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HomeMy WebLinkAboutMcGREW CONSTRUCTION COMPANY, INC. - 1986-09-25To Subje.►ce 0 0 0 CITV OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION Betty Tate From Les Evans r:.ity Clerk's Office City Engineer DOI.SA CH I C?l STREET; CC-6 5 2 Date December 17, 1987 We see no problem with your release of the retention funds for the subject project since we arc withholding enough funds to cover the outstanding Stop Notices. LE: : d w FjI m 0 0 0 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION To Wayne Lee anti ng Officer Subject CC-652 Retention Pa}rx-Int From Les C-i.ty Erririee r Date Decex,)ber 1, 1987 Please held back $1,999.06 + 251 = $2,499 plus S1,549.20 for possible pa;.ments to the Cement NSasons Trust Fund and to the Division of Labor Standards. LE:L:S :& H CITY CW HlUNTINGTON BEACH INTER•DEPARTMENT COMMUNICATION 6 I Lftird aft NA" [o R011EH'I' J. FRANZ, thief From ,ACCOUNTING dr REC OI(J)i AtImIniytriitive Sorvires Is.,pnrtment ` siblec:, 10`6 Hatention Date cc ` s z-- l�l The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five day waiting pergod has elapsed. Payment of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. 1 l/ r. T. Villella, Director o inance ' v I certify thatvstop notices are on file on the subject contract at this time. SG6' i rn Date: ��} } f "7 _ Paul Cook, Director Public Works Department .477WCW--fAD AEMO I certify that a guaranty bond has been filed .o-<_- .:-* -t�'�--i��.�►1...;1�;.� . .,,.���,s' '`fr: %�-tr�.,'' -t �-�-c. YJ ..tom a....r s.�-7'r lwl J.1 [�-L . La 14 ►+� 1/�.+ I► a.61.4�.10��-�vi ►� ilC.�/ /.i�� �! 7 r Date:—, �7 Alicia Wentworth, City Clerk I certify that there are no outstanding invoices on file. Warren G. Hall, City Trzasurer 1187J SLATE Of cAllioltNIA DEPART NT Of *M51RIAl RELATIONS DIVISION OF LABOR STANDARDS ENFORCEMENT BUREAU or FIEID ENFORCEMENT 107 SOUTH 990ADV4Y, SUITE S479 ` LOS ANGEIES. CA QW17 (7 T:+) a 70 t7a CLAIM AND STOP NOTICE CITY OF HUNI' I r>:;" BEACH i PUBLIC WORKS DEFAFR", V= 2000 Main Street Huntington Beach, CA 92646 0100 t MXMI)IAN, GovgfPw Our Case #: 26-PW 36698 0 Contract # : C ta— rrs'J�� Project NarTe: MEDIAN STRIP PROJECT BOLSA CHICA AVE'U Prime., Contractor: MC GREW CCUSTR. , CO. Suir-Contractor: D & V ST. -9, CCtJCR)rM After full investigation, this Division has detenniry_�d that the above narro-1d effployer has failed to Fay prevailing wages as require,1 by Labe Cade Sections 1774 and 1815 to em- ployees engaged in pnrformirrg wort, in the execution of the above contracts as follcu-s: P�`lri>er of violations 61 Penalties (at $25.00 per violation) 5 1525.00 Prevailing wages due employees $ 252.90 Arroun t due training f urr.I $ 62.40 Total Amount Duce $ 1840.20 (SEE EXHIBIT (S) ATrACI {f?r) 1M MADF A PAf ZT HE RMF' ) Pursuant to Later Code Sections 1775, 1726 and 17 7, Section 3103 and Sections s181 thru 3187 of the Civil Cade and other provisions of law, you are directed to withhold the total sum shown from any and all payments mined by you under the above contract now or in the future. . If you receive notice of a suit filed by tJ)e contractor to rec—over the penalties, this amount shall. be retained pending the outcome of the suit as provided in Labor Code Section 1731. If no such notice of suit is received within the 90 days p•_riod after cessation, acceptance, or cofpletion of the job, all rrnni, -, witlJield shall be remitted to The Division of Labor Standards Enforcerr>ent at the above address for transmittal to the State Treasurer. Ii within the 90 day period the contractor consents in writing, the amount withheld as prevailing wage underpayTmnts shall be remitted to the Division cf I.1bor Standards Enforcement: at the &-ave address. Labor Code Section 1726: Hnfore rruki ng paym nts to the contractor of money due urYJer a contract for public work, the awarding body shall withhold and retain therefrom all amounts which has been forfeited pursuant, to any stipulation in a cunt raTt for public work, and terms of this chapter. But no Burr. shall be withhe)d, retain,_cl or l*()rfeited; except from the final payment, without a full investigation by eith,'r t11(r Division of Labor Standards Enforcear_ n t or by the awarding bxiy. . Executed on'this 2nd day of California. C Jr41FIED MAIL CC: Contractor (s) November PW - 9 , 19 a' , at Los Angeles STA'r E LABOR CCHM I SS I OW.R PY: CUM MURAOKA, DEPIrl'Y �1 n I � ci n ()i HUNI l^4GI ON ULACh Otilco of III,., Cry cloO, 11 0. lick 14C 1tu,1!,n►-1o!1 Bpry, li (',alit EXLMP'l I C 2 _ 1401 iCE OF ('01111.1,1I0N 14EC:;r'LEL) ;,• 1 CIAI, 11ECC_1L,r) NOTIC1. IS HERFBY GIVEN that the contract heretofore awarded by the City Counci 1 of the City of hunti ngton izear.h, 01 i fornia to_1~7cCre�c_.Cnns_t.rlit`t1411_CQmpd[Ly_1 _Lqr. 1461 Redyum Street.—P.- 0. Box 6540, Anaheim, CA 92806 who was the company therecin for doing the following work to -wit: reconstruction of Bolsa Chica Street between Edinger and Rancho Road, Project CC-652, in the City of Huntington Beach, CA. That said work was completed by said company according to plans and specifications and to the satisfaction of the City E:ngineEi• or the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on October 19, 1987 - That upon said contract the t-Insurance .l_ was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this _21jL_ day of October , 19 87. STATE OF CALIFORNIA ) by County of Orange ) ss: City of Huntington Beach ) Alicia M. Wentworth City Clerk and ex-otficio Clerk of the City Council of the City of Huntington Beach, California eputy I, ALICIA N. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of thus City of Hunt; -lgton 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 _ October , 1987 . This document is solely for the offininl bustness of the City of Hustin►,ton Bencil, as contem— plated under Governmont Code Sec. 6103 and should be recorded free of charge. Alicia M. Wentworth City Clerk and ex-officiD C c... of the City Council of the City of Huntington Beach, California by�t-x,� Deputy WIZEN IILCU14DLO MAIL 10; CONFORMED COPY CC-652 I 0FIEC"prIF0INOfFF0AL nECOAas Not COaiT parad :'! h Orfo.l 4f U► AGE COUfmr CALIFORNIA Ds of HUNTINGTON ti0% _ Office (if t►., laity Ct.•fk E:hEh1P. T� 87-59T 161 `2 45 PM OCT 2 6'87 11 el. it.rl lot) C 2 11111A.no'Nn U�.r, it call ):h�M • ��2 iI(ITifi Uf CUl1Pl.11lrlfl 1`Lc� ' RECCAMR] N;ITICL 1S IJIktHY GIVIN that the (.unlrart herelufurr awarded by the City Council of the City of ffuntingtun BeJ04, Califul"." to MCGI'tv.Gt)DSLCUCLIQO.IaaCL�QfIY,_IfIC�a_. _ 461-RedgTl_Street,_P._0. Bux 6540_ Anaheim, CA_9280S who was the cumlir ,y thereon for doing the fol lowing wort tr-wit: r� r reconstruction of Bolsa Chica Street between Edinger and Rancho Road, Project CC-652. in the City of Huntingtor, Beach, CA. That said work was completed by s aid accordine to plans and specifications and to the satisfaction of the Citi fngireer of Vol- City of tfuntiogtun Brach and that said work was accepted br the Cit, Council of they City of Huntington bee01 at a regular a,eeting thereof held un octubtr 19, 1987 That upon said contract the _ __ L�. wry _Inaul.U1:1. ..al i,ure:iy fur the burrd ciiven Uy ,he said company as rertuirrd by law. Dated at rluntinaton Beach. California, this _��5L_ deg of October' 19 87. SiATE or �Al IFORUTA i by County of Orange ) ss: City of Huntington Beach ) Alicia M. Wentworth city CIeri —an d`ex-iTfrilioZl-eR of the City Council of the City of Huntington Beach, California My I, ALICIA M. WENTWORTH, the duly elected and 5valiffed City Clerk and ex-offlcio Clerk of the City Cnuncil of the City of Huntington beach. California do hereby certify under penalty of perjury, that the foregoing hOTICE OF COMPLETIM is true and correct, and that said 110TICi OF COMPLETIGiI was duly and reS,:larly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this _?j% day of _ October ,^ 1987 . This document is solely for the aftlelf►l bustners of the City of Nuutin!ton Death. as conten- platod under 134yerment Code Spa. 6103 and should be recorded Ilrree of cf.arae. Alicia M. Wentworth City Clerk and ex-MIFIci CRFT of the City Council of the City of Huntington Beach, California by Deputy McGREW CO , N I�CTION COMPANY, INC. j 1461 Red Gum Street •P.O. Box 6540eAnahelm, California 9jjC*591711-11630.7022 i October 30, 1987 roger Frommer S Associates Post Office Box 57962 Los Angeles, California 110057 Attention: David Sackman RE: DV Stamp ConcreteuStop Notice" Bolsa Mica, Huntington Beach Dear Mr. Sack.aan, Enclosed is our check in the amount of 51999.06 made payable to the Cement Masons Trust, for full settlement of the above referenced "Stop Notice". You are not to negotiate the enclosed check until an executed "Release of Stop Notice" has been put in the call to us. Thank you for your attention and consideartion in this matter. Very truly yours, MCGR.EW CONSTRUCTION CO., INC. L do' "' Maureen Slocum Bonkkeeper cc: Ulrich Stenzel, Huntington Beach G61ERAL ENGINEERING CONTRACTORS �^ I- D P w REQU FOR CITY COUNCV ACTION Date Uc'toher 7, 1987 Submitted to: Honorable Ivtnvor and C'ity Council Submitted by: Pau F_. Cook, Intr,rirn (71ty .Adrnini:itrat nr?� �1�, Prepared by: Paul L. (look, Interim (.'i►y Administr.•etur �-'� 4. � �'�;,�•,, Subject: F�i)LS,\ LHIi�:� 5Tf`Lk:T PAVE t�ti=1•JT IiF_t:rAlf2, ASI1I 1AL_.T OVr,? _ 1r, '\cam �JC;► AND1_r�r Jl )al::�f�IF!(.; C)F M[-- 7I:kHS; CC-652) . ! , ..G tl ly , Consistent with Council Policy? (X) Yes ( j New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: f� i STATEMENT OF ISSUC: 10cGrpw Construction Company has rnrnpluted the construction of street imprn%-vm(-nts and the landscaping of rnedians on Hoka (-hica Street hetwvvn Edinger Avenue and Rancho Road. RE=CUM1- E1',jDATIUN: I. Accept the imDrovernents and ,aeethnri.:e• the ':itf1erk to file, the r•Jntice of CompletiOn. Z. i= pprove the total contrnrt cost of ANALYSIS: On April 20, 19137, the City Counr.il awards-d a cnntr,,wt to r•'c(;rvw C-onstruction C'onip:eny to repair and overlay asphalt pavinq and to cnnstruct and innrisral)v rnodians. The construction of these irnprovernent s is now rot^plr-h, per the• anprn%,(,d plans and specifications, and thvrrfore, the- Directnr of 11uhlic Works rr•commends acceptwice of the project and r(,quvsts that they r,,Jr)tie-v of (7nmolMin. r) he filed hr - the- �'ity (-legs:. The fnlinwing is a surnmory of contrar t casts: Contract AW-Ourtt Construction (.:antinw-ric_ies Total Counril Ap ro%ed 67,009.00 $670,2 3 3,f1C) $737.233.U0 F UND11"JU S0UR-''E: City Gas Tax Funds, Account #74020 $495.351.011 Oranne (:aunty Transport tiwi Trust Fund $254,65f'.,t" $7 509'000.00 AI_TLRNATIVE ACTION: Not applicable ATTACNh1CIJTS: None No sros Autual Lxjwnditures $06H,9211.31) 0.011 $66H,924. ') • City of Huntington neac_h Devartm nt of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Gen�lemen: • Subject: Certification of Comp) lance with Title VII of the Civil nights Act and Equal Employment Opportunity Act of 1972 The undersigned, contractor on gvz .,,r 'e'-V -'P`r ca � e c ----- - o. Ti tlee sE� .NC/�D hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, in;: that the work performed by each such laborer, mechanic;, appren* iCc-- car trainee conformed to the classifications set forth in the contract of training program provisions applicable to the wage rate maid. Signature and Title �,� P o. So. IQo CWbF HUNYINOTON BEACFI, CALIFORNIA "- 'Huntington beach. ,:A 9?B�t!! City Atiornt� � A h1UNICIPAL CORPORATION 'Phis is to certify that the policies of Insurance as described below have been issuird '.o the insured by the undersigned and ate in lor,:e &I, this! time.; If, tittle policies are earxelled or Nta-tged in such a manner that ivill affect this certificate, the insurance company agr«es 'to give 30 days prior written notice; by mail, to City of Huntington Beach, Insurance and Benefits Division, P. 0. BoA 190, Huntinalors (Beach, California 92648. 