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HomeMy WebLinkAboutHILLCREST CONTRACTING, INC. - 1995-11-06SECTION A NOTICE INVITING SEALED BIDS for the YORKTOWN AVENUE WIDENING CASH CONTRACT No. 884 101-5 ill Elie CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS ]JERE BY GIVEN that the CITY OF IfUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated projects 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 P.M. on October 19, 1995. 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 $20.00 nonrefundable fee if picked up, or payment of a $25.00 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 them 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 provisiOTIS of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. 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 maximurn period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 2 1 st day of August 1995. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 I have received the Maintenance Bond for Hillcrest Contracting, Inc., Yorktown St. Widening, England to 350'elo Florida - CC-884- Date& By: d- Hillcrest Contracting Company P. 0- Box 1898 Corona, CA 91718-1898 F-REN^m S VU-0 --Skft-HCE COMPANY THE AMERICAN INSURANCE COMPANY NATIONAL SWEETY CORPOft^?iON ASSOCIATEO N0EwNi1Y CORPOH&IiON AMERICAN AUIOMOOILE INSUPIANCE COMP^KV HOME Orl'ICE SAN TR—C-SCO CALlrORNIA KNOW ALL MEN BY THESE PRESENTS MAINTENANCE BOND L Bond No _jt133197043 PREMIUM: INCLUDED IN PERFORMANCE BOND Thai.— HILLCREST CONTRACTING, INC. as Principal. —?iAZIO??AL--SVFETY�—CORPORATION c nd a corporation organized under ,he laws o! !he State of-.. IL�INO I S —a rid authorized to do a s u rei y b-.;s i r. ess i n :he S!a le of C j.F_QJ&N_LA_ as Surety. c-e held and [jr-ily bcund unto the—.QITX OF HUNTINGTON BEACH -----.—in the sum ol__U4F�NTY—$IX THOUSAND FOUR HUNDRED ..F—IFTY—E GHT DOLLARS AND SEVEN CENTS ------------------------- 7_z__js_j6,4 8. 7 � __Q ), l,wf,l money of the Un.-.ed States of America. for the payment o: which sum well and truly to be made. we bind curselves. our heirs. executors. administrators, successors and assigns. iointly severo!ly. tirrr,!y by these presents SEALED woh our sieuls and dated this. WHEREAS, on the-- the said as contracior. entered into a conlract 'or YORKTOWN AVENUE WIDENING; CC-884 for the sum of TWO HUNDRED SIXTY—FOUR THOUSAND FIVE HUNDRED EIGHTY DOLLARS SEVENTY—ONE CENTS (S. 264,580. 71 —1. and. WHEREAS. under -.he terms of the specihcatio:-s fo� said work. the S'0Lj HILLCREST CONTRACTING, INC. —is - ecluired to give a band for TWENTY—SIX THOUSAND FOUR HUNDRED FIFT`Y—EIGHT DOLLARS AND SEVEN CENTS ------------- --(s- 26,458.07 to protect the against the result of 'aulty iaterL�!S Or WOrkrnaruship for a ;)ericd oi one year from and after the dale oi the completion and acceptance of same. NOW, THEREFORE, if the said HILLCREST CONTRACTING, INC. --shall for a period of one year tirom and alter the date of the comple%0n and acceptance of same by saiL CIT� OF HUNTINQTON U&CH i replace any and oil defects ar.sing in sa:d work whether resulting defective r.a!erLQ1S or defecti-e workmanship. then ;he above obligaiior. to be void. wherwise ;o re-nair. in lull force and effect BY: "'x 360027-4-66 DAVID L. CULBERTSON ATTORNEY —IN —FACT CALEFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE ON' CALXFORN.7--A COUNTY OF ORANGE on6-17-96 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DAVID L. CLTLEERTSON_ personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the nerson acted, executed the instrument. WX my hand and official seal. s� vg,;�)N 1% �andlOr j,aren Ch IM076369 0. A.I CALtIFORNIAD 7r I- r'j­ -C 0 Signature ot Notary Public 'GO 'Al. -E COIJ*41�f 0- C C�,mrr ExV J.%Tch 27. 200 I OPTIONAL Though the data below i3 not required by law, it may prove valuable to person3 I relying on the document and could prevent fraudulent reattachment of thi3 form. DESCMIPTION OF ATTACHED DOCUMENT MAINTENANCE BOND 717LE OR TYPE OF DOCUMENT NUMBER OF PAGES I DATE OF DOCUMENT 6-17-96 CAPAC.rTY CLALZMED 13Y S104M INI)IVIDUAL CORPORATE OFFICER TITLE (5) E] PARTNER(S) FX� ATTORNEY -IN-FACT TRUSTEE (S) C] OTHER: SIGNER IS REPRESENTING NATIONAL SURETY CORrORATION -OmE O� PER50N [ S) OR _7 N717� i S dEN ER.'�L POWEROF ATTORNEY NATIONAL SURETY CORPORATION KNOW ALL MEN BY TKESIE PRESENTS: That NATIONAL SURM CORPORATION. a Corporation duty orjl"zed and existing under the taws -fh, Slate of Illinois. and kavinsits Horricorrice in the CIry of Chicago. County of Cook. State of Illinois. has atade. constituted and appointed, &nd4oes by thew presents make. constitute and appoint --- ])AVID L. CULBERTSON --- ANAREIK CA its true and lawful Attorncy(s)-in- Fact. with full power andautherity hereby conferred in its name. plarcand stead. to execute. "t 2ckrLdawjvAw... A —I:.. — and all bonds. -4ndcrtaking. teca%ruLances at other written abligatioru in %bc name theteof - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - and to bind the Corporation thereby as fully and to the same extzat as it such bonds were signed by the President. scaled with the corporate scal of the Corporation and duly attested by its Secretary. hereby ratifying and couralzing an LW the said Attornvf(s)-in-pacl my do in the premises. TUs power or attorncy is granted pursuant to Article VII, Sections " and 43 of By -Laws of NATIONAL SURETY CORPORATION now in full force and effect - Ardde V I'l. Appolatamt and A u(bority of Residesil Searritarift, Alfonsey-hl-Fwl &ad AStnLr go accW Legat Procen aad h0ke Appeoxamm Section 44. Appoismeor."ne Cbakman of the Board of DEredoM the Preddest. any Vice-PreskUst w "y otbw person authorized by the Baud Directors. The Chairs= of the Dowd of Directors. the Pr=Mmt or amy Vion-Preddtat way, from doe to dme. appoint Resides# Awtlas%l Attor%ty*4*-Fvct to represent and m for and an behalf of Lbs Corporst-L-se slad Agents to seces.! teer-all process a,--d make an ---A Corporauce. Section 4S. Anthoft. The authority of such Raddent Assistant Ae~*rWIL Arfavvhov�J�Va�* —A A —r. u.n L- their appotntsocal. Any web appointment and jL1J1 anthortry *"=NSA tu-Np6w maw" 16.A.O.. malet inch appolationt:1 rws power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Bowd of Directors of NLATIONAL &uxi- CORPORATION at a mccuo$ duty called and held on the 29th day of Juw. 1994, and Wel Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-PreLideni. Asisizutnt Soactary. and Resident Assistant Secretary of this Corporation. and the seat of Corporation may be affixed or pnnted on any power ofattaincy on any revocation of any power ofattorwy, or on anYcerEificate relatinethereta, and any power of utomcy. any revocation of any powcr of anotney, at ccrdficwt bc-a"ma ra-='- facs-Imaile szmar4re of upon the Corporation:* IN WITNESS WHEREOF. NATIONAL SURETY COMRATION has caused these presents to be Signed by iu Vire-Pr&tid&nr. hereunto affixed this 7 2 n d day of A vi 9 it 19 9.14 .VTYC. 4, NATIONAL SURETY CORPORATION Jb BY STATE OF CAUFORNLA C 0 U`NTY 0 F %LkR IN On this 2 2 ri d day of August I M. A. NIallonee - 1.9 __LL before me personally came to me known. who. being try Me duly sworn, did depose &ad say: that he is VIce-President of NA71ONAL SURETY CORPORATION,.t-bc described in and *hich mecuted the above instruzncat; that be knows the seal o f said Cv, pwai;wu .- L4&i LL- --; -:.-" s- -L, sital; that it was so affixed by order of the Board of Directors of said Corpomdon and that hcsigned his name th=uo by like order. IN WIT'.4M WI-MREOP. I have hereunto W my band and affixed my of r1cW seal. the day and year berem f-wn above written. _71 -. OFFICIAL NOTARY SEAL A. KRtEGER Notary Public - CaftrNa *40=7 P.,,.Jr I - ch: WRIN COUNTY Comm. Exo. MAR 20.1905 CERTEFICATE - - - - - - - - - - - - STATE OF CALIFORNIA COUNTY OF %4ARIN 1, the undersigned. Resident Assu=t Sacrctary of NATIONAL SURETY COILPORATION. an ILLINOIS Corporauon. DO HEREBY C7tk-1 !J_rY foretoins and attached POWER OF ATTO RINEY remains um full force and has not been revoked. and rUfL1Cr=0TC that Article VII. SocdOns 4A and Alt 13Y-La-s of the Corporation. and the Resolution of the So" of Directors: sa forth in the Po-cr of Altomcl!. are mow to force. Signed and w-aled at the County of Mann, Dated the I 7TH day of JUNE .ET'r C qM a C-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On before me. NO)TARY PUBUC Daie Nar,.e and T.'Ie ()I 01.cfti (e g . 'Jaqe Doe Nola-y Pvblc*� personally appeared - 91-6-AlAl .7- �5V�MIAYI .(s) 0! 'NamL L,7-`p'ersonally known to me - OR - 01 proved to me on the basis of satisfactory evidence to be the personX whose nameXis/ad subscribed to the within instrument and acknowledged to me that he/s.11:41thX executed the same in his/h I ,pf/thfi4 authorized capac ty(�e<), and that b hisiqe/r/tpitir signature on the instrument the person�7 SHER E:N SCHWNEP or the ent , ty upon behalf of which the personX acted, CC--rL--ZSj()r, ) 1070641 Nc,!-.-ri � tw - Ccj[�ryrja executed the instrument -t-t Aug 27.17.39 WITNESS my hand and official seal- S.gla'w,e ;?Nma-y Put)IC I OPTIONAL Though the information below is not requrred by law. it may prove valuable to persons relytng on the document and could prevent fraudulent removal and reattachment of Mrs form to another document. Description of Attached Document Title or Type of Document: Z2kzL,,�,A_�d�� �e &�jo Document Date- Number of Pages: Signer(s) Other Than Named Above- Capacity(ies) Claimed by Signer(s) Signer's Name: A&)tJ J_ "�SuAY I Signer's Name� F', Individual Corporate Ojficer i Partner —:'-) Limited r I General Attorney- in- Fact Trustee 111M.W101-.11 M-M Guardian or Conservator Other- 7�71 Signer Is Representing- L,_QC Individual Corporate Officer Tittle(s): _.. Partner — C, Limited F i General Attorney -in- Fact Trustee Guardian or Conservator Other: Signer Is Representing - Too C! IhL,-nD he-e 0 1Q95 Nai,pnii Notary Assocwi3n - 8236 Re��ei Ave. P0 Box 71&4 - Carx)ga Pa k CA 51309 7184 P,od No 5CJ-07 qexciet C84TOII-Fr". I-SM-876-6827 HUNIPACTON SLACK TO: FROM: SUBJECT: DATE: IVAROU'r CITY OF HUNTINGTON 13FEACH INTER -DEPARTMENT COMMUNICATION THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records 10% R cc ' 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. VILLELLA, Director of Finance I certify that no stop notices are on file on the subject at this time. Date, IS2, LES JON r-0-"'6ublic Works r irector 7L5 I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY, CitylOerk I certify that there are no outstanding invoices on file. Date.- rl - 9(0 C' D9N-VVAT-Sb­N, City Treasurer L i­ - C. % ri 4-, 0011042.01 03114195 12:57 PM CITY OF HUNTINGTON BEACH Department of Public Works P.O. Box 190 Huntington Beach, CA 92648 Subject: CERTIFICATION OF COMPLIANCE wrrH TITLE V11 OF THE CIVIL RIGHTs ACT AND EQUAL EmPLOYMENT OPPORTUNITY ACT OF 1972 Gentlemen: The undersigned, contractor on: CC-884 Project No. Yortown Avenue Widening Project Title herebv certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards emploved by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the class ifications set forth in the contract or training program provisions applicable to the wage rate paid. ,e�A— Signature and Title: Glenn jV. Salsbury/President DECLARA,r][ON OF SATISFACTION OF CLAIMS 1, — Glenn J, Salabury -, state: 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: Yortown Avenue Widening; CC-884 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 Not -ices to Withhold, which have been filed under the provisions of the statues of the State of California: (if none, state "NONE") I declare, under penalty of perjury, that the foregoing is true and correct. Executed at Corona June 1 19 96 - on this 1 7th day of /1"Sii-nature of Contractor) Recorded in tne County of orange, California Gary L. Granville. Clerk/Recorder 1[!I, ��11 1111111:1,111 Ilill [IJ�I 11111 No Fee WHEN RECORDED MAIL TO L C I. CITY OF HUNTINGTON BEACH 19960263881 10-21am 05/28/96 Office of the City Clerk 509 i8@00890 18 30 P O-BoxI90 N12 1 0 7.eO 0.00 0 00 0.00 e 00 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee. 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of I funtington Beach, California to HILLCREsT CONTRACTING, INC. who was the company thereon for doing the following.work to -wit: YORKTOWN STREET WIDENING, ENGLAND TO 350 FEET E/O FLORIDA - CC-884 INTEREST: Easement That said work was cotnplcted Mav 20. 1996 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, May 20, 1996. That upon said contract National Surety Corporation was surety for the bond given by the said company as required by law - This document is solcIv for the official business of the City of Huntington Beach, as contemplated under Govemment Code Section 6103 and should be recorded free of charge Dated at Huntington Beach, California. this 21st day of May 1996. City Clerk and ci�qfficio C)Ok of the City Council1of the Citv of Huntington Br-ach,,California STATE OFCALIFORNIA County of Orange ss- City of Huntington Beach 1, CONNIE BROCKWAY, the duty elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certifv 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 Tecorded in the Office of the County Recorder of Orange County by said Ci-Tv Council Dated at Huntington Beach, California, this 21st day of May, 1996. City Clerk and-Ex-officlo Cl of the City Counc,il of the ity of Huntington di�ich, California glfollowuji�-Plp (51 CITY OF HUNTINGTON BEACH 4tffA-" I)rw MEETING DATE: May 20,1996 DEPARTMENT ID NUMBER: PW-96-030 Council/Agency Meeting Held: 5 J.16)9L Deferred/Continued to-- "pproved 0 Conditionally Approved Ell Denied I Li" City Clerk's Sigga—ture . . & Z ICounc -11 Meeting Date- May 20, 1996 Department ID Number. PW-96-030 I CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administra r PREPARED BY: Tes M_ Jones 11, Director of Public Worksll_�IL SUBJECT: Yorktown Street Widening CC-884/ Acceptance of Improvements IStatement of Issue. Funding Source, Reconwriended Action, Alternative Action(s), Analysis. Environrmntal Status, Attachnieni(s) I Statement of Issue: Hillcrest Contracting has completed the construction of the Yorktown Street Widening, England Street to 350' E/O Florida Street-, CC-884. Funding Source: Sufficient Gas Tax and Community Development Block Grant funds were authorized for this project - Recommended Action: Accept the improvements for CC-884 and authorize the City Clerk to file the Notice of Completion - Alternative Action(s): N/A Analysis: On November 11, 1995, Council awarded a construction contract to Hillcrest Contracting to construct spot widening along Yorktown Avenue, from England Street to 350' E/O Florida Street- The construct -Ion of these improvements is now complete per the plans and specifications,- therefore, the Director of Public Works requests that the Not -ice of Completion be filed by the City Clerk. 0018536.01 -2- 05103196 4:49 PM REQUEST FOR COUNCIL ACTION MEETING DATE: May 20,1996 DEPARTMENT ID NUMBER- PW-96-030 The following is a summary of project costs, Contract Amount Change Orders Supplemental Expenses Council Approved $239,957-00 $30,043-00 $10,000-00 $280,00-00 Actual Expenditures *$248,393-25 $16,187.46 $8,910.59 $273,491-30 *Contract amount reflects actual quantities placed on the project . The bulk of the extra quantity was for additional asphalt concrete used due to an unusual variation in street cross slopes - Environmental Status: Council approved Negative Declaration No- 93-4 U, i F M City Clerk's Page Number MTUUERC�gd 0018536.01 -3- 05/09/96 1:25 PM fe L01 L11 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 22, 1996 Gary L_ Granville, County Clerk -Recorder P. 0- Box 238 Santa Ana, CA 92702 Dear Sir- CALI FORNIA 92648 Enclosed please find a Notice of Completion to be recorded and retumed to the Office of the City Clerk, City of Huntington Beach, P, 0- Box 190, Huntington Beacb, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, Connie Brockway City Clerk CB -cc Enclosures g-',ccmscp11tr 1'relophone., 114-536-5227) WHEN RE -CORDED MAIL TO -- CITY OF HL NITINGTON BEACH Office of the City Clerk P 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS 14EREBY GIVEN by the City of Huntington Beach, owner -in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to HILLCREST CONTRACTING, INC. xlho was the company thcrcon for doing the foflowingAork to -wit: YORKTOWN STREET WIDENING, ENGLAND TO 350 FEET E/O FLORIDA - CC-884 INTEREST: Easement That said work was completed May 20, 1996 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 %vas accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 20, 1996. That upon said contract National Surety Corporation was surety for the bond given by the said company as required by law - This document is solely for the official business of the City of Huntington Beach, as contemplated under Go-emment Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 21st day of May 1996- If City Clerk and ex-officio CIA of the City Council of the City of Huntington Beach, California STATE OF CALLFORN'IA ) County of O=ge 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 21st day of May, 1996. 2�� - — City Clerk and ex-officio Ci�Fr of the City Council of the City of Huntington Beach, California 8 IfO110%liplivirvigs l 16 .44 "fir e�-L-j CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 21, 1995 Hillcrest Contracting, Inc. Post Office Box 1898 Corona, CA 91718-1998 CA LI FOR NIA 92648 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction or Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount Of Work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted Should you have any quest -ions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-544 1. Sincerely, 4�� &,-� Conrue Broc",av, CNIC Citv Clerk CB:cc Enclosure: Contract g fbilowuplcashcon Declaration of Satisfaction Certificate of Compliance Copics/bonds, insurance iTsitphons.- 714-53"227) �;Z J&e,� D?a) CfTY OF HUNTINGTON BEACH MEETING DATE: May 20,1996 DEPARTMENT 10 NUMBER: PW-96-030 Council/Agency Meeting Held: J I /,a6 Deferred/Continued to- R-Approved U Conditionally Approved C3 Denied Ay�_t City Clerk's SigKaiture Council Meeting Date: May 20, 1996 Department ID Number: PW-96-030 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administra r PREPARED BY: —Ces M. Jones 11, Director of Public Works SUBJECT: Yorktown Street Widening CC-8841 Acceptance of Improvements Statement of Issue. Funding Source. Recommended Action, Atternative Action(&), Analysis, Environmental Status, Attachment(s) I I Statement of Issue: Hillcrest. Contract-Ing has completed the construction of the Yorktown Street Widening, England Street to 350' E/O Florida Street; CC-884. Fundinq Source: Sufficient Gas Tax and Community Development Block Grant funds were authorized for this project. Recommended Action: Accept the improvements for CC-884 and authorize the City Clerk to file the Notice of CDMpletion. Alternative Action(s): NIA Analysis: On November 11, 1995, Council awarded a construction contract to Hillcrest Contracting to construct spot widening along Yorktown Avenue, from England Street to 350' E10 Florida Street- The construction of these improvements is now complete per the plans and specifications; therefore, the Director of Public Works requests that the Notice of Completion be filed by the City Clerk- "- A\ 1c; 0018536.01 -2- 05103196 4:49 PM REQUEST FOR COUNCIL ACTION MEETING DATE: May 20,1996 DEPARTMENT ID NUMBER: PW-96-030 The following is a summary of project cost& Contract Amount Change Orders Supplemental Expenses Council Approved $239,957.00 $30,043.00 $10,000-00 $280,00-00 Actual Expenditures *$248,393.25 $16,187.46 $8,910.59 $273,491.30 *Contract amount reflects actual quantities placed on the project . The bulk of the extra quantity was for additional asphalt concrete used due to an unusual variation in street cross slopes - Environmental Status: Council approved Negative Declaration No. 934 City Clerk's Page Number MTU-.LJ-ERC-.gd 0018536.01 -3- 05109/96 1,25 PM I REQUEST FOR COUNCIL ACTION MEETING DATE: 11/6/95 DEPARTMENT ID NUMBER: 95-074 CouncillAgency Meeting Hel& //— 4 — �� Deferred/Continued to.- feaA222 .1 Approved U Conditionally Approved Ll Denied Y City Clerk's Signatfirie Council Meeting Date: 11/6/95 Department ID Number- 95-074 REQUEST FOR COUNCIL ACTION SUBMITTEDTO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator s PREPARED BY: ALVES M_ JONES 11, Director of Public Works DAVID C. BIGGS, Director of Economic Development 4W SUBJECT: Yorktown Street Widening, England Street to 350' E/O Florida Street-, CC884 / Authorization to Award Construction Contract Statement of Issue, Funding Source, Recouunended Action. Altemative Action, Analysis, Environmental Status, Statement of Issue: On August 21, 1995, the City Council authorized a call for bids for the Yorktown Street Widening Project. Funding Source: CDBG funds totaling $225,000 are available in account number E-HO-ED-844-6-32-00. The balance of the construction costs, $55,000 are available in Gas Tax account E-SF-PC-884- 6-32-00. Recommended Action: (1) Accept the low bid submitted by Hillcrest Contracting, Inc., P.O. Box 1898, Corona, Calif- 91718-1898, and authorize the Mayor and City Clerk to execute an appropriate contract for the Yorktown Street Widening, England Street to 350' E/O Florida Street; CC884; for a total bid amount of $239,957-, and (2) Authorize the Public Works Department to expend a total of $280,000 to cover the contract amount of $239,957, estimated construction change orders of $30,043 and supplemental expenditures of $10,000. Altemative Action(s): Reject all bids, do not proceed with the construction and jeopardize CDBG funding. 