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HomeMy WebLinkAboutNOBEST, INC - 1989-03-30WHEN RECORDED MAIL TO: 89-343152 C-752 I;fTY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntineton Be -tell. Calif. 9264F EXEMPT C4 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA 3.30 J U N 2 8 1989 P.M. NOTICE OF COMPLETION Q y3tarrJt,RECORDER NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of !. W' the City of Huntington Beach, California to NOBEST. INC. I_ op 0 P. 0. Box 874. Westminster. CA 92684 _ 9"10 who was the company thereon for doing the following work to -wit: construction of sidewalk improvements in Davenport Drive in the City of Huntington Beach, Project CC-752 That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held o^ June 26, 1989 That upon said contract the Continental Insurance Companies was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 27th day of June , 19 89 . Connie Brockway City Clerk and ex-officio Clerk of the City.Council of the City of Huntington Beach-, California by AzQ 9-: g)'1OJ STATE OF CALIFORNIA aueputy County of Orange ) ss: City of Huntington Beach ) !,CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 27th day of June 1989 . This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded Area or charge. Connie Brockway City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California REQUEP FOR CITY COUNCOACTION Date Submitted to: Honorable Mayor and City Council .%pp1L0VZD 13Y CITY COUNC" ��C Submitted by: Naul Gook, City Administrator Prepared by: Louis F. Sandoval, Director of Public works CITY LEE Subject: DAVENPORT DRIVE SIDEWALK IMPROVEMENT, fiETWEEN COURTNEY LAME AND BARUNA LANE; CC752 Consistent with Council Policy? [ ]XYes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Nobest Incorporated has completed the construction of the sidpdwalk improvements on Davenport [give between Ccnirtnev Lane and Baruna Lane. RECOMMENDATION: 1. Accept the improvernents and authorize the City Clerk to file the Notice of Completion. 2. Aoorove the total contract cost of $56,833.60 ANALYSIS: On March 6, 1989, the City Council awarded a contract to Nobest incorporated for the sidewalk irnorovernents on Davenport Drive. The construction of these improvements am now completed per the approved plans/specification; therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion he filed by the City C1Prk. The following is a summary of the contract costs: Contract amount: Construction Contingencies (I0°n) TO rAL Council Approved $57,1 76.00 5,717.60 $62,893.6n Actual FxoenditurP $56,833.60 0 $56,333.60 FUNDING SOURCE: Sufficient City Gas Tax funds were !)udgeterj for this project in Account -lumber 74752. ALTERNATIVE ACTION: Not aoplicabfe ATTACHMENTS: None / Ni=C:LGE:LJT:dw 2079q/3 PIO 5/85 City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-752 Daven ort Drive Sidewa Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Titli DECLARATION OF SATISFACTION OF CLAIMS I, Nobest Incorporated , state: Name of Contractor 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled sidewalk improvements to and dated March 30, 1989 Davenport Drive 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty. of perjury that the foregoing is true and correct. Executed at 6p'Qi>Xq3 Qp"E on this Z_ day of TSignatur of ntractor') 0 CITY OF HUNTING N BEACH q'' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 31, 1989 Nobest, Inc. P. 0. [lox 874 Westminster, CA 92684 RE: Construction of ,sidewalkiiEproveoientc, to DayPnPQrr_nrjUjp __ PROJECT CC-_752_ Enclosed is your bid bond, a copy of the executed contract with the City of Huntington Beach, a Certificate of Compliance form and the Declaration of Satisfaction of Claims. The Certificate of Compliance form and the Declaration of Satisfaction of Claims MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETE BUT PRTM70 THE AELEASE OP ENT ON FUNDS. In addition, the following item must also be on file, with this office, before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contract Administrator, 536-5441. Connie Brockway City Clerk CB: js cc: Don Noble, Public Works Dept. Enclosures: Bid Bond Cash Contract Certificate of Compliance Declaration of Satisfaction of Claims (Telephone: 714-536-52271 0 ;, CITY OF HUNTINGT N BEACH 2000 MAIN STREET CALIPORN IA 92648 OFFICE OF THE CITY CLERK March 30, 1989 Damon Const. Co. 500 E. Gardena Blvd. Gardena, CA. 90248 We are returning your Bid Bond which was submitted with your proposal for the sidewalk improvement to Davenport Drive, Project CC-752, in said City of Huntington Beach. The contract for this job was awarded to Nobest, Inc. of Westminster. We would like to take this opportunity to thank you for your interest in submitting a proposal. Connie Brockway City Clerk CB:bt:bas Enclosure (Telephone- 714-536.52M 0 CITY OF HUNTINGN BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK March 30, 1989 Bruce Paving Company 313 W. Gardena Blvd. Gardena, CA. 90248 CALIFORNIA 92648 We are returning your Bid Bond which was submitted with your proposal for the sidewalk improvement to Davenport Drive, Project CC-752, in said City of Huntington Beach. The contract for this job was awarded to Nobest, Inc. of Westminster. We would like to take this opportunity to thank you for your interest in submitting a proposal. Connie Brockway City Clerk CB: bt:bas Enclosure [Telephone: 714-536-52271 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUN IINGTON BEACH AND NOBEST, INC.�FOR THE CQNSTRUCTION OF SIDEWALK IMPROVEMENTS TO DAVENPORT DRIVE THIS AGREEMENT is made and entered into on this 30-tA day of .?7q QJiCLi , 199f-7 by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and NOBEST, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the construction of sidewalk improvements to Davenport Drive in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encounteredin the prosecution of work, and for all other risks of anydescription connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension -1- 0 • or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONSWORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and -2- 0 0 special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1988 edition of Standard Specifications fgr ublic Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as -3- an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENS_ A._ TION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of Fifty -One Thousand One Hundred Seventy -Six and no/100 Dollars ($51,176.00), as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4. COMMENCEMENT OF PRQJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within thirty (30) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein. 5. TKE