'Nam@of Insured !�r'cs.t one,f�yb�'latl �o, lnc.L 'Address of Insured 'I o"B&x 4.540 �rlahG�rr ,��, c(..Lrn. l Location of Work or Operations td be tpi `armed I Dsserlption of Work ce Operations �� h ,'• R ouLt Noon �n�tst� n uiact�s �r POLICY DATES L;MITS OF LIABILITY Name or Insurance Co. R POLICIES IN FORCE 'POLICY NO. In Thousands (000! Self Imurod Retention o Deduc Ibis, Elfectlw EApiratlr+rt 'GENERAL' LIABILITY ILI) 'COMPREHENSIVE FORM 1 BGL '193195 04/01 /87 04/01/88 ' $1,000 highlands Ins. I C(I ' PREMISES = OPERATIONS f CSL ' IXI 'EXPLOSION AND Each Occur once ' COLLAPSE° HA:.ARD 1 IXI 'UNDERGROUND HAZARD I ixi : PRODUCTS COMPLETED 'OPERATIONS HAZARD iXl CONTRACTUAL' INSURANCE t I KI 'BROAD FORM PROPERTY 'DAMAGE I Lttj ' INDEPENDENT 'CONTRACTORS ►ROFESSIONAL!LIABILITY/ ; ERROR! 6 OMISSIONS 1 AUTOMOBILE LIABILITY 1 l 4 COMPREHENSIVE FOWA BBA 523401 04/01 /87 04 /01 /88 $1, 000 Highlands Lns. IX OWNED S CSL MI HIRED Each Ocsv►enea NON -OWNED EXCESS LIABILITY I l UMBRELLA FORM S J OTHER INSURANCE COVERAGE WORKERrC(M1ENSATION BWC u06269 04/01/87 04/01/88 $500/500/500 Highlands Ins. AND Wa!vw of wbr"ation from workers' Compons.4ton ' Insurer. ' Additional Insured Entwestiment: The insurer Egress to provide an endorsement to each policy shown above as follows {excluding worket's comp.) The insurer agrees that the City of Huntington Beach and Its City Council. and/or all City Council appointed groups, ' committees, commissions., boards and any other City Council appointed body, and/or elective and appointive ufficers,-terwnts or "employees oh the City of Huntington Beach, when acting as such era additional Insureds hereunder. Such Insut;ince Is primary and not excess or corttributina to any other insurance of the City of Huntington Beach. ThN cwtificala It tasued at a nattw :f Inlarnsetlon. This certllicate Is not an Insursewe policy and does not amend, extend or aloof the coverage of lorded ' bi'the polidet listed herein. NoWAthstancrJrp any requirement. term w condition of any contract or other document with respect to which this certificate 'of lnewattm rney be Issued or ►nay pettah. the Insurance afforded by t6% palidesdeacrilted hwein it subject to all the tertne; eRclusions and eonditionr of weir popdea. "t> ith, tievtnan' b Adamson' Insurance Highlands •Inaurance' Company or stook" '285 Ilmpdflai1IHWy: Suite'104 ' few ' ulle r on , . . 1- ,.... . •_ None OI r-w$3 l to be conssetea 111,41" . 773-4084 t Tefpl no"htirnba I�l�eCowan 'Irvine, ' CA 92714-6803 i.- rL aired 1 W amson 4/22187 Dole NOTES Authorf:ed ttpnelure tray be gents If spent has }!aced losut once through an agency agrsonwrtt with the Insurer. If insurance is broMered, slrthorUed sipneturs must be ehat'of on official of the Insutenrue company. SEE REVERSE SIDE FOR HOLD 14ARMLESS AGREEMENT Co. Co. Co. The City of Huntingwri Beach requires by ordinance that a Cerlificite of Insurance be on file with Its lu• 'lip i:,usnce of a permit or license. and that it be kept -..,rent for as long as that permit or license is in Inrce. Tne certificate you now have on file with the City will expire on the date -hown on bottom cf mailing labol. Pl, ase have ynur agent submit an updated Certifkate of Insuranc3. on this form prior to this expiration date. Failure to comply may result In thtl cartceltati•.n of your permit or license and the closing down of your operation or +event. 'Fhis is the only notice of ut,:ellation you will receive rrorn the City of Huntingtun Beach. THE CITY OF HUNTINGTON BEACH MUST BE AN ADDITIONAL NAMED INSURED. All Certificates of Insuran:e should be mailed to the insurance and Ienefits Office, City of Huntington Beach, 0. 0. Box 190, Hunting ton Beach. California 920411, If you have any ques+scns. please call this office at 536.5990. DEFENSE, INDEMNIFSCATION AND HOLD HARMLESS AGREEMENT The undersigned Insured Contractor• a a"ole Propriator/General Partnership/California Limited Partnorshl r,lif�:s_Co��o�atio Other (you must circle the appropriate choice or fill In the blank) hof@K egreos to d indemnify and hold harmless the City of Huntington Beach. Its officers, employees and servants (hereinafter collectively referrel,14 to as City) from any and all loss, damage. cost, expense, liability, claims. demands or judgments arising directly or indirectly out of the work, prole-- , event or other punpos7 for n:,tich the accompsnying certifkate of insurance is provided, regardless of the active or passive nature of any negligence by City exceF t when such liability arises (sont the sole negligence or wrongful misconduct of the City. This agreement extends to cover the actions and omissions of third parties as well hs those of the Insured Contractor lindimnitor) and the City (indamnit"o). The legal defense required by this agreement shall be provided upon request by the City and at the sole expense of the Insured Contractor. Any costs of defense or stto�"4 fees Incurred by City In enforcing this agreement shall be reimbursed to City or may be swardod to City by a WWI of corZ�o +'n4risdiction. o SIGNED: By: 'f itie:-Cry/ r,�'C" 1 By:, If a Corporation. TWO must sign: or, In the alternative, pretttnt sa factory evidence of your authority to bind your Corporations. ' FIO am = 1 1 , 1 1 + r 1 . I . ••.. . • • r • .. _ .. Otto. �• .� 1 1 ••� . ..�. .•i 3k,: � v1 •..1 •� •eta• l , i.. ,,. �'�•., �, ..r � •t�, CITY OFHUNTINGTONBEACH!'r•t4�..t..•l.•''•• I,•,.,, ...,,..,I•l lot. ,v,lll -� Insurance 6 Benefits Division �' •• P.O. Box 190• �;c'�r,,. , ,t,,.•. . : , •n K•►1/y,1.1. M.11, Huntington Bosch, CA 92640 1 . 1, I S'r0P N 0 T ICE TO: CITY OF HUNTING!'ON HF.ACH 2000 MAIN SIR EET HUNT INGTON BEACH, CALIFORNIA 92648 ATTN: LES EVANS, CITY F.NGINEF.R NOTICE IS HERRBY GIVEN that at the construction project of Bolsa Chica and Fdingar, Median Strips, Huntington Beach, County of Orange, State of California, ut,der public works contract Number 614 between the City of Hunting ton Beach, the at -yarding body and McGrew Construction Co., Inc. (herein "McGrew") , the general contractor and D&V Stamp Concrete, Inc. (herein "D&V"), subcontractor, did perform work c.n the aforesaid construction project. Pursuant to a collective bargaining agreement entered into between U&V and Cement Masons Local Unions, D&V became indebted to the Cement Masons Trust Funds for work performed by employees of D&V at the aforesaid project for July 27, 1987 through August 9, 1981 as follows: Health & Welfare S Pension a. Reg ul ar b. Defined contribution Vacation -Holiday Apprenticeship Industry Fund _ TOTAL: $1 ,999.06 Said Labor and work consisted of cement finishing and masonry at the jobsite . Said labor and work was performed at the j obs i to at the instance and request of the City c f Huntington Beach, McGrew, and Each of them, and was consumed upon the aforementioned construction site. You are hereby notified to withhold from D&V, McGrew, art+ each of them the sum of S 1 , 999. 06. qt'!! NT MA S9` 11JUST FUNDS •�Yj ~ JENET OZ A, Administrato by ROCER PROMMER, her personal representative and Attorney - Of -Fact STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS A.NGE LE S ) I, Jenet Ozuna, do hereby state that I am the Administrator of the Cement Masons Trust Funds and am authorized to file this Stop Notice. I have read the foregoing Stop Notice ar,d know the cnnte nts thereof, and the sair.e Is true of my ow. knowledge. I declare under penalty of W r jury that the foregoing Is tree .,,nd correct. Executed this r.;, �; day of mac• t�'.ti.u�1� , 1987, at El Monte, County of Los Angeles, State of__Cal--.`_ox.nia. JENET OZUrp., AdviMgtrator by ROGER FROM ER, her pe rso na.l representative and Attorney - Of -Fact JDS : wit VF565 WD5,29A 17 ., ne CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE or THE CITY CLERK flay 19, 1987 McC,rev: Con!,tt �t ion ('n. , inc. 1461 Fiedgum �-)t I-eet C'. Q. Box 6"140 Anaheim. C:` I)Mlh CALIFORNIA 92648 tr.M^f�'.2RE: Boisa ChILi1 �e0Rep`,Ileia Enclosed is your bid tlond, a copy of the executed c:nntract with the City of Huntington Beach and a Certificate o4* Compliance form. The Compliance Form must be signed at the completion of wort; and returned to this office. In addition, the following items must also be on file, with this office, before the City can release any retention funds. 1. A rarranty bond gt,3ranteein, the final amount of work and materials for one year, If your performance bond does not include spedf:c wording for a one year warranty, then a rider or separate bond must be submitted. 2. An affidavit Muting that all workmen and persons employed, all firms supplying materials, and all subcontractors have been paid In full and that there are nc outstandinn claims av_ainst this project, r Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contract Administrator, 536-5441. Alicia M. Wentworth City Clerk AMW:bt CC: Don Noble, Public Works Dept. Enclosures: Bid Pond Cash Contract Certificate of Compliance ITe4phins; 714.53E-5227) CITY FUNNIED Pr'oBLIC WORKS CONTRACT BETWEEN' THE C I "'. Y OF HUNTI NGTON BEACH AN'D MrGRErW CONSTRUCTION! CO. _FOR THE; RECOUSTRUCTION OF BOLSA CHICA STRFE'f BETWEEN EDINGER AVENUE: A14D RANCHO ROAD THIS ACREEM 'NNT is, made and entered into or, this 1'daJ of 1 , 1987, by and l)er..een the CITY OF :?UNTINNGTONN BEACH., a municipal corporation of the State of California, hereinafter referrer. to as "CITY," and McGrew "onstruction Co. Ini:., a California. corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids fcr the public works project, he-reinafter referrer to az "PPGJECT," and more fully described as the recot.struc11-i0n of H01SC-4 C'h:ca S'.rer?t between Edinger Avenue and Rancho Road (CC-652) in the City of ":untino.ton Beach, Ca?it:crn'_a; and, CONTRACTOR has beer, selected and i to pe. f orm said PRU,'ECT ; NOW, THEREFOP.E , in cons i rerat ion of, the promises and aaree- menc:s hereinafter made aric. exchzinged, the parties covenant and agree as followo: 1 . STATEMENT OF WGREi ACC FP T ANNCE: OF F I SF CONTRACTOR shall furnish, 3t ins own -expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all otheC items, sery ice.,3 and facilities necessary to complete and construct the PRr,JF(:T in a aoad 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 unforseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any 1. U • description connecter: kith the work, i•:cluding, but not limited to, all expenses incurred Wy or in cnn!;vquencc• of the suspension or discontinuance of wort-, except such :is are herein e::pressly stipulated to be borne ::}* CITY, and. for well and faithfully cor— oletinc the wore; within Lhe st_pulated time: and in the rr,ar.P.er shown and describeu in this Agreement, a—: ir. accordance with the requi remt-nts of CITY under them for the comr)ensat ion set for th i ri the accepted bid proposal. However, the t t.a l compe;;cation t c, : e paid Is to be coimputed or: the basis of the ur.1ts of w o r l: 1 3 ,xc-t'uaI performed, in accor.iance with the stipulated pr1.ce,: :r: L1,e Bid Shept(s). 