mac"; 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 Paving Company Principal By: C.P. Brown President FEDERAL INSURANCE COMPANY By: Douglas A. R p Attorney in Fact .:: �•TEb Form 1"2-O 07 fAw, 4-90) W47MOOA MTT- POWER OF ATTORNEY Know mill Wien by these Presents. Thai the FEDERAL INSURANCE COMPANY. 15 Mountain View Road, Warren. Now Jersey. an Indiana Corpora - ton, has COnftituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana. California )ach its true and lawful Anorney-+n-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, "it: t. Bonds and Undertakings (other than Ball Bonds) flied 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 bonds to the United States of America or any agency thereof. including those required or permitted under the laws or regulations rotating to Customs or lnw mal Revenue: License and Permit Bonds or other Indemnity bonds urxW the laws, ordinances or regulations of ar►y State. City, Town. Village. Board or other body or organization, public or prlvata: bonds to Transportation Companies, I = Instrument bonds: Lease bonds, Workers2 Compensation bonds. Misosllanwus Surety bonds and bon ale on behalf of Notaries Public, Shartth, Deputy Sheriffs and similar public offictais. 3. Bonds on behalf of contractors In OOnnection with bids. proposais or contracts. M lilft w Wh~. the @amid FECEAAL SIOURANCIR COMIMNY three, punruara 10 aa Bl"Larra. cauaad awes pweerlla 10 be alerted by +r V.a PraeWera and ASSMIA t SO"LaIV awd b COW sear o a hffM ttsead trrr 30th chin d June » 92 FEDEAAL SOUINANCE COMPANY ey D D14n vibe Praetdewt .4W op NEw BEY :aunty of Somerset I On ins 3 0 t h .,, d June to 92 . baa - -A pareauFY Orkt PAOLOrd D OTAMW b tit* kh wry Old by rM krror.n 4 be AmWAM s.G.drr or dim FWKM L Ma1101AWN 'C MMr He ONPO ISM dM, bed In ant NMCI eeattaed vW a. Is" +e rower of AlOwnry. and the ear ROW0 Q O'Connor borne by rrrt duly ew01n_ dd depme end pay that he r +WlPars See WV ON VW rlDEAAL GO RIAMCE COMPANY and ktrowa ore Odrporrt deaf Braman the 74 $ad eM=d Ia the M 91'n0 POW Of Attorney is mxh COrPIN" seal and ws PHMwb anmd by eWrOreY d " artmmm d ear :drapery, and ere he aqua ear Paver or Anwrwf as A06WALm Sommewy oP ear CWMD& y by we sultwillrlr, and the he is aoquuhrd rimer lamas 0 Dwon and knows Mon to be the WN Pwsdew d ear CWFO rx urd err lint rlMlrur. d Bard Janrea o Dyson trvneermerd to and POrwr d Atbr+y r N e+. wnuu+. trarrdrntirg a sad.ram.. t1 Own w4 ws uwM ew.ereW br aurhPay d ead er+..n andir' ft"rerre wGD@rM ydwrr BeaP rq�F "� _ r. GA% -'} ACkrrdwredeed and S ro berora nw .. pn the date carmen NDTrrrtr� —*— tRteLtC J , '.41'.CMAK Ndlary PuDK errs j CERT04Cl►TNM Notary Aubl.c. Stars oI t,Iegs jowy No. 2091352 Corrrhvuroa Eap.rea JLrF: 29e i9'it1 staTE or taw rErdEr ss. .,aunty of Somerset L. the Urderar. . Aaastanr Secrawr of the FEDERAL rNaNA414CE COMPANY. do hmay cendy the dw kapwrtg a a true akCarpl Prom rho BrLaws of the sa4 Company as adopted a na 90ar1 d D+ecws rn klaren t. 1!M and vet Ma BrLlw Mr m r,At tree and erreU- -ARr1CLF xVru fiaiVOh L PA burr I vn0ertakrvVIk Ld RIUS arid O&W rhaiR#Mtaa CL W V4W tea abm fat elms an beho 01 v% (+smeary) WWI% it is authorlled t>y Law Or is Maras 10 gmcuts. may and tthfa be aesculad in ere nits end On M Wr of the Company earner by VW Chatonah of the Vice C.lralrmM or the Preaft of a VCO PraardW. nanny ester the Seerstary a an A@S*ara SecroU" uAW LW respeerrw 0mVm0 M ==M the "are P "Kwo dtasrs P Mla wpWryIiW 0+a1~ In any rmMiaw d Vre sdr0 at o+ecWt; of mitt Executive COmmnet. Or m any pPwr of anPney extbOutrd as pmoM ON n 9e1201% 3 bebwmay esculs imp euM bond. undbnakag of damn bblrptfrdn Y Pdrded im w9ft raaprrrtgn P ppwr Of etdrrol, Secetptr 1 N pawn d atsorney Mir end an twtlan d the CanparM nee) mire ar+aa be awnrad r ri +rerrre arrtl Pr Gonad d ere Gd+w^y. aAyrr W ea G+urman a mite vice C7ra++nan P the PraerdB*s a ■ Vq Preardsnt or an A niaarlt Vbe Pnsevia. pv ty with the Seclr w W an Aft r sevwry, under pee re VWM em9mg a Tta s "Um of sus+ &hairs mty oe *Wv4 d. proved d tlhdPaphW The 4vull" or sash dew om"N afters crllu r"M n. Vag Cywfftwl Preeomm mini We Pm mawt. any Aearlrrt Vot PreerdBra. any Ssovwv."Anmarr SeVerary ant" mid of me Corn"rrr mBy be amsad by taCarr . imp miry poser d aornrar or tb any OP tntrea! 'p Alm— seb WvIn a /V1a olo-Fict 1w MXpwea arty d mCvtwV area atternrg Gomm aria undertak+rge are dthBr wr%-W ddgr4ry n Bye n0ure dmradr. arid any fuCn paver d anbrney a nnAKye bBrrre Mrttr eaCesyr+t agneu*B a raa+rrrt Mal VW be VOW end bwrdwre Upon the Canpa'yy and ar0' euCh pOMr ao &*COW and certdoo by such reowrryle eg Wwm wo tamimrla MY ahall be •atE and ba+d,r.p upon trim rorr"ny with respect I*" bond or urdtrtakng 10 wtwh n a B11ACrred" i kvirw vv* that u4 FEDEPAL mi/eLNLANCE COMPANY to dvy kctnMd 10 trarn#o f4W and eur ry bravvM in Bath d iM Steel or the Unwed Sletes Of Ar"nCA. Dalrrp or Gdumbu- Puerto Roo. and each d the 'r"+bw d Camas with pre wwwon of Pnnce Eowwa Milano: and is er0 dry k0arrsed o bPeonr will wary on bonds, un0ortaknP. ere . permrtwd Of redu,red by Law r. nit urrdere ned Aearerarr Secretary d FEDERAL 114SW ANCE COMPANY. do hBraby ce" nee 00 rpraeprrrg Pawn d Artbrney is n Mi Meat arKI eneo Oran Prdn rN herd and ins wal of sad Company at Wsnen. N J PeRAL (FORMERLY Zi-10-0333) PwYo Awt�r& I` ERGI(ANTS BONDING GOMPANY 242 5 Cameiback Road, Suite lSO4 Phoenix, AZ 85016 --- KNOW ALL HEN 13Y THESE PRESENTS: That we. BID OR PROPOSAL BOND HARDY AND HARPER, INC. (hereinafter called the PRINCIPAL) and KZI�CN-ANTS BONDING COMPANY (Mutual), a corporation organized.and doing business under and by virture of the laws of the State of Iowa and duly licensed for the purpose of