QF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will -4- • facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. -5- WFEEMPrem,• •:• • No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. B. BONDS CONTRACTOR shall, prior to entering upon the perform - ante of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY'S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAY It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty and no/100 Dollars ($250.00) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. -7- • 0 CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for -8- • 0 delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING ITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from -those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13._ VARIATIONS IN ESTIMATED WANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of 0 • the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAX—MENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each -10- month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD QQNTRACT FUNDS._ SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in -11- r� u r1 u connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER QF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEEEN E HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. Any costs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to California Code -of Civil Procedure § 1021. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Codg Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it -12- 0 • will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such workers' Compensation Insurance in an amount of not less than Five Hundred Thousand Dollars ($500,000) bodily injury by accident, each accident, Five Hundred Thousand Dollars ($500,000) bodily injury by disease, each employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CONTRACTOR shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. I N-1RANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability -13- insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than Two Million Dollars ($2,000,000). In the event of aggregrate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing -14- • • insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 0 22. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, -15- 0 11 calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 23. ICON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 24. CXTY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 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 necessary disbursements in addition to any other relief to which that party may be entitled. If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of -16- CONTRACTOR. CITY may charge an administrative fee of one -hundred dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 26. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.0 § 1324a regarding employment verification. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to. whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. REST OF PAGE NOT USED -17- STATE OF CALIFORNIA ss. , COUNTY OF ORAN QM 9-1aL SEALND�ERSONC - CALIFORNIAE OUONTY ires SEP 27, 1991 ACKNOWLEDGMENT—emporetlon—WolcolteForm 222CA•X—Rev. 5•e2 'E19e2 WOLCOTTS, INC. On this 24 day of *''_ARCH , in the year 19 3 gg' before me, the undersigned, a Notary Public in and for said State, personally appeared LARRY NODLAND , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal Notary Public in and for said State. STATE OF CALIFORNIA ss. COUNTY OF OP.ANGE 11 OFFICIAL SEAL "� KAY E ANDE'RRSON to NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires SEP 27, 1991 ACKNOWLEDGMENT—Corporetkn—Wok"s Form 222CA•X—Rev, 5•e2 01982 WOLCOM. INC. On this 24 day of k'APCH , In the year 19 8 9, before me, the undersigned, a Notary Public In and for said State, personally appeared FOB PT NODLAND , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed It. ; WITNESS my hand and official seal. Not ry Public In and for said State. 29. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: NOBEST, INC. a California corporation Robep<--Mdland, Rre54dent ar , Treasurer ATTE1%,y : • City Clerk RE ND =RD: X - Z7-- - City Administrator rf f 1 CITY OF HUNTINGTON BEACH a municipal corporation of the St�/� te of Californi;0-�7 Mayor APPROVED AS TO FORM: A—L- -4e4 City Attorney PbA INITIATED D APP OVED: Dir t tor of Public Works '3 --S-o --- Scv -18- ^6110 E 1P, 4;r,n I It-1L;A i t Ur 1NbUKAN�t • 3/27j 8ti ! PRJOUCER THIS CERTIFICATE IS ISSUED A TIER OF INFORMATION ONLY AND CONFERS NO n!GHTS UPOrJ THE CFRTIFI(- ;OLDER. THIS CERTIFICATE DOES NOl AMEN). CORROON & BLACK INS. SERVICES FXTEND OR FILTER THE COVERAGE AFFORDED By rHE POLICIES BELOLw f P.O. Box 90190 COMPANIES AFFORDING COVERAGE i Pasadena, California 91109-0190 f (816) 796.3888 (213) 681.0400 COMPANY i LLTIF14 A Aetna Casualty & Surety CODE SUB-COOE ! .-nntact: Sue Nechiporenko Ext. 329 r-OVr'ANY 8 f INSURED I C17EP l ? COhTrANi C ! Nobest, Inc. LEtrFn r P.O. Sox 874 LFTTE}t Y ❑ Westminster, CA 92683 { COMPAr4Y E [ COVERAGES THIS IS 10 CEHTlFY T)IAT -,HE POLICIES (Ai ; LISTED BFLOW HAVE BEEN ISSUFiO TO THE INSURED NAMED ABOVE FOR TFiF. POLICY PERIOD !NDICATED. NOTWITHS!ANDING -Z+NY HEOUIRFmENf. TL-Rm OR CO^JDIIION OF ANY CONTRACT Q)y OTHER DOCUMF.V 1 YdIrH RLSPLCT TO WWCF! rms +I CERTIFICATE MAY BE !SSULD OR MAY �!:A.TmN. THE INSURANCE AFFORDED BY THE PCL-G,ES DESCRIBED HERFIN IS SIJBJFC1 TO ALL THE 1EHMS. ` EXCLUSIONS AND CONENT)ONS OF SUf:r7 POI ICI(S- LIMITS SHOWN MAY IIAVE PEEN HFDUCELI aY Palo C1 AIMS fl j CO POL77:Y EFFECTFVE POLICY EXPIRATION I TYPE OF INSURANCE POLICY NUiABER A4t tIM(TS IN THQU51�T+OS LTR GATE fMrdiq:d"f Y5 DATE R.1 F.7+GD Y"j i GENERAL LIABILITY r;FNFHAL :•(;rn? (jAI F S 2, 000 L,O-AMFHCIAL GENFHAL LIAWL0 PRCi)JCTS Cf)IAV;OPj AGGnEGATC S 2,000 A CLAIMS MADF X OCGJf- 8 3CO5 354 9 6 3CCA 8/3/88 8/3/89 1, 0 00 GWNFq'S & C anTHACTOH'�; PW--T I ACTH C::.CI:RRENCr S 1 000 I F'r,L UA,.