2. A C C E P T A U C E. OF COtIDIT10NS (,iF itiOR:;; PLA;'S AND SPEC I E I CA r I OIN CONTRACTOR acknowl It. hhat- is f:;I I familiar with ail the tertms, conditions any, otbliaat:on- cif thi:. =,creement and the Contract Documents ( a:; her einaf ter pit=f ine(? ) , the' brat ion cf the job site, and the con(itions uncle,. which, tt.e wore: i:: to i,e performed, and that it entor: ;nt(: th i 5=,greer, er.1- L--".ea upon its i n v e s t i c: a t i a n of a I SLIr'h mat`.ers anc is rc-Iy.ny in rt0 way upon any opinions or repreSe•ntat ions 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. 2. "Contract Documents" as defined herein mean and include: A. 'this Agreement; 3. Bonds covering the work herein agreed upon; C. Tl;e cI:Y'r standard Plan:, and Specifications and special contractual ;provisions, incli;dirl�l those on file in the office of the Director of Public Work.- of CITY anc: adopted by the City Counc,.l of CITY, and Fine revisions, a-mendr„eats or addenda thereto; D. ':he 1955 edition of Standard Snec:fications for Public Works Constructian, published by Bu 1 1 dr: r 's news, 77nc., 30`5- Over land Xvenue, Los Angeles, '-,aIifrrriis 1460.341 and all crnendrientS thereto, written and. proru1nat,,-d : y tt,u sol.thern Cal i fornia chanter of the Amer iea:, Publics F;ors;.- r,ssoeiation and thy: Southern Calircrnia District Associated Genera: Contractors o: the Ca'-,L... fornia Joint Cooperative Comm:ttee; F;. Bid Documents in-luc:ina the Notice Inviting Bids, the Special Instruc-tion__ to Bidder:z Aric! Lh(' Car.tractor's Propo: al; F. The particular plans, specifications, special pro- visions and addenda applicable, to t1he PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and riot :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 CON- TRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy 4 I-] sha 11 not be ad jested by CONTRACTOR, save- on i f at i t s own r i s k and expense. Should there be any conf 1 ict bctwepri the terms of this Agreemei.': and the bid or proposal of CONTRACTOR, then thin Agree - meat shall control and nothing herei: shall be considered as an acceptance of the terms of said bicl or proFosai which is in conflict herewith. 3. COMPENSATION CITY ag►ees to ray and COiNTRAC'TOR agrees to accept as full cOmFensation for the faithful r_erformance of tt.i.- Agreement, subject to any additions or deductions made under the proviFions of this Agreement or the Contract Doctments, a sum of six hundred seventy thousand, two hundred thirty-three dollars ($670,233), as set forth in the Contract Doctments, to be Laid ac yrovided for in Sections 11 61 13 and 14 herein. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to Commence the !'F;O,,ECT within ten (10 ) working days after Notice to Proceed is issued by the DPV1 and shall diligently prosecute PP.OJE:C'I' to completion within fifty five (55) calendar data after the Notice to Proceed is issued, excluding delays provided for in Section 11 herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required s • by the Contract- Documents for all shop drawings, details and samF_ es, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set fort►- in the Contract Documents. CONTRACT'01R, shall coordinate its work with the wo:k of all other contractors, subcontractors and CIT!' forces working on the PROJECT, in a 'nanner that -will facilitate the efficient comFl,,�tion of the PROJECT and, in accordance with Section 4 herein. CITY shall have cnmp:ete con - trot of the premises on which the work is to be performed and shah have the right to decide the time and order in which the various portions of the wor',: shall. be performed ar,; the priority cf the work: of other contractors, subror:tractors And i:T'i forces and, in general, all matters concerning, the timei any; orderly conduct of the work of CONTRACTOR or, the ,premises. 5. CHANGES CONTRACTOR shall adhere strictly to t hc. 1, 1 ans and speci- fications set forth in the Contract Docurnc:nt: unless a change therefrom is authoriz'eci in writing by the DPW. CONTRACTOR agrees to Take any and all changes, furnish materials and perform all work necessary within the scone of the PROJECT as the DPW may require in writing. Undei no condition shall CON"IRAC'TOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work., CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost 5. El 0 proposal, the work slial-1 be performon according to the changec ordered i n writi►jt: by the DP;-: and tho proper cost: thereof. shai 1 be negotiated b_.• the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CIT'i wi I! r-rom:� .-- ly i ssue ari adjusted change order to CONTRACTOR and the contract price will be adjusted upward or dawnwarc accordingly. 7. :.0TICE TO PROCEED No work, services, material, or ffqu'-pment srial l be per -- forted or furnished under this Agreement uniess and until a t:otice to Proceed has been :liven to the C01:1RACTOIR bl, CITY. CITY does not war rant that the work: site w: , 1 be available on the date the :Jotice to Proceed. is issued. ir, event of ,. del ir, commencement of the 'work: due to unavai l abi i 1 t J- of t1he fob cite, for any reason, relief to the COt:TRACTOR shall tie I Mite:d to a 1,ime extension equal to the delay Niue to such unavailability. a. 9 0 N D S CONTRA%,rCi? shall, pri(:.r tc. er:ter_r,c uron the-erfcrmance of this Agreement, furnish the follow-Ing honds approved. b;. the City Attorney: one in the amount of one hundred percent of the contract price to-;uarantee the CONTPACTOR'S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of fifty percent (501) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done 6. W under this Ayreerrent including, but nC't 1 imit:ed to, ar.y worKrrian- shJF, installation, fahr icat. ion, 1nat:erial or S,tructl:raI faci Iitiea constructed tC?r: (1(,) C].J:i aft(-,!- 1)oC10E by CI'1i of an,•' d(?ftilC- c)rK, shall ha-,t_ t:;E'' oF.tlor, to maKe approprlate repairs or re -place the defective itee' or items. UkOn expirat r of SI:Cr) 11!J) da rerlod mal' ! t1F?r: Tr' IkC- app rour'_ ate repai r c,r re, .' ac_errlen'_ at. S r 1 sr; arlc' eY.pense . 11-+. I NMEPFINDENT `C';':'RAC i OF i t i s under s t^c_ r; �srld .)' reec * h;i'. talc= CCI;TRACT0 i s, and s?,all be, act .ng at ail times hfreuncer as an ino'c erdent contractor and not as ar. o', (? 1 T Y - CC1';': iACTUR shal l secure, at lta excense, an'";i t r��sl or:s ; :�' for an} and al l payment of income tax, socia: t cl ; . , , stare d. 1 it%' .nrUrance comcensat 1 on, under, i o, a; ec:t co r:c:en:-at. ; or anc; either pa ti rol l deductions for CG,',7RItC-1C-11' an it_ c,,.f1cer. , agent s arlc; employees, and all busi.^.F's,3 1.Ce'r;lif=:., i f iin'. , lr. (.o:ir;eGt _or. •r lth the PPOJF.CT. 11. LI UIDATFD DAMAGES/DLLAYS It is acreec: by the p-arthereto that_ ir. case the total wort: call ed for her eunder i s not 1n E, ! : arts -_,nd ren,ui remnents finishes: or completed '4'*t.hir, tre numbe" c,: ca endar days as set forth in Section 4 herein, damage will _-ustained 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 b; reason of such dc.'ay; it is, therefore, agreed that CONTRACTOR will pax to CITY, as liquidated damage:; and not as a penalty, the sum of four hundred dollars ($400) 7. 0 per dal for each and every aay',; delay in ccinpletina the work in excess of the number of' days :-et forth in Section : herein, which sum. represents a reasonable er;deavor by the parties hereto to estimate a fair compensation or the foreseeable losses CITY woulc: sustain in the event of and by reason of such delay; and CJlJTRACTOR agrees to pay said damages herein provided, and further agrees that CIT'i n?ay deduct the amount thereof from any monies due or that may become due to CONTRACTUi: hereunder. CONTRACTOR wi 11 t.E granted an exter.s 10n oi' t i ;.+e and wi 11 not be assessed damages for any portion c'. the de1a1 ;n comrletion of the work due to unforseeable causes beyor;d the control and without the fault or necIigence of CO!,TstACTGr'., incng, but not restricted to, acts of GodA or of the public enc:a; , fire, f loods, epidemics, quarantine reStr;ct:ons, strikes, i:n uitable weather, or delays of subcontractors d!;e to such causes. CONTRIXTOR shall, wlthir, f i fteen ( 15 ) days frog., the beginning of any such del ay the DPI -A' shall arart a further period of time crior to the date of final sett ierr,ent. of the Agreement) , notify the DPW in w: i t.. i ng pit the Cause of the delay anc: C I,rY shall extend the time for completing the work. i f , 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 oy the combined action of the workers, in nr_, way causea by or resulting fror-, default or collusion on the hart of CONTPACIOR, or in the event of. a lockn,it b%' CITY] then the time herein fixed for the com let,.or. o: t ho wore. shall be extended by the number of rays the CONTRAC-OR has thus been delayed, but no al lowance or extensi.ou sha11 tie trade unless a c.iai rr, therefor is presented in writtr_, CI'TY N:thin *:ifte(,r; ( 15 ) dav- of the commencement of such de la . No claims for ar:dItlor;ai ^ompensation or dar "roes for delays, irrespective of the cause thereof, and includin, without lirr,itation the furnishing of materiil by CIT'i or delafs by other contractors or subcontractor=, rill be allowed and said extension of tine for com letior. sha:I t(:. tt;f_ sole remee of CON RAC 'OR. 12. DIFFERING SI rE C'JNDI i 10flS ( 1) Notice The Cot: 1?hCi,')P shall 1 romptly, and before such conditions are disturbed, notify the DPW In writinc of: (a) subsurface or latent rhvsicaI cor.cition_, at the job site differing rr-ater.all} from those indicated ir: this .;gree- ment or the Contract Docurrrents; or, (b) unknown physical condition.:: at the job site, of an unusual nature, differiric materially from those ordinarily encountered and generallI recognized as inherent to work of the character to be performed under ,.hi. Agreement. The DPW shall promptly investigate the conditions and if it finds that such conaitions do materially so differ and cause an increase or decrease in the time required for performance of any part of the 9. L' E7 work under this Agreement whether or not changed a: a result of :.uch cor,jitions, an ►equitable ad justnient sha).1 bf_ made an(1 thc: Agreement modified in writing accordingly; (2) Time Extension No c l a irr, of the CONTRACTOP. under this Section shall be allowed. unless the CON TRAC'iOP. has given the notice required hereunder, provided, however, the tim,: prescribed therefo may he oxtended by CIT'i . 13. VARIATION'S IN ESTIMATED QUANTITIES The ouantities listed in the bid schedule will not Govern final payment. Payment- to the CONTRACTOR will be rrade only for the actual quantities o,l. contract i ters used i ri construction -)f the PROJECT, in accordance with this plans and srre.-lfications. Upon completion of the PR0,1::C7, if the actual quantities used are either more than or lesE than. the quantities listed in the bid schedule, the bird price shall prevail, sut::ject to the provisions of this Section. The !)p:,,; may, at its sole discretion, when warranted by the facts and circumstances, ordler an equi tab +.e adjust-ment, upwards or downwards, in payment to the CONTRACTOOR where the actual quantities used in construction of the I'ROJEC- are in variation to the quantities listed in the hid 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 ju6gment the findings warrant. 10. 14. PROGRESS PAYMFN"I'S i:ach m,ontii the DPS. wi 1 i r.:lVe W,, e�-t i mr zt►: irl wr i r_ int: of the :o-k performed t', CO,TRACIC-,. :t.d the value: "-hf:rc.,of. Fro- oa'.h !:':ociress estilr:ite— t.eII hr-r•Cc:iC 1 lnso. ) wi_. :-(° C1du c t. (:- Ci and rf'taIned arla ctie rc•ma, nd:er l er:: the atrour,►_ of a 1 _ prev i r)U.