making, guaranteeing or becociing sole surety upon bonds or undertakings required or authorized by the laws of the State of _ California as SURETY. are held -and fimly bound unto City of Huntington Beach (hereinafter Called the OBLIGEE) in the full sum of Ten Percent of the Amount Bod DOLLARS (S 1UX of bid) lawful money of the United States of America, for the payment of which. well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally. firmly by these presents. THE CONDIDTION OF THIS OBLIGATION IS SUCH THAT, the above bounden PRINCIPAL. is about to hand in and submit to the OBLIGEE. a bid or proposal dated 2/25/9.3 for: Police Department Parking Lot Expansion, Cash Contract No. 869 in accordance with the plans and specifications filed in the office of the OBLIGEE r' and under the notice inviting proposals therefor. I ! NOW THEREFORE, if the bid or proposal of said PRINCIPAL, shall be accepted and the contract for such work be awarded to the PRINCIPAL thereupon by'said OBLIGEE, and said PRINCIPAL shall enter into a contract and bond for completion of said volrk''as required by law, then this obligation shall be null and void, otherwise( to retain in full force and effect. IN HI _SS WHEREOF, said PRINCIPAL and SURETY have caused these presents to be signed and healed this 24th day of February ,1g93 ;-TARDY AND HARPER, T NC. PRINCIPAL BY: Fred T. Maas Jr., Secretary/Treasurer KERC RANTS BONDING C O PANY ( Hu tua l ) n Wi-4 lard Attorney i'a Fact MUTUAL — DES MOINES, IOWA POWER OF ATTORNEY Kriow All Men By These Presents. that the MERCHANTS BONDING COMPANY (Mutual), a oorporau:m duly organized uiider We law;: of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk. Stale of Iowa, hath mane. CGri:.tituled and appo"Ld. and does by these presents make constitute and appoint Frank W. Anderson, Bradley P. Druehl, Dana Hullett, Ann Willard of Indio aria State of C a 1 i f o r n i a iS Uue and lawful Attorney -in -Fact- with full power and authority hereby conferred in its name, place and stead, to sign, execute• acxcrnowledge and detivet m its behall as surety: any and all bonds and undertakings in its normal course of business, provided no one bond or undertaking shall exceed One Million Dollars, ($1,000,000) and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the saute extent as if such bond or undertaking was signed by the duty authorized officers of the MERCHANTS BONDING COMPANY (Mutual). and an the acts of said Aitomey, pursuant to the authority herein given• are hereby rattled and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of trio MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION GA. — The Chairman of the Board or President or any Vice President or Secretary snail have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 2. SECTION 6B. — The signature of any authorized officer and the Seal of Itue Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond. undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used snail have the same lac; and effect as though manually fixed. In Witness Whereof. MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President wid Executive Vice President• and its corporate seal to be hereto affixed, this day 2 n d of June A.D., 19 $ 9 Attest ..C' Bres.0 m STATE OF IOWA COUNTY OF POLK By MERCHANTS BOf P( r.' .NY (Mutual) On this 2 n d day of June . t 9 89 , belore me appeared M.J. Lang and Rodney Bliss III, to me personally known. who Gang by me (July swan did say that they are Vice President and Executive Vic; President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation descnbed in the lore -going instrument. and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and trial the said instrument was signed and sealed in tx-mall of said Corporation by autnomty of ill Board of Directors. In Testimony Wnerew. I have nereunto set my hand and attixed my Orfical Seal, at the City of C,,s f.t;xres. Iowa the day and year first above written IOWA rn 0�� STATE OF 10'::A COUN1'y OF POLK r..,.•.,rn r•.,ti.c. h•uw Cw.u, h:..., I, M J. Long. V,ce President of the MERCHANTS BONDING COMPANY (Mutual), do hereby a tji'V1l" a above and foregoing is a true and correct copy of the POWER OF ATTORNEY executed by sa'q 4: 4� `,•[BONDING COrAl"ANY (Mutual), con n is still in force and etfiz-t. = q��'' r 0 '� •• In Witness Wheneol. I have hereunto set my hand and atfi.%W the seal of trio Comuiany, at `�K �/ ✓� r<, INS U-y ill 19. y?% _ •! `" : 1 : �=•J 1933 � c: ,j cam: INS puwer of allom'-y eXpaes U I i L i 1 P•. e v o k e O rJh \y fi l 13 13U1ffi tfc►, E. A. MENDOZA, INC. 111,1 _ MERCHANTS BONDING COMPANY (MUTUAL) Fir, i1i1"el c I i 1 y niiri r'.everr+ 1 i y, V� ri�i olir ei vrr.,--" - otlr ire i i ., i c•prnnnittat iven, atier_pnnore and asnigna, rtu neL forl.h herein{, to CITY OF 11U IT111C,'I'011 BEACH (herelrr called Owner) for payment of the ponal sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID --------------------------------------- ------------------------------- lollars ($10% OF BID AMOUNT---------- ) . lP-kwf'Itl money r{f CI-IP ij1-11 ;ed States. PrirtcIP_al iia-__GiibmItlecl 0 1 e .ac,coinpanying hid for the construction of "POLICE DEPARTMENT PARKING LOT EXPANSION" If the 1'r i nr. i Ira 1 In awarded the contract and enters i n L o a written contract, in the form prescribed by Lr:e Ocher, at: the lit Ice donignated by his bid, and flies two bU1rdn wiLli the Ownel', or satihs Htute sectirity lrr lieti thereof, acre Lo ytrarantee 1layrnrllt fret- labor and materials rnd the other to guarantee fait"liflil 1—t-formance, in Lhe time acid inanner specif lecl by Lhe Owner, .dill 1-a r-r i esa roll 1 nstiraiice III type anti amot{nt which coitfo rins to the c-1lnt:racl clOr_11111Antla and furnls hes ref;ctired cerLi ficatpr Mid �11�1r,rAelr►e({L9 f:l{ereaf, then this obligation shall be n1ill nc1d vnlds oLl{erwise it shall remain ill full force and offecL. Foi-feitlire of thin hand, or atiy deposit made irr lielr therer►f, r;l1a l l iioL prec ludo t";:A nwlier f rom seeking a l l ' other z elned I On provided by law to cover losses sustained as a result of Lhe PrincipallIs failure to do nny of the foregoing. CH }' (if fllint intltcln 11nach r?