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Home My WebLink AboutR J NOBLE COMPANY - 1990-08-01 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUN►iNG►ON/EEC" To ROB£RT J. FRANZ From ACCOUNTING & RECORDS Deputy City Administrator Subject 10% TENTION Date CC Z — fck The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed. Payment of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VIL ELLA Director of Finance I certify that no stop notices are on file on the su ject`contract this time. Date: LOUT F. SAN OVAL Public Works rector I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY City Clerk I certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer , 05743 "y �` WHEN RECORDED MAIL TO: 91 :013788 RECORDED IN OFFICIAL RECORDS • n OF ORANGE COUNTY.CALIFORNIA CITY OF HUNTINGTON BEACH I �:3�P• E r Office of the City Clerk �X�� _ ,C�: �, .��,'1J q1 JAN 101991 P. o. Box 190 C14 r =� Huntington Be�icli. Calif. 926AP NOTICE OF COMPLETION 04 Q'"-YS RECORDER NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to R. J. Noble Company, 15505 East Lincoln Ave. , Orange, CA 92666 who was the company thereon for doing the following work to-wit: resurfacing, median constructin and landscaping of Garfield Avenue between Magnolia Street and Flood Channel east of Persimmon, CC-739. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 7, 1991 That upon said contract the Chubb Group of Insurance Companies was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 8th day of January 1991 . City Clerk and ex-officio lerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-offlciro -- 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 8th day of January 19 91 , This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk and ex-officio C1 k Sec. 6103 and should be recorded of the City Council of the City Aree of charge. of Huntington Beach, California 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- 739 RESURFACING/MEDIAN CONSTRUCTION/LANDSCAPING /GARFIELD Pro]ect No. Tit e BETWEEN MAGNOLIA & FLOOD CHANNEL/PERSIMMON 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. R. J.-NOBLE COMPAN Signature and Title NEIL R. EVANS , SR. VICE PERSIDENT DECLARATION OF SATISFACTION OF CLAIMS I , R. J. NOBLE COMPANY , 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 CC-739 (GARFIELD BETWEEN and dated AUGUST 1 , 1990 MAGNOLIA & FLOOD CHANNEL/ PERSIMMON) 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 Eiled 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 ORANGE on this 9th day of JANUARY , 19 91 . (Sig ature of on ractor ) NEIL R. EVANS, SR. VICE PRESIDENT I have received Maintenance Bond for R. J. Noble Co. , Resurfacing/median construction/landscaping-Garfield btwn Magnolia & Flood Control Channel E/Persimmon (FV) , CC-739 on behalf of the Treasurer's Office. Dated I� CHUBB GROUP OF. INSURANCE COMPANIES FEDERAL INSURANCE COMPANY MAINTENANCE BOND Bond No 's? .'ss-i 1-ri(±-A Amount S 4446,024 .'M Know All Men By These Presents, T ha[ :vo. h. ':n1 I T: C0t`]I±AN (hereinafter caileo the Principa?), :as Principal. and ;^:: f+DERAL INSURANCE COMPANY, Warren. New Jersey. a corporation duly organizea under tilt laws of Iht: 0>1j1R? of Inc:iana. fhereinaiter callea the Surety), as Surety, are held and firmly Sound unio t r'i :, ' Ht;ra_'T1:--'rCX LLACH (hereinafter called the Obligee). '1 ,he Sum of '*i ';;:1= i:[It][iRl::? \1_1-IFTY Sr:{ TWENTY :'0;R Atli' 94/;o.)** Dolra-s iS •11.)6,0.,: . 4' I ;. for [hE? ,payment of which we. the said Principal and the said Surety. bind ourselves. our he rs. executors. aorrinislralors, successors ani assigns, jointly and severally. firmiy by these presents Sewed ..Ilh o,,r Meals ;1r1C, dated this I I`... clay Of .IANUAWi A D nrneleen h011cireri anc :11h:1:'1''i 01.117 WHFRFAS. tree sac Principat has heretofore ewered into a contract with said Obligee dated j r..Y 12 y fur +l'. lk:i[liil'AC'1NC;, C O'J.`�'I'IZ1;C_]'I:._. AND LANDSC AL-It.— OF %.!-A)TANS ON GARFT=r.-D A`.`k:r-PiF BF"T-.:ErA-i iL•'.:;[1G1,IA .`TR-1-:1' AND OCFCC-005 FAST OF P_.RS:XSaV0N STh ET 'ASff 01,r11R .C:'_ 739 and WHEREAS, the said Principal is required to guarantee the WORK / installed under said contract. against defects in materials or workmanship. which may cleve!op during the period (A' ONE YEAR FROM AC CEPTANC:" DATE 01' iti:'RI L l , 1991 . y Citx Attprney i (over) -.7F� A • S . 1 i NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period OF ONE YEAR FROM ACCEPTANCE DATE OF APRII, 1, 1991 or shall pay over, make good and reimburse to the said Obligee all loss and damage which said Obligee may sus- tain by reason of failure or default of said Principal so to do, then this obligation shall be null and void-, otherwise shall remain in full force and effect Et. J. NOBLE COMPANY _ ` Principal By: NEIL M EVA,NS , S - rICE PRESI )ENT FEpERA INSURAN CQ PANY BY: -- — — MICf AEL D. S•TONG ATTO Y Tt51:AC'11 J POWER OF ATTORNEY Know all Men by these Presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road. warren, New Jersey. an Indiana Corpora- lion. has constituted and appointed. and does hereby constitute and appoint Michael D. Stong, Michael A. Quigley and Carrie i.. Price of Ri,Verside , California--------------------------------•----------_____-_--___--_____------ each Its*.rue and lawful A'torney-Ir-pact to execute under Such designation In Its name and !o affix Its CorpOra.e sea'to an0 deliver for and on its behalf as surely lhereOn Or otherwise, bonds Of any Of :he following classes. lO-w;t 1 Bonds and Under,akings IOtner than Ba:1 BDndSi bled In any suit. matter or p•oceed!rig In any Court. or riled wi.h any Sherltl or Magistrate- for the doing or not oofng of ary'thing specffleo In such Bond or Undertak ng 2 Surety bonds to the United Stales of America o•any agency thereof. Including Inose reoulred Or permitted under me laws o•regulations relating to Customs Or Internal Revenue.License and Permit Bonds or other Indemnity bonds under;ne laws.Ordinances or regulations of any State City.Tows-Village,Boare or other body or organization.public or private.bands to Transoorla_Ion Companies Lost InsirLimere bonds. Lease bonds.workers Compensation bonds Miscellaneous Surety bonds and Donds on behalf of NOta Ies Pubtic_ SherMs. Deputy Sheriffs and sfmfla' puollc officials 3 Bonds or behalf of contractors In connect,On wdh bids. p•Ooosals or contracts In WlfneaS whereof me sa.i FEDERAL INSURANCE COMPANY has ,x%va,1:!S 15 R-y caws case]:r eSe,-.rosenis tc C!signed to. its v.ce D.eS.tew ann ASs.9dn1 Sec-sfar:and-is co-porace sea. lu Lw hefelo art'.e::II-S S t oar cf NJ V 1990 Ccrpn,ale Sea NSIIRAh�F W FEDERAL INSURANCE COMPANY nn Y,C!Prff,tler[ ASSiltan1 Secrenry STATF OF NEW JERSEY 1 J[) SS County OI Some.Set On!f:s f 5 L sac o' Ma i' 'S .Derore n-•�{� pers0.'la Iv C7hfe R.Cr.ar.Do GnnnO-:O me.rw.,n dr'd'q mr k no•.n IC he Ass slant Swcre'ary of the FEDERAL INSURANCE COMPANY Ine Corporsl on desc,bed ar arj wr Ch exec J'-so Ine ro-eqZ, 9 Pfine,O!Ano'ner and the sal]R-Cna,d D 0 Connor De,ng by'ne zily 5 o-n r aepese and Sdv ma'ne,3 Assistant Seue:ary of:he FEUERAL INSURANCE COMPANY and+nowt':ne Corporate seal inere0'-traf ine seal ar,•e''d the Iorego,rg Pcwor of Alfoiney,s Stitt.co-poste seal ar0 wad inewc:ah,xeC Dy aulnor-ry of Ine dyiVwS Of sa.d Compar,r ann ma:ne s gnea s"Fny..er 0!Ah0,he,as Ass sum 5e<rela•y c1 Sa,C Company a'like aurna•ny-an.mal hers acqua,nleg w,u-•tames 0 O.or aw maws him io be the Vice Pres,rlenl of said Compan, anC Ihal m0 s gnaiure of said Ja—*S U Dixon S�DScr�xe 10 sa4 znwe'CO A![nrney-S,h the gent,ne nandwr,t ng OI$a C_.ages D ,-xon ant+ray Yle•elo h-,aumo•,:y 01 Sd,C By Lals and in Oedonenl s Dresence r.Drar. at Q�11 ��•+' - Arknowladge=and belote me V } HQTARY -_ l or.the ease a,,we wr.nern PUFSIK- e %__ NtY.ary P�^r ~FW JEtiS�� ULLI CERTIFICATION Notary t P c. sla • of Now Jersey No 2066518 STATE NEW,JERSEY Ss COInfnilliOn Expires Octotler 2. 199A Cc�nry _' Soryle:see I line unoers,net ASs stall Secrecar-,of the FEDERAL INSURANCE COMPANY d0 nereby te:','y Ina:Ine t011pwny,s a e,ue exCe-pl!