-I ra�•- S1nci? tht- r , )[ id 1'rNT,I)AC'TOR CC,,..2�`..._., ^s:., •n 'tip' ur :,.,f,r.� :�i the L)Pii, fait'h- LU11v executed f 1 f t; 1)'_•rce'nt (5(•) e) hr TT. Ort: r)hE? the wC'rl: as ieterr, nee fro^ i.hr �.;.Ci sCiedli;!-, a""d, 1! t}ie' DPW F:nc that sat isfa�:tor, rr0c:res.: },aS; i d�e;. drlr3 Lei:,c; mar. , ttie Gtr r"=d:C .'Ucti s.lif'ri . l ;r_,ntii u; tr c,nf_ t�.:;drwC ;:E rc4:)r;t i iii� %) o_ t!:e <::��_ t}.� �arh: ce t e d Si11ce cc),T -,t'ncL,Im. 5': ?i � 7i� t i , 3:: C► terir,inE'd to , �V• r r DP�i, iesa a_1 �-r�....ot.. t_d: �iE:l . �a„c1 iti... �.. e'.'_��u:ill t'tcl:tfE?d] nour,ts. :he f.r,::i ras', e�:;:, i :r,rncu�,t:erg_ , ar part there -a: u-nerlcumbe'red, C-1hai i br, T.dC;f' i:i+:rtl'-! ::"_' i.j�) :j.i;':' c'�ftf'i ttE' acceyt-ance Or the i or►: and: ttiF f l l ::i : of :i tlo'_ :ct• C.'; Completion by CITI Pa mc,nts _r, ttie r^anner required by 1%sw, each F'a;'Ii:PSit t!*) tt, ,,compan 1 ct, by a C ►'t if icat e signed by the DPW, :if r 1 r r,: i:tj f:1', the w of whi c:h I�alrrenr is demanded has- been Ve'rformed, ii accordance w 1 Li; the rerims of the Agreement and that the amount statue in the certificate is due under the terms of the Agreement. Partial I�avments on the contract price sha11 not be Cori-idered as an acceptance of any part of the work. 15. W11THELD CONTRACT FUNDS, SUESTITUTIM OF SECURITIES At the request and expense of CONTRACTOI:, who shall 11. E retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to thr- amount of any mcnie':; withheld by CITY to ensure 1., r formi ance limier Section ].3 of this: Agreement. lb. AFF?U:,VI'rS 0r SATISFACTION OF CLAIMS rafter the comf:letic)n of the work contemplated by this Agreement, CONTRACTOR shall with the DP1 lt� affidavit Stat- i nc: that �i1 . workers ar,(i person:; emt;• a l : f i rms supplying mat :r.aIs and a? l subcontupon have been aaid ? n t hat the:re-• are r; . r_.a_1�. c) .. r:c;. nra_r'Ist c.'.UJ E CT _nr either lat.;o: ar !rater. ii , exc.eVt Cla, te.. s, any , to be sFt artco.e. r: .:;i ..tt,... _ ., o: items in con- r!ecL 1 •:I f!: N 0 t Wit'_ to *, , t?-'i. ::; .: . `ia-.'e:' i s,er'. f _ led (:rider the r7ros.'1ris of the `i ute:.. .!.f' i•"str' o` Lu1.I0rT'i_'s. (: C L. A i,'�•��t c,i t he �• 1 na 1 -- C:. 1 f _L-ate .r'. iici 1 t : !. ... 0 . *h , '.'i. r ;11 _ L a : +—. .. a:,]: nat C.I'r`' tit1�.1_ i+iart ��__> '_=:1 H -0 1" ii i? .L� SS agrr-e:,- ti protect, defend, indemnify and >,o.d ar:d save har!r.iF-...s C11T , itS, dicers, agents and employees-zigairlst 71n;- anr: i11 1iabi1itj, c 1 a i 7 S , judgments, costs and demands, however caused, incluOino t►lose resuIt: any from death or in juty to CONTRACTOR'S e,,ployees and damage to property, arising directly or Indirectly out of the obliyaticns herein 12. undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by CITY, save and except chose which arise out of the sole negligence or sole willful misconduct of7 CITY. CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requester' by CITY, and any costs of defense or attorneys fees incurred b.? CITY in enforcing, this obligation will be reimbursed to CITY or may be awarded to CITY bj a court of competent ;urisdiction. 19. WOREEFS' COMPENSATIOI : tiS'JRAt.Cc'. Pursuant tc Califorr:ia Lj-bor Code. Sect,o:; 1661, CG'1TRr1C:UR ac'r.nowlF_�:��es a'�'arer:E:.`:_ �Ji SeC:tlO.1 �'0 1 e't S42Q. U� Sald code, w�:ich requires ever o to insure(: ,,cainst liabii,t;: for Workers'-ompensati0n; Covenant :.hat it will complj with `uch provinioras prior t0 performance of the wore herCL:nder. COt,I'i?AC":0N sh,a11 rr•-Sintsj.r; suct, Wc,r <rs' Co,;:,ensa•- tlon Insurance i n :!ri ar otint o! rlct :,:ss than i .ne hundred thousand dollar: ( 100,000?, at .,11 tnc:ldent- hereto, in forms and underwr,tten by insurance compan,,e -,atisfactory to CTTY; and CONTRACTOR shall, prior to commencin<. performance of: thy-, work hereun-der, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certifi- cate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior• to any cancellation or modifica- tion of said insurance policy; and CONTRACTOR shall notify CITY at 13. least thirty ;30) days prior to any cancellation or modification or such policy. Said insurance shall not derogate from the pro- visions for indemnification of CITY by CONTRACTOR, under Section 16 of this Agreement. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcon- tractors' employees. CONTRAC.OR shall Furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation insurance and CO TRACTOR shall similarly require all subcontractors to waive subrogaticn. 20 . I t1SURAtoCE CONTRACTOR shall carry jit all tlrie .ncldent hereto, on all operations to be perforimec toCii.7 in- I and Frog c-rt}- d3r::age I_abi 1 it. r,:-ur ance _ o1 ic, e0 ! nc I udi r,c automotive bodily iniury d:a.na,ce I i a b i I i t y .n:7urance, +.rider -- written b}, insurance companies , n forma:, saI- i sfactor}• to CITY for -311 operations, subcontract woit., cor,tractu onIiQat1onsI product or completed operation:: :and .-ill owned ve"-Lcle:; .and non -owned vehicles. Said inst1rar,(7 e p o I i c i e s s h a I I narr,e they CITYI itr officers, acents and employees and all public agencies as determined by the CIT'i as Additional insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the:, life of this Agreement, in an amount of not less than one mil�ion dollars ($1,000,0000) combined single limit coverage. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and aareess to provide certificates evidencing the same. 14. Before COINTRAC'TOR performs any Fork at, or prepares or delivers matey ials to the site of construct ion, CONTRACTOR shal 1 furn11sh to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing: insurance coverar.es; said certificates shall provide the name and policy number of each carrier and policy, any. shall state that the policy is currently in force and wi11 riot be cancelled without thirty ( 30 ) days written not i ct: to CITY. CON: FACTOR shall maintain the foregoing insurance coverages in force unt i i the wor k under this Agreement is fully coiTtpi?Ced and a.:ceFted ty 1:IT'i . The requirement for carrying the foregoing insurance shall not rerocate frog the ;_rov;s;Gn:: ;cr inderrinif.cation of CITY b•; CU?:TRACTGR under Sect.(-)r, ree,,.er,t. iIT; or its representative shall at all t i . E :. haves t r :-ht tt:, demand the oric.r.a I or a con.' u_ a sa.c coo s of :nsurance . CONTRACT OR shall pay, i n a pr0m11 t ar.c_ t 171C- , r_Anr,f:r , rC'TI :lr'-s on al l insurance her":.nat, ovf-' :—eq'.Iri_r:. ii. DEFAULT AND if CO!:TQACT0Q rii. I._. or tr,, yr o:.ec::te the wore hereunder 'with di1igence,, or ta, 1:; to conrIet-e the worti: within the time specified, or is adjudged a bankrur�t or :,sakes ar assignment for the benefit of creditors or becorres Insolvent, or violates any provision of this 4greerient or the Contract Documents, CITY may givE notice in writing of its intention to terminate this Agree- ment. Unless the violation is cured within ten (10) days after such riotice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this 15. 0 • 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 due, or to become due, to CONTRACTOR. 22. DISPOSITION OF PLANS, ESTIMATES AND CTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agree- ment, all original plans, specifications, drawings, report:, calculations, maps and other documents pertaining to this Agree - meet shall be deliverer'. to CirY and become its sole property at no further cost. 23. NON-ASSIG`JABILITY CONTRACTOR shall not sell, assicn, transfer, convey or encumber thi:: Ac reeriierit, or any part hereof, or anv right or duty, created hero-21n, without the prior 'w'rltte-, C(-)rl:F_'r,t (-)f CITY ar,d the surety. 2 . CITY EMPLOYEES AND OFFICIAr.,S CONTRACTOR shall employ ne CITY official ,nor any regular CITY employee in the wor. i; performer c^- ursuant to this Agreement. No officer or employee of CITY shall have ariv financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 25. ATTORNEY'S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and 16. s • necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOi? or any subcontractor to enforce a Stop Notice or Notice to Withhold which name:, CITY as a party to said action o. by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative ana attorney's fees, costs and neces- sari diat.ursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation, shall be provided for ir, th(- labor and materials payment bond required of CONTLPACTOR. C!'"LY rray charge an administrative fec of one hundred dollars ($ 1 OG) for every Stop Notice f : 1 ed in excess of two, regardless oi 4heth*?r or not CI.�' is ra.,:ed i;, an action. CiTY r,aj set off any unreimi-,u— sed cost or expense so .ncurred against any Gum or sums owe,-: by CIT�I to CO';' RA -TOR under this Agreement. 26. N0i'ICES All notices req:..ired or permitted hereunder sha_ 1 .�e delivered in person or b} registered or certified; mail to an authorized representative- of the rirty to whom del ive,.y is to be made, at the place of business of such party, or to any other place designated in writing by such part, . 27. CAP T : OT1S Captions of the Sections of t,-is Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, rodify, amplify or aid in the 17. • • interpretation, coristr.uction or meaning of the provisions of this Agreement. 28. ENTIRETY The foreyoino represents the entire Agreement between the parties. IN WITNESS WHEP,EOPy the parties hereto have caused this Agreement to be executed by and th.rouch their authorized officers the day, month and year first above written. CONTRACTOR: McGrew Construction Co., Inc. P.O. Box 6540 Anahei,7, CA 92680 Gordon E. Mc:Gre Presicent, Kenneth aver, Secretary/ Treasurer ATTEST: ,r •ll .. City Clerk REVIEWED AND APPROVED: 003aL CITY o Hvt:T;NG,ror: BEACH F)s &A !414W W-AAR 5 ,� ; i�i�Pr�.'.'cG AS I'Cr RM: City Attorney -rE INITIATED AND APPROV D: Director of Public. Works 18. lfnnd Nu' 6 l i rlcl InlliJl p,emI il"I r,h,,rgV IC'l Ihn bung It h to);►:' rf)f) sut)"", to a0lu11rnent up,)„ t„nplern.n 'it .^nrrAct 41 LArWIr.Jble late on rrnAI contlact-pros. I JIGIWAMERICAN INSURANCE COMPANY Cn11. YL i 011, Ci'J r At~orno IJCV.;ty Ci`, A:�rJrr,-3 L CONTRACT BOND - CALIFORNIA 7J��ti FAITHFUL PERFORMANCE - PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS McGt•1•w' t'lint;[ructittn Cutn�,anv, Int . That vse, as Principal, ar,it GREAT AMERICAN INSURANCE COMPANY, a corpor3t,on orlganoied unt±er th•• la.'.; rl! thI• State of Ohio jod duly author I: ud to transact business in the State of Calilornla, as Surety, are held and f irmry :tnund C:i tv of lEunt in_ytc,n Ht-,ich _..� as Obligee, S1?t itundr ti St :'�rnt Thuu�;intl' E't,au Hilniii'e�ci- � 1 rt . =Tlr rc't• .ltici .,u 'i7TTT" in the sum o� :__-.-- -----_ ____ _._�_—.�_.� _� Dollars, IS h ill, 2 33.UU. 1, for the Dayment wherrot well and truly to tie made lhi Princ-.1ml and Surety hind themselves, their heirs, V11PLUiO►S ariministralor;, succestrxs, and atsigns, lumpy and severally, f ornly by these prewnis SIGNETr, sejlr_�d rind dated this .i.. __ -tt i day of i WHEREAS, the Pri-will-Ial and th.: Oblig"! ha.e ttntttr-d Intl, a vo iltrn contrdct, hrrre!naflef c.flled tf t Coo.Iniracl, a rt)ll•; of which Isar "my be 3tiached herelo, dated the _. day of .. _.- .__. —._- _—_ _. .__ — ..___ _ .9 for Tht: e'cU1'.41r1:.'