(`1110-200-01 IfIll fioild - 1 c1f 2 . I'r i nc i pa 1 arrcl Surety atjree thit If the Owner Is -required 1 n11,3:,go the eervirps cf an nttorney In c;onnr.ction with t h- enforcement of this bond, each shall pay Owner's reasonable itt:orney's fees incurred with or without snit. Executed On FEBRUARY 22 ------------------- , 19 _-93 E . A. MENDOZA, INC. PRl!1C1 f (F;eal If (orporation) By T l e re - hev '14r2l (Att:nch Acknowledgment of Authorized Representative of Principal) Ally c1nims under this bond may be Addressed to: MERCHANTS BONDING COMPANY (MUTUAL) (name and address of Surety) 2425 V CAMELBACK RD., SUITE 800 PHOENIX, AZ 85016 STONG/QUIGLEY INSURANCE SERVICES, INC. (name and address of Surety's - -- -� �� ---- agent for service of process in 101 COLUMBIA, SUITE 170 California, if different from --------•--.._. T.---- above) ALISO VIEJO, CA 92656 (714) 362-9208 (Att-ach. Acknowledgment) ftC11't(:E: (telephone number of Surety's agent in California) �1�/1►/III. _ . (11 r7rile- rt-F ct) MICHAE . OUITUEY rrn nubstitutiotr or revision to this bond form will be rccel-Led. Kuretles ni"st be authorized to do business In and bavo an accent for norvico of proc-esn in callfornia. Certified copy of Power of Attorney must be attached.' c'i t }, ()f Hunt infit oll heach tW 111 ri-2ncr--01 C1t2(11AC 11 i d Doh(i - 2 of 2. PIP Rr.6r) F./27/91 MW.-WIGLEY •-I:$ SERV INC Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk. State of Iowa, halh made, constituted and appointed, and does by these presents make, constitute and appoint >»l4CHAEL A. RUIGLEY"JENNY ER J0141S"<<< >>X<< >>X<< Of I RV I NE and State of CA its true and lawful Attorney -in -Fad, with full power and authority hereby conferred in its name, place and stead. to sign. execute, acknowledge and deliver in its behalf as surety. >>>ONE MILLION DOLLARS($I,000,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as it such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the aufrity herein given, are hereby ralified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2. SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, oontractsof indem pity and other writings obligatory in the nature thereof. ARTICLE 2, SECTION 9- —The signature of any authorized officer and the Seal of the Company maybe affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually lured_ In Wrtness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and President, and its corporate seat to be hereto affixed. this 1 -t a day of .3ct ewe r A.D . 19 G- 2 Attest MERCHANTS BONDING COMPANY (Mutual) STATE OF IOWA COUNTY OF POLK ss 00 a �i�p gy y '• �'� Pr••rd•nr � . sY' ,tC On this - - day of 'r.e before me appeared M- J. Long and Rodney Bliss III, to me personally known. who being by me duly sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the Corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors - nP rfrd•rt: In Testimony Whereof, 4 nave hereunto set my hand and an+xed my Otl%val Sea4. at the City of Des Moines, 4owa she day and yeas first above written- 8 R 6 9 ' IOWA m • 0 �p % 4 9! AL ho:,r, Pvb�c- Po+. Cc..n:r.:o+• AA, co_m it:on £sp.r•f 11-4.95 STATE OF IOWA COUNTY OF POLK ss I. M.J. Long. Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby certify that the above and foregoing is a true and correct copy of the POWER OF ATTORNEY. executed by said MFF(C}q%TS EODtuDING COMPANY (Mutual)_ which is still in force and effect In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at ALISO this day of r 19 " = _ 22ND y -r'.[1.s FCBFY 3 JI=.;O - This power of attorney expires December 31, 1995. rr_95 1092 � r AMER I CAN MOTORISTS INSURANCE COMPANY BID BOND 3SM 778 026 00 KNOW ALL MEN BY THESE PRESENTS: THAT WE, MORENO ASPHALT & SEAL COAT CO. AS PRINCIPAL, AND THE AMrRICAN MOTORISTS INSURANCE; COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE. OF ILLINOIS, AND AUTHORIZED TO DO BUSINESS I` THE STATE OF CALIFORNIA AS SURETY, ARE HELD FIND FIRMLY BOUND UNTO CITY OF HUNTINGTON BEACH AS OBLIGEE, Iti THE SUM OU 104 OF THE TOTAI, AMOUNT BID NOT TO EXCEED SIX THOUSAND AND NO/100 ($6,000.00) DOLLARS, LAWFUL. MONEY OF TUE: UNITED STATES Oi A` LRIC A, 10 THE PAYMENT OF "MICH SUm WELL AND TRULY TO BE MADE, THE. PRINCIPAL AND SURETY HIND THEMSELVES, THEIR AND EACH OF THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY BY THESE PRESENTS. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, IV THE OBLIGEE SHALL MAKE ANY AWARD TO THE PRINCIPAL FOR: POLICE DEPARTMENT PARKING LOT EXPANSION CASH CONTRACT NO. 869 BID DATE:FEBRUARY 25, 1993 ACCORDING TO THE TERMS OF THE PROPOSAL OR BID MADE BY THE PRINCIPAL THEREFOR AND THE PRINCIPAL SHALL DULY MADE AND ENTER INTO A CONTRACT WITH THE OBLIGEE IN ACCORDANCE WITH THE TERMS OF SAID PROPOSAL OR BID AND AWARD AND SHALL GIVE BOND FOR THE FAITHFUL PERFORMANCE THEREOF, WITH THE AMERICAN MOTORISTS INSURANCE COMPANY AS SURETY OR WITH OTHER SURETY OR SURETIES APPROVED BY THE BLIGEE; OR IF THE PRINCIPAL SHALL, IN CASE OF FAILURE SO TO DO, PAY TO THE BLIGEE THE DAMAGES WHICH THE OBLIGEE MAY SUFFER BY REASON OF SUCH FAILURE NOT EXCEEDING THE PENALTY OF THIS BOND, THEN THIS OBLIGATION SHALL BE NULL AND VOID; OTHERWISE IT SHALL BE AND REMAIN IN FULL FORCE AND EFFECT. MORENO ASPHALT & SEAL COAT CO. SIGNED, SEALED AND DATED February 23, 1993 BY?