0015133.01 -2- 10125195 11-17 A6/ 11 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/6/95 DEPARTMENT ID NUMBER: 95-074 Analysis: On August 21, 1995, the City Council authorized a call for bids- The project is comprised of spot widenings along Yorktown Ave from England Street to 350' E/O Florida Street. The Fioncla/Utica Task Force has identified this as an extremely important project. This project is necessary to establish a safe street with sidewalks and to eliminate building obstructions and localized pond-Ing of water. This project is the first phase of a three phased project that will, ultimately, complete the widening of Yorktown Avenue from Delaware Street to Beach Boulevard. The later stages of the project are designed and will be brought to Council for approval once right-of-way and construction funding have been established and the right-of-way has been acquired. Contract Amount Project Change Orders* Project Supplementals' $239,957-00 $30,043-00 $10,000-00 TOTAL $280,000-00 *— The amount identified includes the standard 10% limit set by Resolution Number 4896, but it also includes additional funds for portions of sidewalk, curb and fencing that was inadvertently omitted from the original bid schedule **--Examples of supplementals include soils, concrete and compaction testing, utility hook- ups and special inspect -ions. The Engineer's estimate of the total construction cost of the base bid, Including change orders and supplementals, was $280,000 Bids were received on October 19,1995, and are listed below with the bid amount, CONTRACTOR 1. Hillcrest Contracting, Inc. 2. Hillside Contractors, Inc. 3- SRD Construction 4- Griff ith Company 5- Sulley-Miller Contracting, Co 6. Gillespie Construction, Inc- 7. Excel Paving Company 8. Kennedy Pipeline Company 9. Southpaw Construct -Ion, Inc. BASE BID $239,957.00 $244,085.00 $248,547-00 $249,711-00 $250,432.50 $263,567.00 $270,803.00 $278,328-00 $306,411 50 0015133.01 -3- 10125195 11:14 AM REQUEST FOR COUNCIL ACTION MEETING DATE: 1116/95 DEPARTMENT ID NUMBER: 95-074 Environmental Status: August 21, 1995 Aftachment(sl: FF, ERC Council Approved Negative Declaration Number 93-4 on Project Location Map Contractor Reference Check 0015133.01 10/25195 11:14 AM PACIFIC m BOLSA AVE, L) u L co 10 Mc FADDEN �AVE. 2�EDINGER Ln AVE. <. L) 2 —1 < 0 Z: U < 0 0 Ln 0 cr Ln 0 cr AVE. Fx CYHEIL cc Z m 0 �_: V) (r 0 cr < B: 0 < V) WARNER ul 0 Li 0 AVE. V) I Z�LA IER IAVE_ TALBERT AVE- ELLIS A GARFIELDly 4, 1 /' I YORK TOWN A VENUE ENGLAND TO .350' EIO FLORIDA CC- 884 OCEAN 'I �405 Ln 7n� Ln AVE. 0 K AVE -1 ADAMS AVE. (Y INDIANAPOLIS AVE. TLANTA 0 AVE. 0 0 z m HAMILTON - T AVE. qA BANNING 9 ANNING VF -PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS UA INT) CITY Of HUNTINGTON BEACH to INT1,'RD1.PARTM1'NTAL COMMUNICATION TO: Cash Contract File 884 FROM: Eric R Charlonne, Civil Engineering Assistant SUBJECT: REFERENCE CHECK ON HILLCREST CONTRACTING, INC. DATE: October 20, 1995 QUESTIONS City of Santa Ana 1, Did Contractor work well with your agency? 2, Supervision: a. Did they change personnel during the job? b. Were there any problems vi/ith subcontractors or suppliers (Stop Notices)? 3. Scheduling: a. Did general and subcontractors work consistently on the project? b. Was the project completed on time? 4 How was the quality of the work? 5. Would you hire this general contractor again? 6 Are the contractors and subcontractors licenses current and verified with State Contractors License Bureau? Yes 7. Comments: ERC�gd Dave Irban Yes City of Colton City of Anaheim City of Corona Tim Wilson Glenn Bagley Larry Faye Yes Yes Yes No Yes, but was not a problem No No Yes Yes Good Yes No, but did not delay project Yes Good Yes Contractor had a tendency to file Change Orders No M Yes Yes Good Yes No Yes Yes Very Good Yes Mr, Faye was a contracted agent for the City 0015151.01 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Yorktown Street Widening L COUNCIL MEETING DATE: November 6, 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attomey) Not Applicable Certificates of Insurance LAeproved bX the q�ty AttorneX) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS NONE ARE APPLICABLE REVIEWED RETURNED FORIqMWED Staff .Administrative Assistant City Administrator (initial) City Administrator (Initial) City Clerk EXPLANATION FOR RETURN OF ITEM: FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HILLCREST CONTRACTING, INC., FOR YORKTOWN WIDENING PROJECT (CC 884) 1. 2- 3- 4. 5. 6. 7. 8 9. 10- 11 12 13 14 15- 16 17. 18. 19. 20. 21. 22. 23- 24- 25- 26- 27- 28 29- 30 31. 32 33. 34. 35- 36 37- 38- 39 40 41- 42 43- 44. 45. 4& 47. 48. I&LE QF CONTENTS Paae No - STATE OF WORK; ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK. PLANS 2 COMPENSATION 3 COMMENCEMENT OF PROJECT 3 TIME OF THE ESSENCE 4 CHANGES 4 NOTICE TO PROCEED 5 BONDS 5 WARRANTIES 6 CALIFORNIA FAIR EMPLOYMENT 6 CALIFORNIA PREVAILING WAGE LAW 6 CALIFORNIA PREVAILING WAGE LAW - PENALTY 6 CALIFORNIA EIGHT HOUR LAW 7 CALIFORNIA EIGHT HOUR LAW - PENALTY 7 PAYMENT OF TRAVEL 7 EMPLOYMENT APPRENTICES 7 PAYROLL RECORDS 8 INDEPENDENT CONTRACTOR 8 LIQUIDATED DAMAGESA)ELAYS 8 DIFFERING SITE CONDITIONS 10 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 11 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 AFFIDAVITS OF SATISFACTION OF CLAIMS 12 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE, ADDITIONAL INSURED 14 DEFAULT & TERMINATION 15 DISPOSITION OF PLANS, ESTIMATES AND OTHER 15 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 16 NOTICES 16 CAPTIONS 16 FEDERAL PARTICIPATION 17 DAVIS-BACON ACT 17 DISCRIMINATION 17 EQUAL EMPLOYMENT OPPORTUNITY 17 COPELAND ACT 18 CONTRACT WORK HOURS is CLEAN AIR ACT 19 ENERGY CONSERVATION 20 HOUSING AND URBAN DEVELOPMENT 20 LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 ATTORNEY FEES 21 ENTIRETY 21 NKIWIDENING/10126MS FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HILLCREST CONTRACTING, INC. FOR YORKTOWN WIDENING PROJECT (CC 884) THIS AGREEMENT is made and entered into on this 21st —day of December_, 1995, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY." and HILLCREST CONTRACTING, INC., a California corporation hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as Yorktown Avenue vAdening project in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor. plant, tools. equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work 3tKtW1DEN1NW0r26/95 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 CONDITIQNS QF WORKE PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed. and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1994 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 2 3A(MiDENuc./I Or2&S5 Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A n) ; E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if 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), vAthout whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 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 Two Hundred Thirty Nine Thousand Nine Hundred Fifty Seven Dollars ($239,957) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT QF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT 3 3fK,WJDMNW1V2&% to complebon within two hundred (200) calendartworking days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings. details and samples. and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions 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 on 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 authohzed in wrifing 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 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 3/KWDENiW10r2&Q5 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a wriften cost proposal reflecbng the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR-. thereupon, CITY %vill 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 the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall. prior to entering upon the performance of this Agreement, furnish the following 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 CITYs 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. 5 MUMDEWNW10/26M 9. WARRANTIES The CONTRACTOR uncondibonaliy guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective Rem 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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of industrial Relations of the State of California the general prevailing rate of per them wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by CaMornia Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Qode, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five 6 3WacENiNW1Gr2GW dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code. regarding the employment of apprentices, is applicable to this p. 7 3MMIDENINW110/21M 17. PAYROLLRECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per them wages paid to each journeyman, apprentice or worker employed by it in connecfion with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. 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 working/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 YAII pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars 8 3AvWi0ENiNG/10r26/95 ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons 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 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 9 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 claim 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. 20 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 to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are 10 3/KM1DENWW10reW95 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 fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantifies used in construction of the PROJECT are in variation to the quantifies 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. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work. will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made. the CONTRACTOR may be paid such sum as will bring the payment 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 11 31KjWiDENiNW1 Or2W5 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. 23. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivatent, to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Nofices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. 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. 26. 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 resuifing from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property. arising direcVy or indirectly out of the obligations or operations herein 12 3rKrWiDEN"W1 OrMSS undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence. sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance. including coverage for bodily injury. property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property 13 damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limd, such limit shall be no less than One Million Dollars ($1,000.000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDQRSEMENTS 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 coverage as required herein: said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall 14 3tKMiDENwW1W2&95 pay, in a prompt and timely manner. the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Addibonal Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work with -in the fime specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent. or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon complefion 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. 15 31KWDENiNG11 OrZG(95 32. 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. 33. 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 violabon of Califomia Government Code sections 1090 et seq. 34. STOP NOTICE& RECOVERY OF ADMINISTRATIVE COSTS CITY shall be enUtled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing Of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrafive 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. 35. NOTICES All noUces required or permitted hereunder shall be delivered in person or by registered or cerUfied mail to an authorized representafive 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 wifting by such party. 36. CAPTIQNS Capbons of the sec-fion of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, 16 WKWDENiNG/1 Qr26/95 modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply. and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per them wage as determined by the Secretary of Labor in accordance with the Davis - Bacon Act (40 USC section 176a, at seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES. ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals. or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed. national origin or sex - CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQQAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 31KWOENiNWI a26M CONTRACTOR is required to have an affirmative action plan Which declares that it does not discriminate on the basis of rare, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as 18 3h"DENING/1 Or26/95 supplemented by Department of Labor regulaflons (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15-20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating facilities. 19 31KJW0EN1NW10r26M (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements- 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relat.ing to energy efficiency which are contained in the State energy conservabon plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. 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 services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 20 3/KwDENiNW10rZ6W 47. ATTQRNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 48. 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. HILLCREST CONTRACTING, INC. CITY OF HUNTINGTON BEACH, A municipal corporation of the State of lifomia By: E��G. Lindholm, President By: n X Salsbury, Secretary ATTEST: 4�� City Clerk 21 Mayor APPROVED AS TO FORM- �ii_" I y A t t o M e y 2 INIT49TI of AND APRROVED: 3hMiDEmNW10r26W PROOF OF: PUBLICATION STATE OF CALIFOkN[A) SS. County of Orancre b t am a Citizen of the United Stat6s and a resident of the County aforesaid; I am over the ag ge of eighteen years, a�nd nat'a party to, or interested in the below entitled matter. I am a principal clerk of the.HUNTINGTON BEACH INDEPENDENT, a newspa er of general. circulation, printed and PuElished in the City of Huntington Beach, Count , y 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 - Fountai - n -.- Vd1ley issues of said newspaper to wit the issue(s) oft September 21, 1995 September 28, 1995 octbber 5, 1995 i declare, under penalty of perjury, that the foregoin� is true and correct. Executed on oatober 5... 1995 at Costa Mesa, California. Signature PURUC NOTIC11 2 t.; I T"O AGENCr hereby - MS. ARTMUZ Van" Viet ml. "-I — — — ;;I NOTIC1111 "r 4 ZZ111111" DWS poll' b;7woldew ftx porheWtV to submit bid:% TIM VORKTOWK,� response to this notice and be discl-WW-d AVMMZ 11111111091111110161 v11 nct against on Me Me' of CASm CONTRACT, race, color. natiortall orVN xO6 8" Inca". Sex. or reftion In )"the My considers"M Wading ;%sawardolcontract. ifuNTOEOTOMom".- PUBLIC NOTICE 13' r No bid shall! be COnsid- HEREBY GrVEN " the- ered UnIfts It Is prepared CITY OF HUNTINGTON' ="i,*tffn=Pn0M.P= BEACH. as AGENCY. Irw- Ates s"ed bids for the' the MUMS— 10 Bidders- I above -Stated Tho bld must be ac- will reew" =%8nl'n "od Z a cart1fled the a" *1 the CNy Clark. = a check or SecoW floor, 2000 meM blddees bond rnado pay6l able to the AGENCY for an I anxxrd no leve then 10% tuxe of 2:00 P-K on OC10- Of the amount bl(L The bar 19, 19M Side. wff be R=GssfLd bidder shell be pubW1 open In the Cmw. licensed In accordance CO Chambers unless other., wth prcrAsionS of the Buell - wise po2kxL - I Mos and Professions Code Copies' of tht Plans, and MW possess a State spectRewons, ". con." Contractor Lkwwe 0ass tract documerft we well. 83 the tlmfs� the bid open - able tom the ONIco at Ow k1g. The vicceathd IZ4& Director 01 publio Works, tractor " his subcontrao. 2M Main Wp*L 14un*Q2 ton Bted% CA 9264k Upon I Mrs wM be required to po* sets business licenses of a UO.00 rxxvre- 6 "m the AGENM fte it pic"d up. C' MOD rKmi- I - The AGENCY reeerwii the riptit to F*6a my or as bids. to wv" arri Irrogtilar- 1P:"'w 1b4@*fM ri ffmjkxL , Arry contract ~W Irft Ky er�d to Jak* al bids to DIAS rMA100 wig under adWswnent for 0 the meximum Period. C4 W S the State Labor C06L - �17'01`toi - to "10 t 8 M ef Jh% CM ft L&b*r Code 01 the Lati I COUNC& of the My 010 _ Soft 01 00br"K the Mil 'HUNTINGTON BEACH.- I CALIFORNLk the 21st day 'b"M prvvx" roe of per of AuVU3I 19M "=ftr:7h M4 ( " A"serb Connie Drockw lworkrran needed to 9*.: CITY CLIERK OF 11;4 saft the Controct shall be MY OF MUFMINGTOM those determIned by the Dlftv-lor of Industrial Relad tlonsofthostatfofcwft-� Published Huntington. n1a. wNch are on Me at the' aeach.F",dai, vaney In. �1 OMM of the Director of Septembeir 21,1" idependent Works. 20DO Main 28, October 5. 190 - I OWN- salts 093-71 ,Publl* allru�von The AGENCY wm d9dud' 10% retention from all' "rogre3v Payments. The or 2% substflule 11 1,.. hol swey of *QuW VOut 10 the retention Ivislons h accordance wn - of via C :16UM2111 Code. Secton 459M The Contracior shal IGowwrtrrient be lb—a%cled owner of the surety and shall r&cWq ,SAY -L ,ql (q �—, UD 0 1-4r,,3A4�* CounciVAgency Meeting Held: _;t1_qs Deferred/Continued to: Lie= KApproved C3 Conditionally Approved U Denied (/City Clerk's Signature' F e Council Meeting Date- AUGUST 21, 1995 Department ID Number PW-95-054 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator pe_- PREPARED BY: LES M. JONES 11, Director of Public Works L.