(AGL ;A'r �r.t'.rni S 100 I I I rApDIGA1 FXP4nSL +Mv : re ,,^.eson, S rj AUTOMOBILE L[AB[LITY COMU:NrD r 5+NGI.F S 1, 000 X ANY AUTO LIFAIT f ALLO4YNLOAUTC:i 83FJ78i711-CCA 8/3/88 8/3/89 1100,LY i }A SCHEUJLEil AJ rOS (Pi-r j,01%I: X WIRED AUTOS ROM.. Y •NJUR� S yrF X NON OWNED AU 10S _ :r'Cr a.C1rrcr•II r GARAGE. LIALSILITY 4AMAGL EXCESS LIABILITY FA(,h AGGPtGA7F 0(.CUT11.Erc;F. A 3 3XS53999WCA 8/3/88 8/3/89 s 1,000 s 1,000 DTHER r? N:;MI3FTE1LA+:,:ra7 ! iWORKER S COMPENSATION .itAtLt(iHY S fEACH AC('1()[NrI AHD S iUIS ASE -F°qS ICY 7 da'11, EMPLOYERS' LIAUILITYl'T�QDjfED 7� r� rr r�/� r�7,7, 11 a7 llJ FL1lL :f S ID:SEASF -EACH FW-P LJN EE) GAII, HUTTOU, City Attorney, I OTHER by. Deem.,ty City Attorney, i } OESCRtPTION OF OPERAT(ONS/t %CATION51VEHiCLES+RESTRICTIONS+SP£CIA L ITEMS Cancells and supercedes certificate of insurance issued 3/21/89, fRe: Davenport Drive Parkway Irnerpvements; CC-752 i CERTIFICATE HOLDER I z City of Huntington Leach 2000 Main Street `P.O. Box 190 �r Huntington Beach, CA 92648 S ) LACORD 2w 5•S (3188), --- — -- ---- CANCELLATION ! I S4OUI-U ANY OF THE ASOVF. n[SCRIBED POLJCIFS BF CANCELLU-D BEFORE TF!F CKFfRAFfCN SATE FHEREOF', THE !SSUfNG COMPANY 'ANILL x'lY n71-l'.'i7 MAIL 3O_ DAYS WRI rTEN NOTICE TO THE CERTIFICATE HOLDER NAMED FO TrIE I LFrT. p{1tCiE�fk3�iL�X",XJdaQC{54}CxX�i{�}L9+;VaX105fi'ASii3CQ�C�3CGblL'�Ci9�]ii �4K�3�Ad�C�R ��+aaS�rt��t�Rocaanbcac;ft �d l 6c'ar��a�r�R9� T7-1NIZEDNEPIIESEMIADVAco"oon & Biack ins. Serv. nt CACORD CORPORATION , ; _ • STATE P.O. BOX 807, SAN FRANCISCO. CA 94101-0807 CQMPENSATIor4 ITISURANCtE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE mARCH 22) 1989 POLICY NUMSER 440-66 UNIT 0004564 CERTIFICATE EXPIRES 1C1-1-69 r CITY OF HUNTINGTON BEACH BUILbiNG UIVISION, 3RD FLOUR ATTLNTIut4: GLORIA GITSHAM 2000 MAIN STREET JGb : ALL OPERATIONS S HUNTINGTON BEACH, CA 92648 L This is to certify that we have issued a valid Workers" Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period Indicated This policy is not subject to cancellation by the fund except upon tel�ays' advance written notice to the employer. We will also give you Tays' advance nonce should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be Issued or may pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policles- X PRESIDENT EMPLUYER'S LIABILITY LIMIT:_ $3,000,000 PER OCCURRENCE. ENL)ORStiKCNT #t,065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10/U1/86 tS ATTACHED TO AND FOR,vS A PAkT OF THIS POLICY. F_ APPROVED AS TO FORM:, GAIL HUTTON., City Attorney. By: Deputy�iAttorney '? z� EMPLOYER NULiCST, iNL.. 76UO ACACIA GARDEN GkOVE CNL_'UnNIA 5264i L SCIF 10?62 (REV_ 10-86) OLD 262A r The Cotinental Insurance Coroany 180 Maiden Lane, New York, New York 10038 GENERAL POWER Of ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint DOUGLAS A. RAPP, PASADENA, CALIFORNIA its true and lawful attorney, for it and in its, name, place, and stead to execute on behalf of the said Company, as surety, hands, undertakings IS contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall etceed to amount the sum of TWENTY MILLION (20,000,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the tsi day of `ovember, 1977. "RESOLVED, that the Chairman of the Board. the Vice Chairman of the Board, the Prevdent. an Executive Vnce President or a 5e-n,or Vtce President or a Vice President of the Company. be- and that eath or any of them is. authorized to execute Powers of Attorney qual3f-png the attorney named in the Swen Power of Attorney 10 execute in behalf of the Company, bonds. undertakings and all contracts of suretyship. and that an Assistant Vice President. a Secretary or an Assistant Secretary, be. and that each or any of them hereby rs. authorized to arrest the execution of any such Power of Attorney. and to attach thereto the seal of the Company FURTHER RESOI vED. that the signatures of such officers and the seal of the Company may be affixed To any such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Artorney or certificate bearing such rac%,mile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future ,..nth respect 10 any bond, undertaking at contract of suretyship to which 11 is attached - In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985 Attest Robert W. Adler. St.. Assistant Vice President STATE OF NEW YORK COUNTY OF NEW YORK THE CONTINENTAL INSURANCE COMPANY By MKlael J. Beerraert, Ynce President On this 1 st day of may, 1985, before me personally came Michael f. Beernaert, to me known, who being by me duly sworn, did depose arad say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument, that he knows the seal of the said corporation. that the seal affixed to the said instrument is such corporate seal.- that it was 5o affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order- r.�t` oru.' o: ETHEL TARANTO NOTARY PUBLIC, Slate of New York No. 24-166111 7 Qual m KnnSs County CERTIFICATE Commission Expires March 30, 1986 1, the undersigned, an Assistant Vice President of THE CONTINFNT-.4L INSURANCE COMPANY. a New Hampshire corporation, DO 'HEREBY CERTIFY that the foregoing and attached Power of AttorPcy rem my it full force and has not been revoked. and furthermore that the Resolution of the Board of Directors, set forth to the said Power.of Attorney, ts.,nY:,in force. Signed and sealed at the City of New York, in the Stale of New York%'at ed the 21st day of March • 1989 tames M. Keane. Assnst,tne Vice President It BOND 4315L '' Printed in U.S.A- ,Ooo' The Continental Insurance °eTCC Companies subsidiaries of The Continental Corporation KNOW ALL MEN BY THESE PRESENTS: CONTRACT BOND LABOR AND MATERIAL PUBLIC WORK (CALIFORNIA) THAT WE, NOBEST INCORPORATED Bond No. BND 158 85 20 Executed in Duplicate of P. 0. Box 874, Westminster, CA 92684 as Principal, and THE CONTINENTAL INSURANCE COMPANY under the Laws of the State of NEW HAMPSHIRE incorporated and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CA 92648 P.O. Box 190, Huntington Beach, / as Obligee, in the sum of . T14ENTY—FIVE THOUSAND FIVE HUNDRED EIGHTY—EIGHT AND N0/100 Dollars($ 25, 588.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above -bounded Principal has entered into a contract, dated the following work, to wit: 19 , with the Obligee to do and perform CONSTRUCT SIDEWALK IMPROVEMENTS TO DAVENPORT DRIVE IN THE CITY OF HUNTINGTON BEACH NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Principal, his or its heirs, executors, adminstrators, successors or assigns, or sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, as required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety hereon will pay for the same in an amount not exceeding the sum specified in this bond; otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, Sealed and dated this 21st day of MARCH 1989 OpROVED'ATTO rou- GALL HUTTON., City Attorney Dep By: �y City A orney G.