�s AMER IC" loTo:INSURANCE COMPANY BY�itTOi�LLER // ATTORNEY IN FACT PLEASE DIRtCT ALL CORRESPONDENCE TO: LOU JONES & ASSOCIATES MANAGING GENERAL AGENTS 7470 NO. FIGUEROA ST. LOS ANGELES, CA 90041 213-257-8291 fir• AMERICAN MOTORISTS INSURANCE COMPANY '—a nmoniiL None Office: ,Long Grove, IL 60049 mice POWER OF ATTORNEY Know All Men By These Presents That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in long Grove, Illinois, does hereby appoint Kipton Keller of Los Angeles, California ****** its true and lawful agent(:) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the data of issuance of this power and ending December 31, 1994, unless sooner revoked for and on Its behalf as surety, and as its act and dead: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)**** EXCEPTION: NO AUTHORITY is granted to ask*, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the some obligation to be split into two or wore bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the some had been duly executed and acknowledged by its regularly elected officers at its principal office In Long Grove, Illinois. THIS APPOINTKENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMaER 31, 1994. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing end filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize than to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizance*, contracts of indewnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Coagany at a meeting duly called and held on the 23rd day of February, 1966: -VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, nay be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the board of Directors on February 23, 1983 and any such power so executed, sealed sed certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 31 day of August , 1992 - Attested and Cortifiede AMERICAN MOTORISTS INSURANCE COMPANY 1 S: �a F.C.McCuliough, Secretary by J.S.Kampir,111,Smn1or Vice President (OVER) STATE OF ILLINOIS SS COUNTY OF LAKE I, Marilyn L. Riley, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporations of the State of Illinois, subscribed to the foregoing instrument, apsared before as this day in person and severally acknowledged that they being treeunto duly authorised signed, scaled with the corporate seal and delivered ttra said instrument as ttws free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein sat forth. h eommissleh expires: 4-9-94 ' CERTIFICATION M aA6A'40L,►A+s�4Ae A-& "OFFICIAL SEAL• 1 i Marilyn L, Riley / Nobry PuWit, Stile of flllnoh 1 4 rh Canunom Wan 4rgi96 ► qw•.►...IVqwwv.r'Wrr Nor L. Riley$ Notary ft6a I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attornay dated August 31, 1"2 on behalf of the perso(s) as listed on the reversa side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and affect on the data of this certificate; red I do further certify that the said J. S. Kemper, III and F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively ware on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this day of FEB 2 3 `� �, 19 %. J . Ysrsda, secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the wanner and to the extent herein stated. FM 836-5 6-92 1M PRINTED IN U.S.A. Power of Attorney - Term CBIC CONTRACTORS BONDING AND INSURANCE COMPANY BID BOND KNOW ALL MIEN BY THESE PRESENTS That -we. _- —_-- NOBEST I`:CORPORATED California: 23172 Plata Pointe lime Suite 1$S Laguna Hills. CA 9265.i t7141 770-97.11 (800) 274-CBIC `atwnal t7141 770.9903' FAN Bond No- — Premium included in Bid Bond Service Undertakine a, Principal. [hereinafter caller] the - Pr;n6pal"). and Contractor, Bonding arul insurance Company of Seattle, Washington, a corptmition Elul% or,2anited under the lau-s of the State of Washington, as Surety, (hereinafter called the "Surety"), are held firmly bound unto in the sum of CITY OF HUNTINGTON BEACH TEN PERCENT OF THE TOTAL AMOL-LNT OF THE BID as Obligee. (hereinafter called the "Obligee"). not toe xceed EIGHT THOUSAND EIGHT HUN-DRED AND NO/100 ' s Dollars (S 8, 800.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Sure,)-, bind ourselves. our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submirted abid for POLICE DEPARTMENT PARKING LOT EXPANSION cc No 869 BID DATE: 2/25/93 - 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 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 - �" -- - ---A -u- —It- hPrPrlf 1w-tween the amount specified in said bid and such larger amount for which the Certificate of Acknowledgement STATE OF CALIFORNIA County of Los AngLeZes 0n FEBRUARY 23, 1993 beforeme, CHRISTOPHER J. COATS NOTARY PUBLIC personally appeared , D. T personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscnbed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hWher/their signature(s) on the instrument the persc.t(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official 1. �'•••••»•+»•+.�« - CHRISTOPHER Signature COMM. #869482 '%� / (Seal) co t . NOTARY P:2L;G-CA1F0VA • m d ; t o� L06 ANGELS$ CQIRITy r„z rr e t • &1+► Gaietnt. 6 rpuEs ,!t!y Is 1996 + i LIMITED POWER OF'ATTORhEy REA604REFULLT ` GONTRdCTDRS BONDING AMNSURANM=MPOM IS RIESPONSIRMONLY FOR IM BONDDESCRIBEDAND UP 70 THE AMOUIfTSET FDRTIT IN TMS ;LANABD POW-ADF.AMMEY ANY PRASLM*6 .L VOID TMS PV";; DFATTDRNEY I>:YOUljAYEANY Dl1EST)ONSAMX f)MWANXTDYEIMY TISS POWER jjFA�gR y(ftcosTRACTORS'sCN01NG D RANCEI IIPAbIY N gHRLSfwAttFORNiAAT(T14 7.3 A ' i?eual tom S 8 a S 9 D U i3 Rttarne I+Io A 3 PowerNa ,0 y ' 9e eat No. t��Ja^mrwk(e�tl�Prowdr of AHornW Expire �l 3 9 3 �e Appt � _ - V{M�z z j f Y.5 kl CITY �'iirtmeot�rtncipel.