- RAY SILVER, Acting Director of Economic Develop SUBJECT: Yorktown Street Widening Project, England Street to 350' E/O Florida Street-, CC884 / Bid Call Statement of Issue. Funding Source, Recommended Action. Alternative Action, Analysis. Environmenta.1 Status, Attachment(sl Statement of Issue: The City has acquired right-of-way along Yorktown Avenue between England Street and 350' east of Florida Street in anticipation of the subject construction project- The plans and specifications for the Yorktown Widening (Phase 1) project are complete and ready for approval and project bidding Fundinq Source: CDBG funds totaling $225,000 are available in account E-HO-ED-844-6- 32-00, The balance of the construction cost of $55,000 is available in Gas Tax account E-SF-PC-884-6-32-00- Recommended Action: 1 . Approve Negative Declaration Number 93-4 for the Yorktown Widening Project, CC884, and 2. Approve project plans and specifications and authorize the Director of Public Works to solicit bids for the Yorktown Widening Project, CC884, pending site clearance at 704 Yorktown, and 3. Approve the attached sample contract, subject to award of the contract to the lowest responsive bidder. Altemative Action(s): Cancel the construction project and re -allocate the funds for some other purpose- REQUEST FOR COUNCIL ACTION MEETING DATE: AUGUST 21,1995 DEPARTMENT ID NUMBER: PW-95-054 Analysis: Staff has completed the design for the project which is comprised of spot widenings along Yorktown Avenue, from England Street to 350' east of Florida Street. The Flonda/Utica. Task Force has identified this as an extremely important project. The project is necessary to establish a safe street with sidewalks and to eliminate building obstructions and localized ponding of water- The engineer's estimate for this project Is $280,000 This project is the first phase of a three phased project that will, ultimately, complete the widening of Yorktown Avenue from Delaware Street to Beach Boulevard. The later stages of the project are designed and will be brought to Council for approval once right-of-way and construction funding have been established and the right-of-way has been acquired. Environmental Status: Pursuant to the environmental regulations In effect at this time, the Department of Community Development advertised draft Negative Declaration No- 93-4 for twenty one days and no comments were received- The Negative Declaration was approved by the Zoning Administrator on April 8, 1993- Staff recommends that the Council approve Negative Declaration 934- Attachment(s): 1 - Project Location Map 2. Sample Contract 3 Negative Declaration City Clerk's Page Number 0013650.01 -2- 08/08195 4:18 PIVI -) I > I 14, 901-SA AJA co (n Lrl Ln m c F ADDLN IAVE ED N E IR AVE. < < Ln Ln > L z 0 HEIL a: < AVE all cr — — — < I ,:� U'. ch 'p Li ui 0 C:' WARNER AVE N. T. S. SLATER AVC. 0 V A NV 405 IAL�CRI AVl—.j Ln IL PACIFIC ELLIS [AVF. A'V E . V) < c AMS— AVE. INIDIANAPOLIS 1 AVC. T <I YORK TOWN A VENUE fr AILANTA AVE m ENGLAND TO J50' EIO FLORIDA < CC-884 CL, iAmu.T(;NCl)j AVE OCEAN BANNIN,; AVE. I .PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH I La 5/11 /94 DFPARTmFNT OF PUBLIC WORKS G: \ACAD\CC884\a54l—CC L)Wr, FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR YORKTOWN WIDENING PROJECT (CC 884) TABLE OF CONTF__NTS Page No- 1. STATE OF WORK ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK-. PLANS 2 3- COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7- NOTICE TO PROCEED 5 8- BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11- CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW - PENALTY 6 13- CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW - PENALTY 7 15- PAYMENT OF TRAVEL 7 16 EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 is- INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGr:S/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23- WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25- WAIVER OF CLAIMS 12 26. INDEMNiFICATiON. DEFENSE. HOLD HARMLESS 12 27- WORKERS COMPENSATION INSURANCE 13 28 INSURANCE 13 29. CERTIFICATES OF INSURANCE-. ADDITIONAL INSURED 14 30- DEFAULT & TERMINATION 15 31- DISPOSITION OF PLANS, ESTIMATES AND OTHER 15 32 NOWASSIGNABILITY 16 33- CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35- NOTICES 16 36- CAPTIONS 16 37- FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40- EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44- ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46 LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47 ATTORNEYFEES 21 48- ENTIRETY 21 3tKWIC)ENING/7/12195 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR YORKTOWN WIDENING PROJECT (CC 884) THIS AGREEMENT is made and entered into on this day of 1995. by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as YorMown Avenue widening project in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work-, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK-, ACCEPTANCE OF RISK CONTRACTOR shall furnish, at Its own expense, all labor, plant, tools, equipment, supplies. transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work 1 SAMPLE 3KMIDENINGU1112195 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 of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site. and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors. if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement: B. Bonds covering the work herein agreed upon-, C. The 1994 edition of Standard Specifications for Public Works Construction, published by Buildees News. Inc, 3055 Overland Avenue, Los Angeles, Califomia 90034, and all amendments thereto. written and promulgated by the Southern California Chapter of the American Public Works Association and the 2 SAMPLE 31KAvi DEN iNCJ711 2195 Southern California District Associated General Contractors of the California Joint Cooperative Committee'. D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if 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. 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 Dollars (S ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of 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 3 SAMPLE 31KIWIDEWNGR1112195 to completion within two hundred (200) calendar/working days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of -its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate -its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT. in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions 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 prio6ty of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on 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 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 SAMPLE 31KAvi[)EPjjNCw?/12j95 N When directed to change the work. CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delayin commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following 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. 3/KNViDEN1NGR11Z(95 5 SAMPLE 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, anyinstatlation. fabrication. material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items- Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices 'in accordance with the California Government Code sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per them wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the off -ice of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee- 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five 6 SAMPLE UKMIDENING7112195 dollars ($25) for each calendar day or port -Ion thereof for each worke( paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Sect -Ion 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with C.alifornia Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Sect -Ion 1777-5 of the California Labor Code, regarding the employment of apprentices, is applicable to this P. 7 SAMPLE NKNviDENiNGJ7112195 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deduct -Ions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any. in connection with the PROJECT. 19. 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 working/calendar days as set forth herein, damage will be sustained by CITY-, and that it is, and would be, impractical and extremely dilficult 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 wiil pay to CITY. as liquidated damages and not as a penalty. the sum of 8 SAMPLE 31rvWicENiN,;)7112195 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 in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons 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 worlK 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 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 9 SAMPLE 31KJW1DENit4R11 2f95 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 claim 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- 20 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 mateirially 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 to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are 10 SAMPLE 31Krvv1Dr:N1NG/7/12'95 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 fact 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. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment 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 11 SAMPLE 31KNV1DENiNGf7/12r95 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. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR. who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or mateirial, except certain times, 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- 25. 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. 26. 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 12 SAMPLE 31KNvIDENINCV711 2195 undertaken by CONTRACTOR, including those arising from the passjve concurrent negligence of CITY, but save and except those which arise out of the active concurrent 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 fees incurred by CITY -in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation-. CONTRACTOR covenants that -it Will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars (S250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage. products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property 13 SAMPLE 3/K1w1DEN1NG/7112f95 damage liability insurance. All insurance shall be underwritten by ins,urance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1.000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit. such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE� ADDITIONAL INSURED ENDORSEMENTS 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 coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement- CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance- CONTRACTOR shall 14 SAMPLE 3/KJW10EN1NG/'7112,S5 pay, in a prompt and timely manner, the premiums on all insurance policies hereunder 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. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, of is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may. without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement-, in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN, 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. calculaticris. maps and other documents pertain-Ing to this Agreement shall be delivered to CITY and become -its sole property at no further cost. 15 SAMPLE 3tKiwiDENims-Rii 2195 32. 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. 33. 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- 34- STOP NOTICESm RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing Of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S100) 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. 35. NOTICES All not -ices 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. 36. CAPTIONS Captions of the sect -Ion of this Agreement are for convenience and reference only. and the words contained therein shall in no way be held to explain, 16 SAMPLE 3/KAviDENiNGf7i1 2/95 modify, amplify or aid in the interpretation, construction or meaning c�f the provisions of this Agreement. 37� FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per them wage as determined by the Secretary of Labor in accordance with the Davis - Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement- CONTRACTOR agrees to comply with all applicable federal labor standards provisions: said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 SAMPLE 3IKtWIDENiNGf7/12/95 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin. sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers - Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq )prohibits job discrimination and requires affirmative act -ion to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti- Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations. which Act provides that each shall be prohibited from including, by any means, any person employed -in the construction, completion, or repair of public work, to give up any part of the compensation to which he -is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 ef seq.) as 18 SAMPLE 3JK/W1DEN1NG/7/12f95 supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours- Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construct -ion, safety and heafth standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15-20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder- (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the oirector. office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating facilities. 19 SAMPLE WKWIDENiNG17112/95 (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules. regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. 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 services contemplated hereunder- CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 20 SAMPLE UKAVIDENING/71112195 47. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 48. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers, the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chairman/PresidenVVice President By: print name ITS: (circle one) Sectetary/Chief Financial Officer/Asst. Secretary - Treasurer ATTEST: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor APPROVED AS TO FORM: L C,- Jl�� n to L'c- City Attorney INITIATED AND APPROVED: City Clerk Director of Public Works REVIEWED AND APPROVED: City Administrator 21 SAMPLE 31K?WiDENINC47112/95 OFFICE of ZONING ADMINISTRATOR CITY OF HUNTINGTON BEACH -CALIFORNIA NOTIQE OF ACTION April 8, 1993 P.O. BOX 190-92648 PHONE (714) 536-5271 Petition/Document: DRAFT NEGATIVE DECLARATION NO. 93-4 Applicant: City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA 92648 Request: Installation of street improvements along the below segment of Yorktown Avenue to bring the street up to its designated primary arterial capacity. Improvements include street widening and the installation of curb, gutter, and sidewalk and will require the acquisition of a total of nine (9) parcels along the north and south sides of Yorktown Avenue. Installation of improvements will involve the removal of seven residential units. Location: Yorktown Avenue between Delaware Street and Beach Boulevard. Dear Applicant: Your application was acted upon by the Zoning Administrator of the City of Huntington Beach on April 7, 1993, and your request was Approved. Included in this letter are the Mitigation Measures for this application. Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Commission by you or by an interested party. Said appeal must be in writing and must set forth in detail the action and grounds by which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of Two Hundred Dollars ($200.00) and submitted to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action. The last day for filing an appeal and paying the filing fee for the above noted application is April 19, 1993. Draft Negative Declaration No. 93-4 Page Two MITIGATION MEA5QRES: 1. Prior to initiation of street improving construction, the Department of Public Works shall replace at a one to one ratio all trees which will be removed as a result of the street improvement project. Replacement trees may be located on private property adjacent to the former tree locations or within the public right-of-way. 2. To minimize impacts to emergency access as a result of temporary lane closures, the applicant shall notify the City of Huntington Beach Fire and Police Departments of any street lane closures a minimum of 24-hours prior to the initiation of street improvement activities. 3. To minimize impacts to short-term circulation conflicts as a result of construction traffic, the applicant shall submit and implement a construction traffic circulation plan identifying the routes which construction equipment and trucks will use to access and depart from the area. The plan shall use routes to generate the minimum number of circulation conflicts with residential, pedestrian, bicycle and vehicle traffic. 4. To minimize impacts to the removal of a potentially significant historical structure, the Department of Public Works and Historical Resoiirces Board (HRB) shall develop and implement a preservation plan for the structure at 2502 Delaware prior to the preparation of working drawings for the proposed street improvements. The preservation plan shall consist of modifying the intersection design on the north side of Yorktown Avenue to maintain the structure at its present location if the structure is determined to be site significant; relocation of the structure; documentation of the structure; and/or other means acceptable to the Public Works Department and HRB. Should the structure be determined locationally significant, thereby requiring construction of a modified intersection along Yorktown which will bring Yorktown closer to the residence, the Department of Public Works shall provide for preparation of a noise study by a licensed noise engineer and the installation of any sound attenuation measures as determined necessary by that study. Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for in relation to the vicinity in which it is proposed. The conceptual plan should not be construed as a precise plan reflecting conformance to all Ordinance Code requirements. Draft Negative Declaration No. 93-4 Page Three I hereby certify that Negative Declaration No. 93-4 was Approved by the Zoning Administrator of the City of Huntington Beach, California, on April 7, 1993, upon the foregoing conditions and citations. very truly yours, Michael Strange Zoning Administrator MS: WC: 1 p (6293d3,5) RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Yorktown Widening CC884 -COUNCIL MEETING DATE: August 21, 1995 RCA ATTACHMENTS STATUS (w/exhibits & legislative draft if applicable) Not Applicable —Ordinance Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full b� the C�Z Attomey) Attached Subleases, Third Party Agreements, etc. (Appoved as to form by DtX Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission. Board or Committee Report (If applicable) Not Applicable 1 Findings/Conditions for Approval and/or Denial I Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORV�%DED -Administrative Staff -Assistant City Administrator (Initial) City Administrator (Initial) City Clerk -EXPLANATION FOR RETURN OF ITEM: Counc-II/Agency Meeting Held� Deferred/Continued to: �(Approved 0 Conditionally Approved C3 Denied V City Clerk's Signatu�e' IF (F Council Meeting Date� AUGUST 21, 1995 Department ID Number- PW-95-054 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator-)7til- L--�- gw__- PREPARED BY: LES M. JONES 11, Director of Public Works RAY SILVER, Acting Director of Economic DeveloprR-ent SUBJECT: Yorktown Street Widening Project, England Street to 350' E/O Florida Street, CC884 / Bid Call J Statement of Issue. Funding Source. Recommended Action, Alternative Action. Analysis. EnViTonmentaj Status, Attachmenl(s) Statement of Issue: The City has acquired right-of-way along Yorktown Avenue between England Street and 350' east of Florida Street in anticipation of the subject construction project. The plans and specifications for the Yorktown Widening (Phase 1) project are complete and ready for approval and project bidding. Funding Source: CDBG funds totaling $225,000 are available in account E-HO-ED-844-6- 32-00, The balance of the construction cost of $55,000 is available -in Gas Tax account E-SF-PC-884-6-32-00. Recommended Action: 1. Approve Negative Declaration Number 93-4 for the Yorktown Widening Project, CC884, and I 2 Approve project plans and specifications and authorize the Director of Public Works to solicit bids for the Yorktown Widening Project, CC884, pending site clearance at 704 Yorktown, and 3- Approve the attached sample contract, subject to award of the contract to the lowest responsive bidder. Alternative Action(s): Cancel the construct -Ion project and re -allocate the funds for some other purpose. REQUEST FOR COUNCIL ACTION MEETING DATE: AUGUST 21, 11995 DEPARTMENT ID NUMBER: PW-95-054 Analysis: Staff has completed the design for the project which is comprised of spot widenings. along Yorktown Avenue, from England Street to 350' east of Florida Street. The Florida/Utica Task Force has identified this as an extremely important project- The project is necessary to establish a safe street with sidewalks and to eliminate building obstructions and localized ponding of water, The engineer's estimate for this project is $280,000- This project is the first phase of a three phased project that will, ultimately, complete the widening of Yorktown Avenue from Delaware Street to Beach Boulevard. The later stages of the project are designed and will be brought to Council for approval once right-of-way and construction funding have been established and the right-of-way has been acquired. Environmental Status; Pursuant to the environmental regulations in effect at this time, the Department of Community Development advertised draft Negative Declaration No. 93-4 for twenty one days and no comments were received. The Negative Declaration was approved by the Zoning Administrator on April 8, 1993. Staff recommends that the Council approve Negative Declaration 93-4. Attachiment(s): 1. Project Location Map 2- Sample Contract 3. Negative Declaration City Clerk's Page Number 0013650.01 -2- 081oai95 4:1a Pm /�9119Q� 1* 29 APPOY0 C. SALISBUPY PAGE 02 ()ATF JUM-DDYYJ A rPQRD. CEATIFICATE OFILIABILITY INSURANCE 11/30/95 It issuco AS A MATTER OF INFORMATIOt, Arroyo Insuranc-.- Set -vices/ ONLY AMU CONFERS NO RIGHTS UPON THE CIEFITIFICATE I HOLD.-.n. TIIIS CERTIFICATF VOCS NO1 AIIFND, EXTEND Or- Larter Silisbur-i ins. Brokers L ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 1414 Fair Oaks Ave. 16 CO?APAIY!ES ArFoRDING COVERAGE South Pasadena, CA. 91030 (:01.4PANY A. Transcontinental Ins. Co. COMPANY HILLCREST CoNfRACTING. N.C. Valley Forge Ins. Co. P.O. Box 189� COMPANY CORONA, CA. 1111718-1898 C Transportation Ins. Co. CCAIP&We 0 COVEnAGES THIS US TO CERTIFY TeAT Tm!� POLICIES OF "ISURANCE LISTED BELOW HAVE SEEN fSSUE0 TO TMZ INSLJR�D NAM=D AEIOVE FOR THF: POLICY PwAfOD ?�JOiCATED..*40r.,VJYMSTANZ)'�,G ANY REOV'PEMENT. TERM OR C0401TION OF ANY CONTRACT OR OT�4ER DOCUVi�-r wITH P-spE6 -rO W'4;C'j_Trf:S 'FICATE MAY BE ISSUED C'. ­,Y PERTAIN. ?HE INSURANCE AFFORDED BY THSE POLIctES DESCR:BEo HERE4 I$ C r: I ,7E-'�7 SUR-' �1 TO AL'_ TtAE 1--mms CONDITIONS OF Lj-"-i POLICIES. UWTS SHOWNMAY HAVE PEEN P.;E)UCFD BY PAID CLAWS CO TV" OF IN9UftAMC@ P0L$CV kVU%Flq kTK POLICY ErTPf'TrVf. POLICY PIP'RATION uATE pAMflX)NV) OArLT 0#4VOffYJ CF�F%aL LIASILITY QA%' A 9' 2,000,000 CLI-MIS MAnG X" - ocn­ 27582947 12/19/94 12/19/95 F-FPSC%AL J$ S 1100MOO 5 & CONTRACTC;P -3 Pn�)T CV7- w k.:., S 1,000,000 rirc % 50'0Q0 E LF-A! X C BODILY IN)UnY 134384623 112/19/94 12/19/q5 K_X)IILY:I4AJAY PH(.V'1Lq7'V CAMA.:,P 1 11000,000 S CARA01 IjA0"_'rY AV"00NLV - EA ACCOENT S ANY or-CR rNAVAUTO ONLY LAGH ACCOENr. z A.