- Douglas A. Rapp No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. BOND 1217 E Printed in U.S.A. STATE OF CALIFORNIA OUNTY OF OPAN GE Ot;FICIAL SEAL • ""ti`.':+;� KAY E AND'E'RSON Is c • tvo*rARY PUBLIC - CALIFORNIA ORAN' , c My comm. expiressSSEP 27, 1991 ' ACKNOWLEDGMENT—Corporallon—WolMs Form 222CA.X—Rev, 5.82 01982 WOLCOTTS,INC. ` On this 24 day of PARCH , in the year 198 9 , before me, the undersigned, a Notary Public In and for said State, personally appeared LARRY NODLAND personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notar Public in and for said State. State of California County of Los Angeles )ss. On this 21st day of March , in the year 1989 before me a Notary Public personally appeared DOUGLAS A. RAPP , personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -in - Fact of The Continental Insurance Company and acknowledge to me that he (she) subscribed the name of The Continental Insurance Company thereto as surety, and his (her) own name as Attorney -in -Fact. �xnunlnniumwxmnnnnumuuuluuxlNnnnlxnlummmnununnunnmumxmnunnnunnnnnmm�xuQ OFFICIAL SEAL MARGARET BRADT_ ® NOTARY PUBLIC-CALIFORNIA -� �� PRINCIPAL OFFICE IN '8 LOs ANGELES COUNTY C in and for said Coup y MyOommission Expires April22,1991 uxuuuunnunumnlnnnmuunnunnnuumuununnnnnuunmm�nnmmmmmunuunuunuuuuun:u.n�i� State of California County of Los Angeles )SS. On this 21st day of March , in the year 1989 before me a Notary Public personally appeared DOUGLAS A. RAPP , personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -in - Fact of r aryl acknowledge to me that he (she) subscribed the name of rri, r t • pntaLr_ �L rrnm nn T thereto as surety, and his a (her) own name nn n - 51 �1---3 as Attorney -in -Fact. �XIININIIIIIIIIIIIIIIIIIIIIIMNNIIIINNINIINIIINNMHNIINIININIIIIIINIIg11NI1NININNIItNIMNNI1111111NII111NII11111INllg{ OFFICIAL SEAL MARGARET BRADT NOTARY PUBLIC -CALIFORNIA E PRINCIPAL OFFICE IN LOS ANGELES COUNTY In and f My Oommission Expires April 22, 1991 _ NOtary 116 IINIIIIIIIIIIIIIIIIIIIIIIIMNNINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIInIIIIli11I1111111111111111111111111X1111111NIIIIIINIIIi'+ STATE OF CALIFORNIA ss. COUNTY OF r; :? 71T7=- OFFICIAL SEAL KAY E ANDIERSON " eL NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY. My comm. expires SEP 27, 1991 i "ACKNOWLEDGMENT—Corporalim—Wokift Foml 222CA-X—Rev. 5-e2 01982 WOLCOTTS. INC. On this 24 day of P"..ARCu , in the year 198 S , before me, the undersigned, a Notary Public in and for said State, personally appeared LARRY NODLAND , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. IOU i No ry Public In and for said State. S Or �r+�i 1C�1L�t1�7gOt+' �1 -'Continental (� Insurances. ' I KNOW ALL MUN BY THESE PRESENTS: That, NOBEST INCORPORATED, P. 0. Box 874, Westminster, CA 92684, as Principal, hereinafter called the Principal, and PERFORMANCE BOND BOND #158 85 20 PREMIUM: $768.00 EXECUTED IN DUPLICATE THE CONTINENTAL INSURANCE COMPANY a corporation organized and existing under the laws of the State of NEW H OTSHIRE with its principal office at 80 :Maiden Lane, in the City of New York, New York, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, P. 0. Box 190, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the just and full sum of FIFTY—ONE THOUSAND ONE HUNDRED SEVENTY—SIX AND NO/100 ($51,176.00) Dollars, to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves,their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has entered into a certain written contract with the Obligee, dated the day of 19 to CONSTRUCT SIDEWALK IMPROVEMENTS TO DAVENPORT DRIVE IN THE CITY OF HUNTINGTON BEACH,. (The work installed under said Contract is guaranteed against defects .in materials or workmanship for a period of one (1) year*!* which contract is hereby referred to and made a part hereof, as fully and to the same extent as if copied at length h ein. ***alter Cityts acceptance thereof.) Now, Therefore, the condition of this obligation is such that, if the Principal shall faithfully perform all of::'. the obligations of the Principal under the contract, and shall fully indemnify and save harmless the Obligee':_ from all cost and damage which the Obligee may suffer by reason of the failure of the Principal so to do and shall'.' fully reimburse and repay the Obligee all reasonable outlays and expanse which the Obligee may incur by reason - of such failure; then this obligation shall be null and void, otherwise it shall remain in full force and effect. The foregoing obligation, however, is limited by the following express conditions, the performance of each.. of which shall be a condition precedent to any right of claim or recovery hereunder: 1. In the event of any default on the part of the Principal, a written statement of the particular facts showing' the date and nature of such default shall be given by the Obligee to the Surety as promptly as possible after such default has become known to the Obligee, and shall be forwarded by registered mail to the Surety. 2. If the Principal shall fail to comply with the provisions of the contract to such an extent that the con- tract shall be forfeited, the Surety will have the right and opportunity to assume the remainderof the contract and at its option to perform or sublet the same. 3. No action, suit or proceeding shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve (12) months after completion of the work specified in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for which said Surety is liable, an action for maintenance"may be brought within three (3) months from the expiration of the maintenance period, but not afterwards. Signed and sealed this 21st day of zzoll ", its0,J By: MARCH A. D. 19 89 sr;br livUUrcruccalnL (Seal) P ' 'pal ........... ............... .... .... . ............. .............. .. No � 5u 0 TINENT L INSU CE COMPANY ...... ...... ........ (6eal� Surety _ Q_ .. ....................... Dou as A. 'Rapp Actomey — in —Fact BOND 4MA Pnmcd in U.S A. PERFORMANCE BOND • `LT�PIiI►[� Amount$ .................................................................... DateIssued................................................................ On Behalf of .................................................................................... Principal In Favor of ................................................................................... Obligee U ------ o------ 80 MAIDEN LANE, NEW YORK, N.Y. 10038 The C.. _Ainental Insurance Con .any 180 Maiden Lane, New York, New York 10038 GENERAL POWER Of ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint DOUGLAS A. RAPP, PASADENA, CALIFORNIA its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of TWENTY MILLION (20,000,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. Attest Robert W. Adler, Sr., Assistant Vice President ••. STATE OF NEW YORK j COUNTY OF NEW YORK THE CONTINENTAL INSURANCE COMPANY By Michael f. Beernaert, Vice President On this 1 st day of May, 1985, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 1 • /Z� zW: nOT�AY:O= ra'a"12 PUBOC �#,;•; •......=.o •; ETHEL TARANTO °„,';,'.