--om the Br .Lahr.;,:Ine sa,_Cu-ran,as adapled 7N Road o!0-rs•_-or1 k._._.,, 199:3.._'r%X!n,S 2,La.. s ,,.:o':e and erred ArrrICLE xV1I Section 7 All rk-Kds undartak GCS ConPac!s all other,nsun.'nen!S dine'Thar as aba'e to,arC on belal'0'Ine Co^Aany which n,s autn-wild by law 0'.15 Cha•le'10 exeCute may and anal;be e.eCdred ,r Ine name and or Denali 0'!ne Company e.lne•by the Cr-airman O•the V,Co Chairman O'Ine P!e5,denl 0 a Vice Pies,aar,: lo,nl!y wcn Ine Sec,ewi Cr an ASSlslant SeClelary.under their respen.e ceslgnal.ans e.Cepi chat any one or^are Dh.rers Or alloinPys,r 1aC1 aes,gnafed,r any rasolul,or.CI Ine Basic of Di'ePntS Or the E.ecut,,,e COmMaiee a'In ary Power at Wl_rney executed as prO.Cled for,n Section 3 bel0w may execule an, such bond unceria.,ng or 0111e1 DDl,ganon as prO..ded,n sucn resNu!,On 0•power 0'a[Idlney se(liOn 3 AS OO..e'3 d er.01ney to and or"Na I[A Ine CDmpartr ma-r and snail oe e.eculld y,i"narse*Von berall 0,[rid Combarly e.;he•by Ine Chairman o,tie V.ce C.4b,i an a tie PreS,dem Ot a Vc@ Pnas+denl O'an AsarslaN..Vic!Pres'aen' ldn4ty.nth Ike Secre:flry of an ASsr$ianl Secretary under Ine,respeMrve Oas,gryt,ons Tole signature d such 0!f.Ce's may bo org-a ed pi-IeC Or hihograpryea Tie sgna:ure of each of Ins Ipllpw,ng or.,CerS Cna,lmsn V,Ce Cne,:man Pies,rlenr any Y.ce Pres,oen:-any Ass.sian:Vice Presdent.any Secretary-any ASs,starz secretary and me sea.of:re COmPanr.may De a!h.ed by lacs.M is 10 any po-e,of an Orley or io any cen,r.C&,e re4XL g!nerg*a.W7p ..,ng ASs,s•an:Secierar`as Or MorrwpA- •Fact fat pufPWes Onh Of Ox9cu[Ing and anesn'tg bonds ant uneer3%ings ara o1.'+er wnhngS o0kgat"rt Me nature the,eu'-and any such power or ahorney O'cen•I,Cata bsar.ng Stfcn facsimile signalure 0r Iacs,m,le seal shall be valid ant b,na:ng upon the Company and any wen power So exeCu:eO and Ceal,fNd by Such ISCs mile s.gna!Vre and laCS.^i.w seal mall De v31,0 and b-nd,ng upon Ito Company wan lespeCt to airy bow or underta•Ing!0 wh.Ch,t is a!lached I!v.+dI Canty!n_:said FEDERAL INSURANCE COMPANY.s duly Icensea to uansa i Loamy and weary Miness,n eacn 01 Me Slates or!"United Stales or Ame'.CA.O1SfI1n of CNumb M Puerto Ricci and aa.'+of Ilsa P,o..nces of C anetla w.i n I ne e.c epron o Pr,nce E owa,t ISJar,c end,s also a W y LCenw io Dectf-e sots s V:etY Dn bows.undarta,r,ngs.VIC-perrrt./led a redu,re0 by taw 1.the 4ndars,gned Assistant Secretary or FEDERAL INSURANCE COMPANY.do het"COn,y tnal It%s lorego,ng Power of Anornsy rs in lull lotto ant]&HOCI Gr.enunaerrrryhanoandtneaeatorsa.d Cdapanyerwarrer.N:.ms I1TF day of JANIJARY tb 91 Capon S ANC.f s r ASaluant SgCratary O � W +> W � Y i �aIAN� aRINrfO 10 et'A 901 GE NE PA; Vsa (00 0. s 0 REQUEST FOR CITY COUNCIL ACT Date January 7, 1991 Submitted to: APPROVED BY CITY COUNCF, Honorable Mayor and City Council Submitted by: K11 / ~ iy-U Michael T. Uberuaga, City Administrator Prepared by: ,,�p � ---_--- � F"'I_ouis F. Sandoval, Director of Public Works ITY c1.FKK _ Subject: GARFIELD AVENUE BETWEEN MAGNOLIA STREET AND OCFCC—DOS; CC-739 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: R.J. Noble Company has completed the construction of street improvements on Garfield Avenue between Magnolia Street and the Orange County Flood Control Channel — DOS (OCFCC—DO5), east of Persimmon Street. RECOMMENDATION: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion. 2. Approve the total contract cost of $500,363.54. ANALYSIS: On June 18, 1990, the City Council awarded a contract to R.J. Noble Company to repair/overlay the street asphalt and construct and landscape street medians on Garfield Avenue. The construction of these improvements is now complete, per the approved plans/specifications and therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of contract costs: Council Approved Actual Ezmenditures Contract Amount: $541,526.75 $496,024.94* Construction Contingencies 50,000.00 3,960.00** Project "Incidentals" 15,000.00 378.60 TOTAL: $606,526.75 $500,363.54 * Final contract amount expended differs from budget because actual field quantities were less than estimated. ** Construction change order for the removal and replacement of two traffic signal pull boxes. PIo 5/85 i Garfield Ave. Btwn. Magnolia St. & OCFCC-DOS.; CC-739 January'7, 1991 Page 2 FUNDTNQ R E: Sufficient city gas tax funds were budgeted for the project in Account Number E-SF-PC-739-6-32-00 to cover construction costs, contingencies and project "incidentals". This wai a cooperative project by the City of Huntington Beach, the EMA/Arterial Highway Financing Program (AHFP) and City of Fountain Valley. The respective percent share of the total costs are 57%, 39% and 4% as determined by the pre-construction estimate. The cost breakdown is therefore: Total Construction Cost: $500,363.54 City of Huntington Beach at 57% $285,207.22 AHFP at 39% 195,141.78 City of Fountain Valley at 4% 20,014.54 $500,363.54 ALTERNATIVE ACTION: Not applicable ATTACHMENTS: Vicinity Map MTU:LFS:AAF:lb 2382g/1 & 2 y auEND►aEr+TS \ - CIRCULATION PLAN OF ARTERIAL ti STREETS AND HIGHWAYS ADOPTED BY Cm Mfr RESCI_UTICN N0 4368-C£C 12.1976 LEGEND- FREEWAY STREET CAPACrY i MAJOR ---45.000 I 1 PRIMARY_ _30.000 SECONDARY - 20.000 i S , NOTE 50.50 LLMES wXhlE Ex%$TNC A,lml Cif war +.or MECESyutT Lf TwarE RtrMT VF AT OASAEO LIMES HXATE AR1LS WVIERE W AKj/f OF 7w4T ExfSTS / � C,, •ram—�. ----i- --�— --1 — CITY UC QbwrAlt-i -fin. L rl - �� r II E( � - I Ifs LacP.TtC�.� CITY OF lti HUNTINGTON BEACH ORANGE COUNTY CALIFO.RNIA (:iARISELD AVE . BETWEEN MAc�NC)L- N ocFc-(--Do-rD- CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK \rrr;ust 1 , 199Q " K. J. Noble Company 15505 East Lincoln Ave. Orange, CA 92666 flan; '.-ruction of Resurfacing/meui.an construction/ landscaping/ Garfield btn Magnolia & Flood Channel/Persimmon PlR-,MCI' CC-139 ^rrC1w.ed Is d Copy Of the eXec:uted c-ontralct with he City of `'clntir:Cton Beach , a Declaration of Sutisfacrj,,n of (- la; ns and a Certificate of C:;i:lpiiance form. fhf° :)Ccidr�,tiorl u` 5,_' I iaction of ClaimS anal the �.t r T I Icate o Cc-I-.pI ia�ic.e iorrl VU;_ 1 f5-- ;<'_T-J.RNLD To (if-F_ICL .AF�TER l'i-F P'?() '_C l ; Cf)r1`r F i LC i?i�( :'I'r:)R 10 IF RLLL:�SI OF Rf. f( NTI?1Id FU jbL - -- ir; addt tiur. , the tollowinc, Item 411r15t alw be. on file , w!T-h this c f lc,c I eh_;rp Uric City Corn rf'.lf,i e any retention funds : R warranty bond g1jaranter 1 nq the f i r:a I _�r;burl- of work and E! 3i,¢?I'1r11S far bond floe`.; Tlot i'iCLILIJ(? SpeClflc r'iQTCllarI f()r" a orie year warraii..y , 'hen :1 r-�(ICr or seoaT—ilte ;sorsd r:nrst be .,.+oc;i itU,c:. Should you have any ({Ilestion,', or Conllprnc, rep-ring the nclosE,ros or- 5,em% that must to or, `ile in this c,,tf ?:ce pri(o r to r?lease of r"e`.ertiCr, iEln(':S , �I eJSC Call [;;)rl 'lobl(? , `ontr C`_s Ad.-Nnlsirator, :QnlliC 13r0i:kh�ly i: ity Clerk B t Cash Contract fiec 11ratiorl of S�,tisf,lct.]or, W ,al:l:s ':F:rti fir,ato cif i:on�;:l iarrCf., iTsrsphons- 714-536-5227) I have received the Faithful Performance Bond and the Labor and Materials bond for R.J. -Noble Co. , Resurfacing,/Median construc/landscap�lLng_Garfield btn Magnolia & Flood Control Channel/Persimmon - CC-739 on behalf of the Treasurer's Office. Dated B y: ✓Y . CHUBB GROUP OF INSURANCE COMPANIES �. Executed in Duplicate CHUBB 15 r.tiL,•.rir. !, FEDERAL INSURANCE COMPANY PERFORMANCE BOND Bond No. 8128-61-86 Amount S 541 . 526. 75 Know All Men By These Presents, Thal .,e. R. J. NOBLE COMPANY (^ereinufter called the P,inctpat), as Pr,r.cipal. and ;tic FEDERAL INSURANCE_ COMPANY. Warren, Nev.,Jersey. a corperation duly organized under ;he laws c,' the Sate of !ndiana. (hereinafter called the Surety). as Surety, a'e held and `irmly bound un'o CT_'Y CF i-1UN-T1 N(,TON BEACH (hereinafter called the Obligee). I .fl the Sum cf rl:'E :TUNDRED 1-'oR'T'Y ot:F T;iOUSAND FIVE NUN:_,RF.D T'vF,NTY SIX AND 75/IOQ----- r ---------_----------------------------------------------------------------------- ollars tS 5•11, 526. -1 ; ), for .he payment o! .-Anicn vie, the said Principal and the said Surety. Din,d ourselves, cu., reirs. executors, administrators, successors and ass:yns, joirtly and severa:ly, `irmly by these presents Sewed :pith our seals and dared th's 12T1i cay of J1-1L- 1990 VVHF—REAS. the Principal entered into a certain Conirac? vwilh the Obligee, dated jU.,Y 12., . 