.IUIt ,,: ilol., 1 Ctii, ,I .fit rt..'l .'t•:t' .tit III,! r't -it. , i :!litlt I-ii z"n tlt.i,.,l , ( NOI THERFFORE, the con-dition ;f th!• ioteilmn,l olllrr}tt:c!r•: Is mach thai .! the Prin,ctt,,!l shall ►yell and truly p-iform and f,.!Iflll all the i.rulr. takirxlt, ro.enants, ittrrns, rondittnns, ind a(lit_••mrtntti of #,'Od t.ontrart, ano dur,nq iht life of an" tridwrity ri,00tied trnrhlr ihr mr-.1ract, and shall also well anti truly peffo►in and fulfill atl the linderta: !nrK. m vi ints tt•rnms, cnridil:ons, ar)(1 ay ei'rnrnts of An-, and all d,,ly atithorired modifications of said t.onlrm:! th,it rrtx, hereafter by math•. Inen th!s t0 ltt�)tlon shali t:rr osd, r)0wfvoi-w To rtrrrtain in full force arrd effat:t PROVIDED, HMVE11EP, it shall tw a ron,lltiun 0.1"CtKti'nt tc),tns right n! -,-�-uvety heri',intiot that, in tntml of ony ni!ault on tht,, t>,)rt of the Princittil, a ►•rrittvvi statrry.oct of the iotlit.ul,,r f,;rts sht"%m(l ihr d,iteand n.tturr of such dt!fault shall t?•' immvrf,t+t!•ly giwen t), the Obllta(.e, to the Surety anti sl:ali i;e fernsardlnt by riC1:51efo-d rna,l to tht' Swely at its .11;rr1 rr sirat,►'r �'+ cr. at 5aQ "lain:It Str,, i, C;nr,nndt, Oh,o 45202 AND Pflo".'iDED FURTHER tt:at n,) .u,t OI I)rtu: w(f mj. t•.rept.io, h•-!•�,n,ifivi sit forlh, shrill t,r tidd or mI imimid mpinst tho S'IrvTt - on this Instrument unlr-lo; tht' .writ- lit! t:rourlht 1_4 instiltilod and trrtx r_Ks served ition tht' Surety viiihin reel i, mono aftr r r omplitirin Of the wor llI inrritionrTl to said cl;nlract, Mi"Iht:t s:Irh sSor i, tw complete-d by the i" Incil>,11, Surety cr Ohlitr e' t;tit if Ihr're r, any mairilen,inrr' or qu, ratme tr.-iced Irrovitil-il in 'hot., rontrar.t for svh,th said &:,w •; is hatile• an actioti fur inarntenance Ina'; tx! f)tt)%Ight:'rittim St■ months from the.' e-wration of the r 3inivivince period, tmt not ,afterwards McGt ew Conti Lruc t Wit Compx1N , I tic . (SEAL) le (SEAL) Prine ! r� S.1057" -] 78 GREAT AMERICAN INSURANCE COWAN',' D:ivicf 1.r Culbertton Atrornel, •in•Friet 0 Ilund Pr�rtluta Inc'.luded #6149998 in Performtncu Bond GiFiiTfWERICrX+I INSURANCE COMPANY LABOR AND MATERIAL PAYMENT BOND -PUBLIC WORK rPPP.OVED AS TO FORD: (California) Gf:IL HUTTOH, City Attorn By: Deputy City kttorrt-., KNOW ALL MEN BY THESE PnESENTS- That we, . 4rGrew Coast runt ion�u�n';�,.r,,�- as Principal and the GP,EA'r AMERICAN INSURANCE COMPANY, a Corporation organized aw existing under the lavNs of the State of Ohio and authorizetl to transact suretv business in the State of California, as Surety, are held and firmly bound unto any and all niaterialmen, persons, companies or corporations furnishing materials, provisions, wovenrier or other supplies used in, uI)on, for or about the performance of the work contracted to be executed or performed under the contrac, hereinafter awntioned, anti al! persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persons performing wark or labor upon the same and all persons supplying both work and materials as aforesaid, in the sum of 111 CLI-C Hundred Ili irtl Five 'thousand One Hundred S ixt cen and �U 1,OU Dollars, IS _335 11.6►, awful money of the United States of America, for the pati-ment whereof well and truly to be made, v.e hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents SIGNED, sealeo tsith our seals and dated this 13th . clay ct Mai' . 19 8 r The condition ofthe forcing oNigation is such that, whereas the above• bounden Pr,ncgx,,; ha, entllv�l into a contract, metre) , 19 , with _ u f .Built 1111,1 un hk"uh to do and perform ;he fo+lowing work, to wit 111t� Reconstruction holsa Chica ,trot,_ Pctwec.n F:iinSer Aventst! and Rancho Ruad (CC-652) in the CIty of HunLiTw..ton Beach, taIIfornla N01V. THEREFORE, it the above. bounden PRINCIPAL, contrartor, person, contt:any ur corporation, rr his ,or its subcontractor, fails to play for any materials, provisions, provender, or other sup:)hos, or ielms used in, upon, Icr or awtit the ,xrlormance cif the work contracted to be done, or for any %Mork or latwr to persons named in St.:tion 3181 of the Civil Code, thereon of any kind, or for arnounts dwie under the Unemployment Insurance Ccutr, with respect to such -pork or labor perform*d by any such claimant. Inr.luduua any amounts required to be dcKluctetf, withheld and paid over to the Franchiv..? Tax Bo3rci from the .-taws of emp)lover:s of thtr contractor and his sob -con tractors pursuant to Suction 18806 of the Revenc a and Tanation Code, that the SURETY on This twnd will pay the same, In an amount not exerKdtnq the sum specitied in this Mrcl, ANI O ALSO, in case s:,it is brought upon lhts bond, .i reasonit0e attorney's fey. vvhtr,h shill be awarded by the Court to the I)re%,Iiltnq party in said SWt, said attorneys fee th to, taxed as casts in said suit and to Ue inr.ludcKi in the judgment therein rendered. This bmd is executed for the purpose of rximpl,ing with the laws o' the State of California designated !,, Title 15. Chaptev 7, %Vcrk% of Irnptovernent, commencen.) with Se -lion 3147 of the Civil Code of the State of C:ahforrna and all arner.-Iment, thereto, and shall Inure to the tx.,n,,f;t cif any of the . ntons name_cl in Section 3181 of the Civil Coder, of IN, State of Celifornea. McGrew Cont-truction Corpany, Inc. ISE:AL1 i' By: ISEALI yl "rw Ir in Principal 5 4?att r, 11 GREAT AMERICAN INSURANCE COMPANY , , ( ;_ c!& 4LA�_ Ilavid I.. Cult -art -son Attorney in -Fact CIItII'I 111t' 1 lll�l'(i ;:1) 1 .1)1t1)`, �I I)t' r f I) rr.,l nt 1' hori:I GZEr'aT ANERICNIV INSURANCE COMPANY LABOR AND MATERIAL. PAYMENT BOND --PUBLIC WORK •,'::D n� i0 FORM: (California) C;; :. is .TC'1, City At+orn KNOWALL MEN BY THESE PNESENTS That LYf!. '•l,'l,rl's: L rl.t.'.L,1 '1)._.l_'.!T1t atly tit.' . as Pnf,cllldl and tht3 GREAT AMERICAN INSURANCE CC)MPANY, 11 Corfoofatlonand e►Ist,nq unoi-r tn�' lurrs;lf thu Still-, of Ohio dint d:1thOl ed to 1ratv.1f;t ,;,irt2t•v ttisines; In III,: State of callfO,Iha, .1s �ille!T/, or,• ,'Qjr! arl,t li;f!tJ,, !;r) lt'r! Ur1t) wi del,! dil I)j*ert.1imun, r)ei%ors, c )1nparlrt'S I.), corporate ,nS !;I/nl;•t•rl!.f malerialr,. wr7:lsio) v :1fo,-vief r)• O1114•1 _:;(:r' 'Or -r dtx;ut the pe!1wrlr;,lr',c-, of tilt t•,ruf j contractt•r1 if) b•, t rt.- 1,t1 t: or pertormctl t(ndvr the wntract herelnafttrr m,! r,llbnl't1, a^tl all t—sc m, cortljmnles or cutporatrl)ns rewinq (:t h,rtny teams, or implenw-rl! Ur r1Lac11,r,-r,, for or contr't',lt,n,1 I,, sa+(I •i C•r, !' ;,•':i-r'r'•.Ir :t ,t rwrsons perform ng wrwIII, it lalb(r uOtun the S1rnt! a1n(1 till I)t!rsoms :,)pOlylrtq I10III .%ofl. ar'f1 rT1:11t•rldls ds.l!rlrt!s.1,U.:n the ..,rl et! 7alztia I?u:tr.rra Ih>rt•: .:r, _?tIn. drL(: It _ _?�111I'_ .. ... t:ll.lr:. l5 _.__. .':,t. ,1 �� .? 3 Id.0ul money of the U'1il! rt $)I,jv.rs of America, for tht: jl,lyr•X!r`t ':;ht rE i,f t•.t'','Intl truly To tr.• rnlr!t'. v.t.� twist cL;rr,,•1.1!;, ,,), r heirs, e%ut'.utt,rs,,klrtllnlsirators, su tt,;,ors died asslgn:, jt),nt.y ,1r (1 se•.erdlly, flrrll'; hs ihe'.t't)re•1,"lts SIGNED Sf>dItll .ti,th r',, r e•,1't 1r'(1 dolt -,I ltl,; —.--• _..-.--- -_'.L LI.- Ttw Contloion of inn I, such ihdt i.hn•.'it', ih. 'j"O - 1)0 . '.!,.n a)r,n, t„(, }.. w r;,,!r 10 t1t1 arXI ''.rf,lrm *,t1 f0 lOt.Inrl 1 } 11 i. )S�.•t , l:1 t .t 1: I t t t Inch" riov. THEREFORE . if lh• •;t I.f' ti( ,ln(let) PR Ir•jrli -%L , ( nnlr h 101 j't• sc,n c r)(nj;,!n` ;r t or {..tr.+t Ii­�. I,, ^„ r tt: •.A- ( urrttarl(,r . frills to pay for axn', malt'rlals, (lruvlS:r)11`: ('J(IL':'nllr'r (lr othtft S'.,I11)Ilt'S tit te':Ir'lti uSf'a n. „j!( r, tun i;' at.(h.' it'•w t,rr!Ilfrr7.fr?.'_•' Gt tt,' w.N1. Contraclt!r1 to ho lion„, r)r ila in i viryk ,,)r ":b, . tt') (',Pt K)nti w1,lrrlf•d In arttuunts due t.n11t'r The Unvolj,10y'17:tlflI IWI,)r;jrt r• i,011t' slth m!,j1t•rI Tu ;.:r!' ,.tie• .;r ',It tur p.-,ft�rr ictt I,, ,1n; s .ch I Ili w•,.ir,l Iris if!l(it; a11y atTloun15 rel1;11fl•tt 10 be oftlltlrIfltl, )S11hr1•' 41 d t I d 1,61,.1 t).tfr ;(t tilt• F dnLh.it• Ta• Nt•.)rt! fro-; It", .:.)tl.,• Itl e!r t;I`t, r. w :',! ih•: contrictri) and h)s :.)ti Cunlrof-l(w, pklrr.;lin1 !(I r)e'Ctlurl IHBOO of th,' Fit'.r n',.r 1nd T •Idl :'f` C11,1( tt'it' SL.'Rf. T.T r• th,, l,I:r tt .•.ill tidy' the %3me, 1r) an arlltl'Itnl not ('scr-,dimj Ih,' •a,m s1,ec,tle'1! Irl t111C tf;,r,%j •kN[) 41 S it, I_i%1- Si:,. Is !,r lli I1111: '1jM 1•• rh;5 !.jr,i! ,I redsGnat)le allowo-,y's !t't', vditch 0iill 6e!.1.,wirdfril 1)'y illf' Ia)I)ft 11) the (Irf'.-i-!'no j.011, 1, i.1n1 '.11 '..r (1 ,11T(lrlt( r'C it • )!w' 1u•.11 I, costs in sJld salt dtY.1 In tw m0illt•t1 In the It•(lgmf'rlt thert,•n n-ndf'r111 This t►orl(1,Ib exix led for the purpxm of Glmplj rrly v,Ith :hc I,1'.ti; of Silt' SI"I,, III C,:i1101n1:1 ,.1rSt;In.(tr+! .o Till-- 1') i.rl,00,1r; I' V,orl.t ._ .. s w ww... r.. . �...• ..... -• ...- t'.-... .. ..: 1..... r,. .,, �,.:ur„I,..urttt, t1L'(..,I .Ifl(1 '.1))li 1 Sixe of CALIFin RINIA t( (:(.)linty of ORANGE JOANNE T DITTO "01111rt PvrirC CAL!rO"MA • '•'/ QAA►NiE �.jjU•1T1 Il( 0rt' rile. the,' ur,t�rrs:I,►rr.i, a Noury Pub1h: o %aid t t)llrlt s .111L1 stilt'. I1t'rS1111;1115' appeared reroimully knwrwn to tile• to bt• tile• Attorney -In -Fact (if the Corporation that e routed tilt• within in%trunlent. and kno-wrl to rile -10 be the Peron 1610 exj'Cuted the said 1110tritnlent ur1 behalf. 4 the Corporation therein named. and acknowledged to me that such Corporation executed tilt: ,acne. j r � , li NQ1Ar1r nunuC ��1+ �J•. (+C•l+.+ft' tl]!', tll(' 11111�1'1�1�►t!f'�. State ot CALIK)KNIA c ►1, t ►.• ►.;•. 1 SS i Notar\' Irli:�ll� ++� �.11�i +°l1 lt\ J11�. 3•. , I +�� lllll'.' Jl C_iiCe� call►1 ► 0RANCE . I to Illy ,%I 11t' it)(* Attotllt'.' 111 E'liI ��t I:j i. I+ r�- 1" i .:: 1 �'.l:I i'l,. �' t •.'C:�1 ::1'� _ 1 r tile' ��+'rhtrritioll that crt'illt d tht' \\'lilllil 111,tft1111c'lli, .111 { known 1 �' , —�'•� ►. �•rr:,�n «11�+ r�t•cutrel tht' ,at(i il),tnln)e'nt on '-�'r.'ui }rat o Me to t' t lit' JOANNE T DITTOi�rllal (i tilt' ��rl�(�::1t1��1i thCIt'lIl 111111C�j, .111�1 .li�.tl��\\'lt'ljL't(l to • '�Or47r �i►Rt r CJll,r(yi Illy that cud, CI ll po:A:oll Oct • 11r'ttAP, VUPLIC tff ve CA L I F, ) R N 1A lk JOANNE T DITTC) rlloi f2vaL­ rAl 4()0". q"�- P44 -�, Inc to I a I. cv% I 11 C 'aill" 'Jim ic im • B(Illd \,1 6149998 GM-T rVVERICAN INSURANCE COMPANY C .1` :.4,to: Roy C' .;; Attorney MAINTFNANCE BOND i•,\(M AI I kit \ 10, III1 sl I'Rt SI \ISOut •.►C. 'icGrew Cunstruction Company, Inc. xt,i ill; (:RI: %I :1.MERICAN INSURANCE COMPANY. a corporation mganved lnldct the lat►t ,)I III, State of Ohio m.1 Jlll% euilimi;ed to transact h,:sinem to the State of Cal.ifurnia at Soren , are held and (irrilk houn.l unttl CI v of hunt ington Boach �hlicec. ell the tuns of Six hundred Seventy Tiluusand, Two Nundrtici Tlttrty-'1'hr��4 and ':u� ll(111.1F1S tilt the 1•.1)nicnt ►►ilt•ICOT HCII 3111 1rl11► to he made, the Principal and the Surd) hind thelnsettes, their hest%, ;.!llliltlSllaiITS, iUt:etttll\ ,Ilti assicns iointl► and sr►crall�. (-Tllillt 1�1 thC�t' 11f1'Sciltt S1(,\I I, <ealt•.1. sn,! ,1,1:c�! this 1301 ttay of �Li': . 1.1 87 1, lii ill and file Ohlte,e I13►e erlictc,t into :I ►•,ritten avicein--ml Hater! tilt: tilt' 1.1,101s 10 t01101 j1:1eentent 'r. err :ttmplmcd and ac:cptett file t1:;► tit arld W111,10 %S 111.