• NOTARY PUBLIC, State of New York No. 24-4663117 Qual. in Kings County CERTIFICATE Commission Expires March 30, 1986 1, the undersigned, an Assistant Vice President of THE CONTINEt ITAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney rel:*..1ains sn fu:! force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorneyt:w ic'in force. Signed and sealed at the City of New York, in the State of New York. Dated the 21st day of March ,1989 11 BOND 4315L 40 � 1 fames M. Keane, Assistant Vice President Printed in U.S.A. r ,STATE P.O. BOX 907, SAN F1I�1V�C�C�_AE941010607 COMPENSATION FUNDINSURANCE uu QQ�� CERTIFICATE OF WORT 141CO%P41A1A T 8N INSURANCE MARCH i2, lyby POLICY NUMBER CERTIFICATE EXPIRES a L 44EJ-68 ui:IT 0004564 iu-i-65 CITY OF HUNT INGTON aEACH bUiLDINIJ DIVISION, 3kD FLOOR ATFti`TION: GLORIA GITSFIAM 2000 mAIN STREET JOti: ALL OPERATIOINS Hu1N T INGTON BEACH, CA 92648 This is to certify that we have issued a valid Workers' Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indiCated. This policy is not subject to cancellation by the Fund except upon take lays' advance written notice to the employer_ We will also give you Trays" advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed, herein_ Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT EMPLOYER'S LIABILITY LIMIT:_ $3,000,000 PER OCCURRENCE. ENUORSt(AENT #2p65 ENTITLED CERTIFICATE HOLDERS' NOT ICE EFFECIIYE 10/Ui/8b iS ATTACHED TO AND FORMS A PART OF THIS POLICY, EMPLOYER �,ULikS l , iml . 76UU ACACIA GARui-.% t kuvE CALL'Fu;\NlA 92641 APPROVED AS TO FORM:I GAIL HUTTOI-I,. City Attorney BY: D ut City Attorney 4 L SCIF 10262 (FiLV- 10-561 OLD 7F;2A 'Xi-:474 PRO D(rCER CORROON & BLACK INS. SERVICES P.O. Box 90190 Pasadena, California 91109.0190 (818) 796.3888 (213) 681.0400 CODE SUB -CODE Contact: Sue Nechiporenko Ext.. 329 INSURED tiY'•� �' - 1_ . ISSUE DATE (I.IMrDUIYYI NIP THIS CERTIFICATE A A MATTER OF INFORMATION ONL`( AND CONFERS NO RIGHTS UPON THE CERTIFFCATE HOLDER- THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW CMan INA XORIT1G COVERAGE COMPANY LETTER A Aetna Casualty & Surety COMPANY LE77ER B COMPANY Nobest, Inc. LETTER P.O. BOX 874 COMPANY Westminster, CA 92683 LETTER COMPANY E LETTER COVERAGES_ ��... a:.,:�1: u... .- ._.. --__"�. .r_�. ....F:a.'._V.SOr.I'�'CSJ-.�....r�r �lr`-�—tr...���i�-w}"_il��i.-�'lti=tom'.. �� ♦._�—�. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNIS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- CO: LTA TYPE OF 1NSURAHCE POLICYEFFECTIVEIPOLICYEXP(RATION i POLICY NUMBER ! DATE {MMIDD:YY) DATE (MM/DDIYY) ALL LIMITS IITHOUSANDS GENERAL LIABILITY S 2 000 - GENE RAL_AGGRECATE-- X ` COMMERCIAL GENERAL LIABILITY _ . PRODUCTS.COMPfOPS AGGREGATE $ 2 , 000 A _ CLAIMS MADE X OCCUR' 8 3CO5 3 5 4 9 6 3CCA 8/3/88 8/ 3/ 8 9 PERSONAL d ADVF.RT§SING INJURY $ 1, 0 01�0 OWNER'S d CONTRACTOR'S PROT- EACH OCCURRENCE S 10 0 0 ---- --.-- - - FIRE DAMAGE (Any one lire) : S 10 0 - ----5 - MEDICAL EXPENSE {Anyone person) S - AUTOMOBILE LIABILITY COMBINED V' - 1 SINGLE $ 1,000 X ANY AUTO LIMIT A ALLOWNEDAUTOS 83FJ787-211CCA 8/3/88 8/3/89 BODILY _ ._... SCHEDULED AUTOS INJURY I S {Per person) ._... ..- --.. —_.... X HIRED AUTOS ,. I _ BODILY - I ._I INJURY $ . X NON -OWNED AUTOS (Pel accicen') -- I GARAGE LIABILITY - PROPERTY I S DAMAGE ) EXCESS LIABILITY - - - EACH AGGREGATE A OTHER THAN UMBACLLA FORM � 83XS53999WCA 8/3/88 YTORKER-S COMPENSATION AND EMPLOYERS' LIABILITY OTHER 8/3/89 APPROVED AS TO FORM1.1 GAII. BUTTON„' City Attorney, Tay: Deputy City Attorney, *Wm_- C/ _ OCCURRENCE, $$ 1000' ,1,000 STAFUTORY S l (EACH ACCIDENT) - - f (DISEASE --POLICY LIM-17) S (DISEASE —EACH EMPLOYZC DESCRIPTION OF OPERATION S!LOCATIONS/VEH[CLE SIRESTRICTIONSlSPECIAL ITEMS Cancells and supercedes certificate of insurance issued 3/21/89. Re: Davenport Drive Parkway Improvements; CC-752 CERTIFICATE HOLDER CANCELLATION 1 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEAF.OF. THE ISSUING COMPANY WILL g4 nkkv"XT)o ` 2000 Main Street MAIL. s0 -- DAYS WRITTEN NOTICE TO THE CERTIFICATF HOLDER NAM.ED TO THE P.O. Bois 1.90 1 FFT.¢�,ai}FA1GiL�I�R�C}idQDCSbKi'i}CIi�'F{�[�iS1X}{N�'laS�r{Q�.X�CO�iCT]CiQ}d7E1 Huntington Beach, CA 92648 x5 �>aa3. DRA t x �at� a+rr�aa sz�tx ac�c c TH IZED REP SE ►v Co o n & ac ns . erv. ?Do t . J�lf !den t ACOFi0-25-S (3188) :-, _ - ,ate-.,; - .__.: _.. .(�ACORD-CORPORATION 1988 a� POLICY NUMBER; .8 3C35496 3CCA COMMERCIAL GENERAL LIABILITY ► THIS ENDORSEMENT CHANGES THE POLICY. P1LV6t'1RQE ITMEND CAREFULLY. ADDITIONAL INSURED — OWKE-f��S` �9�f5'��S OR CONTRACTORS (FdWl�l B This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City cf Huntington Beach .its officers, agents and employees 2000 main Street P.O. Box 190 Huntington Beach, CA 92648 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Nobest, Inc. P.O. Box 874 Westminster, CA 92683 CG 20 10 11 85 Vi o &$�a I s.Sorv. as 1i.n President Copyright. Insurance Ser4,ces Office. Inc.. 1984 0 13 POLICY NUMBER' 83CO53 3CCA _@.OMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RfE(WEIRVAINST OTHERS This endorsement modifies insurance provided under the following- COMMERCIAL GENERAL LIABILITY COVERAGE PART- OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART C ff'UL City of un ing on Beach Name of Person or Organization: its officers, agents, and employees 2000 Main Street, P.O. Box 190 (if no entry appears above. information requ L-V) completeUs endorsement will be shown in the Declarations as applicable to this endorsement_) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. Nobest, Inc. rFs $l,ac Ins. Serv. P.Q. Box 874 /-�/ Westminster, CA 92683 D ug4. In President CG 24'04 11 85 Copyright. Insurance Services Office. Inc.. 1984 0 r C C C -POLICY NUMBER: 8 3CO5 3 0 3CCA OPMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART CH OULI City of un ing on Beach Name of Person or Organization: its officers, agents, and employees 2000 Main Street, P.O. Box 190 Huntin n B aA ureochiisnd_92648 (If no entry appears above..informationreq%compe_orsement will b_e shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. Nobest, Inc, roon ,& YJ� c I s. Serv. P.O. Box 874%�p//� Westminster, CA 92683 D ugI SK.son President CG 24 04 1185 Copyright. Insurance Services Office. Inc., 1994 X1 POLICY NUMBER: 8 3C35 496 3CCA COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM 8) This endorsement modifies insurance provided under the foltowtng: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach its officers, agents and employees 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648_ (if no entry appears above, information required to complete this endorsement vnll be shown in the Declarations . as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule. but only with respect to liability arising out of 'your work" for that insured by or for you. Nobest, Inc. P.O. Box 874 Westminster, CA 92683 s. Serv.