1990 'or REPAIRIN,, R SURFACING, CONS':`R;;CT1ON AND LANDSCAPIT:G OF 11EDIANS ON GA[[MELD AVENUE iiE="r:i"EC: Ptr':r,+rJi�IA STREET AND CC=CC-DO5 ?AST OF STREET CC-739 � 1 1 in accordance w-' . '.he terns and conditions of Said Contract, which is herebv referred to and made a part hereof as :f 'tally set forth nere,n NOV-, THEREFORE. THE CONDITION OF THIS OBLIGAT ION IS SUCH, that if the above bounden Principal shall well and truly keep, co and perform each and every, all and singular, the matters and things ?n said Contract set 'o;tl) and spec,tied to be by said Principal kept. done and performed, at the times and in the manner in said Con- 'ract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage +v�--ich said Obligee may susta;n by reason of fa-!ure or defau't on the part of said Principal so to do. then this obligation shall be null and vo-o, otherwise shall remain in full force and ef`ect, subject, however, to the following conditions- APPROVED AS TO FORM:1 GAY?, CITY BY: De;�.Jty C.lty Attorn S y7 Dm- f�c� as (Ovn;) ih;K 535 s•n POWER SAFFCO INSURANCE COMPANY OF AMERICA OF ATTORNEY ti01 SETI_E.LE. SAFECO PLAZA SEATT VJASHIN(;TON 98185 sAFEco No _ 6843 _ KNOW ALL BY THESE PRESENTS That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint --E. S. AI,BRECHT, JR. , Pasadena, California-------------------- its true, and lawful attorney(s)-in-fac2. U'Vith full authority icy ?xeCOW On behalf of the company fidelity and surety bonds or undertakings and other documents o' a similar character Issued by the company in the course of itS business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as It mach instrurT,ents had been duly executed by its regularly elected officers at Its home office IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents X.`3 , 19 .Y [his— .. 2r�L}1 ---day of — ---� 9-- CERTIFICATE Extract from the By Laws of SAFECO INSURANCE COMPANY OF AMERICA- '"Arucfe V, Section 13 . FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-In fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents o+ similar character Issued by the company In the Course of Its business On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile On any Instrument conferring such authority or on any bond or undertaking of the company, the seal.Or a facsimile thereof. may be Impressed or affixed or In any other manner reproduced, provided" however. that the seal shall not be necessary to the vapidity of any Such instrument or undertaking "- Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970 -On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (0 The provisions of Article V. Section 13 of the By-Laws, and (ir) A copy of the power-of-attorney appointment. executed pursuant thereto. and (m) CcrLifying that said power-of-attorney appointment Is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof 1" Boh A Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto. are true and correct. and that both the. By-Laws"the Resolution and the Power of Attorney are still In full force and effect IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said Corporation 18th ,Tu I v 90 this _ day of _.._ —. 19 ... APPROVED AS TO FORM.- GAIT, HUTTON C I T'� A-T-OE?N ,Y 13y DenutY C 1 -y Attorney ?IiI-JT41j CHUBB GROUP OF INSURANCE COMPANIES L:xecutcd in DuI: Jcar(� CCHUBB IJ ?aol '1�..:11 _ . (. iV r'.'.'i(•'i 1:: :- Ci G1; FEDERAL INSURANCE COMPANY PAYMENT BOND Bond No. 8128-61-86 Amount S 541,526.75 Know All Men By These Presents, APf RO"7ED AS TO FORM:I That we, R. J. 140BLIL CO:.?- ANY CAIL MIT-1017 CITY I N By: Deputy Ci ty Attornoy (hereinafter called the Principal). as Principal, and the FEDERAL INSURANCE COMPANY. Warren, New Jersey, a corporation duly organized under the laws of the Sate of Indiana. (hereinafter called the Surety). as Surety, are held and firmly bound unto CITY OF HU'NTCN 70N ]TEACH (hereinrfter called the Obligee), 1 in the penal sum of FIVE HFJNDRED FORTY ONE THOUSAND FIVE IIUNOtRED Tt•:ENTY SIX AND 75/100--- -------------------'-------------------------------------- -Dollars (S 541, 52G. 75 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors- adrninistrators, successors and assigns, jointly and severa;ly, firmly by these presents. WHEREAS. the Principal entered in:o a certain Contract with the Obligee, dated JUI,Y 12 , 1990 `cr REPAIRTNG, R=SURFACIN;, CONSTRUCTION A`:D LANDSCAPING OF MEDIANS ON GAZi-IELD AVF.NU:: 13E:Tt4EE:N PIRG ]OLIA STREF'" AND 0CFCC-DO5 EAST OF PERSIMMON S'iREF.T CC-739 in accordance :vith the terms and conciho�s of said Contract, which is hereby referred to and made a part hereof -is if fully set forth herein. NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. that if the Principal shall pay all lawful claims of sub-contractors, materialmen, or laborers for labor performed or materials furnished directly to the Prin- 0 cipal, in the performance of said Contract, we agreeing that this bond shall be for the benefit of any subcontractor. materialmen or laborer having a just claim, then this obligation shall be void: otherwise to remain in full force and effect, subject, however ;a the following condition- No suit or action shall be commenced hereunder by any claimant: a) After the expiration of one (1) year following the date on which Principal ceased work on said Contract. it being understood. however, that if any [imitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limilation permitted by such law. 'tc F„•m 1 r.:C-r"iA c 96) (over) v oiw, L s POWER OF ATTORNEY Know all Men by these Presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain view Road. Warren, New .jersey. an Indiana Corpora- tion. has constituted and appointed. and does hereby constitute and appoint Michael D. Stong, Michael A. Quigley and Carrie L. Price of Riverside, California------------------------------------------ _ each its true and lawful Attorney-In-Fact to execute under such designation. In its name and to affix Its Corporate seal to and deliver for and on Its Dehalf as surety tnereon or otherwise, bonds of any of the following Classes. to-wit 1_ Bonds and Undertakings(other than Bail Bonds)tiled in any suit, matter or proceeding in any Court,or tiled with any Sheriff or Magistrate,for the doing or not doing of anything specified In such Bond or Undertaking 2 Surety bonds to the United States of America or any agency thereof. Including those required or permitted under the laws or regulations refaling.o Customs or Internal Revenue_License and Permit Bonds or other Indemnity bonds under the laws•ordinances or regulations of any State.City.Town.Village.Board or other body or organization,public or private.bonds to Transportation Companies. Lost Instrument bonds. Lease bonds.Workers'Compensation bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public. Sheriffs. Deputy Sheriffs and similar public officials 3 Bonos on behalf of contractors in connection with bids• proposals or contracts In Wltneaa Whereof the sad FEDERAL INSURANCE COMPANY has pufsuan':D-IS By Laws.caused these presen[S to be signed Cw as Vice Pgsdenl and ASSislart Secrelary and is CcrpWale seal o be ne-eto ahixed this 1 S t day of May 1990 cwporale Seal �sURAdV Ar FEDERAL INSURANCE COMPANY W b 1 1 By Cpn of Vice President AnAst/nt Serre[ary STATE OF NEW JERSEY County of Somerset SS On:r.1 1 S t day CI May 19 go .galore POMOV Alry;ame A.Cnald D O COnnot 10 me known and ty -e knOw Ic oe Ass:sleril Secretary of the FEDERAL INSURANCE COMPANY Ine Corpota:.Dn cescribad in and whrth executed:..+e Iorego.ng Power of Attorney.And[no Laic Richard D O Connor bein e I sworn tl4 s rY g.'yY m Du y depose and sav Ihal M� Assistant Satiate d the FEDERAL INSURANCE COMPANY and cnow7 the c0'Dorafa seal Inereo'.tha'ins seal e'fi,ed to the Wegcitng Power or Attorney.s such colawato seal an was mofer0 afliked by au[holily at the Br LawS of sad Comparry and that:he signed sad Pktwitr Of Acgrnev as ASSgIa'ii Secretary Or said Company by hie aulMrily and that hers acoua.n[od w In James D Dixon and aq.S h m io be Ine vice Pres•Oonr of said Comoahy and that the srtlnaldre 01 Laic]James D Dixon sun LcriDec]!O said Power 01 Attorney is in tine genuine iAnownnng d said Jaynes D Dr.or an7 was lheief0 s.