�©Or Jm'f!XG-J:UN BEACH 1dsiDs otllblipea sr i � LtrcabDa j>fi Apphcble) - ' > - IO MALLUNRYTNESEPPEWMVWCOWMt;It7RSAND INSBRANCEQ goorytion ( md®r andnrtha �►q$ �(11Ya �hn,endhnsro its office mgetr.%YangCounty,tiYa+haglan,dembythaespnaoMamdm,comituI andappmat L 1 A ll. LU d Il1YLL R g Pn�Pd 6 ban wal lest;! attan vy4►lact weth ful power and out" hereby cmfened in its name, pleceannd sfesQfo savants, adisowledgesaddelnerthe boniKt¢ described above; and to bind thsOompeny thereby annfully t wdto this seneeslvd as 1 each such bondwas &grind by tie pestilent angled with thscarponsle seal of tbeLbmpany ead duty sttasled by h9eueter, hvaby ratifying and confirming all thetthe an dip 4 9 / Y 3 gory dointhsprimes;9sdappoudmordisrrodounderand14athoriyoflhsfollowigresoldonsadopted bythe Bond dQvcioo4CiD ofCONTRK OMANDDIMR%NCECO1Fwon 1 / RESOLVED that the President is authorized to appoint es atlamey in -fact of the Cam lji hhj H D A D . COATS wRh power and ■uthorky to sign on behalf of ttie Cornpanythose surety bonds which meyfrom Irma to time be approved by RI Thal or Barbara Thol, in such penal sons and according to such conditions as may be approved by RI-ThaI or BorbareThol RESOLVED FURTHER that each Power of Attorney must gat forth the specific description of the bond to which It applies, the name C the principal, the aria of the obDge% the penal suns, the bond number �xapf for a bid bond where there is no nann* h a identifying number of the attorney m 4nik the dertdyng numberof thePower of Aft mwA and the name and signature of RL Thiel or Barbara Thiel, and may set forth the description and amount of additional reuanraam or cultural, d guy. RESOLVED FBRfIER that P-L Thiel or Barbera Thiel is authorized to astabh sh a specific aromrebon dots for the Paver of Attorney and to noddy that data from bme to throe as Rl. Thiel or Barbara Thal deems necessary in his thor ado discretion, the appkcable expiration date to be dearly set forth m any wntbi n Power of Attorney RWOLVED 1.11RTHER they except as c%orwse provshad he the wmiedmtsly m=sedag reaohdnan, udw no nrcanntancss shall jar) rho contrse amourt for any bd psynomd partomnac% or comlwrw hos paymW and performance bond (us.. a performance and payment obligation an ohm bond font etoued 111,254UDD if the bond a guaranteed by the Small BusmessAdi umstrsfion, jb) tbo penal vein of any bond not guaranteed by the Small Bu&esss Admhmstrahoo (other than a bid bond which s bother reaftb d bydsase jcj) axmad 0260,DDD, and (e) a bid bond which is not guaranteed by the Smatl Biamess Administration be exectted to a lob when if the contract is awarded, the bond penalty an may performance bond, payment bond or combination pertwmanhce and payment bond (ha., a performance end payment obligation in one bond form) to be executed pursued to the bid bond is to s=ed $2;60,ODD, RESOLVED FURTHER that the above oemsd Mtomoyin fact is granted power and eithonlyto aimed the applicable penal limits stfarth in to immediately preceding resolution for any bond in an amount equal to the amoo rd of any additional re neuranm a cf any cash letter of creditor other shanty recerved as collateral ascurdy by the Company as todhioanmmd to ties na the bang so long as the des riphon and amount of additional reinsurance or collateral are estforth in the Paver of Attorney RESOLVED FURTIERthatthe authority of the Secretary of the Company to cw:ify the authenticity and oifectimmess of the foregoing involutions in any Limited poor of Atiorney is hereby delegated to the following persons the signature of any of the following to bind the Company with respect to the authenticity end oifectivensss of the foregoing regulations no if signed by the Secrotaryofthec.ompenyRLThol Barbara Thiel orAnn Cro of RESOLVED FURTHER that the signatures (including certification tat the Power ofAttorney is still m force and effect) of IZL Thiel a- Barbara Thal, and Notary Ikhlr, and the corporate and Notary awts appearing or any linuted Pourer ofAtor ey m ' fining this and the foregoing resoluttons as "Ins the Limited Power of Attorney dsof as well as its transmughon, maybe by fausrmds, sad such Limited Power of Attorney moll be deonwden original in all aspects. RESDLVI D FURTNER that all resolution adopted prior to today appareling the abore named as allomeymr-11rctfor the Company are hereby sups aided IN WITNESS WNYREQF„ICOhLTRACTORS BONDING AND INSURANCE COMPANY hug mused those peso" to be signed by R L Thiel and Barbara Thiel, end its corporate god to be iorato affixed �� LUl s4 // �Y JJ ey ^_ RL Thiel STATE OF CALIFORNIA — COUNTY OF ORANGE CONTRACTORS BONDING AND INSURANCE COhaPANY 10:1 Ca a SEAL :h • , O 1979 AS H i N 'J'st - On 1 / 4 4 / 9 3 before,ti Yolanda Z *a, a NotaryPubl c in and for the Stet of Del fame County of Orange, personally appeared R L Thiel and Barbara Thid pe sonallvknown to veto bar the persons whose names we sit:sa ibac to ,he within hinted Power of Attorney and acknowledged to no tst they executes the sane in the authorized capackes and that by their signatures on the Lmrod Pcww of Attarnay= execulad the L mated Power of At•ornev IV WITNESS WHEREOF I have hereuntc set The undersigned acting under authority of t BONDING AND INSURANCE COMPANY, that Power of Alto ney is still n to and effect GIVEN under nt q ll�1c1 H L 11 S r C 4 thm 23 _ dgyof FEB All(012699) LACTORS t the said 19_ 9 3 SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY PROPOSAL BOND BOND '40. PREMIUM: INCLUDED 8IN8BBSU 3Ktww till Ann bg t4ese Trestnts: THAT WE, SULLY-` ILLER CONTRACTING COHPAIINY 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 25th day of February 19 93 . WHEREAS, the said principal is herewith submitting its proposal for POLICE DEPARTMENT PARKING LOT EXTENSION CASH CONTRACT NO. 869. IN THE CITY OF HUNTINGTON BEACH. 