&siVxj?sj17Ss6An denr�et CG 20 10 1185 Copyright. Insurance Services 0111ce. Inc.. 1984 STATE OF CALIFORNIA ss. COUNTY OF OP.AN CE p^ARCH 09 On this 2 4 day of In the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared OFFICIAL SEAL KAY E ANDERSON NOTARY PUBLIC - CALIFORNIA y .4 ORANGE COUNTY My comm. expires SEP 27, 1991 ACKNOWLEDGMENT—Corporatlon—Wolcottt Form 222CA•x—Rev. 5-82 (E1982 WOLCOTTS,INC. CARE' NODLAND , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. a N ary Public In and for said State. State of California County of Los Angeles Iss. On this 21st day of March , in the year 1989 before me a Notary Public personally appeared DOUGLAS A. RAPP , personally know to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -in - Fact of The Continental Insurance Company , and acknowledge to me that he (she) subscribed the name of The Continental Insurance Company thereto as surety, and his (her) own name as Attorney —in —Fact. OFFICIAL SEAL MARGARET BRAT S o NOTARY PUBLIC . CALIFORNIA PRINCIPAL OFFICE IN �r LOB ANGELES COUNTY My Commission Expires April22,1991 tNotary Publ n and fo ! ai County mm�nuuuaom:a;nlmwmwmwmanunlala:awmunonuunaumuaun�crui�r,:c:nuA d::;,, �:,�w 1��xs G•; The Continental r , Insurance Companies KNOW ALL MEN BY THESE PRESENTS: CONTRACT BOND LABOR AND MATERIAL PUBLIC WORK (CAUFORNIA) THAT WE, NOBEST INCORPORATED Bond No. BIND 158 85 20 Executed in Duplicate of P. 0. fox 874, :destminster, CA 92684 as Principal, and THE CONTINENTAL INSURANCE MlPA'y'Y incorporated under the Laws of the State of NEW HAMPSHIRE and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF IMI TINGTON BEACH, CA 92648 TITENTY-FIVE THOUSAND FIVE P.O. Box -190, _ Huntington Beach, / as Obligee, in the sum of -- HUNDRED EIGHTY-EIGHT AND N01100 Dollars($ 25, 588.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severalty, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above -bounded Pnncipaf has entered into a contract, dated the following work, to wit: 19 , with the Obligee to do and perform CONSTRUCT SIDEWALK IMPROVEMENTS TO DAVENPORT DRIVE IN THE CITY OF HUNTINCTON BEACH NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Principal, his or its heirs, executors, adminstrators, successors or assigns, or sub -contractors, shall fait to pay for any matenals, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the worts contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, as required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil Code, and provided that the claimant shall have complied vAth the provisions of said Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety hereon will pay for the same in an amount not exceeding the sum specified in this bond: otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims -'under.. - Section 3161 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. --;:Signed; Seated -and -dated tfiis -i—1 21st day -of— - MARCH _ _ _ 19139� ST INCORRORAT L - w rA[YiArhP�r , _ C i APPROVED AS TO Fo PX ttornet. GAIL HliTu Olioty torr1ey By-. Dep tY _ , _ I � .BOND 1j17 E R+r+ua n U-S-A OL The C. Jinental Insurance Co r> ny 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY KNOW all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint DOUGLAS A. RAPP, PASADENA, CALIFORNIA its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of TWENTY MILLION (20,000,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. Attest: Robert W. Adler, Sr., Assistant Vice President ••• ..... STATE OF NEW YORK COUNTY OF NEW YORK THE CONTINENTAL INSURANCE COMPANY By Michael l• Beernaert, Vice President On this 1st day of May,1985, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. rW; 140TAOV:0' 'z °USLIC; 4 ({i ' 1•-; ••.....: ;�;= ETHEL TARANTO NOTARY PUBLIC, State of New York No. 24-4663117 Qual. in Kings County CERTIFICATE Commission Expires March 30, 1986 1, the undersigned, an Assistant Vice President of THE CON T iNE.NTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Povver of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 21st day of March 11989 11 BOND 431SL Ih'�,••' 'r: I.. es M. Keane. Assistant Vice President Printed in U.S.A. REQUER FOR CITY COUNCPACTION J Date March 6, 198g_ Submitted to: Hono,-able Mavor and City Council APPROVED BY CITY COUNCIL Submitted by: Foul E. Cook, Citv .Administrator Y" t. —�, _- 6 19.__.. Prepared by: Louis F. Sandoval, Director of Public Works CITY CLERK Subject: DAVENPORT DRIVE PARKWAY IMPROVEMENTS; - Consistent with Council Policy? [ X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE_: On February 6, 1989, the City Council authorized a call for hids for the Davenport Drive Parkway Improvements. RECOMMENDATION: I. Accept the low bidder and award the contract to Nobest Incorporated, 7600 Acacia Avenue, (,arden Grove, in the amount of $57,176.00 and reject all other rjids, and approve and authorize execution of the appropriate contract. 2. Authorize the.Director of Finance to encumber $5,000.00 for anticipated project "incidentals".' ANALYSIS: The bids were received on February 21, 1989 and are listed helow in order of dollar arnount: 1. Ncbest Inc. $57,176.00 2. Oarnon Construction $68,613.00 3. Bruce Paving $73,077.00 En9ineer's Estimate $95,000.00 FUNDING SOURCE: The project will be funded frorn City (-.as Tax Fund Account Nurnher 74752. ALTERNATIVE ACTION: Reject all '.)ids and advise staff on how to pursue with project. ATTACHMENTS: Project Location Map PE=C:LFS:LT:dw 19 79r;/4 P1 O 5/85 r -CQURTNEY„ LANE T /'1 PROJECT LOCATION MAP DATE:, February 21, 1989 M. y� ENGINEER'S ESTIMATE: JOB AND CC NUMBER: $95, 000��' / DAVENPORT DRIVE SIDEW' LK IMPR0VEi'4LWr/DAVENP0RT AND SAYBROOK; CC-752 BIDDERS NAME TOTAL BID AMOUNT i. Bruce Paving 2. Damon Construction 3. E G N Construction 4. .I P S Services 5. NoBest 1 6. Marina Contractors 7. R. A. Snyder, Incorporated 1�U� 1 f1r:C.; JS C� — r/ sc:2- Notice is hereby given that sealed bins will be received by the City of Huntington Beach at the office of the City Clerk at City Hall. 2000 Main Street, Huntington Beach. California. rmtil the hour of IF):00 a.m, orl February 21, 1989, at which time then will be apened publicly and read aloud rn the Council hambers or the Davenport [-)rive Sidewalk Irnprnvements in the City ni `iuntington Reach. H Set of plans, specifications, and other contract documents may be obtainers on February 7, 1989 at the Denartment of Public Works, 2000 Main Street. Huntington Beach, C-)nfornia. upon receipt ni a rn_m-refundable fee of $10.00. Each hid shall be made on the Proposal Form and in the manner provided in the contract d.)c-umenis, jnd shall be accompanied by a certifiea or cashier's check or a bid hand for nr;•, ;cos than 10 of the amount of the bid, made payable to the City of Huntinnton Reach. I he