-AAEGAIG S [XCFFS Ll"AM EAC-61 (CCUPr-FW-Q S UODnEL' A FCFLM W011KERI& Ct%Mos J% A%() EV%OVFft9'IiAqr,�­ PAFITkA:PS;F XT CUT IVE X. 1031802697 Cwr,:, r Pq A�(' T e IL . PA I E.q 12/19/94 12/19/95 EL -Pn_'.!1.Y ov-1 I 000,000 .FLC)I%" .1. rAEAPw-G z i nnn nmn 071464 enue Wideling- V84. Yorktc:-i AV ;1onal Irrtireds As resppcts C eral Liability polic City of Huntington Reach are ,�wn 'dd I Per form CG20101185 attach�-d- CERTIFlCATF H0t0tFt CITY OF 11U=GTOf1 BEAU 2000 Main Street P.O. Box 190 Huntington Beach, CA. 926�3 Attn: Public Works Depart. AC09D 25-3 ":- ­ , ' --- - CANCEI.LATION­ 5I-Vv! ', ANY Of 144C AeOVE 01-ILCI416CO POLICIFS BE CANCfLLED PEFOK: T­ C)LNr,.%, oi cATE YWFftf0F. TmE imp@G COMPANV WILL )"3�g)MKIA j 30__ 6AVm WW1ItT# HOTKV TO THF CFER-MVICATS HOLMR IWA%WO TO THE LtrT OAC�0/15PORATIONit A G E ...... 19 13 1:1 1, 1: `5 C'12-441 'D1009 _ARP0'.'0 I SALISSUP'.` P 03 Trdnscontinental Ins CC). POLICY NUM13ER- 27582947 COMMERCIAt-GENERAl LIABILIFY Insured: H111CREST CONTRACTIN(;, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM 13) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVFRAGE PART. SCHEDULE Re: Yorktown Avenue Widening: CC-884 Name of Person or Organizatlon; CITY OF HUNTINGTON BEACH, ITS OFFICERS, AND EMPLOYEES 2000 Main Street P.O. Box 190 California, CA. 92648 (if no entry appbars above. information required to complete this endorsement will be shown in the Declarations as applicable to -this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedk1le. but only with respect to liability arising out of -your work" for that insured by or for you. (It is agreed that the additional insured under this endorsement is excluded from the blanket additional insured endorsement attached to the policy.) 1�'OAI -X CG 20 10 1185 Copyright. Insurance Services Office. Inc.. 1984 Lj 4 41 - --'�'-Hi9 APROYO C. SaLISBURY PAGE 03 Transcontinental Ins. Co. POLICY NUMBER: 27582947 COMMLRCIAL GENERAL LIAMLITY Insured: HILLCREST CONTRACTING, INC. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Re: Torktown Avenue Widening- CC-884 Name of Person or Organization: CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 California, CA. 92648 (11 no entry appears above. information required to complete this endorsement will be shown in the Nclarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule. but only with respect to liability arising out of "your work" for that insured by or for you. (It is agreed that the additional insured under this endorsement is excluded from thc blanket additional insured endorsement attached to the policy.) ell C CG 20 10 11 85 Copyright. Insurance Services Office. Inc . 1984 Paymen� I have received the Faithful PerforTnance Bond and the-,'.' bond for Yorktown Street Widening Project - CC-884 on behalf of the Treasurer's Office. Dated By: 10 Firemin's Fund Inslumnct company The Amene" I nsurLnee Go.npdny Firem, aifs N&tWnIJ Surety Corponaton Fund-.,, &Wmi" Indemnity Coqwnu [an AmerorAn Automob& Insunince CornWy 0OWALL MEN BY THESE PRESENTS: Payment Bond PubUc Works BondNo. 11133197043 PREMIUM: INCLUDED IN PERFORMANCE BOND That we, HILLCREST CONTRACTING, INC. as Principal, and NATIONAL SURETY CORPORATION , incorporated under the laws of the State of ILLINOIS and authorized to execute bonds and undertalcings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California CivA Code Section 3181 whose cWms has not been paid by the contractor, company or corporation, in the aggregate total of TWO HUNDRED THIRTY—NINE THOUSAND NINE HUNDRED FIFTY—SEVEN DOLLARS AND NO11OO. Dollars, ($ 239 .95 7. 00 —), for the pay7nent whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated , 19 — , with the CITY OF HUNTINGTON BEACH to do the following work, w-wit: YORKTWON AVENUE WIDENING; CC-884 Now, Therefore, if 0e above bounden Principal, contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of.the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond...-� This bond is executed and filed to comply with the prov��o of,th(�act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments theiieio�..' Signed and Seated this IST NOVEMBER day of . I HILLCREST CONT ING, I' -,_..-'BY: Z Z= -7CE MWSEcRETARY NATIONA SURETY CORPORATION By 7G)5a DAVID L. CULBERTSON Attorney -in -Fact 360M.9-94 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE_ On 11-01-95 Date before me, KAREN CHANDLER - NOTARY PUBLIC Narne aW Title of Offoat (9 g. 'Jana Doe. Nomry Pubic) personally appeared DAVID L. CULBERTSON marne(51 0i S'per(s) IX personally known to me - OR - 13 proved to me on the basis of satisfactory evidence to be the person(4) whose name(%) is]= subscribed to the within -instrument and acknowledged to me that heXMWUW executed the same in hislxz2=authorized capacityM, and that by Karen Chandler his)130CM signature(g) on the instrument the person(j). or the entity upon behalf of which the personOB) acted, Corinn. 0959502 executed the instrument. NOTARY PU-Lr^ - 1, - CALFrORNIAD CRANGE couury P!z c". -)- C�,."ICS Mar. 27, 1 M-A WITNESS my hand and official seal. 01 ") - lu� OPTIONAL nough the information below is not required by law, it may prove valuable to persons relying on the document and Could prevent fraudulent removal and reattachment of this form to another document - Description of Attached Document Title or Type of Document - Document Date: PERFORMANCE BOND 11-01-95 Signer(s) Other Than Named Above: N/A Capacity(les) Claimed by Signer(s) Signer's Name: DAVID L. CULBERTSON L] Individual El Corporate Officer Title(s): E) Partner — 0 Limited 0 General X Attorney -in- Fact Trustee • Guardian or Conservator WNEW • Other: I TOP 0! 1humb here I Signer Is Representing NATIONAL SURETY CORPORATION Number of Pages: I Signet's Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner — 0 Limited 0 General Attorney -in -Fact * Trustee * Guardian or Conservator F1 Other: I �Top .1 1 "umbr",re Signer Is Representing: 0 19N Nal"mi No-uuy AssooaW - 82W ROMMM Ave. PO Bo. 7184 - Car*gs PaA. CA 91-V%-7154 Prod No 5907 Rewoof CaG Ton -Free I -ODD-876-W? State of CALIFORNIA County of RIVERSIDE On /I 4-AFS before me$IiEREIN SCHRINER - NOTARY PUBLIC IDATEI (NAMEMTLE OF OFRCM *.'JANE DOL NOTAAV ;�F) personally appeared AeVAJ,17 J�,41a&al "AMEM Of SIGNERMI I Er"'personally known to me -OR- 0 proved to me an the colml WIM moo asis of satisfactory evidence to be the person�X- whose nameod is/ .p.r6 subscribed to the within instrument and acknVoled dt methat /t t� p:x o he/s ecutP th sa�6e in his/W wLr , it authorized capac and that b his[A/tWr signatuUk on' the instrument the personpd, or the entity upon behalf of which the personlaf cted. executed the instrument. Witness my hand and official seal. ISEAU ISIGNATURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not reQuired by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ArTACHED TO THE DOCUMENT DESCRIKD AT RIGHT: RIGHT THUMBPRINT [OptWwn CAPACITY CLAIMED BY EIGNER(S) OWMI'ViDUALIS1 t��R§"ATF OFFKXRISI CIPARTNERIS) OLIMITED CIGENERAL OArFORNEY IN FACT 0TRUSTEEIS) OGUARDIANICONSERVATOR 00THEW SME14 IS REMESUMN13: (Norm of Pewson(a) or EntitvCae) RIGHT THUMBPRINT [Opbo� CAPACM CLAIMED BY SIGNER(SI 011401VIDUALIS1 OCORPORATE OFFICER(Sl tnnm OPARTNER(Sl OLtmrmo EIGENERAL OATTORNEY 9N FACT Tchn at Type of Documem 64ff- 4& -�)--�,WVRUSTETIS) OGUA "/CONSERVATOR Numbet of Pace$ Dote of Documem 00 ER! Skrvatisl Othec Than Named Abo. 04VID L. d r SIGNER Q'14MESENTMO: Ii4 �, - an -A of Parson1s) oc Enlitylies) WOLCOTT% FORM 03240 Rov. 3-24 twice ctan 0-2A) 0, 924 WOLCOTT$ FORMS. INC. ALL PuRPOSE ACKNOwLMGMF%T WITH SiGNUR CAPACITYMMESE"TATIOWIWO RMGEPJW*NYS 7 67775 6324JI 8 PERFORMANCE BOND Bond No. 11133197043 A 0 FIRIMAN-S FUND INSUA^NCC COMPANY iT H E AI49RbCAN INSU RA"CE COM PANY N^T1ONALSU RETY CORPORATION Ir ZMJM r= El ASBOCIATrLo iNoemNiTy CORPORATION nngn§=Cnaa� O^MIERICANAUfOA405ILCii4suRAF4ciEcompANv The premi um for this bond in S 2116 0. 0 0 payable in advance and subject to adjust- ment at current manual rates. KNOW ALL MEN BY THESE PPMENTS: That we, HILLCREST CONTRACTING, INC. as Principal. anti -NATIONAL SURETY CORPORATION — a corporation organized under the laws of the State of ILLINOIS — and duly crutharizod under the larws of the State of CALIFORNIA to become sole surety on bonds and under- taking. as Sur". are hold and firmly bound unto CITY OF HUNTINGTON BEACH CM Obligee in the full and Just su= of TWO HUNDRED THIRTY-NINE THOUSAND NINE HUNDRED FIFTY-SEVEN DOLLARS & NO110O. Dollars, (S 239,957.00 ), lawful money of the United States of America. to be paid to the sold Obliges, successors or assigns; for which payment. well and truly to be made. we bind ourselves. our heirs. executors. successors. administrators and cmaigns, jointly and severally, firmly by these presents. The Condition of the above Obligation to sucb that whereas the said Principal has entered into a contract of even date berewith with the said Obliges to do and perform the following work. to -wit YORKTOWN AVENUE WIDENING; CC-884 as is more specifically set forth in said contract. to which contract reference is hereby made; Now therefore. if the said Principal shall well and truly do the said work. and fulU each and every of the covenants. conditions and requirements of the sold contract in accordance with the plans and specifications. then the above obligation lo be void. other -wise to remain in full force and virtue - No right of action shall accrue under this bond to or for the usa Warty person other than the Obliqee named herein - Sealed with our seats and dated this 1 ST of -f.:ei NOVEMB R 95 01 H - ILLCREST CO PPING, INC. GLE;NN r.SALSBURY - VICE PRE6$@U1!SLGHL1AHY NATTONAL SURETY CORPORATION 360030-5-65 Surety BY DAVID L. CULBERTSON Attorney -in -Fact -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 11-01-95 0*16 personally appeared _ before me, KAREN CHANDLER - NOTARY PUBLIC Narro aM TMG of O-.KAH IS g . -Jar* Don. Wary PubbC-) DAVID L. CULBERTSON Nwne(S) of Signel(S) [X personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(l) whose name(&) isMM subscribed to the within instrument and acknowledged to me that heXXZ)UW executed the same in his#jcX2bftau1hori zed capacityVW, and that by hisUmMW signature(j) on the instrument the person(g), T_ Karcn Chandler or the entity upon behalf of which the personot) acted, executed the instrument. Co-nm- 4359502 NOTARY FUSLIC - CALIFORNIA 0 OPANGE COUNTY My Comm. Exves Mar- 27.199!t WITNESS my hand and official seal. Sgnabra 4 N��&ry Pb�C OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and fealtaChMenf Of This form to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND Document Date: 11-01-95 Signer(s) Other Than Named Above: NIA Capacity(ies) Claimed by Signer(s) Signer's Name: DAVID L. CULBERTSON C1 Individual El Corporate Officer Tille(s): 0 Partner — 0 Limited 0 General I Attorney -in- Fact Fi Trustee 0 Guardian or Conservator GZ 01=2 =- 0 Other: I Top o4 thumb here Signer is Representing: Number of Pages: I Signer's Name: 0 Individual C1 Corporate Officer Tille(s): D Partner — El Limited 0 General 0 Attomey-in-Fact EJ Trustee F3 Guardian or Conservator W MRA 9 01 .0 0 Other: — I Top of thumb Signer is Representing 0 19964 Natonai Notary Assocwpon - 8236 Reffurrmt Ave � P.O. Box 71 SA * Car4QA ParV. CA 91309-718A P,od No 5907 Roofd@r Cal Tom-Fioa i.$00-8764U7 CCNERAL POWER OF ATTORNEY NATIONAL SURETY CORPORATION KNOW ALL MEN BY THESE PRESENTS- That NATIONAL SURETY CORPORATION. it Corporation duty organized and existing under the laws of th,, State of Illinois. and having its Home Orrice in the City ofChkago. County ofCook. State of Illinois. his made. constituted and appointed. and does by theft presents make. constitute and appoint --- DAVID L. CULBERTSON --- ANAHEIM CA its true and lawful Attorney(s)-in-F*M with full power and authority hereby confe"ed in its name. place and stead. to cxccute. %cal. acknOwledgeanddeliver any and all bonds, undertaking. recogmizaaces or other written obligations in the nature thereof - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and to bind the Corporation thereby as fully and to the same cXteat as if such bonds were signed by the President. socaled with the corporate seal of the Corporation and duly attested by its Secretary. herebry ratifying and couruwang all that the said Attorney(s)-in-Fact may do in the premisa. This power of attorney is granted pursuant to Axticle VII. Sections 44 and 45 of By -Laws of NATIONAL SURETY CORPORATION now in full force and effect. " A rtlelevn. Appolatment andAuthoritjr *fReddenjSvWrf&rk9. AffonWyqwFmc9 aadAgenLS to arcept LeW Priocess and MitkeAppearsocm Secdois 44. Appointmeas. The Clialman of the Bo=4 of Miredom the Proifident. any VLot-PreAdest or any other person authorized by the Board of Directors. the Chairman of the Board of Dirwors. the Priesident or my Vicie-Pres$deat nazy, trom time to time. appoint Residew Assisiazit Secretaries and Altorneys-Lis-Fact to ritprutist and sa for and an behalf of the Corporation and Agents to accept k1gal process and make appeLrunces fair and on behalf of the Corporatiou. Section 45. A uthorfty. The authority of such Resident A-d-ant Secrituxiles. Aftorwys4n-Fact and Agents sha be as piesc. bed in tbe Instrument evidcocing their up polatment. A ny such appoint meat and all authority grainted there" may be revoked at may time by the Board of DiriDetors or bry any person empowertd to make such appointment:* This power of attorney is signed and scaled under and by the authority or the following Resolution adopted by Lbe Board of Directors of NATIONAL SURETY CORPORATION at a meeting duly called and held an the 29th day of June. 1994. Lod said Resolution has not bam amended or repealed: -RESOLVED. that the signature of any Vice-Prcsident, Assistant SeacuLry. and Resident Assis=t S=euuy of this Corporadoa. and the seal of this Corporation may be affixed or printed an any power of attortsey. on any revocation of any power of attorney. or on any certificate relating thereto. by facsimile. and aLny Power or attomm any revocation or any power of attorney. or certificate bearing such factunilc signatwc or facs—i e seal shall be valid and binding upon t he Corporadon:� IN WIT�,IESS WHEREOF, NATIONAL SURZI'Y CORPORATION has caused these presents to be signcd by its Vice -President. and its corporate seal to be hereunto af Nted tWs 2 7 n d day of A v i a, ii c r - 19 () _'1& . NATIONAL SURETY CORPORATION BY STATE 0 F CAL IFO RN IA COUNTY OF MAJUN Ocith,s 22nd d,y,r August I M. A. Mallonce —19 9 4 before me persomillycLme to me known. who, being by me duly sworn. did depose Lod say: that hc is VIc%-,Prc:sident of NAXIONAL SURETY CORPORATION. the Corporation described in and which executed the above inst�ment. that be knows the seal of Wd Corporation; that the " &[fixed to the said instrument is such corporate seal; that it was so &(fixed by order of the Boszd of Diremors of said Corporation and that he signed his time thercto by like order. IN WIT14FM WI[EILEOF. I have hereunto set my hand aad affixed my Official seal. the day and year hercin !ILM above written. OFFICIAL NOTARY SEAL A. XRIEGER Ae, Notacy Putilk: — CakforNa MARIN COUNTY my Comm. EXV. MAR 20.1995 tMtWICATE V. - STATE OF CALIFORNIA COUNTY OF MARIN 1. the undersigned, Resident Asust.ant Secretary of NATIONAL SLJR� fore-gaing and attached POWER OF ATTORNEY remains Lis full force By -Laws or the Corporation. and the Resoluuon of the Board of Directo Signed and icaled at the County of.Maxin. Dated the IST day of ST,ec � ORATION. an ILLINOIS Corporation, DO HEREBY CERTIFY that the is not been revoked: and funhcr=ore that Axticie VII. Sections " and 45 Of the forth in the Power of Atterney. are now in force. NOVEMBER . 19 95 ItcodeW AAWAAM S*aCUWT State of CALIFORNIA County of RI)JERSIDE on ZV �A5 before meSHEREIN SCHRINER - NOTARY PUBLIC VATE) INAIWIF-frITIE OF OFF1CFR-e-*JANE 00f. NOTARY PUWC') personally appeared ��AIAI IL. !�Ja,6UAi DiAMEM OF WQNEIIES13 0-'Personally known to me -OR- 0 proved to me on the SHERM SCMWFR "Maly Poft — ca"Offft 111109-AducciuMv no, asis of satisfactory evidence to be the ,ersqp�i6whose namewf is/p.A subscribed to the within instrument and acknrolead ed to me that h e t execute_d the same in hislWltherr authorized capa it (' and that b�y his ®r �ignatureW on the Instrument the personigr, or the entity upon behalf of which the personx acted, executed the instrument. Witness my hand and official seal. tSEAU �-� �* tSiGNATURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could. however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ArTACKED TO THE DOCUMENT DESCRIBED AT RIGHT: Too or Type of Documerd 90AV Number of POWs Date of Docurnwa // Al / F -6 RIGHT THQMBPRINT j0ptionan CAPACITY CLAIMED BY SIGMERIS) 011�DFVIDLIALIS) LMORPORATE OFFICERIS) V4 MTUSJ OPARTNER(S) OLIMITED DGENERAL 0AT`TORNEY IN FACT OTRUSTEEISI OGUARDLANICONSERVATOR OOTHER: SIGNER IS REPRESENTING, (N&rro of Pemonlej or EntkyCpael X C- - RIGHT THUMSMINT (Opt6wuia CAPACffY CLAIMED BY SIGNERIS) 0INDWIDUALIS) OCORPOftATE OFFICER(s) Inrum OPARTNERIS) OLIMFTED OGENERAL OATTORNEY IN FACT 0TRUSTEE(SI 0GUARDIANICONSERVATOR OOTHER: S4n*ds) Other Then Narrod Above 0A&0 6. , ' 10 j SIGNER IIS REPRESENMO: n(s) wr Erw4tr"2yji,*Q WOL.COTTS FOFM 93240 Pt*v. 3-04 %wwa Clow *-?A) 0 11)" WOLCO TTS FOFLMS. INC. ALL PL111"M ACXNOWLEDWENT vATm s3cwEx c^P^ciTymcptuwAna.� ANGEVIMT�'-) 1111111111111 1111 11�. 67775 PROOF OF PUBLIcATION STATE OF CALIFORNIA) ) SS. County of Orancre 0 I am a Citizen of the United State's and a r 'dent of the County aforesaid; I am esi over the age of eighteen ye2rs, and not a party to or interested in the below entitled matter. I am a principal clefk of the HUNT(NGT0,',,4 BEACH WIDEPENDENT, a newspaper of general- circulation, printed and published in the City of Huntington Beach, County of Orance, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountaint V�Iley issues of said newspaper to wit the issue(s) of: September 21, 1995 September 28, 1995 October 5, 1995 I declare, under penalty of perjury, that the foreaoing' is true and corfect. 0 Executed on oc-tober 5 1 1995 at Costa Mesa, California. �7 Signature PUBUC NOTICE The AGENCY ho,@Dy a,' SIECTION A Ormattvaty ensures thal 't Portry busIness oriterptisss 110TICS INVITING Wil ba, afforded full op. ZMED BIDS FOR portuntly to submh bids In THM YORKTO WK I response to this notice and AVENUE WIDENING will not be dipertmilinwed Juailnst on the basis of CASH CONTRACT color, natlorW origin. NO. a" iram amestry. sex, or religion In In the CITY OF Jany consideration leading 14UNTINGTOR BRACH �to the award of contract I PUBLIC NOTICE IS No bid shail be consid- I HEREBY GIVEN that the -wed unless tt is p(eparod CITY OF HUNTINGTON On the approved Prop: -60 BEACH, as AGENCY In- forms In conforrnanc. Ales sallued bids (W the I)* Instructions to Bidders. abovkip.stal9d pro)" " The bid must Do ac- will rooOre such bids in companled try a cartiffed the offfco of The City Clark. check. cashkhls check. or Socand Floor, 20M Main bladdles Dond made psy- Strost. Huntington BaactL able to the AGENCY for an C&MOmLa 92648, up to the ainouryt no lots than 10% rXXV of 2:00 P.M. on Oclo. of the amount bid. The Der 19. 1995. Old* will be successful bldder sW be =on in the Com. licensed In accordance 21, urJoss other- with p the Busi- wiso posted. ness 'Zilp';rWons Code Copf&@- of the plans. and shall possess a State Specifications, and com C*ntractoe2 Llowne Cis" tract docurnertis are avao. at the Umt Of the bid operr The able from the Otfics of the Ing. sumetsful Can� Director of Nbac Wotk3. tf2ctOf and his subcOnbrsc- 2OW Main Street, Hunting. tM Will be r6quff2d to PO& ton B"ch, CA 92648. uDorl sess business licenses of $L $20.DO nonre- from 1he AGENCY. fee tf plckbO up The AGENCY roaerY92 the or $25,00 non: 4.7 xmf.01, rl9ht to r619d any or all 1. 1 r f r i W a d. bids, to wrox, Any contract entered Into ItY and purviant to this notice will Under hdVIs0msn1 lot 0 maximum 60 Incorporate the pf"slons period of 011 the State Labor Code. dia Pursuar-A to the proAsionD ORDER of ula. CITY Of the Labor Code Of the COUNCIL of the CITY OF - HUNTCN(3TON BEACH. Stgrto at California. the Mir, CAUFORNUL the 21M day Imurn prevalung late of per of August 1995. diem wages (01 each craft, Aftest: ClafttflcaWn or " op Conrilo Brockway, i workman meded lo &X_ CITY CLERK OF THE i .owe the contract %hall be CITY OF HUNTIIIGTON .those determined by Ih@ 13EAC14 Director of lndusttW Rela. lions ol the Stale of Catifor. published HuntIrIgton file, Which are on Alt at the Beach -Fountain vaney In. Office of the 01reclor of dOPOrldstit S6Pt*Mb0Jr 21. Public Works, 2000 Main 28. October 5. 1995 Street Hurmnoon Beach. 093-171 CA 92640. The AGENCY .ffl deduct 10% retention from all p==payments. The C MR subsume af% ImIctow Q1.1 sufary at equal value to the retention In 9000fdance wfth the pro­ v1$)OA3 of the California Gowmmerit Code. SeMon 4M. The Contractor s,%ait be beneficial owner of th: au" and shali roct�y any b1tefest thereon. 