+bscriDet by aafhOrify 01 said BYLdws and in deponents Dresence Nolan aT Z p41'`• Acknw-le0ged anc Swo-to twcre me �v MpTARy `1 on tree dare abate wrme'1 / PUBLK" hatary PuDiic N)COLETTF T_ PASCUL0 yFW��Rt' CERTIFICATION Notary Public. State of New Jersey N 206 STATE OF NEW JERSEY SS Commission Ex October October 2, 1994 County of Somerset I-the unders•gnea.Assistant Secretary of the FEDERAL INSURANCE COMPANY.0O nereyy certify that the kAlowing is a[rue e•celpt from the By Laws 01[11e said Company as acopted by•ls B:,aro b!D.'eclofs on March 2. f990 and that this By-L w is in't.li tore and eMACI "ARTICLE xvlil Section 2 All bonds undsroxings COnitalcn and other rislrumont,Othat!ha.n as abO"e to-and or.behalf or the Company wniCn'!is aV[h01i/ec y'law or.19 Charter to exocure may and SnAll be OxOCulOd in the nama and on behalf Of the Company either by the Cnaiiman of the vice Chairma.,or the PeOS4om or a Vice ProlSden:-nin[ly with ine SeCr Y.ar)or an Assistant Secretary_under their res POC`tW 0e11gn3110ns.exCOPI that any one or more Oil iCers or o[tornevs-in-tacl UOS.9n411e0 11 any lesOlul`or.0 line Board of Dirov.m Ot the Exaculny Comminee Cf in any powv'of attorney axecui&o as prwded Ivy in Sect-On 3 belpw,may eseCJte any Such bond 4rWenaking Of other obl.golt0r.As provided n ouch tes Olvlydn Or power o'allo'ney SeCtrM 1 All powers of artonnory Wand on bertalf or the Compa'ry may And shall be exeeuled ir.lNe name and On benAll d the Compare oilhar by:h1 Cnamnan Dt 1.ne VCa Cnairman of lrx ProSde.m Ora Vida Prtasr0em Of an Assistant Vice Presrdenl,pinny with trb Secretary 0,an ASSislam Secretary_under their reSPOO ve desgnardrta The sgnatufe o'such Dn{erS may be ongraraa.printed O'k[fldgfaphed The signature of eKh of the lolbw'ng Mfic ets Chairman.Vice Chairman-Festoon[ eye Vic*Prosdenl any AS33Unl V"PreS%derA Any Secretary.any Assistant Sec'eia'y and the seal Of the Company may be a'fixe0 by lacsime-010 Any powef of Attorney Or 10 Any CMilrcale rllalrng rharet0 appomming Assrslani Sac+eurles of Attornsyrtr.Focl IlDt purposes only of&x9cv:i y and ottest.rlg bonds aria undertakings and dryer wrargs obhg dry in tfw nature [hereof.and any Such power of anOrney or Cer..hcate bearing such 1eCeimae Signalvta Or facSirtiae se Al shall be irald and b-nding upon the COrMpary&red any Such power so eaeCuled and Candied try euCh IaCS"de signature and t&CS'm"seal shall 0e+valid end binding upon[no,Company with respecs l0 Any bond Or undertaking 10 which it is attaCMO'- I lunher Ceriy ihAi said FEDERAL INSURANCE COMPANY rs duly licensed 10 tranUC:fidelity end surety Dusiness n OACn Of the States of the Untied Slates Ol A^lerrca_District of Coli,m4ya_Puerto Rico_and each Of[he PlOvrrlCes Of Canatla wan the exception 01 Prince EOwala[siantl_And is also duty hCansetl 10 become sole surely On bonds.undo naungs.sic.perrhine0 or required by law I the vndesg ed Assisanf Secretary of FEDERAL INSURANCE COMPANY,do herreeby cenity Ina!the bfeWing Power of Ailorney is in full fo•ce a-ld erfect Gnton undel my nand anc]the seal of seta Companv ai Warren.N J.this 1 2`H day of iJ ULY -t9 90 COrpor Ut(). 90) ' A081VAM Secretary WFNE FtAL u$A i CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R.J. NOBLE COMPANY FOR THE RECONSTRUCTION OF GARFIELD AVENUE (CC-739) TABLE OF CONTENTS # TITLE PAGE(S) 1 . . STATEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 & 3 SRECIFICATIONS 3 . COMPENSATION 3 & 4 4 . COMMENCEMENT OF PROJECT 4 5 . TIME OF THE ESSENCE 4 6 . CHANGES 5 7 . NOTICE TO PROCEED 5 8 . BONDS 6 9 . WARRAN.TIES 6 10 . INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 7 & 8 12 . DIFFERING SITE CONDITIONS 8 & 9 13 . VARIATIONS IN ESTIMATED QUANTITIES 9 & 10 14 . PROGRESS PAYMENTS 10 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 & 11 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18 . INDEMNIFICATION, EFENSF, HOLD HARMI ESS 11 & 12 19 . WORKERS' COMPENSATION INSURANCE 12 20 . INSURANCE 12 & 13 21 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 13 & 14 22 . DEFAULT ND TERMINATION 14 23 . DISPOSITION F PLANS ESTIMATES AND OTHER DQQVMEM 14 24 . NQN-ASSIGNABILITY 15 25 . CITY EMPLOYEES AND OFFICIALS 15 i TABLE OF CONTENTS TITLE PACK SI 26 . SIOP NQTICES: RECOVERY OF ADMINISTRATIVE COSTS 15 27 . IMMIGRATION 15 28 . NOTICES 16 29 . CAPTIONS 16 30 . EN�TIRETX 16 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND R.J. NOBLE COMPANY FOR THE RECONSTRUCTION OF GARFIELD AVENUE (CC-739) THIS AGREEMENT is made and entered into on this 1st day of August _`, 1990, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and R.J. NOBLE COMPANY, 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 reconstruction of Garfield Avenue 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: ACCEPTANgE QE RI5K CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by -1- C T CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s . ) 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; -2- D. The 1988 edition of Standard Snecif icatips fgr Public Works ConstruCtion, published by Builder ' s News, Inc . , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW, ") without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of FIVE HUNDRED FORTY-ONE -3- THOUSAND FIVE HUNDRED TWENTY-SIX DOLLARS AND SEVENTY-FIVE CENTS ($541, 526 . 75) , as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within two (2) months from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with 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 . -4- 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. 7 . N TI E TQ PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. -5- a . BONDS CONTRACTOR shall , prior to entering upon the performance 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. -6- 11 . LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth in 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 Dollars ($250 . 00) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth 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. 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, fare, 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 -7- 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 delays , irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents ; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily -S- 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 QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances , order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and -97 make such adjustment for extending the completion date as in its judgment the findings warrant. 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall -10- 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�$ATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION, DEFENSE, 1JOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all -11- costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder . CONTRACTOR shall maintain such workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident , each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability 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 -12- for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its -13- representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents , 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. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans , specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . -14- 24 . NON-ASSIGNABILI CONTRACTOR shall not sell , assign, transfer, convey or encumber this Agreement, or any part hereof , or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEEZi BLIUQFFICIALS 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 GovprnmentSections 1090 et seq. 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to withhold, or any similar legal document necessary to the prosecution of such action. Said obligation Shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One--Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 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 . 27 . IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall , in particular, comply with the provisions of 8 U.-S-.C, §1324a regarding employment verification. -15- 28. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in Section 1 hereinabove) or to CITY'S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows : TO CITY: TO CONTRACTOR: Louis F. Sandoval Mr. Neil R. Evans Director of Public Works Vice President CITY OF HUNTINGTON BEACH R.J. NOBLE COMPANY 2000 Main Street 15505 East Lincoln Avenue Huntington Beach, CA Orange, CA 92648 92666 29 . CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 30. ENTIRETY The foregoing represents the entire Agreement between the parties. 