• I'nr,cil+al hat ►hell a unc ►•car nlaintena ;.r Guarantee under said aereettlent ,�1 ,1i1!CruliC:l':Illi=1 ielt't11►'e I11alCTl.11►.11ld wor►,T11Jllahlh \()%1. illl RI I M0 . tlr coliditlon tit tills ohh141111on Is stich 11131 if the l'rincihai %ilali ►►ell anti trill% c1n111�1t %kith %u'll plarantee then till► ohll.valn+ll to he told: ot!icn►•isc it shall mmatrl In full for:r I'ROVI1111) 01"1 111' Jli'tll oI .1014 fl thall accrue on flits hood it, of got the use lit 3111 i`Mon tit :M11t,1dtitlr! othe► Illan tilt- (11iill►•ee harp-:•t hen•ni, .111d I'R(\'IU1 1) 11 R f IVR tiial the Sllrct% shall hake no liability under till% hon,1 unit:ts flit• Oblige" shill ei►c • .%Illicit Iloil:e ill t1aw • I file i'rtn:llidl't falhi1C locompl".' ►►ith such plarillimi it, the SUfeI► al Iti ,\L11111111S,LIfit t.' OIticr at `�(! N'alilut Street. ('in.ninati, Ohio .151-0= su:h noble tt; he plrn t►ithill the veal ;llatnft'name 1,0;4a McGrew Cr, ruction Compitny, Inc .��r�.� _ -' �.1� .� ,� . Gov✓., ��5 m�Cjl"�`rsf'i r rl1,r� �Pr GRE AT AMERICAN INv1URA':CN COMPANY AIIfIF11C ••err•Fj, r 1)a v id L . Culbertson GWMAIVERICAN IN RANCE COMPAVY ; , n y z0 �o�il The number of persons authorized by this power of attorney is not more than No. 0 1 B0H8HUTT0?I, City Attorne By: De uty C ty Attornoy FOUR POWER OF ATTORNEY KNOW ALL MEN 9Y THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true anL lawful at torney•in•fact. for it and in its name, place and stead to execute in behalf of the said Company, as surety. any and all bonds, undertakingt and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertakigg or contract of suretyship executed under this authority shill not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON ALL OF ALL LINDA L. CULBERTSON ANAHEIM UNLIMITED CHARLES L. FLARE DIANA LASKOWSKI This Power of Attorney revokes all previous powers issued in behalf of the attorney( s)•in•fact name! above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and itscorporate seal hereunto affixed this 15 th day of January . 198 1 Attest STATE OF OHIO. COUNTY OF 11AM ILTON — vs GREAT AMERICANINSURANCE COMPANY On this 15th dayof January,, 1987 . before me personally appeared ROBERT N. SCHUDER, to me known. b--ing duly sworn. deposes and says that he resided in Cincinnati. Ohio. that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knuws the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like zuthonty. This Power of Attorney is granted by authority of the fohow-ing resolutions adopted by the Board of Directors of Great Annarican insurance Company by unanimous written consent dated August 20, 1979. RESOLVED! That the /Wsident, the several I'ice Preiidenn and Auistant Vice Presidenrs, or sny one of them, be and hereby Is authorized, from time to time. to appoint one or more Artorneys•/n•Fact to execute in behalf of the Company, as surety, anv and all bonds, undertakings and contracts of wet yship, or other written obligations in the mature thereof to prescribe their respective duties and the rtspective limits of their authority. and to revoke any such appointment at anv time. RESOLVED FUR 171ER: 77mt the Gtsrpin'v scat and the signature of any of the aforesaid officers may be affixed by facsimile to any Fower of attorney or cerdficate of either given for the execution of any band, undertaking, contract or surervxhip, or other written obligation in the nature therrof, such signature and seat when to used being hereby adopted by the Company at the original signature of such officer and the inainal sent of the Gsmpsnv, to he svilii orrd binding upon the Company with the same force and effect as though manual! v affxect CERTIFICATION I, KAREN HOLLEY HORRELL. Secretar, of the Great American insurance Cumpany, do hereby certify that the hile"unir Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not heen revoked and air nu% iii Bull (oi.r .ind effect. Signed and sealed this 13th day of May 19 87 Submitted to: Submitted by: Prepared by: Subject: REQUEST FOR CITY COUNCIL ACTION Date May 6, 1987 -- - Honorable Mayor and City Cbunci.l A1113Rot•ro �y CI•rk) L N Charles W. Thonpson, City Actninistra r^-;c. ly- ,�' Paul E. Cook, Director Public IdorYs IT y it PAVDn1T RL-PAIFLS, ASPHALT OVERLAY AM LAWD6Cl,PING OF IADINVIS 0V BOLSA CHICA S REF=- BET.-IM. I EDI14GF.R AND RtVnK) FOAD; CC-652 Consistent with Council Policy? IA Yes I I New Policy or Exception 3e5 � � •/ Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments Pc .: -iures of the Orange County Transportation Trust. Fund allow the Ci ty r, Hunting- ton Beach to reaaive 907 of the Cbunty's share of the oortistruction fuels after the away of the contract. REMI-UNDWION : Approve the resolution, requesting die Orange CbLrit-; Tra sirartat.ion Cbrmussion to transfer $180, 000.00 to the Ci t j of Iiuntington - --ac'i For the pt�verrent repair and rt- surfacinct of Bolsa Chica Street. ANALYSIS: Upon the request of the Ci t7; of Huntington ngton reach the OrangL- County Transportation Commission approved and allocated fund to help finance the repair and resurfacing of Do is a Ch i ca Street between Edinger Avenue and Rancho Fbad . The Department of Pub l i c 1-7brks prepanxci plans and spec.ifications and solicited I -Ads on April .0, 1987. Citv Cbulcil accepted the la.' bid of $670,233 and x4arded the contract to the McGraw Cans true ti on CM:)any. . FUND.rNC SOUF-CF..: City Gas Tax Acids, Account-746520 $ 4950350 Orange Counts Transportation Tru-t r1md 254,650 S 750,000 ALTERC I VE ACTION: Reverse previous actions and not prnoE-ed with t!1e project, or nodi£y the project. ATrACiLMENiS : Resolution PEC:US: ik /l0 5186 • RESOLUTION N0. 5770 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THAT THE ORANGE COUNTY TRANSPORTATION COMMISSION ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUNDS FOR BOLSA CHICA STREET BETWEEN EDINGER AVE. A14D RANCHO ROAD WHEREAS, the Orange County Transportation Commission may allocate funds from the rapid transit reserve fund to local agencies for the improvement, construction, or repair of local streets and roads; and The Orange County Transportation Commission approved a $12 trillion OCUTT Streets and Roads Program, on April 14, 1986, for fiscal years 1986-87 through 1966--89; and The three-year program includes $254,650 for the fiscal year 1986-67 rehabilitation project on Bo1sa Chica Street between Edinger Ave. and Rancho Road; and In conformance with the OCUTT allocation process, the City Council of the City of Huntington Beach requests the Fund Authorized by OCUTT. The City of Huntington Beach has designed the project improvements in accordance with the city's design standards, possesses right-of-way for the project in conformance with the city's poli ies and procedures, and has completed and certified all required environmental documentation for the project, and has awarded the project contract to McGrew Construction in the amount of $570,233.00. • e NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Huntington Beach hereby requests the Orange County Transportation Commission to transfer to the City of Huntington . Beach $180,000 which is 90% of OCUTT'S share of construction, construction engineering and contingency costs, based on the revised figures of Lhe construction bid. BE IT FURTHER RESOLVED that the City of Huntington Beach hereby agrees to fund its share of the improvement costs in fiscal year 1986-87 and any additional costs in excess of the programmed OCUTT allocation of $254,650. BE IT FUPTHER RESOLVED that the remaining 10% in OCUTT funds will be transferred to the City of Huntington Beach when construction is completed and the final report on the project is accepted by the Orange County Transportation Commission. The City of Huntington Beach agrees to submit the final report to the Orange County Transportation Commission within 90 days after the city's acceptance of the improvements. NO FURTHER TEXT ON THIS PAGE ^L" • 0 t PASSED AND ADOPTED by the City Council of the City of , an adjourned Huntington Beach at/regular meeting thereof held on the 2nLh day of May , 1987. ATTEST: City Clerk �l City Administritor� K1 APPROVED AS TO FORM: City A t torney F,,�_D $� Director of Public Works APPROVED AS TO FORM: City A t torney F,,�_D $� Director of Public Works Res. o. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) is CITY OF RMINCTORi BEACH ) I, ALICIA M. WEh'7WO H, the duly elected, qualifier! City Clerk of the City of Huntington beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of w-mbers of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was, passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular .mad-Journed meeting thereof held on the 7at_h day of Mav 19_, by the following vote: ANTS : Councilmen: ERSKINE, rINLEY, GREEN, KELLY, MAYS, WINCHELL NOES: Councilmen: N 0 N F ABSENT: Councilmen: BANNISTER City Clerk and ex-officio Clerk of the City Council of the City of Huntington beach, California The forego;ng instrument is a correct Copy of the original on file in this office, Attest w iwo� 19 CitY CMrk and Ez-oifiL�o Clerk of the City Council of the Clty p; iLlntingtQedch, • Cai. o fie pu ty Paul E. Cook Director CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 Public Works Dep'art rnent (714) 536.5431 Mr. Gordon E. McGrew i L-Grew Construction mrT.)any, Incorporated P.O. Box 6540 Anaheim CA 92806 Subject: Recorstruction of Bolsa Chica Street; CC-652 Dear Mr. McGrew: Enclosed is the construction contract for the reconstruc- tion of Bolsa Chica Street between Edinger Avenue and Rancho Fbad. Please sign the document and return with contract bonds and certi ficatie of .insurance form. Note: 1, the performance bond should include the one-year warranty, per Section 8, Page 6 of the contract, 2. the hold harmless agreement, on the back of the certi- ficate of insurance form, must be signed by you and by Keruheth L. Oliver. Should you have any questions or concerns regarding this contract, bonds or certificate of ijtsuranc a form, please telephone nr_ at (714) 536-5441. I Z yours,( Don Noble Contracts Adrdnistratnr DN-. ik cc: Jac: Miller Ulrich Stenzel CC-6 52 "General Correspondence" [CITY, OF HUNTINGTON BEACH 0.2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 23, 1987 Griffith Company 2020 Yale Santa Ana, CA 92704 We are returning your bid bond which was submitted with your proposal for the Bolsa Chica Street Pavement Repairs/Median Landscape Project CC-652 in the City of Huntington Beach. The contract for this job was aviarded to McGrevj Construction of Anaheim. We riould like to take this; opportunity to thank you for %our interest in submitting a proposi1. Alicia M. Wentworth City Clerk A14W:C8: js Enclosure 17o+.phons: 714-536-52 7) �, I& CITY CIF HUNTING,t'�N BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 23, 1987 Silveri d LeBouef JV 1800 East McFadden, Ste 250 Santa Ana, CA 92705 We are returning your bid bond ►ohirh was submitted with your proposal for the Bolsa Chica Street Pavement Repairn/Median landscape Project CC-652 in the City of Huntington Beach. The contract for this ,job ►vacs awarded to McGrew,. Construction of Anaheim. We ►4ould like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:CB: js Enclosure IT@WP w 9: 714-53"ZZYI 0 C IT F HUNTING N BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 23, 1987 Sully -Miller Contracting Co. 6145 Santiago Canyon Road P. 0. Hoc 432 Orange. CA 92666 We are returning your bid bond rihich was submitted ;iith your proposal for the Solsa Chica Street Pavement Repairs%14edian landscape Project CC-652 ;n the Cit} of Huntington Beach. The contract for this job was awarder! tn McGrev, Construction of Anaheim. Vic would like to take this opportunity to thank you for your interest in submitting .i proposal. Alicia M. vient:inrth City, Clerk Ar.W:CH:JJ Er,cIosure I ekphone:714536-6227) CITY OF H UNTINGTON BEACH f4s' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK April 23, 19B7 Blair Paving. Inc. 4226 East La Palma Anaheim, CA 92807 We are returning your bid bond vihich wns submitted with your proposal for the 'Jolsa Chica Street Pavement Repairs/Median !.andreape Project CC-65Z in the City of Huntington Reach. the contract for this job yaw a►.ar(Je(l to McGri� j Construction of anahein. We would like to take this opportunit- to thank -you for your interest in submitting a proposal. Alicia M. Wentworth Cite Clerk AMW:CB: )s EncIasure !Telephono: 714.53"227 ) • CITY OF HUNTINGTON BEACH 2000 MAIN STRi'ET CALIFORNIi; 92648 OFFICE OF THE CITY CLERK April 23. 