0 COPY TO: SHEILA GENEIL Dated: -,-) /- Received by: YORKTOWN WIDENING OCTOBER 19,1995 2:00 PM CC-884 Engineer's Estimate: $230,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT I. All American Asphalt 2. BNB Engineering 3. Carnev Brothrs, Inc. S 4. Clarke Contracting S 5. Clayton Engineering 6. Excel Pavins 7 Gillespie Construction 8- Griffith Company S 9. Hillcrest Contractina- 10. Hillside Contractors I I. Kennedy llipefine dw,; OKW-- 12 L & R Electric 13- Leatherwood Construction Page one of two BIDDER'S NAME RANK TOTAL BID AMOUNT 14. Los Angeles Engineering 15. Moore Electrical Contractors 16. Savala Construction Co. s 17. Sequel Contractors 18. Southpaw Construction Company -3 0 2,,-V-/ 19. SRD Construction 7 20. Stefan Lanthier 21. Sully -Miller Contracting 0j 22. Western Paving__ 23 s 24 pagetwo 14849 Fireman's Fund 0 Fireman's Fund Insurance Company 0 The American Insurance Company Q National Surety Corporation • Association fndemnity Corporation • American Automobile Insurance Company Home Office. 777 San Marin Dr. Novato. Callofnia 94W KNOW ALL MEN BY THESE PRESENTS: Thadwe, HILLCREST CONTRACTING, INC. BID OR PROPOSAL BOND BOND# 7083400-1 PREMIUM —NIL (heTeinafter called the Nnco�, as Princi;W. and NATIONAL SURETY CORPORATION , a corporation organized W doing business under and by virlue of ft laws of the Stale of ILLINOIS , and duty licensed for the purpose of making. guaranteeing or becorrdng sole surety upon bonds or wnidenaldrigs required or aulborized by the laws of the State of CALIFORNIA as Surety. are hold and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obfigae) in the full and just sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ) tWul money of the United States of Amwk:k for the payment of which. well and truly to be made. we hereby bind ourse)ves and our and each of our sucoessors and assigns. j*dly and severally, firmly by Itme presents. THE CONDITION OF THS OBLIGATION IS SUCH THAT, WHEREAS, ft aborm bounden Pfiricipal as aforesaid. is about to hand in and submit to the Obfig" a bid or proposal for the YORKTOWN AVENUE WIDENING FROM ENGLAND STREET TO 350' E/O FLORIDA STREET CASH CONTRACT NO. 884 in accotdanoe with tt* plans and specirkations filed in the office of the Obloo and under the notice in�Aing proposals therefor. NOW, THEREFORE. 11 the bid or proposal of said Prindpal sW be accepted. wW dw contrad for such work be awarded to the PrincipW ftrevon by the said Obfigee. and said Principal shall wder woo a contract and bond k)rihe oonVietion of said work as required by law. then this oliqation to be nun and void. otherwise to be and remain in 1�11 two* aM effed. IN NTNESS WHEREOF, said Prinico and said Surety have caused thesepremises to be duty signed this 26THday of SEPTEMBER .1995. r13.02117_&894q4 HILLCREST CONTRACTI 91 INC. GLENN J. SOKRY - VICE PRESIDENTISECRETAR-Y NATIONZSURETY CORPORATION By DAVID L. CULBERTSON Affomey-in-Fact t:ALIODRNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 9-26-95 before me, KAREN CHANDLER NOTARY PUBLIC Dale Newd AN Td@ 01 Ofter 'Jane Doe. NOUry Pubbc') personally appeared DAVID L. CULBERTSON Name(!;) G1 S"rtz� U personally known tome -OR -[I provedto meonthe basis of satisfactory evidence to betheperson(o whose name(s) isM subscribed to the within instrument and acknowledged to me that he 10 1 - - I executed the T_ U same in histlMobCtKauthorized capacityt"o, and that by Karen Chandler 0 Comm. $1959502 ic hi signature(l) on the instrument the person(X), NOURY FUCLIC - CALIFORNLAO or the entity upon behalf of which the person(j) acted, ORANGE COUNrr executed the instrument. PAY COMM. ExPi-'89 Mar. 27, lg!� WITNESS my hand and official seal. s-onatura of Noiary Pub6C OPTIONAL Though the information below rs not required by law. it may prove valuable to pe=ns relying on the document and could prevent (raudutent rernoval and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: 9-26-95 Number of Pages: I Signer(s) Other Than Named Above. N/A Capacity(ies) Claimed by Signer(s) Signer's Name: DAVIT) L. cuLBF_RTsoN 0 El E) Individual Corporate Officer Title(s): Partner — 0 Limited 0 General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing. MGHT THUMBPRINT OF S$GNER iop of th-,;mb here Signer's Name, F1 0 F-1 Individual Corporate Officer -rille(s): Partner — [-I Limited L3 General Attorney -in- Fact Trustee Guardian or Conservator Other: Signer Is Representing MGHT THUMBPRINT OF S$GNER Top of thumb here 10 1994 Nalponal Notgry Assooat*n - 8236 ftenvnel Ave . P�0 Box 7154 - Canow Park. CA 9'309.7 18A PMd No 5907 Reorder Call TOM: r99 I -aoo�476-Wl GIENERA'L POWER OF AT-17ORNEY NATIONAL SURETY CORPORATION X.NOW ALLMEN BY THESE PRESENTS: That NATIONAL SURETY CORPORATION. a Corporation duly orgammd and cxistialt under the taws of the Silic of Illinois. and having its Home Office in the City of C)ucago. County of Cook. State of Illinois. has made. constituted and appointed. and does by them prncnts make. constitutcand appoint --- DAVID L. CULBERTSON --- ANAHEIM CA its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its nasne. place and stead. toexecutc. sea]. acknowledge and deliver any and all bonds. undertaking. recognizAnces or other w-rittca obligations in the nature thereof I - - - - - - - I I - - - I - - - - - - - - - - - - - - - - - and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the Corporation and duly atteved by its Secretary. hereby ratifying and confirming all that the said Attorticy(s)-in-Fact May do in the prCMiM. This power of attorney is granted pursuant to Article VII. Sections " and 45 of By -taws of NATIONAL SURETY CORPORATION now in full force and effect. "Arilde VtI. Appointment and Authority of RaddentSeavLaries, Artorney4n-Fita and Agents to accept Lega/Process and MAke Appearances. Section 44. Appointment. Tht Chairman of the Board of Directors. the President. any Viec-President or any other person authorized by the Board of Directors. the Chairman of the Board of Directors, the P, cut or any Vice-Preddent utay. from Ume to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent Lad act for and on behalf of the Corporation and Agents to accept IcVd process Led awke appearanen for and on behalf of the Corporatiod. Section 45. A uthoritr. The authority of such Resident A ssislant Secrruwks. AttoroeMin-Fact and Agents sh2l] be as prescribed in the In ment evidencing their appolistmeut. Any such appointment and all authority granted thereby omy be revoked at any time by the Bowd of Directors or by any person empowered to make such appolatmenir Tbus power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Bowd of Directors of NATIONAL SURETY CORPORATION at a meeting duly called and held on the 2%b day of June. 1994. and said Resolution has not been amended or repealed: "RESOLVED. that the tignaturc of azy Vice -President. Amistant Secretary. and Resident Assistant Seactary of this Corporation. and the seal of this Corporation may be affixedor printed on any powcr of axtorncy� on any revocation of any power ofattomey. or an any certificate relating thereto.by famirmile. and any power of attcrncy� any revor-auon of any power of attorni:7� or certificate bearing such facsilnile sipature or facsimile scal shall be valid and binding upon the Corporadon:* IN WITNESS WHEREOF. NATIONAL SURETY CORPOR-ATION his caused these presents to be signed by its Vice -President. and its corporate scal to be hereunto af rLxcd this 2 2 D ri day of 19 NATIONAL SURETY CORPO RATION By mnp� STATE OF CALIFORNIA COt;N-rY OF SIARIN on this 2 2 n I day of August [9 9 4 before me personally ca=e N1. A. NIallonce to me known, who. being by me duly sworn. did depose and say- that he is VicA-President of NATIONAL SURETY CORPORATION. the Corporalion described in and which executed the above instrurinent-, that be knows the seal of said Corporation; that the seal jLf fixed to the said instrument is such corporate seal: that it was so af Nxed b� order of the Boud of Directors of said Corporation and that he signed his name thercto by like order. IN WITNESS WHEREOF. I havehereunto un myband and adfixed myofficLal seal. the day and yearbercinflLm Abovewhttcn- CY.RTMCATE OFFICIAL NOTARY SEAL A. KRIEGER �-�a; Notary Puulc — Califorr%la MARIN COUNTY kty Comm. Exp. MAR 20.1995 STATE OF CAL IFO R141A COUNTY OF MARIN 1. the undersigned. Resident Assistant Secretary of NATIONAL SURETY CORPORATION. an ILLINOIS Corporation. Do KERERY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked'. and furmcr=ore that Arucle VII. Sections " and 45 of the By-La-s of the Corporation. and the Resolution of the Board of Directors. set forth in the Power or Attorncy. ire now in force. Signed and sealed at the County of Marin. Datcd the 26TH day of s4p? Jsm SEPTEMBER .1995 11A V I I N'. 't 'l-t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVF—R"')E On 101g—A5 before me. SHEREIN SCHRIINEIR - NOTARY PUBLIC Dato Narne and T-Ve of 0?1"f [a g . 'Jam Doe. Notaiy PL&W) personally appeared Alkzasr:� I Hao(S) of S"ris) L�-n �personally known to me — OR — U proved to me on the basis of satisfactory evidence to be the person;W whose nameWis/Wcd'subscribed to the within instrument and acknowledged to me that helol'e'AW executed the same in hi0eltW authonzed capacity(jesj. and that by hisalerl/to4ir signatureW on the instrument the person(ef Jh='tA4ER or the entity upon behalf of which the personW acted, C4xrchh*)n #1070641 executed the instrument. Nolasy PLAft — Califon Ahowldle Courdy WIMLV Cwwm INpires Avg V. 1999 WITNESS my hand and official seal. —A —I— 441:—�, z S9nature ol NoWy PLPW OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documenL Description of Attached Document Title or Type of Document: Document Date: Number of Pages-, Signer(s) Other Than Named Above: 'I'a L /" ay"�� Capacity(ies) Claimed by Signer(s) Signer's Name: X7� -T -AA&&7 El ndividual -i Corporate Off icer Tille(s): V. f I Partner - 0 Limited FJ General ) Attorney -in -Fact I Trustee �--1 Guardian or Conservator ­C11,211 I Other- Topo!?h(;.Tibnere Signer Is Representing: HILLCREST CONTRACTING, INC Signer's Name: Ll Individual Corporate Officer Title(s): Partner - 0 Limited L) General Attorney- i n- Fact Trustee Guardian or Conservator othev Signer Is Representing: HILLCREST CONT -RACTINIG, INC Top cl chumb here C r994 Nz:&"l N01ary A4SOciabon - 62M Aemrmf Av@ � P0 Box 71G4 - Carwa Part. CA 9 r309-;1184 Prw No 5907 Reordw Car Toll- Fr9c r .800-876-W7 1PNX AMWEST SURETY INSURANCE COMPANY OW WOODLAND HILLS. CALIFORNIA Know ail men by these presents: BOND NO.: 04fiZO34 - PREMIUM: INCLUDED IN BID SEkVil BID DATE: 10/19/95 PUBLIC WORKS BID BOND That we, SOUTHPAW CONSTRUCTION (hereinafter called Principal). as Pfincipal. and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety). organized and existing under the laws of the State of California and authorized to transact a general surety bus;ness in the Slate of CALIFORNIA —. as Surety. are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called Obligee) in the penal sum of TEN — percent ( 10 %) of the bid amount, but in no event to exceed THIRTY-THREE THOUSAND, SEVEN HUNDRED FIFTY ---------------- Dollars (s33,750.00 — ) for (he payment of which the Principal and the Surety bind themsetves. their heirs, executors, administrators. successors and assigns, jointly and severally, firmly by these presents- THE CONDITION OF THIS OBLIGATION IS SUCH, that. whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for YORK TOWN AVENUE WIDENING — NOW. THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond, with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so. pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void.- otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 1LTH - oAy OF OCTOBER 1995 SOUTHPAW CONSTRUCTION JPrwd or type na" ad PrwmxpO) IS"FUtS Of PrVVPA0J) % AMWEST SURETY INSURANCE COMPANY B Y'. of —F - F A LIAN J AD�9S$ ttoi-ney-tn- Fact 6111, A UN-AXI 7 P901 [I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diggo On VC4-�o / -7 19? beforeme, Patricia B. Clark, Notary Public oafe Na" and Tale oll Oftar le.g.. *J" Do@. Notary Pub%c-) personally appeared 6-7 1 4,�J Nan*s] cd SQner(s) El personally known to me - OR - �9 proved to me on the basis of satisfactory evidence to be the person(%) whose nameks) islrai�e-subscribed to the within instrument and acknowledged to me that hc CsDe they executed the same in hisAoheir authorized capacityUW, and that by hisf[R4heir signatureW on the instrument the person(s� PATRICIA B. CLARK; or the entity upon behalf of which the personW acted, Commisaion f998379 executed the instrument. Not&ry Public - Calitonia San DOG* County MY COMMISSIOR EXPires Jun* 24. 109 7, WIT SS my hand and official seal. 1 2S�grlatv* 01 Notary PUW OPTIONAL Though the inlormarron below is not required by law. if may prove valuable to persons relying on the document and could prevent fraudulent removal and reatlachment of this form to another dOCuMOnt Description of Attached Document Title or Type of Document: ?, b /, L or, , �, S_ - ?, -.f tw'e-1 Document Date: Number of Pages: (.:7-) 11 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Individual Corporate Off icgr Title(s): Tf d 0 Partner — 0 Limited 0 General • Attomey-in-Fact • Trustee E: Guardian or Conservator 0 Other: Top oi 1humb 1%ere I Signer Is Representing Signer's Name: ED Individual El Corporate Officer Title(s): El Partner — 0_ Limited 0 General Attorney- in- Fact Trustee Guardian or Conservator Other: Signer Is Represenling: RIG11T THUMBPRINT OF SGNER 0 1 M N&E*rww Nxafy Assoca:*n - $2M Rerntriet A�jp.. P.O. So. 7784 - Canoga Park CA gi3O9- 7 t84 Prod. No. 590? Pkporclvr� Cal Tbil-F,#e 1-800-0764U7 .CALIHFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNI County of LOS ANGELES On OCTOBER 19, 1995 before me, SERENA WILEY I DATE NAFAE. TITLE OF OFFICER - E G.. 'JANE OOE. NOTARY PUBLIC' personally appeared ALLAN J. SAUNDERS, ATTORNEY -IN -FACT NAME(S) OF SIGNER(S) personally known to me - OR - El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/herltheir M— L% —gft signature(s) on the instrument the person(s), SEVENAWLEY t or the entity upon behalf of which the WO-97 person(s) acted, executed the instrument. COMM. 0 1 Z — Coliforn�a )t Z Notc�Y PtVic Z LOS ANGELES COUNTY MyCO,nm Exj>.fesJAN16.1 WITNESS my hand and offici S_I�rURE OF NOTARY OPTIONAL Though the data below is nol required by law. il may prove valuable to persons relying on the document and could preveni fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITILE(S) PARTNER(S) LIMITED GENERAL 1Z ATTORNEY -IN -FACT El TRUSTEE(S) EJ GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAmE OF PERSONLS) OR ENTfTY(1ES) AMWE.ST SURETY INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNIER(S) OTHER THAN NAMED ABOVE W993 NATIONAL NOTARY ASSOCIATION - 8236 Rernmet Ave � P.0 Box 7184 - Cariogs Park. CA 91309-7184 E,XPIRAMN DATE 4-18-96 11011,T11 'N'11NOrR 0000467034 READ CtIREFULLY This document is printed on Ahitc paper containing the artifict at waiennarketi logo ( A ) cif Amweat Surety lnsuran,�e Company (the "Comparty") on the front and bTo-n security paper un the back Only unaltered originals ofthc POA are valid. This 110A may not be uwA in conjunction with any other POA. No representalioru of warranties regarding tlus POA may be rrudc by any pemon, This POA is governed by the laws of the State of California and is only valid until the CXPITjtlon date KNOW ALL BY 11E.' rure%tatutC and appoint- ALLAN J. SAUNDERS LEWIS W. NIC DOWELL , that Amwest Surety Insurance Company. a California corporation (the "Company). do" hereby AS EMPLOYEES OF TIPTON & COMPANY iu true and lawful Attomey-in-facL with limited power and authority for and on behalf of the Compan sure to ex0cur and AMIX the seal Of the Winpally thereto if a sea[ is recltared on bonds, undertakings, mccIgnuanccs, reinstirarr-e agrotment for a Nfill Act other pc 11 d or other -nnen obligations in the nature LItcrccifis follow - Bid Bonds up to$** 1,000,000.00 Contract (Performance & Payment), Court. Subdivision S* 12,5W,00D.00 License & Permit Bonds up to S—*100,000-00 Miscellaneous Bonds up to S—*100,00-0.00 Small Business Administration Guaranteed Bonds up to S-11,250.000.00 Con iich.ren...f.11forrvandeffect. and to bind the company thereby. Tlius appointment is made under and by a 0 y- /^--kf 1. the undersigned smrctary of Amweg Surety Insurance Company, a lLfernia ti 1 .13 Y-t4TIFY thtat this Power of Anorney mmin. in full fume and cffect and has rm( been revoked and furthermone, that On& Ofthe Wd of forth this Power of Anon -Icy. and thit the relevant PfOV'2310123 Of the BY-IN%-S Of the Company. Are now in full fi IM 13.rd No- 0467034 Signed %rated this of-EU 95 N11 SA, TV L Karen G. Cohen. Secretary S toN so F DIRECTORS :3AI, i#prd`W.d * led byl W of f.11 sea csirnile dqby auth f foll lutions adolited. by the Board of Directors of Arnwcst Surety Insut-mr-c 5 19 Company at a meeting duly held on Dwtm§- ) 5. 19 on N% See tary or any Amisunt Secretary, rruy appoint attorticys-in-fact orr agenu with authonty as defined or h -ted th - -for, and on behaff of the Company, to exotitic and del crindafflixthescal n:dcl 5"ciRpe, es F In Ap e RESOLVED. that the Ncsidcnt Or ONL[ce �= -�i- "i� of the Company to bondus. ki it SnLunc- Lne=p obfqt" of all kinds and said officcrs may remove any such anorney'Lit-fact or agent MW 4- Ln revoke any K)A pre%iously gFran I 11C, RF.SOLVED FURTHE bond, rig. recogn c cc surct)ship obligation dull be valid And bind upon the Company: gn (i) u hen signed by the t or an2w ent in I and NAled (if a scat be required) by any Secretary or Assistant Se=tary; or .0 cm, (it) u hen sipwd by dice President or V)�4,vcrd Ury or Ass'sunt Secretary, and countersigned And scaled (if& seal be required) by a duly a uthorizcd art f U = LA- 0 it) u-hen duly exec, is , LO-2 be 28�by me or more attotneyt-in-fact oragents pursuaril to and within ft):iinits of the jud4orily cvidrn4=d by the pow f tt is the Corripan, mb person of persom 'let Mo RE SOLVFD FulaUrull P 7 of any authorized officer and the seal ofthe Company may be affixrd by facsimile to any POA of ccrtificatiott thcTeof authonzing the executiorn ty f any bond. undcruking. rccognaanoce. or other s=tystup obligations of the Company, and such signaturic and seal tdo,191111 %%hcn to used thall havc the same force &M efrcct as though manually affixed - TN ',XTI-NFSS W'HEIZEOF. Arn-Aeu Surety Insurance Company has caused these presents to be signed by its proper officcra, and its corporate seal to be licrieunto affixed this 41 day ofJamsary, 1993- M-M �22A 011 John E- Savage, PrWdent Kim G Colicit. Scenctary State of CalLforna uunly o ox Argeles On January 1, 1993 before me, Peggy B. Lofion Notary Public, personally appeared John E. Savage And Karen G- Cohen. personally known to me (OF proved to me an Zhe baits ofulisfac2ory cvidericc) to be the persort(s) whose name(i) Wart: uAwAN-A to the tA-tthLn instrument and Acknowledged to mi: all that WthdAhcy cxeculcd the tame in hisAierAllcir authonzcJ capacity(i"), and that by It OiaAheir signaturc(s) on the insbumcnt the person(s), or the entity upon bchatfofwluch the person(s) acted, executed the instrumcnt OFFH;L4 MAL %%TTWESS hand and official scal- KGGY B. LOFTON Notcry Mirle-Califtwrid P019 Signature (Seal) LOS ANGEM CCXJNtY cj,3:�, Caripaden Wa A Y cc-)) LDROTI. NOIATV NI%LrJ ARY 25. IW5 197S �A\X �4. mz HF SiL.u: in . ..... A, .............. IFOVO M.. TV1,818 704,11 If 632UC.,tr"PgaAscnue P(KeOffiveli-1450" WOK)rfland I fill%, CA 91365-4500 M BOND NO. GE5710746 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS. that we KENNEDY PIPELINE COMPANY as PRINCIPAL. (hereinafter called the Principal), and Gulf Insurance Company . a corporation duly organized under the State of Missouri and authorized to transact a general surety business in the State of CA as SURETY, (hereinafter called the Surety). are held firmly bound unto: CITY OF HUNTINGTON BEACH as OBLIGEE. (hereinafter called the Obligee). in the sum equal to 1C) % of the accompanying bid of the Principal, not, however. in excess of dollars, ($ -- _), for the payment of which surn 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. THE CONDITIONS OF THIS OBLIGATION IS SUCH. That. whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below. for (1) the performance of the designated work, or (2) the fumishing of the specified goods. supplies or products. to -wit: YORKTOWN AVENUE WIDENING NOW,THEREFORE, if the Principal shall not legally v6ithdraw said bid within or at the times permitted therefore. but shall duly make and enter into a written Contract with the Obligee. in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal. within the time permitted therefore after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof- and if the Principal shall give bond or bonds for the faithful performance thereof. anctfor for payment for Labor and materas going thereinto, as in the specifications or contracts providedi or if the Principal shall, in case of failure so to do. pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such faifure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue - PROVIDED. HOWEVER. that no action shall lie, or claim be enforced hereunder, unless the award on the basis Of said bid shall have been made within thirty (30) days after the formal opening of said bid. or within the time specified within the bid provisions, whichever time shaff be greater, and unless the Obfigee hereunder shall give notice to Surety of —said award at the time of notification to the Principal. and unless legal action to enforce any claim hereunder shall have loec�ri r--.>mmenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always. that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Cop�r of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute Such a bond. the Serial Number upon which COPY Of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this 19TH _ day of OCTOBER 19 95 State of CALIFORNIA County of ORANGE On 10-19-95 before me, MARY TRUMBLE COATE) MAMEITITLE OF QFFiCER. j.'jANE OOE. NOTAFtY PUBLIC*l personally appeared JOHN SHOFFEITT jNAPAflSj OP SLGjyERiS)j 0 personally known to me -OR- C1 A roved to me on the asis of satisfactory evidence to be the Person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shel'they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrumen.t the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. (SEAL) 4 xe� (ANA-�E OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTJONAL. Recording of this document is not required by law and is also optional - It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. TH2S CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCAISED AT RIGHT: Tifitle at Type ofDocucriocrit BID BOND Number at Pagell Data of Docurnent 10-19-95 Sig"r(al Othof Than Nwir-ad Abo�* AT ORNEX—IN—FACI =�=MoFlo� 3 94 [C..ce class 9-2AI 01 994 WOLCOTTS FORmS. iNC- wTm.SLCNER CAPACLrYMfPR[5fNTATON1'rWO FINGERPM.-jTS RIGHT THUMBPRiNT i0ptonatil V CAPACITY CLAIMED BY SIGNEMS) [JiNDIVIDUALIS) CICORPORATE OFFiCERISI flITILLS) M 0PARTNERjSj DLI AITED OGEN ERAL OATTORNEY IN FACT OTRVSTEr:ls) 0GUARDILANICONSERVATOR MOTHER: SIGNER is REPRESENTINM (Narnal of Personjej or Enjity(iiiial RIGHT THUMBPRINT 10ptionsil CAPACITY CLAIMED BY SiGNERIS) CIINDIVIOVALIS) OCORPORATE OFFiCERiSi ilitTLISi OPARTNERIS) 0LIMITED 0GENERAL CATTORNEY IN FACT 0TRuSTEEjSj OGUARDIANICONSERVATOR DorHER: SIGNER CS REPRESENTINa- INalms of Pgrionis) or Entity(iinsis 11111111111111111111111111111 7 67775 632401 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALTFORNIA County of RIVERSIDE On OCTOBER 19, 1995 before me, TAMRA PONTI . NOTARY PUBLIC I DAT E NAME. TITLE OF OFFICER - r G. -jANE OOE. NOTARY PUaLsC' personally appeared JOHN A. RUIZ NAME IS) OF SIGNE: A(S) personally known to me - OR - 0 pf�qved to ne-Gn4he-basis-eVsatisfeetep y--eykieptee to be the person(g) whose name(jio is/aT<0 subscribed to the within instrument and ac- knowledged to me that he/sheAhey executed the same in hislh4a4-heir authorized capacity(*s), and that by h i s / hef/4-h4ai r sionature(S on the instrument the person��), or the entity upon behalf of which the '1A -or ORNIA persont-1 acted, executed the instrument. -Y VV _3 WITNESS my hand and official seal. �n m j) ck kpi4i SIGNATURE OF: NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TrT1_EjSj 0 PARTNER(S) EJ LIMITED 0 GENERAL ATTORNE Y- IN- FACT E] TRUSTEE(S) 0 GUARDIANJCONSERVATOR F] OTHER - SIGNER IS REPRESENTING: NAM E OF Pr RSON(S) C)R E NTITY(IL S) DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES OCTOBER 19, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAt. NOTAAY ASSOCIATION 8236 Rernmet Ave. P 0 Box 7184 - Canoga Pa(k. CA 913()9-7184 GULF INSURANCE COMPANY KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS PO"T.R OF A170RNEY ARF PRINTED ON BLUE SAFETY PAPFR %%I FH TEAL INK. DUPLICATES SHALL HAVE THE SANIF FORCE AND EFFT.C"I'AS ILN ORIGINAL ONLY NN HEN ISSUED IN CONX-NCTION WITH THE ORIGINAL. KNOWN ALL NtF-N BY I-HFSE PRE.Sl-.NT% Thzjj thK: Gulf histifan%c 0irn p,tny. ;i curTkirafion July orgdnl7,:d under the laA sof the SL11C Ot hjN ing 11% principal OffiCe in -,r.c city of irviiie.'rexa,. pur,uant to tire I'villo,me rc,olutiun. adopted by the Finaix�e &- Exccuti%c Coninillive (if the finard ot Dirccior'sof thc,,aid Company on the 10h day of August� 190�, to �il " RESOLVED. Iliat the Pre%ider -t. Fxci:uEi%c %-i,:c Premderit or any Senwr Vice President of the Company %hall have duthtiniv to make, ekcLuic and deliver a Poucr of A.,mv, Lon5tilutina as Attorncv-in-Fao, w,:h pervin%. firm%. or coirKirdiion% a, may be selected from time In time, and any Nuch Arltirnc% i-i;j% bc cd anj thc authority gramcd hini re,oked ib�' the Prc�,idcni, or in% Exo:Llivc Vice P`Tc5ident. or an) Senior Vice Pre,13cm. Or by the B'�, Td of I31fL:Ll0T% 1A h% [he Finaricc and Fxecuci%e Committee of itte Board of Dirwrim RESOLVED, that nothing in this Po%ker of Allornc% 0. )jll he Cnri�udccl Z1% a grant of auctiority to ctic to silzri. c%ecuic� deli,cr or , (h,7r- Nki%e�ssue a policy or of insurame nn behaif of Cull In%UTan1:C Coal ESOLVED. rhac ihe &ign.1ture, cf 1he Pre%idcnt. Ekcc-uzi%e Vi�c any Senior Vice Pre.,idciit. and the -Sea] (if itic Company -nay he alf1w,l to wry N1, Po"cr of Anorney or an% ccnifica:c rehring zhcrc!v 1w jnJ ani po-eT% %o executed and Certified by 1aC%LM1Ic %ignature and fac%irtille sea[ %ball he vabij and binding upon The Compan� in IN! fulure �iih rr,rwri :v �;nY ;j-),] d0curnenh, relating to %uch N)nd% to %%hich they are "tia,:hcd — Gulf 1wurance ComI:jny Cnc% hrirc,�y niakc. o'n,worr anj aprw,"); 13OND NUMBER GE5710746 NAME ADDRESS PRINCIPAL CITY, �TATE, ZIP KENNEDY PIPELINE COMPANY 61 ARGONAUT ALISO VIEJO, CA. 93656 EFFECTIVE DATE EP 19, 1995 CONTRACT AMOUNT F B �OM D 4 �MO U N �T�� JOHN A. RUIZ OF RIVERSIDE, CALIFORNIA its true and la)xful %!Lft fUlf jx��er and duihorit% heri:6% conferrvd in iis name. pface and s(ead. to sign. cxc;:ufc, ackriowlvdgi: and deliNer in its behalf. a, surety, any and all boridi and uride.talLngS of 5urclN%hip- and to hind Gjulf ln%urancc Company thereby a-; fully and lo the ,jrne extent as ifany bond,.. undertjking% and document, refaliny t(I %ULh hori�i% ind:or undcridk:nsz% �cre SIQIICJ tl� the duiv auchorited officer of the Gulf In-surance Corr -part% and all chcacts of %aid attorm% 4s)-in- fact. PuT%Uarli to the authorit% herein giNCn. XC licTchy raill-ICLS dnd confirawd The L)b1tizalifin ot th.- Company shall 7�0i CXLCCd orie million (� I M) (ICK, 00) dollars IN lVITNFSS %�IIYREOF. the Gufflnwrance Canipan�w ha% camed theeprewritv to bc �igned b.w un.t ofriccroftheCompany and its Corporate Seal to he hereto affixed. 14C 0 -ONIPANY F OP, (;t:LF INSI RANCE �O 9S SEAL Christopher E. A%airson STA I'E OF NEAV YORK SS Wesident COUNTY OF' NEll YORK j On this Ist da " % (if Februar ' .. 1994 A-D., before niv came Chirwopher 1'. Mal%on. knn%�n to nic qvr%nnzjII,x %%ho bring bY me duly suorn, did depow. and that he re%ides in the Count - % of W"tchr%ler, Stale of N"% I orli; that he i, the Premi1cnt of [he Gulf Imurance Compan%, the corporation described in and uhich e%rclited the abo%e irt�lrumvnj. th;jt he kno%%% the eal of%aid corporalion; that the seal affixed In the %aid irwrument% k such corporate seal. that it uas so affi%ed h.% order of the Board of Director-L of %atd corpuritfion and 'ittal he igried his nartle. thereto bY like order. J epl I) -A% id Jaffa 'E%% IiORK I S I ATEOF N Quahfied in Kin?% Count SS Comm. V\pirer Ntivember 13. 1"5 COUN FYOF NEW YORK I 1. the undermpned. S wnior Vice llrt:,i(iq:nt of the (;olt ln,urantc ninp.mv. a Nli�%ouri CorFioration, 1)0 HEREBY CF-R'I IiY that the fort -going and attached PO" ER OF A I-TOR\EN rersiain% iii full force. CIO Signed iind Sealed at the ('it% of \v%% Yolk. 0 1 1� Dared the 19TH da" of OCTOBER isl 95 SFAI "SS00 I a%%rt-me 1'. Miniter Senivir Vicr Prv�pdcnl CHUBB GROUP4t�lr INSURANCE COMPANIES C::HUE3E3 ',5 Mountain View Fload P 0 Bo� 1615. Wa�ien. New Jersey 07061-1615 Bond No. That we, BID BOND FEDERAL INSURANCE COMPANY Amount S Know All Men By These Presents, Excel Paving CzTpany (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 pexcent 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. Seated with our seals and dated this 2nd day of October A. D. nineteen hundred and 95 WHEREAS, the Principal has submitted a bid, dated October 19 for Yorktck%rn Avenue Widening (884) 1 19 95 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract. or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect Excel Paving Company By- C_ 'T . Principal C.P. 84wo Premdmt FEDERAL INSURANCE COMPANY By. Douglap]A. Rapp Attorrk6y in Fact ".F" Form 15-02-0002 (Aev a-90) m-24%6 Ucw) v ' State of CALIFORNIA County of LOS ANGELES on before me,Celeste A. Graham, Notary Publi( WAY El 04AMEITITLF OF OFFICEFI� c'JANE DOE, NOTAAY "LIC') personally appeared Excel Paving Com2any by PaIR NAMVP OF SaGNERMY Incorporated Partner By C.P. Brown President @ personally known to me -OR- 0 proved to me on the �CELES�TEA. G�RAHMM�A COMM, -1992999 > V Noran, wublic - Colifornfa In 05 ANULES COUNTY L JAY COMMISSI'ON LXPIItES JULY 30, 1991 asis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hisiher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ISEAL) 4'�)' ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not requiied by law and is also optional. It could, however. prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTVrCATE rdle or Type of Domemnt MUST BE ATTACHED TO THE DOCUMENT Wnber of Pages � D ate of Occurmrit DESCRMEO AT RIGHT: Signer(a) Other Than Naffted Above VoaLCOrTS FOftA 63240 Rev- 3-94 iwwe claft 6-2AI Q'904VV0LCOTTSF�OVLUS. INC- ALL PLIIIW�021 ACAMOVOL[OWENT %MT" SIGNER CAPACITY)REPACUNTArIONPINVO FIF413IRPMTS RIGHT TVIUMBPRKt 10ptio"I 0 A CAPACITY CLAIMED BY SIGNERES) [IINDIVIDUAL(S) OCORPORATIE OFACERISI 4TITUsa 13PARTNER(S) CILIMITED DGENERAL OATTORNEY IN FACT OTRUSTEEISI OGUARDIANICONSERVATOR OOTHER: SIGNER IS REPRESENTING: [Nwno of Person(O of EntitVj;eBI MIGHT THUNIEIMINT f0ptionaQ CAPACITY CLAIMED BY SIONER(S) 13LNDrV[DUALISI OCORPORATE OPFICER(SI MTUN OPARTNER(S) CLIMITED OGENERAL E2ATTORNE'Y IN FACT OTRUSTIEEIS) OGuARMAWCONSERVATOR F-IOTKR-. SIGNER IS REPRESENTING: (Nam* of Person(O aw Entity6sel 111111111111111111111111111 7 775 632411 a TJWI"rM:0 TIA-011:010 IISTSUIR'.A'Wom HOME OFFICE. PHILAIDELPHIA. PENNSYLVANIA 1311) BOND Bond No. N/A APPF40VED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A. DOCUMENT NO. A-31 0 (FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we GILLESPIE CONSTRUCTION, INC. as Principal. hereinafter called the Principal. and the UNITED PACIFIC INSURANCE COMPANY of Philadelphia. Pennsylvania. a corporation duly organized under the laws of the Commonweallh of Pennsylvania, as Surely. hereinafter called the Surely. are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF AMT BID Dollars ($ 10% OF BID 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, f irmly by these presents. WHEREAS, the Principal has submitted a bid for YORKTOWN AVENUE WIDENING FROM ENGLAND STREET TO 350' EAST OF FLORIDA STREET NOW, THEREFORE, it 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 borld 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 fur- nished in theprosecution thereof, or in theevent 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 13th day of OCTOBER A.D, 19 95 GILLESPIE CONSTRUCTION, INC. (Principal) [Seat) /"-17C7 lWitness) r � o 17 / -e -,a, �; L, i UNITED PACIFIC INSURANCE COMPANY ROSEMARY STANDLEY, ATTORNEY —IN —FACT BDU-2305 5/9.3 UNITED PACIFIC INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA POWER OF ArrORNEY KNOW ALL MEN BY THESE PRESENTS. That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania. does hereby make. constitute and appoint Rosemary Standley. individually. of Riverside. California. its true and lawful Aitorne y(s) - in- Fact, to make. execute, seal and deliver for and on its behalf. and as its act and deed any and all bonds and undertakings of suretyship and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if Such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Atiorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which became effective September 7. 1978. which Provisions are now in full force and effect. reading as follows: ARTICLE Vff - EXECUTION Or BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President. any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Atior ney(s) - in- Fact and to authorize them to execute on behalf of the Company, bonds and undertakings. recognizances. contracts of indemnity and other writings obligatory in the nature thereof. and ib) to remove any such AtIOTney(s)-in-Fact at any time and revoke the power and authority given to them. 2. At torneyj5) -in- Fact shall have power and authority. subject to the terms arid limitations of the Power of Attorney issued to ?hem, to execute and deliver on behalf of the Company. bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof. The Corporate seat is not necessary for %he validity of any bonds and undertakings. recognizances. contracts of indemnity and other writings obligatory in the nature thereof. 3 Artorney(si-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances. contracts of indemnity Or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article of section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting hold on the 51h day of June. 1979, at which a quorum was present. and said Resolution has not been amended Of repealed: "Resolved that the signatures of such directors and officers and the seal of %he Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company. in the future with respect to any bond or undertaking to which it is artached.' IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused These presents to be signed by its Vice President and its corporate seal to be hereto affixed. this 18 day of May. 1994 UNITED PACIFIC INSURANCE COMPANY 44rr6 0 *0 0 SEA)L 1P jib ice President 19 2b STATE OF Washington 10 _ COUNTY OF King Onthis 18 dayof May. 1994 personally appeared Lawrence W. Carlstrom to me known to be the Vice President of the UNITED PACIFIC INSURANCE COMPANY. and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1. 2. and 3 of the BY -Laws of said Company.and the Resolution. set forth thefein, are still in full force. Notary Public in and for StaTe of Washinglon Residing at Puyallup 1. Robyn Layng, Assistant Secretary of the UNITED PACIFIC INSURMMt COMPANY. do hereby certify that the above and foregoing is a true and correct coDy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY. which is still in full force and effect - IN WITNESS WHEREOF. I have hereunto set my hand and affixed the seal of said Company this I 3th day of OCTOBER 19 95 0 'Izy 0 C) Assistant Secretary WA SE L BDU 1431 Ed. 1,93 STATE OF COUNTY OF CALIFORNIA RIVERSIDE O,n OCTOBER 13,199 I SS. , before me, JUDY STONG PERSONALLY APPEARED ROSEMARY STANDLEY perso.naUy known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instniment the person(s), or the entity upon behaLf of which the person(s) acted, executed the instrument. W17NESS my hand and official seal. Signature OPTIONAL lium cut IX., C,) 7 r) CA CA11A A U This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent re3ttachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER TITLEM PARTNER(S) LIMITED GENERAL 0 ATTORNEY -IN -FACT El TRIUSTEE(S) EJ GUARDIAWCONSERVATOR 0 OTHER-_ SIGNER IS REPRESENTING: NAMF OF PERS04tS) OR ENMYKS) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Pev- 6/94 ALL-PURPOSE ACKNOWLEDGEMENT -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of Oro na & On before Dale ��me and Tye olpter (a g. 'Jane Doe. Nolaryp&c-) 1­7 1-*% L-10 :'so"y appeared "a p/ersonally known to me — OR — El p OFFICIAL SEAL MARGARET MARY FORD NarARY PURLIC-CALIFORNIA COMMISSION 0 978374 ORANGE COUNTY MY Comm EV Nov. 22.1996 Narn4(s) of 5-9ner(s) to me on the basis of satisfactory evidence to be the per-son(s) whose name(s) 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official sea]. S4r,41,,. 01 Nq1.1y Puublc-c OPTION L nough the informatton below is not required by law, rt may prove valuable to persons relyrng on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: E]Xdividual LV Corporatepfficer Title(s)- J C: Partner Limited �:jvc*neral D Attorney -in -Fact D Trustee El Guardian or Conservator RIM 1.3' E Other: I Top of lhurrohere Signer Is Representing: Signer's Name: 11 13 El 0 El Number of Pages- "I / - Individual Corporate Officer Title(s): Partner — E: Limited -:3 General Attorney-m- Fact Trustee Guardian or Conservator Other: Signer Is Representing: RPGHT THUMBPRINT OF SIGNER 0 1 Q94 NiktKwal N01ary AssoCL8!,Qn * 8236 Reencrml Avg . P 0 B0r 7184 - Canoga Paek. CA 913D9.718A Prod 14D S9a7 Rvorder Call Toll- Free I -80G-876-6U7 SEABOARD SURETY COMPANY #342 ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY BOND NO. 76604609400) PROPOSAL BOND PREMIUM: INCLUDED IN BBSU Xzwtti all Ignt bg t4ror frrortas: THAT WE, SULLY -MILLER CONTRACTING COMPANY 1100 E. ORANGETHORPE, SUITE 200 ANAHEIM, CA 92801 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, &a 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, lawf ul 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 16TH day of OCTOBER 19 95 WHEREAS, the said principal Is herewith submitting its proposal for YORKTOWN AVENUE WIDENING, CASH CONTRACT NO. 884 CITY OF HUNTINGTON BEACH THE CONDIT10N 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 arnount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. SULLY-MILLER.-CONTRACT,W _POWANtA Principal By DAVID L. McCRACKEN PRESIDENT SEABOARD SURETY COMPANY 2H- 0031 Certif led Copy SEABOARD SURrff COBeANY No. 13501 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 George C. Schroeder or Carla Holt or Linda Tichey or JoAnne Tonani or Richard W. Merrill or W. W. Weller or William Dinneen or Lois Stewart or Susan M. Nuss Of Spokane Vbshinqtori , Altorneyzin- Fact. to make, execute and deliver on Its be i is true -and lawful halt insurance policies, surety bonds. undertakings and other Instruments of similar nature as follows.: .%, - Without Limitations Such insuri.rice policies, surety bonds. undertakifigs and instruments for said purposes. when duly executed by the aforesaid.- Atto�neyjin-Fact, shall be binding up9n the said Compan� as fully and to the same extent as if signed by the.duly au-thorized'. officers of the,Co . moany and seated with its corporate seal:'and all the acts of said Atlofney-in-Fact. pursuant to the �Iuthority herebi ji've'rF. are hereby 6tified and.confjrm6d.`.._':. - -This__a�i5oini;iient is made pursuant to tft'e following By-Law� W'hi&6. were duly adopted by the Board of: Director� o6he. sai� C_ompaqy_o!�- December 8th:.1927. with Amendrind-pts to and inc!uding January 15,1982 and are still in full force'and effect: ARTICLE Vit Sk TION 1- --'Pollciier� bonds. recognizance%- slipulalions. consents of surelly,'undervirriting undertakings and instruments relating there to. -Irs recog,,,zances.s!�pulalidos Ebnst-r--!!�O! ano in n; un6i:Tna � i n�as e Go rnpa.-ly. a no ie leases. a- L-eme 111, 5- gr wfltlpgs re ating in any way thereto of to any claim or loss th�reundef. s6aL' De s,9r!Ed in trie name ariti on behalf ol the Company. (a)' -by the chairman of the Board, the Pfesio6nt. a Vic'i-Ojr e�_-denl oi'a Resident Vice-Presiaent and by the Secietary, an Assistant Seciiiar�. a R e'Siiient I -a ry R Assi' S ry: or jb) by �iri Ati5r"n -in- 'n oi the Bda" I pr a. e�idenl slant ecreta ey- -Fact for the Compa�.ny.ippolinied and 3ULhOrijed by the Chairmia !d: he­-­,��- President7ai -a'ViCe-Piesiderif to rake� sti�h s-gihiiure. of . (c) by� i�icri ol"her o'fliceri of'.reDresen . tatives'as the Board may from . time to time clet . ermin . e­­­­-I'AL'.'�� -appropriate. be a,. ixed thereto'by any S. r. e. 1�� Coin uch office Aticir7ney-in-Facl or representativi . J, pany Shall ii MPANY has cause 6ese presents to be s gned by- one. o 11s icez IN-WINESt WHEREOF, SEABOARD- SURETY CO. d ;f V PrJldi�ii's!i�6d its Corporate seal'lo�be h&eunto'5f fixed and duly attested b�.one of its A§stsiant Secretaries-,' thisi . ...... ith, 19.95 . .-day.. q, ---------- ......... .......... VIF? PfETY 9 %APANY.. :-7, SE�ABOARDJSU 0 7- (Seal) ..... ........ ...... ................ or BY.- ice -President ...... .. ......... vv STATE OF �41FW JERSEY COUNTY OF SOMERSET ss.: On this..-...,. 7th day of . ............. . .... ........ ... ...... . 19 _95. .. ........... before me personally appeared W1 .. ........... ...... M3.chae.j.. 5.,. -Yeeg; ...... . ...... ......... ..... ....... ...... ... ....... a Vice -President of SEABOARD SURETY COMPANY. witti 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 desciribed 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 sig'ned his name thereto as Vice -President of said Company by like authority. BELINDA FAYE LEE le NOTARY P�81.IF� Of N!W AnSE-Y (Seal) My Commission Expif es Stpl. 11,1998 Notary Public 3, C E R T I F I C A T E 1. the un ersigneclA5sistantSecrelaryot SEABOARD SURETY COMPANY dohereby cerlity1rial the original Power of Allorneyoiwhich thelofegoing is a full, true and correct cppy. is in lull lorceanoettect onthedaieof this Certificate and I dolurthercerlifythal iheVice-Presideni whoexeculed 1hesaid Powerof Attorney was one at the Officers authorized by %he Board of Directors to appoint an atior ney -in -tact as provided in Article vil. Section 1. 