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. R.J. NOBLE COMPANY CITY OF HUNTINGTON BEACH a California corporation a municipal corporation of the St to of California By: :-- Neil Evans Mayor Its :Vice President -16- r By: �G y" � / J� Michel J. CCarver Its :Assistant Secretary ATTEST: APPROVED AS TO FORM: 4wi e:—nale, , City Clerk C}.ty Attorney REVIEWED AND APPROVED: INITIATED D APPROVED: ti Ad4m i n 1-s OP a t o r Direct I r 'of Public Works -17- 1;IL 1 _-, It_ _ 9:15- 1=✓=r-rr'1 t F'c,.,r'rr1 F=F1P ESN i= IN �. ! -c /�SlJl6lT!{uY/DCirrl r 13-JUL-1990 13 0 4 3 r yM I IRIS npTlclCnTE IS I»t!r! P AS A MA i•Tp'P CF RJFQ•PMAiN._?IV ON: '/ SNC COtu:fRS Cur-cork 8 $+sck ir.aursr+cs 5erv;Cct ':f]Gr1'•7',.,Ffl�J'HF'i.�'�`I,:�r4-c34CIfn=a Tln+_CERTr^°TFi•?ESrJr TawtR:r?. 70 South Ls1ce Avenue U- A1.!' THE :)vr,r G.;� art JUQEC; gr 7r+E 1'_; .L1E� ReLOw >Sesader+e cq 91101 f _ COMPANIES AFFORDING COVERAGE Isle) 798-3889 o,oaw= A rnetltute of London L1nderrrr1tere ---- Cor,tstt, Karl L- Jansen -- ---' - f CC'parrr ~yy Amer"n JrAvrnw1Ivm1 Group_. RJ. Nohle Carpany t. r waNr C Emirs 1nsummes Conwanv 156C5 f;�lr•Coln'j/1 ±En S7r9nga � � CA_;92866 Cyj4Fenr �_ _".- ---'- - - �-- ---'-'-' ----- -- " --- -- TF411S 1-, Tr0:EQ7rr; TNA1 7HE POLh:rEa OF IN3UPANIC-C LISTED BELOW HAvE•eE:FN 'SSUEL- TO THE INSVQQ NAMED ABC~vx POP THE POLICY�PEQIOP •^�rEp•ED �,._.,it•,�•��,,+�rA.QFJC ANVatrJVFPPAEr--T. TF_ZZ'A kr_'1NCIT7--NO� ai•:rCO'JfRarT00r�rFepp:1rYtJRiENT Wrf4P£�jPE;T r0WHtf,'N '�ilS r�c',T:C.:_aTF :!A'! PE ,SS.�'FI) CP MA'! PEPTaTJ• T14E IN PA :.FFQ4CSC: RY TH PDLr[:lE$ CIESCABGG ►'rFi2ft:r; M. SUB.>FvT iCr A!L THz TET11J5. ' AIJ^ 1,C!D'TIO:dS 0)- 5'JCr PQLICIES L1:;:T5 3Ht�gin: .a'; u,ti:'E 9EEI1 PEpi1f EL 8'' DAIG CLAMS - - T Mt Of OMPLAMM ��--- Ilmsev Ul111mv ! I L'Ar3TLllr L'M-'a N R vLm*.p" !.a� .+- �rOTlFrlOTIYt pQ�,pT pl/r11At1OH - -- ' -- -- '- - --._._ .---" _� oA1E. (vlr,ali•T, I �++�7l rYM/f.V r) _ OC[.�;..t °UC1kEO�lE IAEM WAr ifAFit fT1 Rx� W-S,Corwl roN I 1- x� OH 6 C:JIL ALYA A x ��^`�-1= �O�R±Trr %l��r'cY M111103404 101-3UL-1990 101-JVL-1991 1000 _ 1000 i x j APPROVED AS TO FORKv f _ ;-x 1 ar?ap :aau 1o�ru'' ("Awwx GAIL HUTTON I _)`_a.�k:r,,:.+; ,ti.• OZT_ -.,. .-;r:. .. �+°'� i 1000 AIJTOMOQ W LIAVR Wy - .:r.• .,•. _' I Deputy City Atto ey cLL 'JwW) OU'05(01`f-' ItiV ? I Il�r,". M.•I+yi I �oROFt°IY 1'C. I i d �y:•r*x 1" " �" 9E30b]t)33 01-JUL-1990 I D T�Jl1L-199 T `+':C;MW En!.1 ]AQOil1f b TO44 NI •r. 0 :.tar�� Lr.• Flo~ _- .. .�.- -- - ...—, -.L.�� L. t Gipl:'+jLrr • vrot7 swa,COWUMATrorl C AM UCA0117ZO � 01•-JUL-1990 � 01-JL)L-1991 I 1000 ,; 1000 ?. CEOWn% LFAD%fry r Offt RI+TION OF OPERAT MAT10Wf 'LHTCLftJWFOtAL "MI . THIS UERT ! f I CATS MAY BE RELIED UPnN ONL-' 1 F' THr DESCRIPTION UP OPERATI014S ATTACHMENT REFERRED TO HEREIN is ATTACHED HERETO . I' CE TilaC�1•�.TtOfrBTl4 CAN LF.A71ON _I-C)'. _D Ar•, 0= '14E e6,;E DE�CF'3�D P�LIr1Ec o� �Ar �fLLE` BE `' E -.F kcfv,FTIQN- J.IT� TrrEP.�oc '4E LS']rJR"Jp -"DMDC`Jv W::_L LrS(K(XKIV *XNl� MAIL 30 Fn w21TiENNC''IGE 'C''ME*_EP rICAT3 �IrLrJEPNAMErJ.TOTHE- LEFT. Bt1k 1r xx CR$ .� At$ QtiCA Y N0A 10E�c Ewakg 7faiP�S$ JC39lJ�x1a'Cl{Dr l City of Huntington Bmh �u+�r�rv�<�lr�hhf7F+xlx' '�Tt'C 1rp{ J)nX ,xxutKawCfQt►vTS� sr R�1�R�4opex"w�c+ 7s 2000 tNaln St -- � , I Huntington Bch CA 92914 V,-�'. .e-'.�. C. J •LORRDUi v - -: -`. - „ ". r"WVATlfw!00/rr? r� 4LAC1S - _ � Qf: I3-JUL-1994 fft?ODuVER 13043 Ty,% ,EDT-;:[:.TE 'Si<S-QED %S5\1sfTE:) -OFINPI)Pr-. Ir NrNN Y ''� C� L tJDCONFE=S COrrOVn 8. filaGk Insurance S!'rvk!! r.lG_'-G.":f+i<..rU,2rG r:+[C5;z?f ,,-,.•4 r.rF;�^c-u ,'rr�CEa'rc-�-c� t1f'rE Pic AAT Ffi. I E+TEcl;', f7- A1.16k ,Hr- r.�1-.tR-r'i� PF4r`p J: tl O'r ,_r. !U South Lek* Avenue Pasedens CA 91101 COMPANIES AFFORDING COVERAGE tote] 745 3060 !r _ "D A�ry AMlnstttute of London Underwriters contut Karl L. Jenrert - COWPA rr g An erksn frforrWfamf Group R.J Nobte Co"rany C-rWrA."— VniCers Insurance Compamy - -- - � -— — — C Change CA 9264e CO►c oc - - -- _ D E + E THIS DESCRIPTION OF OPERATIONS ATTACHMENT MAY BE RELIED UPON ONLY IF THE CERTIFICATE REFERRED TO HEREIN IS ATTACHED HERETO. Certificate Molder = ctty of Hunttngton 8eacn THIS CERTI F t CATF. CANCELS & SUPFRSEDFR CERTI PI rATF. ISSUED 014 6-28-90 As respects : #903o2 Garfield Ave . SPECIAL CONDITIONS AS RESPECTS GENERAL . LIABILITY : It is agreed Ctty Of Huntington Beach , its agents, officers, anti employees are includes as AddlLlonal insureds, but solely as respects work being perforMeO by or on ,Dchair ur the Named Insured to connection with the project described herein . cats a �ctizI �:�s a: ._ �:®.co ��c tisss F p P 11 1-1 1-1 r. F.' 1:4 1- CERTIFICATE OF INSURANCE ❑STATE FARM FIRE AND CASVALTY COMPANY. Slooeminigton, Illinois Tits is 10 C"1hat -STATE FARM GENERAL INSURANCE COMPANY, Sioompinglon. Imnots p ._T pjSj,r COMPAINY Nis m force for 14-0 ve tlo yvdw ) S-,05 E. Lincoin f-A :'90302 Garfield Ave. (It umpl"I C'-'S PijS CLIRTIFICAIr CANCLLS 8 SV'PE1kSLDi--': CklilIFIC-ME ISS' ,ED ON 6-/8-90 the followinq coveraget For the 0CF1005 an(J hfnl , mc r;kt" b(,;Ow POLICY NUMBER TYPE OF INSURANCIE POLICY PERIOD LIMITS OF LIA131LITY Comp!ehenv e Gener:0 Uat)lyhty VUSI 1'-n'ts fo, U001i Ir INJURY Each GLLUfrOPCe IC0n1fk1-0r%*L-41,00y O*riefs'.I.Anaiofas And PnopEr4 ry DAMAGE CaCh Occurrence S T"above Prt5Vr.jnCp mcowes iamicame if incicateu by(D I '-j PRODUCTS-CC)MI'LETED OPERATIONS 1-j OWNLRS'OR CONTFIACTC-IRS'PROTECTIVE LIABILITY CONTRACTUAL LIABILITY LX curnomea singie Urns,for BODILY INJURY AND BROAD F-()nU PACPEF17-Y DAMAGEPJAUPERTY DAMAGE BROAD FORM COMPREMENSIVI= GE NEPAL LIABILITY EaCh Occurrence 5 1,000, POLICY NUMBER TYPE OF INSURANCE POLICY i'ERI D --- {P4-1liR? CONTRACTUAL LiA1111LITY LIMITS (11 drffeWt than 2U*vol BODILY INJURY F801.7493388 1 Auto LiabiliVjy; 7-1-90 tO 91 F*Ch UVCU?FeW-Q -$ -- ,. - Hired & Non-own cd PPOPEJAI Y r)AMAGE C...101 Octul I talcle I AggiogV6 S Exr-ESS UAJ191016y Comb-00 Sovqie Lon,'?o, 8OQIj Y INJURY AND },iAOilrRTY 0AMAG41! Each OccutTence Olhpr Part I STATUTORY Workers romptr+Salion P;.R 2 BOUJI.T 1NJUFIY and f'T'Oovvr-'- E-al.h Arri0vtil S 'Agoregate"I 3jDC31.C.*",6 Owne?S. L2r%6!or0s'ar-(? Teftanit U2071dy iAtuoncq 4exciudes ttiyaurai ailgramns.ftvr Cg)mn1V10n of dfreTwilbaft. THE rEAT3FICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS. EXTEN05 OR ALTERS THE COVERAGE APPROVED SY ANY POLICY DESCRIBED HEREIN. be caj,Ce' ied before the expiration date- thereof, SlIoUid ar.y of the above de-'�Cribed Wlicie�;; the issuino comp—any will �r W mail 50 (]aVf-; writt-.er, notice to tht- cetificate holder x3tRxx NAMV AND AF)n01feS OF PAII411Y T()W"Om CERTiFiCATF IS ISSUE() City of Huntington Beach /-13-90 2000 Main St. Funtington Beach , CA 92614 ynature 0-!Aohoraeo Rrj),v$*0hV6 Tale JUL 13 ' 90 9: 53 FROM i_ORROON AND BLACK. GL 20 09 (Ed. 01 T3) This endorsement forms a part of the poiicy to which attaehAd.effect�Ye u�the inception Cate cf true policy unless otherwt<e stated Ftre!n (Tht following iniormat!on is squired oniy wtien fh:s"d,�rirmr nit is ii%utd subseg3rnt to p!tparrfion of pcit•,]�1 Endorsemehte;;ectrYe 7-1-90 Poilcyh!c ii11.1103404 Ero!se`:ertNp Pad edlr,,u!?d bJ<j CCcii-a.lany T Additional Premium$ Co �'.ersr ned h g t _- fAUtnJ!1te t?ple5eftallYe) . I Tots endorsement modifies sucf!Tssurance as!s atforCed by the Drovt,t0 IS r,i ttie policy relating to the lolluw!n6: COMPREHENSIVE. GENERAL LIABILITY INSURANCE MANUFACTURERS AND CONTRACTORS LIABILITY INSURANCE f ADDITIONAL INSURED (Owners or cvhtrar,tors) ' $thedtlit Name of Pei WTI of Organization (Additional irmurtd) Location of Coveted Uperations City of Hunt"l.ngtotl Beach , its agents, officers, v90302 Garfield Ave. and employees Premium Bases Rates Advarcx premium 0uui iy IJilury!rritiili;} Cost $100 of cost Y > Property Oamage Liability Gott $100 of cost total;.dva,tce frem,uni S It is agieeG that: 1. The'Persons Insured- provision is amended to include as an insured the person or organtration named above(hereinafter called"additional insured"), but only with respect to liability arising out of(1)operations performed for the additional insured by the named insured at the iocation designated above or(2)acts or omissions of the additionai Insured in connection with his general supervision of such operations- 2. None of the vxciusions of the policy,except exclusions(a).