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. amets DOW" no. Is 1538 The hcanse expiralicn date is ...?L2RI94 , its represenLal~ione made twein ara made under pec"Y a le". Form 136 Principal George M. Lubanko, Assistant Secretary SEABOARD SUR COMP Y By Irene Lau, Attorney -in -Fact i 1G-5115 Certified Copy 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 siqned 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 _ ARTfCLE VII SECTION 1 Policies, bonds recognizances, stipulations, consents of surety, underwriting undertakings and instruments relating thereto _insurance policies bonds recognizances stipulations corsents of surety and underwriting undertakings of the Company and releases agreements and other writings relating in any way thereto or to any claim or loss thereunder shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board the President a Vice -President or a Resident Vice -President and by the Secretary an Assistant Secretary a Resident Secretary or a Resident Assistant Secretary or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairman of the Board the Presioeni or a Vice -President to make such signature or (c) by such oche, 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 -in -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 !Cc .r, f * Attest SEAB ARD RET CO P NY, 1927 (Seal) L B V Assf ecretary Vice-Presidert STATE OF NEW JERSEY ss COUNTY OF SOMERSET On this 4th day of November 19 92 before me per onally appeared Michael B . 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 si his name thereto as Vice -President of said Company by like authority LINDA SMETHERS (Seal) NOTARY PUBLIC OF NEW JERSEY j 01 My Commrssion Expire6D9c a6,1.t919 C A No,ary Pubs c I tra �n< -` ss ef? Sac `A`?•` .yf SEABOARD SURETY COtAPA%'v do''e•?^_ y cert fy tha• •he ong -a Rowe of A to• -ley of wh c- the fo ego no a full true ar d c-,rec+ coca is it i ,I -once and effec, on ,he cia a of this Certificate and I do further certify hat the V cc -President who executed t )e said Pov'er of A• o• er s as 3-ie + r Off c<_`s a n; nzec r, +ne Boa d ,+ D,rec ors is appo,-t an a,+o—ey-r-lac as p,cv oec r Art,cie JII Sectio-i + a ,ne By-Lav,s o' SEABOAPD SURETY COMPANI This Cen ficaL' may be signed and sealed by facsimile under and by authority of the foifowing resolution of ne ExeCULive Committee of the Board of Directors of SEABCASD SoRET'i COMPNNY at a meat ng duly called and heic or) the 25+n day of Marc^ 1970 RESOLVED 2) Tnat • e use o' a printed facsimile of the co•porate sea, of the Company and of the sia-.ature of an Assistant Secretary o^ ar y certificaoor of ne correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII Section 1 of the By caws appoirti-g and au+ho .zing an a+,o nev n-tact to sign ^ the name and on belalf of the Company s ire'y bonds underwriting urder•af i igs or other instruments described in said Ar•icle VII Section 1 w-th like effect as if such seal and such signature hac been manually affixed and made herebv 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 �C 25th day of February 19 93 1927 �� �` ¢' Assistant Secretar, l Nth �� Fo-r, 95- Re. ' 64 nil) 130111) Ile, _ TERRA PAVE, INC. as I'rIncI pa I , a 1111 MERCHANTS BONDING COMPANY (MUTUAL) _ y 101 no y an(l never l ly, 611-1d— ourselves., our Ile i r rlit-o real al Ives:, nlicc_Prsgors And nssigna, as set fot l,h )1ereiri, to 1:1in CITY OF 11UNTING'1'011 BEACH (herein called Owner) for payment of the papal sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID-------------------------- ---- -�------_---- --- Do I arg � $ 10% OF BID----------------- . Iiwflil -mn oey_ �f t: -IrP IlnIted states. I'rinc�lsal I�as submitted Lhe accomisanying bid for the construction of "POLICE DEPARTMENT PARKING LOT EXPANSION" I( the Pr i nc i lea t Is awarded the contract aktid esrte rs i lit u a 111-I tt ell contract, In the form prescribed by Lire Owner, nt the price de+slyoatell Ivy hla bid, nil(] files two bosidn with lire Owner, ,)r' nubstitutP security In lieu thereof, ogre to guarantee payinviil: for- lahcr and materials acid the other to g)tarantee fail:lifisl porformarlcP, in the time and manner specified by the Owner, awl carries all ilisurance in type and amount which corrforrns to Lite c-nilt-racl: documnlrtrs anti furrrietren rerlcrlr-ed cei:Lf f icates a)id nn0r)r-sernr?nt:s thereof, their this obligation shall be null and voids otherwise it shall remain in full force a11d effect. Forfeiture of thin ~sand, or any deposit made in lielr thereof, shah riot preclude UNe Owner from seeking all' other reined ier, provided by law to cover losses sustained as a result of the PrincIval's failure to do any of the foregoing. +' I I Y of Ilurlt- i ri-ll:on 11nac'11 FIC-111 U-21111-01 ('11aOIAC 11111 110nd - 1 of 2 i -i I ►►t- i I'a ) and surot y %grep thAt i f tlIf" OW11" r IS • re1]►1 i Fed t i) "►i•1:trio. tlio Rnrvirf F: of an at.tornin, iii ioti with tIir, 4�i►fr�i-r�ollient of t1lif; linilri, e, -it r.I%, 11 pay owilet''f; reaS011a,14, ;II Ini-r►Py'F; foPr It►c:,trrec] with or wiLhotlL etiit_. F:XQctltf cd oil `FEBRUAARY 1$ - --- 19 -93 TERRA PAVE, INC. f c'oi I?or nt ! nn) By - "`i'"j- - - --- - ---- `Title (At taeli AcknowIecigineiit of Ail thorIzed Represell tat=iVe of PrJncipa Any r_1 rt i ms under t.li i a bond may be addressee.( to: MERCHANTS BONDING COMPANY (MUTUAL) (name and address of Surety) 2425 E. CAMELEACK RA., SUITE 800 PHOENIX, Az 85016 STONG/QUIGLEY INSURANCE SERVICES, INC. (name an(I address of Surety's -------.