01 the By -Laws of SEABOARD SURETY COMPANY This Certificate may be sign" and sealM by f8CSirnile unClet and by auiiofity of the foliowing resolution of the Executive Committee of the Board 01 Directors of SEABOARD SURETY COMPANY at a meeting duly called ana held on the 251h day of Match 1970 "RESOLVED: (2) Thal the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copyof an instrument executed by the President or a Vice-Presideni pursuant to Article Vil. Section 1. of The By -Laws appointing and authorizing an atlor ney-in -fact to sign in the name and on behalf of the Company suFety bonds. underwriting undertakings or other instruments described in said Article Vil. Section 1. with like ellect as it Such seal and svch signature had been manually affixed and made. hereby is authortz ed and approved - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seat of the Company to these presents this ......... J 6TH .... ... .. ... ... ... day of __QCTQ�ER ... .. ..... ... 1927.. j- ary A 101 FoeM 957 (Rev 7/54) of the aW�-r.i�i:y Cf th;S Powc! 0! you :i.:: K�fuO -,-.d ask fct 1!-.q PC-& a( 0 A!'L1mCy c'.-r to the Powor ;iwp? q a.1?.%cho:j in Nnvj Yo0% D:al 212 C-27 State of Washington ) County of Spokane I certify that I know or have satisfactory evidence that Linda Tichey signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the States of Washington and California, for the purposes mentioned in this document. DATED on OCTOBER 16, 1995 Signature of Notary My appointment expires 2-10-99 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On CALIFORNIA ORANGE OCTOBER 18, 1995 OAIE before me, ALICE M. ENGLISH NOTARY PUBLIC NAmE, TiTLE OF OFFiCER - E G..'JjkNF DOE. NOTARY PU13L[C* No 59D7 personally appeared DAVID L. McCRACKEN NOAE(S) OF SAGNER(S) personally known to me - OR - EJ pfeved !9 we es Pie baoio ei 9ft6sfeelery evidence to be the person(z) whose name(s) is/ame subscribed to the within instrument and ac- knowledged to me that he/sA6/tAej1 executed the same in his/herf740ri51_r authorized capacity(jo-er), and that by hisftwefh�rTir signature(s� on the instrument the personK, or the entity upon behalf of which the person(ir� acted, executed the instrument. ALICE M. EWM WITNESS my hand and official seal. COMM. # 9742" NoIcyy P%tfic — CcAfornfa CRANGE .1", 0—FtN Comm, ExpreCd% r121.19% �­:: - -P .1 - - — ­ SlGNATURE OP NOTAP(/ OPTIONAL - - I Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Q INDIVIDUAL 0 CORPORATE OFFICER PRESIDENT 71TLE(S) El PARTNER(S) E3 LIMITED El GENERAL ATTORNEY -IN- FACT TRUSTEE(S) El GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: NAVE OF PERsomsr OR rura-YoEsi -SULLY =nLLER—COUTRACTINCL _CDM2ANY_ DESCRIPTION OF ATTACHED DOCUMENT PROPOSAL BOND ONE TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES OCTOBER 16, 1995 DATE OF DOCUMENT NONE SIGNER(S) OTHER THAN NAMED ASOVC C1993 NATFONAL NOTARY ASSOCIAT(ON - 8236 Remmal Ave. P 0 Box 7184 -Canoga Park. CA 21309-7194 CITY OF HUNTINGTON BEACH 2000 Main Street P . 0 8 o X 1 9 0 C a I I f o r n i a 9 2 6 4 8 Les M. Jones 11 Director YORKTOAN A%"ENI-TE WIDENING CC-984 ADDENTDLTM WNSER I October 12. 1995 NOTICE TO ALL BIDDERS: Please add the follo%%ing modifications to the contract docutnents: Public Works Department (714) 536-5431 Appendix III - Geotechnical Soil Boring Log- Th.is report and log is for informational purposes only All bidders are requested to acknowledge the receipt of this Addendum Aith your bid Please be ad%ised that the Engineer's Estimate for this project remains unchanged by this Addendum, Should you have any questions regarding this Addendum, please call Enc R- Charlonne of this office at (714) 536-5430. Very truly yours, n r-Z yF7o n 7P E Associate Civil Engineer This is to acknowledge receipt and rc%ie-.v of Addendum Number 1. dated October 12, 1995- it is understood that this MiSiOn shall be included in the Bid Documents SULLY —MILLER CONTRACTING COMPANY Company Name 10/19/95 Date C= rn gy RON SALCIDO VICE PRESIDENT Attachment 0014869 (11 GRIFFITH COMPANy 3R3M1A.A,1V01H! IWST_T1%.A�11TC7M COMIP.A�1V-V_ HOME OFFICE. PHILADELPHIA, PENNSYLVANIA BondNo. N/A BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A-1 A. DOCUMENT NO. A-310 (FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, THAT WE GRIFFITH COMPANY 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, hereinaf- ter 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 (10%) OF THE TOTAL AMOUNT BID ---------------------------------- Dollars (S ---------------- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our- selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for YORKTOWN AVENUE WIDENING PROJECT CASH CONTRACT NO. 884 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 specif ied in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of laborand material 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 19th day of OCTOBER A.D. 19 95 (Witness) GRIFFITH CO (P incipal) (Seal) By: mv, T110MA it. FOSS (title) VICE PRES./DIST. NGP. RELIANCE INSURANCE COMPA By: 7Z� -a- — BDR-2305 Ed-10-73 TERRY ?�.1M0)nGKAN, /AT�ORNEY— I N— FACT GRIFFITH COMPANY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNIA County of SAN FRANCISCO On October 19, 1995 before me, JANET C. ROJO, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - 0 G. 'JANE DOE. NOTARY Pv8LiC* personally appeared TERRY J. MOUGHAN NAME(S) OF SIGNER(Sj personally known to me - OR - El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. —e_ _-, a,,,3Wf I JANET C ROjo WITNESS my hand and official seal. r,-?%O--,--'.RYPLIBLIC.CALIFORNjjk 0 SIGN T az RY A., C AA FRANCISCO COUNTY MY Comm Ewgs A.-9 18.1997 - - - __ qcr�. OPTIONAL I Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER El INDIVIDUAL El CORPORATE OFFICER 0 PARTNER(S) LIMITED D GENERAL ATTORNEY -IN -FACT El TRUSTEE(S) E GUARD 1AN/CONS ER VATOR El OTHER - SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) REbIANCE INSURANCE COXPANY DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT TWO NUMBER OF PAGES OCTOBER 19, 1995 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet Ave.. P.O. Box 7184 -Canoga Park. CA 91309-7184 GRIFFITH COMPANY RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make. constaute and appoint Terry J. Moughan. IndMduaily. of Son Francisco. Calitmnia. its true and lawful Attorney(sl - i n- Fact, to make, execute, seal and deliver fof and an its behalf, and as its act and deed any and all bonds and undertakings of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers. and hereby ratifies and confirms all that its said Attorney(M -in- Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7. 1978. which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors. the President, the Chairman of the Board, any Senior Vice President, any vice President at Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Anor ney(s) -in- Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof. and (b) to remove any such Attorney(s) -in- Fact at any time and revoke the power and authority given to thorn. 2. Attorney(s)-in-Fact Shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to thorn, to execute and deliver on behalf of the Company. bonds and undertakings. fecogniZanCe5, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings. reciagnizances. contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(sl -in- Fact shall have power and authority to execute affidavits required to be attached to bonds. recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to cenity the financial !statement Of the Company and to copies of the By -Laws of the Company or any article of section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting hold on the 5th day of June. 1979r at which a quorum was present, and said Resolution has not been amended or repealed: 'Resolved that the SiUnalutes of Such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached.* IN WITNESS WHEREOF. Iha RELIANCE LNSURANCE COMPANY has caused these presents to be signed by its Vice Pvesident and its corporate seal to be hereto affixed. this 5 dayof Nj;AuwzdW, 1993 Cr .9 STATE OF Washington COUNTY OF King Onthis 5 dayof November, 1993 personailyappearod to me known to be the Vice President of the RELIAN foregoing instrument and allixed the seal of said Company.and the Resolution, set forth therein. are sl 1. Robyn Layng. Assistant Secretary of the RELIANC correct copy of a Power of Attorney executed by sai IN WITNESS WHEREOF, I have hereunto set my hand and affixed RELIANCE INSURANCE COMPANY ,01e�"V,,, =esidon�j Lawrence W. Carlstrorn icknowledged that he executed and attested the rticle VII. Section 1. 2. and 3 of the BY -Laws of said Notary Public in and for State of Washington Residing at Sumner ereby certify that the above and foregoing is a true and iNY, which is still in full force and effect. said Company this 19tN.y.fOctober 19 95 5u A ��7 Assistant Secretary SOPL-1431 Ed 3/93 GRIFFIT14 CC)MPANY State of CALIFORNIA County of ORANGE On ocT- 19, 1995 before me, JENENE RATTI, NOTARY PUBLIC_ (DATEj ONAM[rTITLE OF OFFICER4 *.-JANE DOE. NOTARY PUBuC'i personally appeared THOMAS L. FUSS INAMEW OF SIGNEPASPI personally known to me -OR- 0 roved to me on the gasis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed 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 his/her/their �ignature(s) on the instrument the person (s), or the entity upon behalf of which the person(s) acted, executed the OMICLAL SEAL instrument. JENENE RAM WTARY PuBUC - CAUFOFINLA ODMMISSION 0 1024M hitness my hand and official sea) - ORANGE 0(XJNTY My Oommission Eqx May 1. Ion ISEALI RIGHT THUMBPRrNT 40ptionall L R CAPACITY CLAIMIE0 BY SIONERES) C)INDiViOuALISS WCORPORATE V.P. /D I ST. OFFICERISI OPARTNIERISI OLIMITED OGENERAL OATTORNEY IN FACT OTAusrEEFS) OGuAROtAkiCONSERVATOR GOTHER- SIGNER IS REPRESENTING: IName of Pegoonrs) or [ntFtV(1ae) GRIFFITH COMPANY RIGHT THUMBPRINT 110ptionall CAPACITY CLAINIED BY SIGINERIS) OLND[ViDuALCS) 000RPOnATE ATTENTION NOTARY OFFICERIS1 The information requested below and in ihe column to the right is OPTIONAL. 1111ttm Recording of this document is not required by law and is also optional - It could. however, prevent fraudulent attachment of this certificate to any OPARTNER(Si OLIMITED unauthorized document. DGENERAL DATTORNEY IN FACT THIS CERTIFICATE Thle at Type of DocuffIent BID 13OND UTRUSTEE(S) MUST BE ATTACHED E]aUARDIANICONSERVATOA TO THE DOCUMENT Numbef of Pages 3 Date of Documeni OCT. 19, 1995 OOTHER- DESCRIBED AT RIGHT- Signadsl Oltmi Then Named Above SIGNER Is REPRESENTING! INSMS 04 ftiso"is) of ff%t�tyliosl WOtCOT73 FOFJA 03240 Re— 1 94 tw-ce cims 9-2AI 01 994 VVOLCOTTS FORMS. INC- ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITytR(PA(SfmTATI0NrTW0 FINGFRMNTS 7 67775 VIGILANT INSURANCE COMPANY 15 Mountain View Road, R 0. Box 1615 BID BOND Warren. New Jersey 07061-1615 (AIA A310) C:�-HUE30 BOND# 21-B PREMIUM -NIL KNOW ALL MEN BY THESE PRESENTS that SRD CONSTRUCTION as Principal, and VIGILANT INSURANCE COMPANY, a Now York corporation, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, In the sum of TEN PERCENT OF AMOUNT BID Dollars (S 10% for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. firmly by these presents. WHEREAS the Principal has submitted a bid for YORKTOWN AVENUE WIDENING FROM ENGLAND STREET TO 350' E/O FLORIDA STREET NOW, THEREFORE� It the Obligee sW accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee In accordance with the temis of such bid. and give such bond or bonds as may be qmified in the bidding or Contract Documents with good and sufficlerd surety for the faithful perfomiance of such Contract and for the prompt payrnerd of labor anid materLed fumlshed 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, N the Principal shall pay to the Obligee the difference not to exceed the penafty hereof between the amount specified In sald bkJ and such larger amount for which the ObITgee 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 effecL Signed, sealed and dated OCTOBER 17, 1995 SRD CONSTRUCTION 'T1 1�!1111 11 111111 VIGILANT INSURANCE COMPANY by_ A(Af-e�� . DIANA LASKOWSKI Altorrwayin Fad Fwm t5424= jEd I-M) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On 10-17-95 Dato personally appeared before me, KAREN CHANDLER - NOTARY PUBLIC Marro " rho d Ofter (8 g . 'j" Doe. NMrY Pubic-) DIANA LASKOWSKI Narro(s) al S"r(s) 1X personally known to me - OR - El proved to me on the basis of satisfactory evidence to be the personM whose name(X) is= subscribed to the within instrument and acknowledged to me thatft/sheJOW executed the Karen Chandler same in2jisfhe ft ' authorized capacityM. and that by Comm. #959502 XXjVhe signature(z) on the instrument the person(IIII), NOTARY PUBLIC - CALIFORNIA or the entity upon behalf of which the personOD) acted, CRANGE COUNW MY Comm- Expire3 MW. 27. 1 W-4 executed the instrument. WITNESS my hand and official seal. 40Q-1A�a- L, V, /� & - 4 §6naturt bi N&arTPubhc OPTIONAL Though the information below is not required bylaw. it may prove valuable to persons relying on the docu-ent and couldprevont fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: BID BOND Document Date: 10-17-95 Number of Pages: 2 Signer(s) Other Than Named Above: N/A Capacity(les) Claimed by Signer(s) Signer's Name: DIANA LASKOWSKI 0 Individual El Corporate Officer Title(s): 0 Partner — El Limited 0 General 11 Attorney- i n-Fact 0 Trustee El Guardian or Conservator 0 Other: I TOP 01 thumb here Signer Is Representing VIGILANT INSURANCE COMPANY Signer's Name: 0 Individual Ll Corporate Officer Title(s): D Partner — 0 Limited 0 General EJ Attorney -in -Fact FI Trustee Ll Guardian or Conservator F3 Other: Top of Signer Is Representing 0 1994 N&tx5ral Wary AsSoCLabon 1 82M %rrvnel Ave. PO Box Pdiri�CA9134N-7184 Prtd. NO $907 Reorder: C491 To"t" I -ODD-876-M7 POWER OF ATTORNEY VIGILANT INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Waffen, NJ 07059 (908) 903-2000 Know all Man by these Presents. Thai VIGILANT INSURANCE COMPANY. a New Yor'K Corporation, has constituted and appointed. and does hereby constitute and appoint David L. Culbertson, Linda L. Culbertson, Diana Laskowski, Charles L. Flake, Karen Chandler and Richard A. Coon of Anaheim, California --------------------- each its true and lawful Attorney -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise. bonds or obligattons gfven or executed in the course of its business. and consents for the release of retained percentages and/or final estimates. In WItness Whereof, said VIGILANT INSURANCE COMPANY has, pursuant to its By -Laws. caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 18th day of July. 1995 VIGILANT I E ANY bym ANC Soren N. S. Laursen, Vice President STATE OF NEW JERSEY 1 63_ County of Somerset On this 16th day of July t995. before me Personally came Kenneth C. Wendel to mia known and by me known to be Assistant Secretary of VIGILANT WSURANCE COMPANY. the Corporation described in and which executed the foregoing Power of Attorney. and Me said Kenneth C_ Wandel tK4ng by me duty sworn. did depose and say that he Is Assistant Secretary of VIGILANT INSURANCE COMPANY and knows the corporate seal thersol. Mat the seal affixed to the foregoing Power of Attorney is such corporate seat and was thereto affixed by authority of the By -Laws of said Conwrtr and that he sigrved said Power of Attorney as Assistant Secretary of said Company by like authontr, and that he is acquainted with Soren N_ S_ Laursen and knows him to be thwe Vice President of sold Company: and that the signature of said Soren N. S_ Laursen subscribed to said Power of Attorney is in the genuine hant1writing at said Soren N. S Laursen wid was thereto subscribed by authority of said By -Laws and in deporients priesence. Nominal Se Se S A IV�C�N Acknowledged and Sworn to before me on the le =above written, �Ry 7P f 71 OTARY f- - LIC A��o' � @DDB. L_A� FU LIC Notary PubibC LI CERTtRCATION N01-y Publ-t- 5!&-c of lk'a­ leesey STATE OF NEW JERSEY No County of Somerset Commiwom Lu>itas July 2?. 1996 1. the undersigned. Asmstant Secretary of VIGILANT I NSURANCE COMPANY. do he" Certify that the lonowing is a true excerpt from the By-Law3 of the said Cornpany as adopted try ft Board of Drectars an June 13. 1974. and most rewtty amerrided June 2.1989 and that this By -Law is in full force and effect. 'ARTICLE XV Section 2. All bonds. undertakings, contracts. and other instruments other than as above. for and on behalf of the Company which it Ls authorized by Law or its charter to execute. rnay and $hall be executed in the name and on behalf of the Company either by the Chairman or the V-we Chairman or the President or a VW6 President. jointry with the Secretary or an Assistant Secretary. under their respective desigiriation3. except that any one or =re officers or anomeys-in-lact designated in any resolution of the Boanj of Directors or the Execullive Committee. or in any power of attorney exeWed as provided for in Seclion 3 below. may execute any such bond. unclerla" or other obligation as provVed in such msolabon or power of attorney. Secwn 3. Ail powers of attorney for " on behaif of " Company may and &hall be executed in the name and on behalf of the Company. either by the Chairman Or the VC6 Chairman or the President or a Vice President or an Assistant Vice Presdant, )ointty with the Secretary or an Assistant Siacretary. under their respective designations. The signature of suM officera rna� be engraved. printed or lithographed. The s"fure of each of the folloveing ofters: Chairrrian. Vice Chairman, Presxjent any Vice President. any Assistant Viece President. arry Secretary. arty Assistant Secretary and the seal of the Comoany may be affixed by facsimile to any power of atiomiey or to " cortificale relatrng thereto appointing Assistant Secretaries or Artorneys-in-Fact for purposes on�y of executing and attesting bonds and unitMnalurigs and oV*r writings obligatory in the nature Vwreof. and arty such power 0 attorney of certificate bearing such facsimile signature or facsimile seal shalL be valid and bin&riig upon the Company and any such power so executed and certified try upch facsimde signature arid facsimile sea( shall be valid and binding upon the Company with respect to any bond or undertaking to which 4 is attached.' I turtw Certify that said VIGILANT INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of Ainensca. District of Columbia and Puerto Ricio. aW is also duty (icensed to becorT* Sde surely on bonds. undertakingS. etc- peTrnitled or required by the faws of the United States - AM I further certify that the foregoing Power of Artomay Ls in full force and effect- Givian under my hand and seal of the said Company at Warren. NJ this 17 TH day of OCTO B ER_. 19 _�j5 GGNSEhrr 1421 Assf, I Secretary RANGER INSURANCE COMPANY Houston, Texas BID BOND KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER ... 0. 2..1.6-6.4.2 ........... Hillside Contractors, Inc. That.............................................................................................................................................. ........................................................................ Of .... 1.0 7.3.2...0 h.e. s.t.n u.t ...... St.a.n.t.on.,...C.A ............... ................................................................................... as Principal. and RANGER INSURANCE COMPANY, a Delaware corporation, as Surety, are hold and firmly bound unto...�it of Huntinciton Beacb ...... --y" ......................... . ............. I ........ . as Obligee. in the full and just sum of .... 9f .. AMO.Unt ... b.i d not to exceed a maximum of ... f.ifty ... t)IgAp�I.IR4 .... ............................................................. .. ....... 1:n7: ....... Dollars. lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves. our heirs. executors, administrators, successors and assIgns. jointly and severally. firmly by those presents. WHEREAS, the said Principal Is herewith submitting its proposal Yorktown Avenue Widening, per 884, Huntington Beach, CA. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter Into a formal contract and give a good and sufficient bcnd to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the diff efence In money between the amount of the bid of ft said Principal and the amount for which the Obligee legally contracts with another party to perform the work it the latter amount be In exce" of ft former, but In no event shall liability here under exceed the penal sum hereof. Signed. seated and delivered .... Q 9. P.Z... (Date) RIC-BB-2 1994 Hillside Contractors, Inc ............... .... ................... .......... ......... . . ... .. ........ . ........... c-s n Ahim� Pres dent PANGfR INSUWCE COMPANY By _C46. 