(c).(f),(g).(i).(j)and(m).apply to this insurance. 3 Additional Exclusions This insurerc9 does nut apply: (a) to bodily injury or property damage occurring after (1) all yrork on the project(other than service,maintenance or repairs)to be performed by or on behalf of ttie additional insured at the site of the covered operations has beep touipleted of (2) that portion of the named insured's work out of which the injury or damage arises has been put to its intended use by any person or organization sther than another contractor or subcontractor engaged in pertortrling optfations for printipal as a part of the same protect (b) to bodily injury or property damage arising wt of any act or omission of the additional insured or any of his employees,other than general super- vision of work performed for the addit!onal insured by the named insured: (c) in property damage to (1) property owned of occupied by or rented to the additional insured. (2) property used by the additional tr cured, t3) property in the care. custody of control of the additional insured or as to which the additional insured is for any purPose e_ter rig physical c4nt(ot.a+ 14) work pettormed for the additional insured by the named insured- 4. Additional Definition When used in reference to this insurance."work"inciudes materials,Darts and equipment furnisbed in connection therewith. GL20090173 — REQUEST FOR CITY COUNCIL A , ION 1 ire Date June 18, 1990 Submitted to: Honorable Mayor and City Council APPROVED By C;LTY C,9UNCIL ; r , • � Z Submitted by: Michael T. Uberuaga, City Administrate „Q Prepared by: 1— Louis F. Sandoval, Director of Public Works tTY:ci Subject: GARFIELD AVENUE BETWEEN MAGNOLIA STREET AND CFC D05 CC-739 p r a - Consistent with Council Policy? k ] Yes I 1 New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Pursuant to City Council approval of May 7, 1990, bids were received on June 4, 1990, for the Garfield Avenue resurfacing, median construction and landscaping between Magnolia Street and the Orange County Flood Control Channel - D05 (OCFCC - D05) east of Persimmon Street. RECOMMENDATION: 1. Approve the low bid submitted by R. J. Noble Company and authorize the Mayor and City Clerk to execute an appropriate contract in the amount of $541,526.75 upon receipt of authorization from EMA/AHFP to solicit bids. 2. Authorize the Director of Public Works to expend $50,000.00 for anticipated change orders and $15,000.00 for incidental expenditures (i.e. field testing, material reports, etc.). ANALYSIS: On May 7, 1990, the City Council approved the plans and specifications for the Garfield Avenue resurfacing, median construction and landscaping between Magnolia and OCFCC-D05 and authorized staff to solicit construction bids. This project is part of the cooperative agreement between the City and EMA/Arterial Highway Financing Program (AHFP) with the City of Fountain Valley participating. The City is contributing $335,746.59 including $130,000.00 for landscaping with AHFP contributing $167,873.29 and Fountain Valley, the balance of $37,906.87. Bids, as summarized below, were received and opened on June 4, 1990. Contractor Bid Amount I. R. J. Noble Company $541,526.75 2- Silvia Construction Inc. 541,727.46* 3. Fecit Strata Construction 549,096.67* 4. D.W. Powell Construction, Inc. 551,980.95 5. All American Asphalt 561,908.82 6. Vernon Paving Company 584,473.22 7. Excel Paving Company 598,769.20 8. Griffith Company 600,932.87 9. Sully Miller Contracting Company 616,576.59 10. Shawan Corporation 648,534.53 / *Corrected for arithmetic error. / PIa 5/86 4-. { J Garfield Ave. btwn. Magnolia St. & OCFCC-D05, CC-739 - RCA .Tune 18, 1990 Page 2 FUNDING SOURCE: Contract Costs: $541,526.75 Anticipated Change Orders: 50,000.00 Incidental Expenditures (soil testing & material reports, etc.): 15.000.00 ** TOTAL $606,526.75 Engineer's Estimate: $620,572.00 * The Director of Public Works is authorized, by Resolution, to spend up to 10% of the contract amount, but not more than $50,000.00, on anticipated Change Orders (i.e. unforseen work etc.) ** The project budget includes sufficient revenues to cover construction costs, contingencies, and project "incidentals"; however, staff is not authorized to encumber funds for "incidentals" without Council approval. Therefore, it is recommended that $15,000.00 be encumbered for project "incidentals". Revenue Sources: An unencumbered balance of $680,000.00 is available in the 90/91 fiscal account E-SF-PC-739-6-32-00 for this project. ALTERNATIVE TI N- 1. Deny award of contract to R. J. Noble Company and select one of the other bidders. 2. Reject all bids and forego the construction of these improvements. ATTACHMENTS: Vicinity Map MTU:LFS:AAF:dw 2446g/1&2 e4� - 72 9 DATE - --. ..-..-- -- - -June 4, 1990 - -2p.m. RECEIVED BY ✓//i-/. ENGINEER'S ESTIMATE: Treasurer's office JOB AND CC NUMBER. CC-739 GARF'IELD STREET' IMPR9-ra4ENI'S BIDDERS NAME 'TOTAL BID AMOLW '1. All American Asphalt .S / 901 . CIO', 2. American Landscape 3. Artistic Landscape 4. Carlson's LandscaQir -___-- 5. Clayton Engineering 6, Environments West 7.. Excel Paving � .S .r 74 9, 8. F'ecit-Strata ` �'91 ' G 9. Gateway Construction 10. Grandpre Concrete 11. Griffith Company`i 4 p q .�•� 8 12. Hacienda Landscape 13. L and W Engineering 14. Marina Contractors 15.--Nbore E�ctric 16. R. J. Noble ` 17. Pavement Recycling -- 18. Penhall Construction 19. D. W. Powell 20. S. and M. Iandsca 21. Silvia Construction S 7. 3 4 22_.-Shawan Corporation- . --.--.-.- v �� S.3 5e. .S 23. Smithson Electric 24. Steiny and ConparZ_ R^ 25. Sully-Miller / �o .s 7 , 9 26. Valley Crest Landsca 28. Vulcan Asphalt CHUBB UAOUP OF INSURANCE C�.MPANIES CHUBB 15 MounIain -ev I?G,1(-,. PC) '!Co FEDERAL INSURANCE COMPANY BID BOND Bond No. B-8I249250 Amounts 10% Know All Men By These Presents, That we, R. J. NOB,,,: COMPANY (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto CTTY of HUNTINGTON BEACH (hereinafter called the Obligee), in the sum of **TEN PF•.PCFNT 01' THE AMOUNT BID** Dollars ($ 102 ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs,.executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 30th day of May A. D. nineteen hundred and ninety WHEREAS, the Principal has submitted a bid, dated Juno 4 19 90 for GARFTELD AVENUE RESURFACING MEDIAN CONSTRUCTION FIND LANDSCAPING BETWEEN MAGNOLIA AND ORANGE COUNTY PCC-D05 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. R. J. NOBLE COMPANY Principal 1/7 By � Zr�+c CJ NEIL AN , E PRESIDENT FIEDEPALINSURAKInp PANY i By: NUUiAEL D.ST0 Gf NL:f- 6 FACT /f as r.TEe Form 15-02-0002(Rev `a J BHI C+ ..�_ POWER OF ATTORNEY ;2;ncw all Men by these Presents. That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road. Warren, New Jersey, a New Jersey Corpora- tion, has constituted and appointed. and does hereby constitute and appoint Michael D. Stong, Michael A. Quigley and Carrie L. Price of Riverside, California---------------------------------------------------------------- each its true and lawful Attorney-in-Fact to execute under such designation In Its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wil: t- Bonds and undertakings filed in any suit,matter or proceeding in any Court,or filed with any Sherifl or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking. 2- Surety bonds to the United Slates of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs or Internal Revenue:License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State,City. Town,Village,Board or other body or organization,public or private;bonds to Transportation Companies.Lost Instrument bonds:Lease bands,Workers'Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy SheriPos and similar public officials 3_ Bonds on behalf of contractors in connection with bids, proposals or contracts NI rrlrnlas w11wre01 the Wo FEDERAL INSURANCE COMPANY has.pursuant to its eyLums.caused these presents to be signed try its Vlca Presrdanr and Assistant Secretary and IS Corporate seal to be hereto ahixed[his I s C day January i9 89 Corporit uuuf��, NC11 _ FEDERAL INSURANCE