1987 Excel Paving Company P. 0. Box 16405 2230 Lemon Avenue Long Beach, CA 90806 Use are returning your bid bond which was submiLt-id with your proposal for the Bolsa Chica Street Pavement Repairs/Median Lanescnpe Project ('C-652 in the City of Iiutnington Beach. The L ontract fnr this job via-3 awarded to McGrerj Construction of Anaheim. We would like to take this opportunity to thant- you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:CB:js Eric losure (Telephone: 714-53832.27 ) M��w �.t�s�uC Intl L�NvANY� �I►IC... BID PROPOSAL Firms Name To the Honorable Mayor and City Council, City► of Huntington Desch, California: Ir compliance with the notice Inviting sealed proposals for the asphalt repair, resurfacing, construction of 8" median curbs, landscaping of medians on Bolsa Chica Street between Edinger Avenue and Rancho Road. CC-b52 here y propose and igre`e to enter Into a contract to perform the ,work1. herein described and to furnish the materials therefore according to the plans, speclficatloris an.i special provisions for the said work and to the satisfaction of and under „the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialrn'an,through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considerins any bid from any subcontractor or materialman which Is not processed through said bid depository, or which prevent any subcontractor or materiaiman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materl 'Is and equlpment, and or all incidental work necessary to deliver all the im�:rvements complete In place In strict conformity with the plans, specifications and special •rovisions, on file In the office of the Director of Public Works, City of Huntington Beact. California, I propose and agree to take full payment therefore at the following unit prices; to wit: ITEM NO. APPROXIMATE QUANTITY ITEM WITH UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL 1 • urp sum Mobilization (maximum $10,000) �>'1�.>� /QoQo r per Imp sun. 2. Lug Sum Traffic, control C-7J a o�i �"1t � � 1 - per sun. 3. 400 c.y• Excavation of brcken A.C. (25,600 square feet x 5") at 2G�.'7•S' 8r3C30°=' yer c.y. P-1 v 5 1 ITEM NO. A"ACkXMAATN CUANTIry ITE>ti VVITH UNIT PRK:9 r111ITT7N IN I Of= UNIT rRKj �pfAl A. C . base course at 7 hs,-�yluc. N 11 & s / 4. 775 tons IJ c CG n 35 00 27,125. per ton. 0.12' A.C. overlay with 1 1/2g rubber latex at 5. 5,500 tans 3 T�° VI per ' tcn. . Coldplaning at i4 o Dollars ` 6. 75,200 s. f. tX�'c�n �cnfs !�• �i. l �,0qz _ ____per s.f. e" nedian curb per H.B. Std. Plan 201, Type B-1 7. 4,252 1. f . at 1 SC�Dr,1�l�►r�s sb 2� 67 7 per 1.f. Landscaping of medians at Js� j►�tipP_ - -- `, 8. Lump sup: 1. L> /, A ? Cie TS � SO D E �.LIJL► per lump sum. Mjust manho:e_ at. 9. 13 each ]&.00-_QQjjwr--% hit% k:--& ____Per each. Adjust water valve boxes at C3r1 c, O undr wd._ ' 10 . 26 each S1x}�T �oIC..t_ i� ZIC r+415L -- �GD'aD 4, Fer each. Replaoe traffic signal detector loops 11. 12 each at IN I I AAW@M widow—' - b n n Ixw t each. 1�c.`� )4GAD Install raised traffic markers at Sun1 J 3408' lvrp sum. Construct sidewalk at 13. 20,000 s. f .ha per s. f . 1'-2 ITIAA NO. A"MOX111"T[ CLLOJ TiTY IrUA KITH UNIT MIICII �ItITT�AI IN INOOM UPHT TOTAL •. Remove existing ved an clulb and gutter'wtvabre ld . 10 2901. f . shown an plan at lei C�QI a r 2A44--.. e lY_ pi, r..ak,_ ___.per 1.f. Remove and replant ten plain trees at 15. 10 each ]c c ' . ; ' r � � -1001) DSO oo , cd per each. Plant three 15 gal. Windmill Palms (Trachycaxpus 16. Lump Sum Fcrtunei) der ,each of `tan ,wti`�-w its E 0 gaL�s 2 u. M �1?�l7tJr�die total) at I?slla�.t AL .ants per 1LUP sum. Bike trail and bike ramp including grading at 17. Lump s��, �"�,,,.A►�d,� ��- �kKd,-��c � Limp sum 2�g�� 2,8�� ,a r-_per Install conduit for future street light at 16. L -Tp Stsn Sta. 72 + 00 at larm 24S(.;C WtL._ . i r lturp sum. Total bid in -:,-Hs t. C)Dx 140� - ��J���ym ro �� TA-3 s • h is and rsW and wand that the opproshaseto gWgd iM aaown ill the fWVWM prapeeal sdwdISle are tW do pores of beiiiodry tao aaomparleoa of bids and that dos maitrector's ma mpnor ioa wiN be NpwtW tpet *a leis of to sawl greadalme is tk maaspi" waA, wMrdw tWy be mn w iess dm 6m sbtew bareie at do Nit prkm bid In tba prope4ol meh". n YM aaedo is r odur411 the oo~ dome oak aso W fW tM tenrm ie .f i#t -five i551� �ar days. If FAWW do the aarefaniPad bertby WM to rN tertrtrt for ftir m duo mummeaay beoila wtthio WPM inn of de rowd efuld owetf tk ne- treat by die Chy of HwttbKton Moab, Ulfurde. The nndavilm-d Irs ixornkm! saroftaliy the aitt of the oeorti oat+rI 111led, the plans and 'foaatiara, aed do 'repeal and a:oasuM fwm dwsfm. TM aobmiwion of a bW eridaeei tMt tM Is is mtonlmll aad is srtie W as to 'th modhlonia to be mtwiro", r to Ai arty, amp oirNlr. ty, aw imof want to be pip -IN d, the g*eathiae of meterile to be fnm vod, Mod r tt tea regedr*eraEFt= seat>� prspsaeet, Boar. and the es►nmcL .M.Aacompenryia� thk prtpoea! h , ! 9299 �' (_ A. ,3 , bQ - _—). NOTICE: Imen Um wards "Cso, " "Certified Mick," eat " iiddw"s Seen," m die arse nary' , in N a 91 egrl 4 It leaf 10 pram of the total bw rice, pry" to tb* City of Firrde M be*. Th mWeriges dpmiu thi above Teamed noxity a a proporl party W hraii"tlrt h sWl re hrfoibd is tiM CitY art HaMnFtlx M ■ ligoiirtW iamgw iw a tkb preparsl h aesaprtad by IM City and OO Ndersipeird "lail to esaaru a toen— for doinj said wwk and to fear& M peed avid suftioieat baeie bs tM farm at ft 6 is do Mb contleat doaMaa+e m of the Chy,whh mwr y srtidsetory to the Chy wfthi 1S airys arftw the bidder hu INW -ed writtaea eotice of fire awrd of dae aaoaetract; o6awi a mid roewlty oMell be Maud to tie immimmi ns - Liaetsrd M aoalordeea r aII act Ilroridiwp tax the r rttioe of mewed Umme Ne. 24S7ZC. "A" `�RFu3 (1sTQt�cT�lJ Q`TtBle &J tie. �Ak- rm � • �n ftv-4 Burins Addrw 'P. O. 'gmx Gs4o AmAtIWAI'& 92r0* ftm of RnWenax 14W ORQ-D C-M'A sra r ANiWGiM, CA.'9Z964 Deed thit ' 0' day of Al-V i c.. .19 lhdder shsil 94o fy receipt of all Addenda hm, if any: AddwWvm No. Oote Raoaivad Wder's Sinfibre P-4 ►ROPOIED INFORMATION REOUIRED OF BIDDERS Tfta bidder Is mqubad to supply dw FoilowMe infKnr<tim . Additional s1- u my he attact If saeaamy. 1. Firm Uswtn: 11 42 lea W L�ol'iiiLRl1 l�n j� A t,t , / IU . 2 Addrsns:'?. D. G54a A� 1f.H e 0 A 92 S 0e. 3. Tsitptmw c7� ~ 7DL& 4. Type of firm — individual, partnership, or corporation: CR Pore/►r ooko 5. Corporation oryeni:ed under the lawn of the Sate of C..AyIraKNI 4 & Cioirtractor's Uanse Number: _ -- 24-1272-4, CI&Wfk *Uon of Cbntrsaw's Ucarm 7. Ust the names and addresaas of all members of the firm or names and tins of all officers of the corporation: — - � og ao w 67. cK�v TIy L. DLjUe A- — Srary �.44 8. Number of years experlersce as a contractor In construction work: YeRAJ 8. Lint rt least slx prol". completed at of recent date: (Contract amt.) (Cka of work) (Dots Domp4ted) (Name and rest of Owner) �364,000 = ,Llry I( 54AJCc eE/Vr�� ✓ �fr�wjld'FV .Ooyr S-8(' Tom_ e yly °,�P.4A/6 6, Ct/,a (iY.OL����� / oO -7.4 ore. / ry 01_�du =Zlry ;4&q6WAJ1;x4W, 3 10. Ust the name of the parson who Inspected the site of the proposed work for your firm: Deets of Inspectlon -97 11. If rMuseied by the City, the bidden rhall furnish it notsrlyd frwmW statement, finantbi data, a otter information and r0werwan sufficiently compreNnsive to permit en •opnisel of his cu.,0, fin rxiai corm ion, P-5 DESIGNATION OF SUBCONTRACTORS In oompplIionce with: tha ," 8 blcttnp�ind Subcoareetlr4 Fair ►rictiaa Act" beinj ` 6h ions 4I M 4113 of ' the Governmant Ice of the Stiti of fCalifornia, and any amendmem tfwato, rsh bidder shall sat forth below the nme and IMtion of the piece of buainew of WI% subcoritrstw who will perform work or labor or render eortiiea to tha p64" soa- trector in W about t!w ernatrurtion cf the work or Mspro,"Went M a oaaee * is "am of erse•w M of IN peraW (1%) of the'rirae eos+agetor•s total bid, and sha4 kw1 hor aat forth the portloeh of the work nMiah wit be do+he by Mc h ahabeen- Unw. Osrfy an arbeentractor for ad garden atheM bi Hand. If the aontrartor frill to specify a suocontrn:tor for any portion of thework to by performed tinder the contract, he d+sll be dsamad to hers aSraed to perform such portion himself, and he shell not be p„mittsd to wbcorttract that portion of the work amour hrWw tfha conditions hereirhaftw set forth. Shablettiri of subeoMaing of cny portion of the work to which no aubcoatrsctor was deaynetad An the original bid shell 'only be ptrmfttad in apses of public emergency or nacessity, end then only after a findirq reduced to writing as a public record of the legWative Body of the owner. PORTION STATE LICEIaE OF WORK SUOMMTRACTOR'S NAME AND ADOREJM PPJMBER CLASNAME O l :t :.J,0► e► ol..r. M 10, RIM I MAIMM bi �I I %h _ I� •1 a , By submission of this proposal, the contractor certifies: f. That he is able to and will perform the bulanae of NII week which is cohered in the above subcontractor listing. T. That tic City will bo furnished eop+an of all sub-tontraets antared into and bonds furnished by sub-ontractor for this proiect. P—C REQUESIRFOR C. GOUNCI126ACT"ION Date _ A;.{II i y ! 6197 Submitted to: Honorable Mayor and City Council t t,l•ft��t'1 Submitted by: Charles W. Thompson., City AdministratorL' �� i't,•� ,,_ Prepared b �1r C Y: Paul E. Cook Director of Public Works \�� ,% �IJ 1-,. Subject: BID RESULTS FOR THE PAVEMENT REPAIRS, A.C. OVERLAY AND LANDSCAPE OF MEDIANS ON BOLSA CHICA STREET BETWEEN EDINGER -�.- AVENUE AND RANCHO ROAD; CC-G52 Consistent with Council Policy? ( X) Yes (j New Policy or Exception Statement of Issue. Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: Dim STATEMENT OF ISSUE: On October 6, 1986, the City Council authorized a call for bids for the subject project. RECOMMENDATION: Accept the low bid and award the contract to hlc Grew Construction, in the amount of 670,233 and reject all other bids. Approve a total expenditure for this project of $750,000, This is to include contingencies, soil testing,Edison Company I. 3ok-up charges. ANALYSIS: Listed below, in order of dollar amount, are the bids received: 1. Sic Grew Construction 5670,233.00 2. Silveri A Le Bouef 701,447.90 3. Griffith Company 711,336.10 4. Sully -Miller 71 9,880.50 ►. Excel Paring 743,591.00 6. Blair Paving 764,452.00 This project estimate was $691,000. FUNDING SOURCE: City Gas Tax Funds, Account #746520 $495,350 OC UTT Funds 234 650 Total 7500000 ALTERNATIVE ACTION: Reject all bids and not proceed with project, thereby also lose OCUTT funds. ATTACHMENTS: None CWT:NEC:US:dw ! 220g No etea J V' DATE: April 9, 1987 2 p.m. ENGINEER'S ESTIDIATE: S 691 000.00 JOB AND CC NUMBER:— CC-652 i BOISA CHICA STRUT • BIDDERS NAME TOTAL BID AMOUNT 1. All American AsIbalt 2. Belair hk�st Landscaping 3. 