Contractor shall. in the performance of the work and improvements. conform to the Labor Code of the State of California and other laws of the State of California applicable therein, with the exception only of such variations that may be required under the special stNtut(>s f)ursuant to which procr-edings hereunder are taken and which have not heen Superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall he consirlerPd unless it is made on a form furnished by the City of Huntington Beaer) and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and 'also prequalified as required by law. The City Council of the Citv of Huntington Beach reserves the right to reject any or all 1) i ds. By order of the City COLincil of the City of Huntington Beach, California the 6th of Frbrua�H9. Connie Brockway _ City Clerk of the City of Huntington Beach 2000 plain Street (714) 536-5431 1928g/4 REQUEP FOR CITY COUNCPACTION Date January 17, 1989 Submitted to: Honorable Mayor anti r,ity Council AppROYED By CITY COUNCIL Submitted by: Paul C. Cook. City Administrator �`�" ;2 — � 19 �• Prepared by:.£ Louis F. Sancinval. Director of Public 'Norks �L- � CIT Subject: DAVENPORT DRIVE PARKWAY IMPROVE`-NTS; CC-752 Consistent with Council Policy? N Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: 1 K STA'TErVENT OF ISSUE: Staff has completed plans and specifications for the parkway IMproverrients along Davenport drive From r-ourtney Lane to Haruna Lane (approximately 112 mile). RECOMMENDATION: Approve the plans and specifications for said -HTiprnvements and authorize the [director of Public •Norks to solicit bids for construction. ANALYSIS: The cxistinrl parkways along both sides of Davenport Drive, between Courtney and Garuna need to he further improved. Present improvements include ice -plant, exposp d native soil and treys. Staff has reviewed them parkway improvements and recommends that they he reonnved and replaced with sidewalk and standard oarkwav tree plantings. This will reduce parkway maintenance and beautify the area. Plans and specifirations for these imnrovernents are rarTrnlPte: therefore, the Director of Public ',`arks requests apprnval of these documents and the authorization to solicit bids. Pie environmental impact of these improvements has beF n deter-rnined tn-be catecloricafiv exempt per Exhihit. "A". FUNDING SOURCE: Project furTds of $95,000.00 are budgeted in Fiscal Account 74752 (i.e. Davenport side)Nalk). ALTERNATIVE ACTION: Deny approval of the recommended actions and thereby forego or belay the project. ATTACHMENTS: 1. Project Location Nlap 2. Exhibit A Pi-C:i_FS:I_ T:rdw Prlo d* 3g/8 Got fiv tz a 9z Mur 3i_313 A1r3 ti- 1 1 ` ► LI ` \ Mvkm JUURTNEY LANE PROJECT LOCA rloN MA P NOnCE OF F_XE rlPTiON TO: ,._.. Office of Planning and Research FROM: (Public Agency) 1400 Tenth Street, - Room 121 Sacrarnento, CA 95914 City of HmLjn tton Beach, Ch County Clerk County of Oxwige D,4ye7,_ai; Lx_ — Project Title ,4 Project Location- pecif is Project Location -City Project Location-C.,ounty ir7�,✓,�ioN f7c,- Description of Nature, Purpose, and Beneficiaries of Project -4 1,n ekes : Name of Public Agency Approving Project i 7� Name of Person or Agency Carrying C►ut Protect ExemptStatus: ICheck One Ministerial (Sec. 15073) Declared Emergency (Sec. 15071 (a)) Emergency Project (Sec. 15071 W and W) Categorical Exeription. State type and section number. _ J , easons why project is exempt: �—� Z1� —d5 �Ke e�—<I6 7 Contact 4Person Area Code Telephone Ertensicn If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption beers `Bled by the public agency approving the project? Yet No Date Recelved for Filing �J f AZ;14 Revised 3anuary 1995 :..tnor.-ea to PuoltSn Advertisements of ail ktr., .ncluding public •Micas by Decree of the Suoertor Court of Orange County, 5;d,-tornia. Number A-6214, dated 29 Seotember. 1961. and 1•:A831. datea I June. 1M. S 7 ATE OF CALIFORNIA County of Orange Public Notice •avenu�ng covered by Clue entdevn .f 3e5 .n i "ns mtn to Dice column .ndtn I am a Citizen of the United States and a resident of ;he County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the IvE'NS-PRESS, a newspaper of general circulation, sprinted and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of I nMi t inner '.RJ rs of *hfch copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach. Huntington Beach. Fountain Valley, Irvine, the South Coast communities and Laguna Beacn issues of said newspaper for three -onsecutive weeks to wit the issue(s) of February 9 198 9 February 16 198 9 February 20 198 9 . 198 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on Feb.ruary 20 9 ,198_. at Costa M a, Callf4au a. re Huntington Beach. A set of plans, specifi- cations, and other contract documents may be obtained . on February 7, 1989 at the Department of Public Works, 2000 Main Street, Huntington Beach, Cali- fornia, upon receipt of a non-refundable fee of Each bid shall be made on the Proposal Form and In the manner provided in the ,contract documents, and shall be accompanied by a certified or cashier's check !or a bid bond for not less -than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, In the performance of the work and Improvements, conform to the Labor Code of the State of California and other laws of the State of Cali- fornia applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are -taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the . manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made In accordance with the provisions of the proposal requirements. Each bidder must be. licensed and also pre-, qualified as required, by law.' The City Council of the 'City of Huntington Beach re- serves the right to reject any or all bids. - By order of the City Coun- cil of the City of Huntington Beach, California the 6th of February 1989. PUBLIC NOTICE Connie Brockway, City Clerk of the City of Hunt - NOTICE ington Beach INVITING Published Orange Coast BIDS Daily Pilot February 9, 16, Notice is hereby given that 20, 1989 sealed bids will be received , Th-283 by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 10:00 a.m. on Febru-, ary 21, 1989, at which time i they will be opened publicly, and read aloud In the Coun- cil Chambers for the Daven-; port Drive Sidewalk Im- provements In the City of (I 14>>N: 0.7 S CID PROPOSAL FROM f .---------- Fsmu Narrw To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the DAVENPORT DRIVE. SIDEMALK IMPROVEME"`: IS; CC-752 Construction consists of tree, street sign pole and irrigation removals with excavation to accommodate 4" thick sidewalk and the planting of 24" box palm tr,2es with treewells, raising to grade water meter boxes, water valve r„, and eci=or. p;:11 boxe.=. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all ;nridFntal world necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Wu;ks, City of Huntington Beach, California, I propose and agree to taire full payment therefore at the following unit prices, to wit: JTC.7 .2FP- :iJ.: air ITEM! WITH UNIT PR-CE � UAi�T TOTAL NO QUANTITY WRITTEN rN WORDS PRICE Tree removals at nn ,�,, (� 1. 20 eachoff ACV �\� each. Excavation at 2. 225 C.Y. SAX I �� So — -CsF*j � --- C.Y. F�7 Rerrxeve and Replace sidewalk at 3. 726 S.F.��.�� S.F. 1 Construct Sidewalk at 4. 15,750 S.F.ar�>✓- 1 ld��C�,1 � L U�s y I Construct Treewell at j 5. 71 eac SCfJ i r O i each.�- --- -� P-.1 9 , , ITEM N0. A►PAOXMATE QAJAJrT1TY ITEM WITH UNIT PRICE wRiTTEN IN WOR� UNIT PRICE � TOTAL ` E Plant 24" Box Palm Tree at 6. 37 each �.�� �-.1`/kc� d S t`-�tti� _ a o\`uk ea.-h. Remove street sign pole at ?. 13 each each. Cat and cap irrigation lines 8. Ll ,p Sum lat E `Q ,fie �o\\� O a 1 oc) Lum p SL1.r. RAISE.TO GRADE Water meter box at 9. 2 each, each. Flo. Water Valve Can at 1 each C)o� each. i Edison Pull Box at 11. 5 each -T-..J D 4,) &CU 1 each. I TOTAL A4OUNT IN WORDS: AMOUNT IN FIG,UR S r� Ov1 � SQL S 1.,b11� s Lo It is understood and agreed that the approxi:rate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less than those shown harein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 30 calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the con- tract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of narterials to be furnished, and as to the req menu f the proposal, plans, specifications, and the contract. Accompanying this proposal is 1 ,'P d` c ($ NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at host 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fait to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contrast documents of the City, with surety satisfactory to the City within 10 days after the bidder has received writtars notice of the award of the contract; otherwise said security doll be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. _�R S9 % 9 Business Address _P O . Q vXy -4- Race of Residence -\.J t"i vA iZVC %r C a� Dated this-aA %day of -F-e .lo .1989 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature 0 • PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information. Additional sheets may be attached If necessary, i I. Firm Name: e r~ s 2. Address: P[� 1L_��`� �1P�s�t,,��— C- 3. Telephone: J{L4 -t�a 4. Type of firm —individual, partnership, or corporation: [Lynflro�,�>,ri 5. Corporation organized under the laws of the State of: C,.C.>—_ b. Contractor's License Number: 35C7(0 C� \e-. lot_ 7. List the names and address of a1 m mbers f the rm or names and titles of all officers of the corporation: �G�+� 8. Number of years experience as a contractor In construction work: jQ] yl,Q�� _ 9. List at least six projects completed as of recent date: CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED NAME, ADDRESS & PHONE NUMBER OF OWNER 10. List: the name of the erson who Inspected the site of the proposed work for your Date of Inspection: 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other Information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P_11 DESIGNATION OF SUBCONTRACTOR In compliance with the "Subletting and Subcontracting Fair Practices Act' being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor In or about the construction of the work or improvement In an amount In excess of one—half (112) of one percent (1%) of the prime contractorls total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated In the original bid shall only be permitted In cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION OF WORK SUBCONTRACTORIS NAME AND ADDRESS STATE LICENSE NUMBER CLASS j By submission of this proposal, the contractor certifies- 11 That he is able to and will perform the balance of all work which Is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub —contracts entered into and bonds furnished by subcontractor for this project. P—S To Lhe r 0"' „r .:r1 J i Sf 'tr1,5 j)ir;i r;r iI7� ,r?,I^r5i1 ,:1 0 ;-i;Ilr,rl a l)I(I 1,)r I)r'r1(17;1?;1 W f,)Iif)ronL.,:i, I C) fir: C0rr)DcILLivc t)f[i ] sup h ct)nLra:-t. ItsCrillt- rd nn:{ nvjnrs) I r? i,l: fore :,,r, CL4--- -Kv �2Natac±i)k)li in zsr.c! Noy Corn1 11 s,'Ion rXr)irC', OFFICIAL SEAL KAY•E ANMSON NOTARY PUBLIC • CALiFORfl;A s" ORANGE COUNTY M7 mmm. expires SEP 27, 1991 c1.1y r- 6 e BEST 'INCORPORATED PROJECT LICENSE #359622 P.O BOX 874 WESTMINSTER, CA 92684 PH 7 14-892-5583 Client Completion Date Amount Allev Improvements City of Anaheim 7-96 359,059.00 Olive Street City of Anaheim 7-86 47,356.00 Sidewalks City of Brea 8-86 18,466.00 Sidewalks City of Fountain Valley 2-86 13,591.00 Alleys P.C.C. City of Anaheim 8-86 29,478.00 Alleys P.C.C. City of Downey 8-86 133,203.00 Fire Station County of Orange 9-86 4,949.00 Curbs Mendoza Contracting 9-86 19,000.00 Xnox Street L.A.C.R.D. 9--86 80,560.00 Fars. Loc. Street Imp. City of '-?estminster 12-86 245,501.00 Bus Deceleration Pads City of Glendale 4-87 328,262.00 �:esthaven Park Parking City of Carden Grove 3-87 33,920.00 Bolsa Avenue Imp. City of westminster 3-87 57,130.00 Santa Ana Street Imp. City of Anaheim 3--87 6,853.00 Lincoln Avenue City of Anaheim 3-87 108,000.00 Bond Avenue County of Orange 3-87 9,748.00 Mile square Park County of Orange 4-87 34,200.00 ,oval Oak Road City of Anaheim 4-87 71,134.00 Gallatin Road City of Downey 4-87 45,787.00 ?alleys p,C,C, City of Anaheim 5-87 136,094.00 Slauson & f4ulberry City of Whittier 7-87 205,957.00 Sidewalks City of Bell Gardens 6-87 18,364.00 Union High School Centinella UJI.S.D. 7-87 31,822.00 Corp. Yard parking Lot City of Montebello 7-87 83,257.00 S.ic:ewalks L.A,C.R.D. 9-87 30,840.00 Allevs D.C.C. City of Santa Ana 8-87 243,945.00 ,:estern Avenue City of Buena park 8-87 49,213.00 Allevs p,C.C. City of. Seal Beach 10-87 111,006.00 Springdale Avenue City of Westminster 12-87 188,663.00 Sidewalks County of Orange 10-87 40,620.00 Friends Ave. Sidewalks City of Whittier 12-87 11,836.00 Alleys p.C.C. City of Santa Ana 2-88 198,198.00 Various Parks Aka -Tani Landscape 2-88 16,160.00 Heliotrope Circle City of Maywood 4-88 50,412.00 Alleys p.C_C. City of Glendale 4-88 381,000.00 Corona Del Mar City of Newport Beach 6-88 125,251.00 Union ;sigh Schools Centinella U.11,S.D. 6-88 17,930.00 Sidewalks Citv of ,Ihittier 7-88 18,752.00 Channel Lining County Of Orange 8-88 57,834.00 Carbon Canvon Park County of Orange 8-88 9,185.00 Allevs p.C,C, City or Santa Ana 8-88 235,898.00 Yukon Avenue L.A,C.R.D. 9-88 57,733.00 Civic Center Sidewalks City of South Pasadena 9-88 56,421.00 Handicap Ramps City of Fountain Valley 11--88 13,863.00