COMPANY yEk"1ER By Za l d. ?Js tortRic arc D O Connor wu Pnaldant AaNttanr SecretarySTATE of NEW JERSEYmerset I5s County of So On this I s t dap, January 19 89 before me personally Came RiChaN o O'Connor TOMS known aW br-*known robe ASSrSQn[Secretary or the FEDERAL INSURANCE COMPANY-[fro Corporal on deSCribad m end wnicn axecUted itro foregoing Pa"r of A.'fornay-and the said Richard D O'Connor being by me du:y swain-aid depose■nC say that ne IS Ass'stan:Secretary Cat:ne FEDERAL INSURANCE COMPANY and knows the corpwata seal thereof-that the seer amxod to the foregoing Potwar of Anorney Is such co•pora'e$eal and was Inerelo a"-xeC by aufhon[y Of the Brows o1 Sit-0 Company and that he signed Sad Power or Anornfy as A13e1111tt 5acrerary d sea Company by try aurhorrrr-and that he es acquainted with James D Dixon and knew;firm to on the Vice Prastden;of said Company And mat the Signature of Sala James D Dion SuDscnbeo 10 said Power of Mornay Is In[he genwne handwntinq o[said Jar&$D Dexdn and eiu Iheralp subscribed by authoirly Of taro erLA+wrS and ir,deponent"s presence Notariu Swat `G<G L E O 9 AcknowlieegeC and Sworn W before me � - 9 _ _ an the dne written � NOTARY L//�,//(ems//J�'C�x_r• • PUBLIC � -- Z ALICL LEONARD Nolaly Putt c �K' J F�5� CERT3FIcaT*N NOTARY PUBLIC OF NEW JERSEY STATE OF NEW JERSEY 55- My Commission Expires July 12. 1993 County of Somerset l the unden[grled-Ass,sfan[Secretary of the FEDERAL INSURANCE COMPANY.do hereby tansy the:the 1dlo.ing rs a titre excerpt from[he BrLaws Or the seed Company as edMad by Its Board o1 Daandrs on Mach it tg$3 and mast recarllry amerced Marcn 5. 19"and the[this arLaw s in furl Wrce end anon 'ARTICLE xVlu Seaton 2 All bonds.Undertakings.Con'r6M and other instruments other than as a'JM for and Can behalf or the Company which C IS eut'Wrized by law or its charter to axecc[e.may and shall be executed in the name and on behalf Of the Company ether by the Chairman Or the V.Ce Chairman Ce Ina Pfeil dsm or a Vice Protean[.ro,mly w,1n the Secretary of an Assistant Secretary tinder ihe.r reSPOC1-ve deaignatrons.except that any one or more pricers w enoinays.,n-tact*OsNnaled m any resdulron of the Boare of Directors or the Execul-w Commalee.or in any power or alloeney executed as prorrrood for in Secmon 3 below.may execute any sucn bond-undenak,ng or d!ier obligation As prowced in ouch resduhon or Dower of anoiney Senron 1 Am Powers of artorr isy br and on Wharf of the C Y"y b y may and shall Oe exacrned m The narle and on behalf d the Comparry&,the•Dy the Chair••un or the vice Chairman W the Prasaent or a vice Presdent Or an Assistant VIC*President pmlfy with the Secretary or an Assistant Secrtrrary.under their fespeaiwe d"ignatbrls The segnl[uie of such oriKers may be angra�ed.printed d hnlographoo The Signal via of each of the rbeow rig cecafs Chairmen-Vote Cnarman,President.dry VC*President-any A{SULnt Vice Presyeru,any Secretary.any Assistant Secretary and the seal or the Company may be affixed by I*CS,mile to&try porer of alfortey or le dry cenrrcale retailing thereto appanhng AssWare Secretaries or Artor+eys..,.Fan for purposes only of executing and anesvng bonds and underlapirigs and other wruwtgs obhgalory in:he na,u•e th~ ono airy Such power of Attorhipy a Certificate bearing Such facsimile swgnafure or faca,mwe Seal shall be weird and b.M the ComIpa'y and any such rng upon ppwan f0 axecuyd and cer-trop pry such tacS.mlk eigntafure and fa0111mi19 seal ahAu be wales and binduyg upon the Company with respect IC any bond Of unde.'1a.rig to which o ors anaCh".. I further certify Mai said FEDERAL INSURANCE COMPANY it duty IwCanised to[rervan frderrly end surely bus,rwm n each of the Slares of the United SU:es or America-Distrrn or Cdumbra-Puerto Rrco-and @ben or 1ne P,ownceJ d'calada with the accepbon of Prrrtce Edward Island_arid rs also dutyacensed W Dscdrne sole luny on bonds.underakengl.etc.parmrrred or reQGrred byrew I.dot undersigned Alsislani Secretary o1 FEDERAL INSURANCE COMPANY.do hereby certify teal Ina foregoing Power of ATorney is In full force And nnen Gryerr UnaH my hand and the seal of lard Company at warren.N J.[his 3 0 th day of May t9 90 Coryorale N Aaafetanl Secnury w� O• ,r� W, W aL y J EiiSE PFd-TED Form 21•t0-03X1(R w 7-09)GENERAL UT. Prendum: KV 74 Bona N, 0372243 GUM iM&RICAN INSURANCE COMPANY KNOW" MJ- 13)' 1 1-11-S[-'- PRLSFN rs. Aar wo A kv.i.a Coi:i!;t:rLl2V1WW TFIC. I)i alld t:lc. Y%N4F1<U,AN INSIMP401 COMPANY, a cm Imiation eximing Wer the la"s of Ohio . hmviii!i i,-, MCC at 580 W.-ml Mlc'' Ohio :i�.'.02. ;is a*t: 1116 '001.111d Ll:'It,; X. at '1111 Ww'Ama Z. Pi�'- 1)0[ ].:\k.s m ---. n 1:1v"t111 ?I the MY SEWS 01 Purimma, Air mu 1mym1:I of Much. .',C11 a-!kl 11-111y lo lil;idc' 'vc 1--'[11d lie-jrs, exfcuiors, admmistmtois, St:Ckr'Y<-)r$ and "":;11':d' '-Ild caved tills 3.: S t day of My A 90 %AIRREAS Vic said principal 3S Snewitil Suh=ting a proposA Kr CC-739 N(M4 MR&URC Ow conKilyn of (to obhgabon is such that, if the said principal Cali V J"WjQd IN mai-j C-",lltt'ZM7 an-j %'haj "vi"h:o t.-.., 6-0 1 di;cys aitti. roceivjng r--otice 0: "LiCh •"vmd clll['l !i1k) a C(Altlacz il'i"o ior thc t'jitt',"lil (,O'Itlak:(. th;'.J' tiliS Shah W nUH and VOILi o(ile! ILC pnnclpal :ind sm ety M pay unity) the oblyee We chfferance a maxy hawrcr Hn, aincium of W ;ninnimis 101 and the anwunt for whidt IN WA gee may legally", %vill.. miothei party to pelomn Vc n7nik, if We lattei amourit he :v excess cm thn brivivri Wit to no cvcnt AW the Imb6my hummidel ',:\L:L:C,t the SUH) hel('Ot' SiLvia (1:( action, I GREAT AMERICAN tNSIJRANCE COMPANY B y-VA rim L 11MAW-t— Diana Laskowski, A trornev-m-1-ccr F.9 I 16 K (3,,u 21 iUiD F o r zm) GMU AIVERICAN INSURANCE COMPANY The number of persons authorized by tins power of attorney a not more !ban No 0 13216 S i X POWER OF ATTOR.NFY KNOW ALL MEN BY THESE PRESENTS- IFiat the GREAT AMERR ANINSl RANCFCOMPANY aoirpnr;!tinrmgwrlvcd CXIS(Ing UndeT and by v1:1MC t)l the Iaw1 of the State of Ohio does hereby imminatuomm a a a and appoint the person or pup yn nimed below Its true and lawrul ;llt(l:nC\ :n-?ail, for a and m a; name.place and siead toe.ecum to hehult-r the sued C!,:npany as sore[, .,ins ar',! all bonds. undertakings and cimtt3t:5 of stlreiy,hlp• or o0-.er w rltteil in the n,IrU'e 111CtCnl. 1[:,cltiC[1 *,hat :he I!uo111[s ih:r,;!!,; Company on any Such hurld,un,!c-Iakmgor QUtlltnj A SU'cl,Sip under thlS;tU;It, r;[, sh:all rot t•\tecd itie Mill sta[e.; he: :w Name Address I.:mal J 0=1 DAVID L . CULBERTSON ]!AINA LASKO'WSK: ALL OF AIL LINDA L . CUL BERTSON f-AREN CHANDLER ANAHEIM, UVLIMITEI, CHARLES 1 . FLAKE DENRAH HILL CALIFORKIA This Nmer.5 AH,—Pc, -makes all pre,oils i,Suet!1r1 t,c}! ' ::I the dtio"le%i�) in :z;ci n1:llet'.;!.^t-sc 1\ WI 1 vi--ss xin Rm Slit GRkA I AME RK4\ I\Sl BRA\(pIF 0AIPA\Y h:n.uwC It:ecr ,re,ent,r.:tic%LCrlcti ; ..d a---,reo h•, as apprnpriatC!,fk"%and"sc rn•.,'-or SCA herc'unki ni %e . Nis 8tn 0 Y. -II' May 90 Attest (,RI-AT A%11 RI[AN 1NM:RA-\;(-E ( OMPANY STATE OF 01110 COUNT' OF 11.N\111.TON ,s Un IN% RtH ,!as ,ll May, 1990 hoore me '.'•crti,lnd appeami WHI 1AM ]- ,MANE Y to _nc known, being 6,ily ,wo.n. .iCp[x:. J!ld says that he resided m Wonnai:.(Nim,that he I;At: Mee Prcqdect or the(,rent Ammican lr•,uranic Company, the Cony m) descry^';' :n and w•hmh C%et-010 mo ahuve Itlst"inlen[.kit Ile kthmi the s,'ai.that a was of.1 Ved I" -tlith.•,nn of his of r-��under [tic By-Laws o' saic C.:rlpanv-and 141 he$tided his unle lh eiem h, Ue ,;-[w"au This Power of Attarip n gmn[ed ay au[hmn, tif the Wowing resohitn".s adop'ed "s the Board !,1 D"con s & (041 Atnerman hnsuiance Company } inanam l oUs wramn =%er dated August 20. IQW RP SOL IT D That tilt'Presalent, the scivral lice ke'stclenn and-1 ssrstani 1;r e Pr:•snh' an ,-an r -„rr•,r t wnr. he Ind hcrtf t r% authorra'd• from time rt, onit'. f(: ilPputnt "me nr mnre• Arrt,rrievs-ln-Face to ,,recur;' in riehal(,;f thr Qmpann at swan% ant an.•l:al bonds, under!a?v?,s a?!d c-r!r :%sure! 'p, .-. -r rI i(• 'hhgel+(nis fit the +!ll!: re• r�-! r s!-rjh• ihrir rest),,.? -f;... ,pe!!C•[ acs : sh. - rJtire. �•c• r ,� ; ,�c f r r � ,� r t and the re'sper rive lrnatts of their authnrlty, and to revoke ml— such appoint»tent at ant• rri,:e RhSOL 1`h7) V Rlf/f:R That the Cirnlpany seal and the Sl,(,tattre,,/ ariv •,f [he ab,resaia,,flrrers n;a;• he alfirt':! hl 1! slim", to any power of atromey or (enykate of either given .,,r the Creeu[mn --f ant' h,;r;::. umkr!aktrig. tunrrac! 