4. Blair Pavan C and N loops Electric z• 5. Carlson' s L3nds capi rr 6 . Envi rmnmen taLS west 7. Emel Paving B. G D M Elec`Hcal Onnstruction 9. f Company Griffith r 15%•�o _ M . Karle's Kint-Cron Ll. Kato Landscaping L2. McGrew Cbmtnsction 901- 1 L'A. Hossermni th Tree Hovers l l 1 DATE: ENGINEER'S ESTIMATE: JOB AND CC NUMBER: CC-652 Page 2 9TDDERS NAMR TOTAL BID AMOUNT 4. Paul bbrez ,5. R. J. gable 6. Nu -West Landscape 7. Riverside Construction 18. Silveri and Ie Bouc-f i 19. Steirny and Cogmml j W--� 0. Sterndahl Enterprise; I. Sully -Miller Q • �Z% tJ 2. Traffic Engineering 3. Watson Cold Plan Authororeo 10 Publosh Ad.wtisernents at all Ainds lu0ing public notice% bt Decree of the Superior Co..tt of nranQo County, C811101nia, Number A•6214, dated 79 September 1961. and A•2te31 dated I t June 1963 STATE OF CALIFOnNIA County of Orange 0, iwrr OW44,4 .r w W. r pc o" .11. %a p.t • t wen w0of% I am a Citizen of the United States and a resident of the County aforesaid. I am over the age of eighteen years, and not a party to or interested in the below entitled matter I ar- a principal clerk of the Orange Coast DAILY PILO r, with which is combined the NEWS -PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa. County of Orange. State of California, and that a Notice of of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa. Newport Heath, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for _Two TLmes consecutive weeks to wil the issue(s) of March 19 7 March 23 7 — - ---_ . 198 198 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on ___-__ _March 2J- , 198 7 at Costa Me a, California. � Sattire PnOOF OF PU13LICATION • fi W It hereby given 1IM' ><eded bids w11 tie iscelvsd� by Mo Oty of HuntIfIton Beach at ft calm of the' City perk at CRY HWL 2000 Main street. Huntington 8w`0. Ca wnia, unto the hour at LOO p.n. on Aptd 9, 1967. at ethic? firtr tent► will be opened pub" end read aloud In the Council Chaetbetl for the lAO& of as~ p surfac"� itrset fp rnediwj - on cifts Street . bilnt»on Eder" Rancho Road. CCfs52. A set of Plana, 900010• cations, and othor controd doarmem% may be obwo.d on Mardi 10. lea? id the Department at Public 'works. 2*W Main Street, Huntingtan Beech, Call- ►arnia. upon . rovolin at a non-refundebie fee of S 10.00. Each bid OW be made on ttta Ptoptivel Form end in the t WWW p►ovtded h rite oo►drad documents., and sea! be accompanied by. a cptlied or eat,ier'e owed or a bid bond for not less then 10% N tfide pby.Nptilour.4 at ft bid.Otty CA H aftftwon se ck TAW G4ntr0d0t shat, in the for t ttteoatto�k rrtl to ten Labor Coda of the State of Cablants and W)w laws of Mo State of coil• fOtnla apple race thereto. with the at,tep l n orlfy of tuck, vnrtations that may be requtrod under " spacial stetutei Po ultnt to with prWX4dhVP lwnnda are won &4 +t11ch have not Won fupet hoW br IM proviaone : rl the, ■boot Code. Pretlrrtonw • to labor shalt be givert only In Ina n w w provid/d b1 low, No Lid shell ba cotttiden.d txloss It Is mild% M a term lurn+shW by. the city of "xe V%n ryeech ; and Is made In soeordw ce wlth the poiWW ne. Of the proposal requirWrientil. Each piddet trivet be licensed and : also ore• atIto crty c � a thhe. City of Hwtthpton Behch re - so the right to tyett any By order of tloe City coun. co of Ili City of Hu ""Mon, Beach, CaMlornie the fith dap of Oct6bw.19K . Abets ,weetwellR ,city croft of no C1t/ of lion- 1ttifihq reeth 31;.l Mal" $treat (714) 53645431 Published Or er+gb Cott 1�8ClT Ptfot blast+ to. ?3. r :M1519 NOTICE INVITING BIDS Notice is hereby given that sealed bids will be received by the, City of Huntington Beach at the ,office of. the City Clerk at City Hall, 2000 Main Street, Huntington Beach, Califot ia, until the hour of 2:00 p.m. on — -- 198 at which time they will Council be opened publicly and read aloud In the Chambers for the •` �QSOP T e-dk �/ S7�PEET" .�FSU F.4C/illC LA4N_?.&Rhi�' or &E&Agr a✓ B z=rA cAz1r_4 nrkFe-r dcra ses✓ E,pi��a .PAitit�.4rO Alt C. � - CSZ In the City of Huntingtcn Beach. A set of plans, specifications, and other contract documents may be nbtoined on 1992 at the Department of Public Works, 2000 Main Street, Huntington Beach, CaIifornla, upon receipt of a non-refundable fee of $D . Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be acco`mH panted by a certified or cashier's check or a bid bond for not less'than lb% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, In the performance of the work and impmvements, conform to the Labor Code of the State of California and other laws U` the State of California applicable thereto, wiih the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to 'ahor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach ana is made in accordance with the provision, of the propos9l requirements. Each bidder must b^ licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of FAintington Beach, CaliforniG the aT. Of 927b se'ie 198E . Alicia Wentworth City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328E REQUES FOR CITY COWICIL CTION Date September 25, 1986 Submitted to: Honorable Mayor and City Council Cn C1L•, I n� , Submitted by: Charles W. Thompson, City Arfrninlstrator Prepared by: f'31r1 E. (-'uok, C)irFctor of Public Works�� r Subject: BROOKHURST STR i' T BETWEF N1 i3ANNINC •NVE:NIJE-_ AND (TALBERT CHANNEL); CC-688-, 110' SA CHICA STRE- 1 i3rT%'JEf=H EDINGFR AVENUE AND RANCHO ROAD; Consistent with Council Policy? [1 j Yes [ ) New policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: iy�!t ST ATEMEN'i t_)F !SSLJL Staff has completed p;aV.y anu ;rpecificntione, for the street ;rnprovemgnts of Brookhurst Street between Banning Avenue, and chn O.C.F,C C. (1 albert Channel) and Rolse, Chica Street between Edinger Aveynup and Rancho Road. RECOMtviENDATION Approve plans and speacifications for the iMprovernents on 11rookhurs: Street trod Salsa Chica Street, and authorize the Depnrtrne nt (If PLIblic Hork3 to advertise fir bids. ANALYSIS On January 6, 1986, City Council .approved Resolution Nhirnhery 5617 and 5614 requesting the Orange County Transportation Commission to allocuae monies frurn the, Orange County Unifiod Transportation Trust Fund for the improvements of E-rookNirst Street and Balsa Chica Street and nrIreed to provid(! matchinq funds. On Anril 1 -4, 1986, the Orange County Transportation Commissinn npprovrrr_1 $1-5,0Ucux) f,ir 4Irookhurst Street between Banning Avenue and the: Orange County Flond (.'ontrnl Channel (Tolbert Channel) send $254,650.00 for Balsa Chica Street betwt-.m Fdingcr Avenue and Rancho Road. Both projects were exempt from e.nvimnmmanl review in accordance with Section 15301, Class 11. FUNDING SOURCE=. The construction of the Improvements for Brookhurst street was estimated at $518,000.00 and $625,00a.00 for Balaa Chicn Street. lInth ProieCt3 to be funded as shown below: Brooklwrst Street OCUTT - $1259000.00 City - $3009650.00 Total - $425,650.00 Bolsa Chien Street OCUTT - $2547650.00 City - $370,350.00 Total $625,000.00 The City's available portion, to be funded from Gas Tax Fund Account No. 746080. Flo SM • Regi:est for COLincil Action September 26. 1986 Paqe 2 ALTERNATIVE ACTION Is Deny ippmval of p!ans/sper_ifications and thereby foredo this project. ,'ATTACHMENTS: 1. Project location map 2. Resclucion No. 5617 .wx 5614 c,%v,f:PEC:RAM:Iw 1 ` . r � - r e _ .,: � ,�' � ,� � �� r� • '' r • � �" .k ♦ . � , J , , � �'' ", .. .. , �•, � ��� �� ' , � -a '- �/' -, t •: t J '�' • Y � ` �' � �� r + • I 1 • � � `� 1 �1 • , � . � .. . _-� � - RESOLUTION NO. 5617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COWMISSION TO INCLUDE IN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUND STREETS AND RO;:.DS COMPONENT THE IN.PROVEMENT OF PRO09HURST STREET BETWEEN BANNING AVENUE AND THE ORANGE COUNTY FLOOD CONTROL CHA114WEL SOUTH OF BUSHARD STREET WHEREAS, the City of Huntington Beach desires to improve Brookhurst Street between Bannina Avenue and the Orange County Flood Control Channel south of Bushard Street; and Brookhurst Street is an important arterial in the County of Orange and of general county interest and is in conformance with the county's Master Plan of Arterial Highways: and The Orange County Transportation Commission intends, by appropriate action, to provide funds for the improvement of streets in Orange County from the Orange County Unified Transportation Trust (OCUTT) Fund for the fiscal years 1966/87, 1987/88, 1988/B9, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach hereby requests the Orange County Transportation Conmission to allocate to said city from the ' Orange County Unified Transportation Trust Fund, the amount of $211,000, such amount to be matched by funds from said city to be used to aid said city in the improvement of Brookhurst Street between Bannint Avenue and the Orance County Flood Control Channel south of Bushard Street, said improvements to be in accordance with the attached project statement. BE IT FURTHER RESOLVED that by this resolution the City of Huntington Beach agrees and supports the basic concepts of th.:! Orange County Unified Transportation Trust Fund Streets and Roads Component; and further agrees that its share of the cost of such improvements will be available for this project for the year for which it is programmed. PASSED AND ADOPTED by the City Council of the City of Huntin5ton Beach at a regular meeting thereof held on the 6th day of January , 1986. Mayor Pro T 700* ATTEST: APPROVED ;.S TO FORM: 0 .ity Clerk ►ice City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: ity Administratdf Director of Public or s ahb; 12/19/85 1104L/3901 2. I I • A' RESOLUTION NO. 5614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE IN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUND STREETS AND ROADS COMPONENT ;;'HE IMPROVEMENT OF BOLSA CHICA STREET BETWEEN EDINGER. AND RANCHO AVENUES WHEREAS, the City of Huntington Beach desires to improve Bolsa Chica Street between Edinger and Rancho Avenues; and Bolsa Chica Street is an important arterial in the County of Orange and of general county interest and is in conformance with the county's Master Plan of Arterial Highways; and The Orange County Transportation Commission intends, by appropriate action, to provide funds for the improvement of st:eets in Orange County from the Orange County Unified Transportation Trust (OCUTT) Fund for the fiscal years 1986/87, 1981/881 1988/89, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington, Beach hereby requests the Orange County Transportation Commission to allocate to said city from the Orange County Unified Transportation Trust Fund, the amount of $250,000, such amount to be matched by funds from sell city to be uued to aid said city in the improvement of Bolsa Chica Street between Edinger and Rancho Avenues, said improvements to be in accordance with lthe attached project statement. BE IT FURTHER RESOLVED that by this resolution the City of Huntington Beach agrees and supports the basic concepts of the Orange County Unified Transportation Trust Fund Streets and Roads Component; and further agrees that its share of the cost of such improvements will be available for this project for the year for which it is programmed. PASSED AND ADOPTED by the City Council of the City of 1. b Huntington Beach at a regular meeting thereof held on the_6th day of January - , 1986. ATTEST: Mayor Pro 1 e APPROVED AS TO FORM: City Clerk i ttorney REVIEWED AND APPROVED: City A mi-nistratcr ahb ; 1 2 / 19; 8 5 1101L/39G1 0 INITIATED AND APPROVED: ..Director of PuSlic Works 2.