11 '15.eliiii . .................................. kid —A. r 1 Attorney -In -fact CONTRACT AMT: N/A Ranger Insurance Company RIC 0216642 Houston, Texas CEINERAL POWER OFAnoRNEY BONDAMT: $50,000.00 BOND No.: RIC 0216642 Know ail men by these Presents, that RANGER JNSURANCE COMPANY has made. constituted and appointed. and by these plesents does make, constitute and appoint Blake A. Pfister its true and lavdul Afforney-In- Fact. for it and in its name, place and stead to execute on behalf of the said Company. as Surety. bonds, undertakings. contracts of suretyship. and other documents of a Similar character issued in the Course of its business, and to bind the Company thereby. provided that no bond or undertaking or contract of suretyship executed under their authority Shall exceed in the amount the sum of Five Hundred Thousand and 00/100 Dollars ($500,000) This Power of Attorney is granted and is signed and scaled by the a ulhority of the following Resolution adopted by the Board of Directors of RANGER INSURANCE COMPANY on the 71h day of November. 1994 Resolved: Thal Thomas H Friedberg Chairman and PrespCenl. 0*vqLaS J Coals. E xecut-ve vice President and Senior Vice Pres,der,S Rober. K Heft)erl. Ji JOK'l L Kenny. Rcber i Ne!son- and Thomas D Mmmo. or any 0 Lhem. shall have 1.1)e power J0 ZOPPOM: Aroineys. In. Fact as Iht tLiSineSS of Ine Comrany may icQuae or :j) juinorize any persons to ex scu:e on t!"If of llie Company any bona$. widertalungs. recognizances. &:jpL?.a:ons policies. contracts- ag:eemenis deeds and release and assigriment ol judgments. decrees. mongagtS and iiistnArtenis in ihe naiure at mongages and also bil Olher instruments and docurrienis which the MineSS W the CorrWny may require and to affix [he seal of Ihe Company thereto Resolved Funher- That tre Company seal and ilie signa!ula of any of ft al3resaiC o1ficels mav be ailIK00 Dy IaC5Irn.e to any power 0! aticrney cerl:'Cale of ei:her g ven for the emecuion ol any bond. underfalkrig. conifact or suretyship. or other wi.r.en ONqaliCn iin the mature lheje:)l $Ucn SKJAatuie ana seal when SO v5ed Deirog: he-reby adopted try the Company as ft anginal Knalure of such officer and ne Original Seal 09 the Company- to be vaud and binding upon the Company -ilh the same force " eflelct as lhough. manually affixed In Witness Whereof, RANGER INSURANCE COMPANY has caused its official seal to be hereunto affixed. and these presents to be signed by one of its Vice Presidents and allested by its Secretary this 7th day ol November. 1994 RANGER INSURANCE COMPANY !. �. � C e V 0 R;,-. C% Attest ') gr -.0 W LU SEAL Secretary Vice President It A W 0- 'L 100' The Slate of Texas County of Harris On this 291h day of November. 1994 before me personally came Barbara BlaSingarne and John Kenny. to me known. who being by me duly sworn. did depose and say that they are the Secretary and Senior Vice President of RANGER INSURANCE COMPANY. the Company described in and which executed the above instrument. that they know the seal of the said Company. that the seal affixed to the said instrument IS Such corporate seal. that it was so affixed by order of the Board of Directors of said corporation and that they signed [heir names thereto by like order. A H �4,4111 > Notary Public "t OF IIV*% 'or Certificate 1. the undersigned, the Senior Vice President of RANGER INSURANCE COMPANY. a Delaware corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in lull force and has not been revokeizl. aod lurihermore that Me Resolution of the Board of Directors. set forth in the said Power of Attorney. is now in force. Signed and sealed in the City of Houston. in the State of Texas DaleJ11�c-16thidaywoctober iq 95 ,RIC GPOA 110594) (All.. Seal Ho,rt) City of Huntington Beach Project Name: PublicWOFks Department Bid Openning: 2000 Main Street, P.O. Box 190 Engineer's Estimate. Huntington Beach, CA 92648 Cash Contract # BID SUMMARY No. Description I Mobiltzabon Traffic Control & Pla—n 3 Trenching, Shoring & Pians Clearing & Grubbing 5 Unclassrfied Excavation 6 Construct 1 O'catch basin W1 local depression 7 Construct 72" x 72" x 47'junction structure 8 Construct 42" x 36" � —16" 1—unc'ho—ns1r—uctur—e 9 Construct 36 x 24" x 18" junction structure 10 Construct 18" RCP (2000D) 11 Construct 24" RCP (2000D) 12 Construct 36" RCP (2000D) 13 Construa-42"RCP.(20000) 14 �o�s—rtr�Fb-nck & mortar plug i�o r�- 15 str6ct Wheel Chair Ramp 16 Construct PCC Sidewalk 17 Construct PCC Curb & Gutter 18 Construct Comm/Res Drrveway/Alley Approach 19 Construct Variable Thickness Asphalt Concrete 20 Construct Asphalt Base Concrete 21 Construct 42" Chain Link Fence 22 Edge Grind Pavement 23 Adjust Manhole To Grade 24 Adjust Valve Can To Grade 25 Abandon existing water service 26 Construct water service & backflow per std plan 27 Construct interconnect conduit & pull boxes 28 Residential Lot Landscaping cleanouts & abandon dramline 29 e Y� 30 0 603B and 609 Southpaw Constfuction Inc Bidder S Unit Price Amunt Contract Quantity Unit Lump Sum Lump Sum Lump Sum Lump Sum $27,90000 $15'.000 00 $10,000 Do- $16,25000 $1400 —.$27,9W.00 $15,000 00 $10,00000 $16.250.00 $14.000.00 $3.100.00 1000 C y 1 each $3.10000 1 each $2.20000 $2.2W.00 1 1 each each each _$i,8W 00 $1.50000 $1 DO 00 $1.8m.00 $1.5w 00 $80000 $50.82000 8 363 each $140 DO 308 each $16000 W.280 00 40 each 3 each $30000 $12.000.00 Moo] $15W.00 $75000-F—.—$4.50000 6 each 4680 sq. ft. $1 80 $8,42400 I. f 14-0-0 —'s q—fl. 225 tons $ 12.50 $7,43750 $3.25 $65.06-1— $34.50 $4.55000 '—$14.625 00 $28,46250 $3,06250 825 tons 175 1. f $1750 6000 sq ft. $1.25 $7,50000 4 each $640.00 $2.56000 $230.00 - $��300 DO $300 E $1.S00 DO $1,8W 00 $3,15W 00 $1300 $8,W 00 moo $5W.00 10 each 5 each 2 each 680 1 1 f Jump sum 1 lump Sum $2.3W.W S2.31M 00 0 0 $0001 $0,00 Sub -Total Base Bid:'�� $306.411,50 Page 3 SECTION C PROPOSAL for the YORKTOWN AVENFUE WIDENING From ENGLAND STREET TO 350'E/O FLOREDA STREET CASH CONTRACT No. 884 in the CITY OF HUNTINGTON BEACH 41 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCEL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment AL and incident insurance necessary therefor, in accordance with the plans and specifications on F_ file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter -into a contract with AGENCY at the unit and/or 0 Jump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. 0 BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon die actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc.. and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default -in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this b-ld shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find &d*5 h4 in the amount of $ which said amount is not less than 10% of the aagrecate of the total bid price, as required by Q 0 the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received jOer's Signature 10-13-95 -.-------C;LenLn J. SalsbLjEy C-2 PROJECT BID SCHEDULE 0 0 0 W 0 1-1 0 item Fstimated Item with unit price Extended N o. Quantity written in words Unit Price Amount I Mobilization Lump Sum @ Lve. /J(,1�0113ollars cc,> Cents Per Lump Sum 2 1 Traffic Control & Plan Lump Sum @ ��A Dollars S ip, S (a Cents Per Lump Sum 3 1 Trenchiri�o Sh nn_- & Plans Lump Sum (�� f Z", -Dollars Cents Per Lump Sum 4 1 Lump Sum Clearing & Grubbing. @ $ $ LD Cents Per Lump Sum 5 1000 Unclassified Excavation c_Y. @ 1_L9AJRJ,:) Dollars $ Cents Per c_V_ V 6 1 Construct 10'catch basin W1 loca I I Pepressrn each @ Ooze s VC0. L Cents Per each 7 1 Construct 72" x 72" x 42" junction structure each @ Dollars $ A -AL) Cents Per each 8 1 Construct 42" x 36" x 18" junction structure each Dollars I S ?ev AV Cents Per each 9 1 Construct 36 x 24" x 18" junction structure 0 00- DO q. DDD. each Dollars S DO A KO Cents Per each 10 8 Construct 19" RCP (2000D) each @ I-ak � k, a Dollars -I S. _JE Do $ ligo Do I VU0 —Cents PCr each— 11 C-is PROJECT BID SCHEDULE Item Estimated Item With unit price Extended No. I Quantity I - written io words Unit Price Amount 11 363 Construct 24' RCP (2000D) each @ Dollars s W-co 0/7', Cents Per each 12 308 each Construct 36" RCP (2000D) Dollars Cents Per each 13 40 Construct 42" RCP (2000D) each @ LLV" I Dollars S �1.)OQ.Q PW Cents Per each 14 3 Corisilrct bnck & mortar plus! each @ zbo A Dollars S. 400-00 $ I'L400.0b r\ -0 Cents Per each 15 6 Construct Whecl Chair Ramp each @ fu �O Dollars S 0 D $ L) n C) Cents Per each 16 4680 Construct PCC Sjde%%m1k sq- @ Ta Q Dollars slo 0 s 113(oo.go Cents Per sq. ft. 17 �595 Construct PCC Curb Gutter 11 @ Dollars S 11,00 $ Cents Per 1. f 18 1400 Construct Comm/Rcs Drivj%%ay/Alley Approach sq. ca, Dollars S (jo S Cents Per sq. ft._ 19 225 Construct Variable Thickness Asphalt Concrete tons @ Dollars S SY). 0 -0,C)b Cents Per tons 20 1825 tons Construct Asphalt Base Concrete @ Dollars S 1\,[) C) S Cents Per tons r- C-2s PROJECT BID SCHEDULE 0 0 Aft Mr 0 0 0 0 is 0 Item Estimated Item with unit price Extended No. Q written in words Unit Price Amount 21 175 Construct 42- Chain Link Fence L f I @ '2Lgr�c," Dollars S 06 S--2, 2 2? X CC) Cents Per L f 22 6000 Edge Grind Pavement sq- ft. @ Dollars S. Moo-oc Cents Per sq ft. 23 4 each Adjust Manliole To Grade @ JI.L)o kLozw wt� Dollars s .0 0 S J,Doo.oi) Cents Per each 24 10 Adjust Valve Can To Grade each @ qA,�� kkck� Dollars S �ooxc) S.),000-00 Cents Per each 25 5 Abandon existing water service each ILuO Dollars $ Cents i Per each 26 2 Construct uster service & backtlow per std plans 603B and 609 each @ t�hAU JhAU014 Dollars S S I,A)0-0 Cents Per each 27 680 Construct interconnect conduit & pull boxes If @ Dollars $ 00 S Cents Per I f 28 1 Residential Lot Landscaping lump sum @ 5_�L-Dollars $ Cents Per lump sum 29 1 Remove c leanouts & abandon dr 'nfine lunip sum @ - i I -Dollars $ 0. 00 $ Cents Per lump suni Total Amount Bid in Figures: S P-39' 00 Total Amount Bid in Words-. z S Jp- -- -- -- - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C-3s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forffi the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Poi�don of Wo rk Name and Address of Subcontractor State Ucense Number Class Wd.V'eo�)14) By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 0 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Clem J. EbLcJarry being first duly sworn, deposes and says that he or she is V.P./Sqa-L-� of Hillcraqt 2213-�, Tm. . the party making the foregoing bid that the bid is not made in the Interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired. connived, or agreed with any bidder or anyone else to put -in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested -in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or -indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof. or divulged -information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company 40 association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. �_i IdIla-est CbitractiM, Tnc. Name of Bidder Signa;prof Blidd�ercllcrn J. S31-41WY Address of Bidder Subscribed and sworn to before me th -is a? 74 day of -10.0 -:6 — A 1HEMICHMM 0011 "M *low" F46ft — calftfrAQ I NOTARY PUBLIC NOTARY SEAL C4 MLITY AGREEMENT HONORABLE MAYOR AND CITY COUNCEL CITY OF HUNTINGTON BEACH, CALEFORNIA Gentlemen: The undersigned hereby promises and agrees thal in the performance of the work specified in the conEract., known as the YORKTOWN AVENUE WIDENING, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualifled Person: A person who, ky reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work sliall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees Ehat the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. A Memo-* 9Et3t32 - '4 - _. " - __ i I Djte:. 47eg - ;; W 9 1 ME WV4-- i Wt 97-L 9 H 73-da ToR M F1 Contractor BY C��. Sah'Wry V.P./Se=etary Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? LJ Yes U No a If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a pa-rt of the Proposal, and a signature portion of the Proposal shall constitute signature of ihis questionnaire. C-6 0 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing die performance of the work of this contract. Date: -L qit� 26, 1995 1111juest amu-a�-, L-C. Contractor V.P./Sea-e� Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number. call Underground Service Alert at 1-800422- 4133 a minimum of two work-Ing days before scheduled excavation. 0 Dig Alert Identirication Number: a 0 It HM=cst Car-racting, L-r— Contractor BVa1C9Pr,j- SEL� V.P./Sem-tary Tide Date: S%1ffe= 26, 1995 a Note: 7his fonn is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 r I L BIDDER'S INFORMATION BIDDER certifies that the following information -is true and correct: HLUm?st Irc. Bidder Name P.D.BCX 1898 Business Address cbra)a CA C)17jR-.-jffl8 City, State zip ( 909 )273-%00 Telephone Number 471664 A State Contractor's License No. and Class Z/26/85 Original Date Issued Z) 4/30/97 Expiration Date The work site was inspected by - i, - Y� ew �oK-) of our off -ice on AAa The following are persons, firms, and corporations having a principal interest in this proposal: E.G. Linlrlm - Pn—_� C-9 [A CERTIFICATION 111OUSUiG AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED Ui 1992, SECTION 3 =E 24, Code of the Federal Regulations, Part 135 Economic Opportunities for Low and Very Uw-Income Persons The biddet, under penalty of perjury, certifies that except as noted below, any person associated therewith ' capacity of owner, p ector, officer, ot manager - Will ensurl thatf W/6 bf t of this project shall meet all requirements of Section 3 If &R.pa-rt-- 1968, or 4, Will hire n'o new employees m- c—onjunict'nion—with this project. This Certification shall apply to the prime contractor's sub -contracts related to this project- Company- Hillcrest Contracti 09 Glenn ?',�Isbary Title - DamSeptember 26, 1995 Inc. C-1 I 0 I* 0 0 r 11 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. HiLla-r---t ojtra:�tim, im. Company Naml, — lIZ4 "-/- Signat dder Aft Printed or Typed Signature Subscribed and sworn to before me this c�LA day of S607-64'6644— 1995 S M3CHRM to�;� HS ��7 C=m*don#IanW Nfty PJAC — carmft Ik"" CCU* NOTARY t* CWrft EXP&W &Q 27 . 19" NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: MR SEe Attad-Ed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 rROM:PU13LIC WORKS ENGIN=ING TO: cJO9 273 9GM OCT 12. 1995 10.'49PVI NCOS P.01 MCITY 01: WUNTINGTON REACH OW 2000 Moil$ 3(reet P-O�Box 190 California 92040 Los M. Jones 11 Director YORK7OWN AVENUE WIDENING CC-884 ADDIENDUM NUMBER I ()cjobof 12.1995 11rMVTt Tf) AT J. nMT)M r - viom aaa Ific following rnodificattons to tho comtraCL documuts: Public Works Departmern (7141538-5431 Appendix U) - Geatechnical Soil Boring Log. nis mporl and log is for inforniational purposes only All bidders are requested to ac;knowledge the rm-&Ipt of ihis Addendum with your bid. Please be advised that the Engineer's FAirnale for 1his project retwins unchanged by (his Addwdtim. Shotild you luve any questions reprding this Addendum, please caH Eric R. Charlonne of this offIce at kfjl) 3�dlo 31Jk). Very trutv vrmrR. C6,'7,Y'7Faron7P.E. Assmiatc Civil Engirwcy This is to ackmwlrAr. Tm-ipt And rewim of AMi-ndtim Wnmhrr I - dalrA OCIA". 17 1995 b iq understood 1hat ibis mvisiot, sW]l be includod in the Hid Documals. Hillcrp-,t Cnnt-mc-f-inig, T C. Compa ny 1-b me October 12, 1995 Date Atmcluncm 0014869.01 1331310,6d J. Salsbury V.,V./Secretary .FRCIM:PLia-IC woWS EKGINEERING TO: gag 273 Was CCT 12, 1995 101-50M #605 P-02 ki CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Countyof RIVERSIDE On 71 ( ?5 -, before me. J�14!5�_A,0 feMCiAJ40Q_ - /L/dT,4,0_Y' PU6LIC- Odle Narne an(l Title ol Officer fe Q. 'Jar* Doe. Nolary Public) personally appeared 6�,&J �Ir, 1,4Uj6u,,e_ Narrials) of &gner(s) lklli�rsonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the personX whose nameP6 is/�Wsubscribed to the within instrument and ackno led ed to me that he/_5i;4/tr4 executed the S;, e Wd /t same in hi /t r authorized capacityo<, and that by I)er SHERM ScHmER his/Wr/tI)dir signature(K on the instrument the personSK, Commbdon#10706411 or the entity upon behalf of which the person(K acted, Not" Riblic - Caftwia executed the instrument- RK*fdde Cou-dy MV COMM. Uares Aug 27. IM WITNESS my hand and official seal. Signaiurn of NotarV Public OPTIONAL Though the information below is not required by law, I may prove valuabte to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document, - LAOA��:� Document Date: 04 ?Z-1. � - - Number of Pages- 45, Signer(s) Other Than Named At>ove- Capacity(ies) Claimed by Signer(s) Signer's Name: dr&W jr-j�_,J6�UK_ 1-1 �Iqdividual L;_-'Corporate 0 icer Tille(s): t7, Ill, I J Partner — I J Limited Ej- General i Attorney -in -Fact j Trustee 1. J Guardian or Conservator �@21261 I _- Other: I To P oel. I rl-i fIr "tb) h C f f., Signer Is Representing: HUCREST CONTRACTING, INC. Signer's Name- 0 Individual Co rpo rate Officer Title(s): Partner — 0 Limited 0 General Attorney -in- Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 Narm" Notary A-woosation - 8236 Rommel Ave. PO Box 7184 - Canoga Part. CA91309.7i84 P-od No. 5907 Reoriler� Call Toll-Froe 1-43DO-876�Wl` HILLCREST CONTRACTING Generol EngineeTing Confrortors license 1471554A PROJECT CLIENT CONTRACT COITIRACTDA7E NANE CONTACTPEFSOW AMOUNT PERCE14T COMPLETE PHONENUMBER SANTA ANA CTrY Of SA14TA ANA 700,000 NOV124BER 1993 FIRE TkA]hTDJG SUDI SHOJA 10()"a CENTER (714) 565-4042 MON7CLAIR Crff OFMONWLAIR 4,000.000 NOVEMBER 1994 TRANSCENTER CARL SAWTELL 0 (r/6 (RO9) 626-8571 LA CADENA cm OF COLTON 100,00D SEPTEIvIBER 1993 BEAUTIFICATION Til WIL30N 10011/0 (909) 8Z4-3199 ANAMEM BLVD CTTY OF ANAHEIM 3.S00.000 AUGUST 1993 DAVE NELSON 1000/0 (714) 254-5176 PLACENTIA Crff OF PLACENTIA 7.362.9DO MARCH 1993 INFP-ASTRUCTURE THOMAS)URK 1000/0 AREA wA7 (714) 908-6264 IJNCOLN Ra. CITY OF CORONA 3,000,000 DECEMBER 1994 ONTARIO AVE LARRY FAYE 10 (r/0 (909)371-1410 BO)TD INFORMATION AGENT DAVE CULBERTSON CULBERTSON INSURANCE SERVICE. INC_ 5500 E. SAVITA ANA CANYON RD-, S =1 201 ANAMEN, CA C714)921-0530 MARKLANDSON FUZEMANS FUND & AMERICAN DMRANCE 17542 E. 17TH STREET TUSTIN, CA (714) 669-7609 RD Box 1898 * Corona. C81if0Tnja 91718-1898 6 1714) 273-9600 * VAX 1714) 273-9608 I t; Aft RFCEIVED Wy !'Jnx HUNTINGTOh V-*Ni. t,ALIF. OCT 19 1 50 Pil 'S5 SEALED BID FOR: YORKTOWN AVENUE WIDENING CDtiTMCT tia. 504 910 DATE: OCT013ER 19, 1995 BID TIME: 2:00 P.M. -ou tjoT opEti WITH REGULAR MAIL" F R HILLCREST CONTRACTING, INC. 0 PO. Box 1898 m Corona, CA 91718-1898 TO: CITY OF HUNTINGTON BEACH CITY CLERK. SECOND FLOOR 2000 MAIN STREET HUNTINGTON BEncH, r-n 926413 SECTION C PROPOSAL for the YORKTONN"N AVENTE WIDENING from ENGLAND STREET TO 350' E/O FLORIDA STREET CASH CONTRACT No. 884 in the CITY OF HUNTINGTON BEACH TO THF, HONORABLE MAYOR AND MEMBERS OF THE COUNCM OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described. and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with die plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, s 'f ions, Instructions to Bidders and all other contract documents. If this proposal is peci icati I I accepted for award, BIDDER agrees to enter -into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result -in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work. that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract -is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S defauit in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find — in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words 'Cash', "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Sikng!:H� i� I 0/1LA < C-2 No. Quantit) Lump Sum 2 11 Lump Sum PROJECT BID SCHEDULE Item with unit price written in words MobiliL4ion Cents Per Lump Sum Traffic Control & Plan A z4ee±l Dollars 4W —Cents Per Ltimn Sum Unit Price Amount $ 9�w- ' —S ??? fW 3 1 Trenching, Shoring & P1 Lump Sum @ 'A'j Dollars $ S Cents Per Lump Sum 4 1 Cleartrig & Grubbing Lump Sum 4r �W(W'aa "r,' e Do liars S Cents Per Lump Sum 5 1000 c-y- Unclassified Exca,-auan 1 Dollars S S cents Per c-v- 6 1 Construct I O'catch bas W local depression ov each *!!��__�Dollars S L'� $1Z Cents Per each 7 1 Construct '72' x 72" 42'junction structure each Dollars $2&W S Cents Per each 8 1 Construct 42' x 3 6' x 19" unction structuM each @ S $ t Cents Per each 9 1 Construct 36 IAC8� ju�cnon st,'WM!V- S S each @ -Dollars I 'f."f Cents Per each 10 8 ConArtict 18" RCP (2��D) @ Dollars $ S each Cents Per each C-Is PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. I Quantity written in words Unit Price Amount 11 363 Construct 24" RC (2000D) cach Dollars S Cents F Per each 12 308 each Construct 36" RCP (;,ZrJOD) 00, llars. e4�& S $42z:7(,2 F Cents Per each 13 40 Construct 42' RCP (2000D each Dollars $ $ Cents Per each 14 3 Consrtrct brick & mortar pl each @ 4&�� :;;t� Dollars $ Cents Per each 15 6 Construct Wheel Chair each llars; $ Cents Per each 16 4680 Construct PCC Sidewalk fo sq ft. @ —Dollars S Cents Per sq- ft. 17 595 Construct PCC Curb& Gurter Dollars S Z_. $ Cents Per 1. f 18 1400 Construct Conyn/Rcs DrivewaylAlley Approach sq- ft. Ca,,7,4�� Dollars $ S 4 r Cents Per Sq 19 225 Construct Van -able Thickness Asphalt Concrete tons Dollars S Per Ions 20 825 Construct �t B Conc le tons @ Dollars Cents Per tons "/,7 to C-2s