__---- _-- agent for se: vice of process !it 1O1 COLUMBIA, SUITE 170 Cal iforilia, if cli fferent froin - ---�-----_-ti.�.-�....__._—�. «_ )above) - ._ALISO VIEJO_ CA _92656 (714)362-9208 (Attach Acknowledgment) NOTICE: (telephone dumber of Surety's agent. in (:aiiforllia) B SUIIETY Factj MI UIGLEY 110 Htibstitut:ioit or revision to this bond form Will be tacceptod. Sureties must be authorized to do busitsess iii and Have an agent for service of process in California(. Certified copy of Power of Attorney must -be attached.' (' i 1-y of Ifislit i nrltoil Beach M.'1110-200-01 C)121)1Ac fl i d Botid - 2 of 2 P.`165 6/27/91 STOW-QUIGLI Y D:S SERV INC Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk, State of Iowa, hash made, constituted and appointed, and does by these presents make, constitute and appoint >>A1CHAEL A. QUIGLEY"JID IFER JOIINSIGN<<< >>X<< »>«< Of I RV I NE and State of CA its true and lawful Attomey-in-Fact• with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: >>>ONE MILLION DOLLARS ($1,000,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual) - ARTICLE 2, SECTION 8_ — The Chairman of the Board or Resident or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Companythereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof - ARTICLE 2. SECTION 9- — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by as Vice Resident and Resident, and its corporate seal to be hereto affixed, this `, day of ` - = c be : A D , 19 92 Attest: MERCHANTS BONDING COMPANY (Mutual) .0•'.ta,� Ctir.'. • 1 , By Yc•P.•pC.nr • � - P.•s0•nt = . STATE OF IOWA COUNTY OF POLK ss ` On this day of c t. r . c > .19 -' 2 before me appeared M.J. Long and Rodney Bliss Ill, to me personally known, who being by me duty sworn did say that they are Vice Resident and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument. and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was sighed and sealed in behalf of said Corporation by authority of its Board of Directors_ In Testimony Whereof. I nave hereunto set my hand ana affixed my Official Seal, at the City of Des Moines. Iowa the day and year first above written. •: G. BAfj�O•'• IOWA m +. • Z• • •.� �AIA1- A/ c ►cr A���f QNo:•,y P&'^&c- PO!r ro'nr/ 10—• idr C-01—j", E.D"•f 11.4.95 STATE OF IOWA COUNTY OF POLK ss I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual). do hereby certifythai the above and foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MVFTfWWT&1M_ DING COMPANY (Mutual), which is Still in force and effect- In Witness Whereof. I have hereunto set my hand and affixed the seal of 'he Company, at ALISO- this 18TH day of L'£isr2L;AFY 1993 VIF.JO This power of anorney expires December 31, 1995. FAE 26 ' : 92 INSURANCE COMPANY OF 'FHE WEST P. O BOX 85563 • SAN DIE(;O. CALIFORNIA 02138 5563 WD OR PROPOSAL 130Nl) I.iJUriALt. P, LN tr; IIIE,C f'ilESENIS. Ihdtw.P, 31'ii:. (I,citinafter caltert the principal), slid INSURANCE COMPANY OF THE WEST. a corporation organized and doing bus:ncss ,,.,d3. grid t,y virtue (if the laws of (Ile State of Caldoinia, and duly licensed for the purpose of making, guaranteeing or becoming scle st..;:•; upon lionds of underla4irlgs required or aulhoriied by the laws of the State of as Surety, are Iseld and hrmly hound unto CTTY OF HUNTINUTON bl^ACri (hereinafter called the obligee) irr the just afle :011 SUM of TFN Pf RGI,NT 01 THE AMOUNT OF THE BID P1 AI us (S I Uf.; OF I31 u ) laviful money of the United States of America, for the payment of which, well and tru!y t;, b,: mile, we hereby bind ourselves and our and each of our successors and assiuns, jointly and Severally, firmly by these presents. THE CONUIT10h OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to h,:-L2 in anJ suhrnil to tire obligee a bid or proposal dated 2-25-93 for POLICE IGI-''ARl1I1°NT PARKIN(: LOT EXPANSION a in accurJa,rce with 111e plans artd specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW. THEREFORE, if tha bid or proposal of said principal shall be accepted, and the contract for such work be awarded so the principal thereupon by the said obligee, and said principal shalt, enter into a contract and bond for ilia completion of said v ofk as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN W11 NESS WHEREOF, said principal and said Surely have caused these presents to be duly signed and sealed tllis 23rd day of 14.r RUARY ,19 93 0 WAKFHA K—BAKKIK tN g? HICHAEL A. ICV. CAL 120 Attorruy•;n-F,:ct l INSURANCE COMPANY OF THE WEST a ` HOME OFFICE: SAN DIEGO, CALIFORNIA r Certified Copy of ` _"- - J- POWER OF ATTORNEY /' KfJow► ALL MEN BY T11ESEf rPESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly outhor•izod and existing under the laws of tho State of California and having its principal offico in the City of San Diego, California, does hereby nominate. constitute and appoint: ' Michael A. Quigley Its true and lawful Attor,.ney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute seal, acknowled a and deliver any and all bonds, undertakings, recognizancee or other w►rItten obligations In the nature thereof. This power ot,Attorney�is granted and is signed the following Resolution adopted band sealed by facsimile under and by the authority of y the Board of Directors of INSURANCE COMPANY F THE WEST at a meeting duly called and Ile d on the Sixth day of February, 1973, which said Resolution 11as not .been amended or rescinded and of which the following is a true, full, and complete copys "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-io- Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Hoard of Directors or Executive Cos:mittee may at any time remove such Abterne s••in-Foot and revoke the Pgwer of Attorney given him or herl and be 4 further RESOLVED: That the Attorney -in -Fact may b• given full power to execute or and in the name of end on behalf of the Company any and all bonds and undertakings as the business of the Company may require and any such bonds or undertokings executed by any such Attorney -- in -Fact shall be as bindi.n� upon the Company as if signed by the President and tooled and attested by the Secretary. III WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official tool to bo here- unto affixed and these presents to be signed by its duly outhorized officers this 3rd clay of August. I988 _ e � STATE OF CALIFORNIA C�1npR1D` _OU.TY OF SAN DIEGO INSURANCE COMPANY OF T14E WEST this 3rd day of'AuRust, 1988 before the subscriber, a Notary Public of the State California, in asid f or the County of San Diego, duly commissioned and qualified, come M. FELDMAN, President of INSURANCE COMPANY OF THE NEST, to me personally known to the individual and .officer described in and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, .: he is the sold officer of the Corporation aforesaid, and that the seal affixed to the viceding instrument is the Corporate Seal of the said Corporation, and that the said r--porate Seal and his signature as such officer were duly affixed and subscribed to the Instrument by the authority and direction of the said Corporation. WITNESS VVIEREO", I have hereunto r s t oiler sou NbRMA POMER H7tARr "L1C CAL'I'CO"A C 1• ra,r ;&AL of ri[i iN 1 W, DjtGO MINI 1►, Goy «r f •c J.nwrt S 14M 'E of CALIFORNIA OF SAN DIEGO S5 set my hand and affixed my Official Seal, at the City above written. r _ / � I Dza�7-� u �C the undersigned, JAMES W. AUSTIN. IiI, Secretary of INSURANCE COMPANY OF TI1E NEST, do eoy certify that the original SOWER OF ATTORNEY, of which the foregoing is a full, true correct copy, is in full force and effect, and has not been revoked. N11NESS WIIEREOF, I trove bereunto subscribed my name os Secretary, and affixed the - porote Seal of the Corporation, this Z3RD day of FEBRUARY 19 93 40 Wes_77U--7 x CAL 37(nEV. 5/87) � `I�rpPK.► � D D INSURANCE Ai4c�(' E P.O. Box 85563 San Dlejo, GI 92138-5563 BID OR PROPOSAL BOND KNOW XLL MEN BY THESE PRESENTS: That -e. HAITBRINK ASPHALT PAVING, INC. (hereinafter called the principal), and EXPLORER INSURANCE COMPANY, a corporation organized ar d doing business under and by virtue of the laws of the State of Arizona and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the Just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING F3It------------- Dollars (s 10% OF BID-----) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns. jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS. the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated FEBRUARY 22, 1993 for POLICE DEPT. PARKING LOT EXPANSION in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. Now. THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the pr_ncipal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, :hen this obligation :o be null and void, o:hervise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this day of FEBRUARY 22'-JD 19 93 HAITBRINK ASP!AALT PA�IING, INC. BY: - r 7 5 EXP*. IN CE IPA Y �Y �J,rney- i n-Fact EXP CAL 160 'I IP E. �VGA 10140 Campus Point Drive, San A • 1520 P. 0. Box 85563, San Diego CA 92138-5563 (619) 546-2400 Explorer Insurance Company l HOME OFFICE- SAN DIEGO. CAUFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thal the EXPLORER INSURANCE COMPANY. a Corporation duty authorized and existing under the laws of the State of APIZONA and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: PHILIP E. VEGA its true and lawful Attorney(s)-in-Fact. with full power and authorityhereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duty called and held on the 22nd day of JULY, IW5, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: 'RESOLVED- That the President or Secretary may from time to time appoint Attomeysin-Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her, and be it further RESOLVED: That the Attorney -in -Fact maybe given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require. and any such bonds or undertakings executed by any such Attorney -in - Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary.' IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed byitaduly authorizedofficersthis 22nd day of Decerlber, 1989. 1NSUupa EXPLORER INSURANCE COMPANY c��ty, SEAL c� STATE OF CALIFORNIA "' i, ?oR• ,+ya3 COUNTY OF SAN DIEGO SS: ti! �*' resident On this 2 2 nd day of Dec. , before the subscriber. a Notary Public of the State of California, in and for the County of San Diego. duly commissioned and qualified, carve Bernard Martin Feldman of EXPLORER INSURANCE COMPANY to me personally known to be "tie in- dividual and otficer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and with, that he is :he said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the Said Corporate Seal and his signature as such officer were duly affixed and subscribed to the uiid instrument by the authority and direction of the said Corporation. IN•,WTNESSWHERECF I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written /. \ .. - i 1 J _ 7 T . - bli STATE OF''CAC]FORvII� SS_" Notary ublic COUNTY OF SAN DIEGO I, the undersigned. James W. Austin. Ill. of the EXPLORER INSURANCE COMPANY. do hereby certify that the original POWER OF ATTOR- NEY, of which the foregoing is a full, true and correct copy. is in fall force and effect, and has not been revoked IN WITNESS WHEREOF. I have hereunto subsc:ibed my name as Secretary, and affixed the Corporate Seal of the Corporation. mrs day of r -.9 n cP %Msu 4 o �`opPr:4� e, sf�SEAL of `� Joti• _s EXPLORER INSURANCE CCU?ANY Secretary