'ir surelr5hrp. -fit,'r x'ruten ,01igation tit file' nature rhereuf. such Signature' and seal when so toed heinp hirchv ad,-ptcd by the C.�,mpant as !if, rl Qtir ri signature of such officer and th:,original seal of the (:lntth7r!l•, to he ralru an(.binding ia);:r! /he (r,nt!!artl• tt'r!!t the Sanit',rr,rl f, a ..t t'ff„ as though manually affixed C ERTI FECATION L RO\ALD C HAYLS_ 0vaslant Scunary of ine Circa[ Amencan Nsurame l ornMmV do hetch, ccriq that :he f "zpoing Pnwer of Anor"y and ;he Raluuons u1 the Bowd A INnctors o1 August '_tl. 1979 ha'.c 'a,t hccn icvokcd .ind arc now in toil 1-,-Lc anti effect Signed and ,cited tit„ 31 st day of itiLay I tl yQ S t 02 9 M r03'901 DID OR PROPOSAL BOND BOND NO. A0QQ(110(13_ -._-- KNOW ALL MEN BY THESE PRESENTS: That: wr?, 171--.Ci _.ITr1`I_A._IONST.RU(UON.. .V111"NY.-- _ as Pr i r,c i pa 1 , A And (:t.ARENDON Nfi T I ONfAL I NS)UPANCE Comr-'MY as Sur-c-t y. err-}? held and f i r-m l v hc„_rnd rfrrt r. CITY OF IIUMI\•GTONN B LAC:II as Obligee, irr, the f,f5r,a1 -_,,urn of _ T"" P:RCI=:-N1 i)l- ii1UUNT iil'.) ------- ---------------------- ( $ 10,E ) DULLfIRS, 1<iwful •inr_•ney c•f the LJr,ited States -_,f Ar,reric:a, fc.r the p;vnrent .=,f whir_h, wel l and truly to be made, wra bled mr sielve-,, c-ur heirS, PxPcutc-rs, admini5.tr'ators. s-rr`t F'SS,r_r S mind amissign�a. jr, int 1y lYr(J seVP)-ally, f' ir-r,r1y tiv tlrfs�-f� T�re� E r�t�,. aic! ll.alc�: Ju;rt 1990 SIGNED, -,ealed and datecf this .31 !;t �,f -,1.r�' .. , lO t)U WHEREf-IS, the said Principal is herewith subnrittirrq a pr opr.,s,�k I fr- CART'I LLD AV1:,i; MAGNiOL1A S IRIT`. LAM)SCAI'11�(; PROJ`:C"I, NOW, TI IF.REEORE, T IlE= C U111D I I I ON DI' I I1E_ f)LIOVE 0 Fit- I Gf.)T I ON 15 r.',UC11, that if the said Pr-ir,cipLAI shall ex&r,if.P a cor,tI-ar't anti rlive br.nd frjr the faithf',-iI peI-f,:•r-Ili arnre theree:-f' within f:r days after beinq r,(;tified in wr- it. inq r.f the Aw,arcl of- suc-1I c :rrtrAct tc_l PrinciF)al . .=-r• if thf_ F'rinc-ipa1 , r-r- Sl-rr-Pty steal I pay t,tIP Otrl iQPf7 the s;um, r-,c•t exr-r ollir,rl the fie Ii I t y hc,I,—e.:.f. by which thr- ,rnr•,,.r Ir.t of- thf- cC:-r,t Ti_;.a=t , - ir,cr t I I P F.aId pr-r,p(:Isa, I , f-WC-per•ly And 1awf1.11 ly 0xFr:rrtell by ar,d b2t vie en thr? rb1 iaPP and a third party, rrrav excrE d the bid by Pv inrip.il , ther, this _ h11q�,ti _ n -01al l hr , v :. id ; it Shall 1-f,111oirr in f uI I f<<r r-F and of f r_c. t iCJ.I F•Rlhi(;I aL) C:L ARENDON Nfl T I ONAL INSURANCE. COhlI41HY (siE.JF2E= T Y) P`{ _1 Itt M. WAT I)ON f.) I I Y- I N--FMI' 1 ` POWER OF ATTORNEY Clarendon National Insurance Company 600 Madison Ave,, Suite 1600 New York, NY 10022 POWER NO. KNOW Al I- Mf N IIY TIf FSE PRESENTS- Thal Clarcndon National lnsurance Company,rt eorporatinn nrganized and exist under the law s of the Stale of Maryland,and having its principaf office at 6W Madison Ave.,Suite 16W,New York,NY IU022,does hereby eonstltule and appoint JOHNNY M. WA1SON andlorJERiRY W. WAZSON ids true and iau ful allot tic y(s).in-fact to a xccute,seal and dcli•:cr for ant]on its helialf as surety,any and all bonds and undertakings,eontracts of indemnity and other writing-,uhligatury in the nature hereof,which are or maybe allowed,required or permitted by law,statute,rule,regulation. contracr or otherwise, and the exccuunn of such insirument(s) in pursuance of these presents, shall he as binding upon the said Clarendon National Insurance Company, as fully and amply, to all intents and purfroses, as if the same had been duly CxeCUted and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be cerofred to amf may be revoked, pursuant to and by authority of Section 1408 of the General Corporation Law of Maryland at a meeting called anti held on the I11h day of November, 1986. RESOLVED.that the Corporal ion does hereby appoint Johnny ht Watson andlorJerry W.Watson as its true and lawful attorney(s)-in-No in execute--,cal and deliver for and on its behalf a-,Snrcly,any and ;ill turcty hands only in cnnneetion with llle surely bond program administered by Western I ronticr General Insurance Agcncy, Inc_ in accord with the underwrntrng guidelines and authority hcretu ore acknowledged on (3 crober It. f 4H6 by said artnrney(s)•in-fact anti as die same may from time co tints be amended and that the authority granted by this Resolution shall be revocable by the Corporation, at will, of any time and Without notice- Further, this Power of Attorney is signed by facsimile pursuant to said legislative provision. Now therefore the signatures of such officers and the seal of the Company may he afrixed to art)r such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or cert•ftcate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such rower so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respccl [o any bond or undertaking [o which fl is a(Iached. IN 'TESTIMONY WHEREOF. Clarcndon National Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 171h day of November A.D. 1986 r 4 STATE OF NEW YOR K President On [his 1 7th day of November, 19H6, hcfnrc me came the tnfr+•idual whet executed 111e preceding,instiumcnt,to me personally knnW n.and. being by me duly sworn, that he it the therein described and autlrneli el oflicer of the Clarcndon National Insurance Company; that the seal affixed io said tnstrumcnl is the Corporate Seal of said Company,rl,at the acid Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company; iN TESTIMONY W11CRE01'. i Ira+e flcrcunen set my hand and affixed my Official Seal at the City of New York, New York the dJy and year first above written_ hotjry r.. r.:r._ z:..1.) ra: F.Olrr York �211m� n O jc'r:i.-1 in .. .v v...4 County NorJry Voblrc fi Clrr:Tr•}�1wrt Aug. Ir 19U - - r.ty Contntttu+tn E�xprres Angus( 1E, 1989 Cf]Ll ll'l(•AI ION 1,the undersigned officer of Clarcndon Nalinnal Insmimc Company do tier cbycertify ind tlt;rl I have cnntp.trr.l the Iorcgorng copy of the Flower of Attorney and arftdavir with the Oikl(:iNAI.S ON H1 f: IN 1 111' IIOAil' 01 1 ICE 01' SAID ( ()All'A11 and Il,at the sjIme are correct Iranteripls thereof, and of(tic whole of the said uribrnctft. .e•r,l 111.11 the sane) f'ouer of Alrirfne y bae 13r11 f+rrr,1.l0krd and it rr,,% In ruff force and effecl. IN l ES'TIMONY WIIER[OF, 1 have hereunto scl n1)• 11:1m1 tlrr,` tl.r) of j J�lt is understood and agreed that the approximate quantities shown in the foregoing proposal �R schedule are solely for the purpose of facilitating the comparison of bids and that the contractors compensation will be computed upon the basis of the actual quantities In the completed work, whether they be more or less that those shown herein at the unit prices bid In the proposals schedule. The undersigned understands the contract time limit allotted for the contract Is 60 calender 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) clays from the date of approval of the contract by the City of Huntington Beach, California. the undersigned has examined carefully the site of the work contemplated, the plans and Npecificatlons, and the proposal and contract forms therefor. The submission of a bid shall be r.onclus[ve evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. -\ccompanying this proposal Is (t r� -NOTICE: Insert the words "Cash, "Certlfled Check," or 'Bidder's $ond," a the case may be, in :in amount equal to at least 10 percent of the total bid price, payable to the City of Huntington [leach. he undersigned deposits the above named security as a proposal guaranty and agrees that it !hall he forfeited to the City of Huntington Beach as liquidated damages In case this proposal is Accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. licensed in accordance with an act providing for the registration of contract License No. 4 674- -- Siat ure f Bidder Business :address 0 -Z - Platc of Rts_iLdence ��- [)ate this -y7�- day of 19 Bidder shalf signify receipt of all Addenda here, if any: Addenqum No. Date Received Bidder's Signature P- i;- SAFE CO INSURANCE COMPANY OF AME RICA GENERAL_ INSURANCE COMPANY O: AMERICA a FIRST NATIONAL INSURANCE COMPANY SMrECO OF CA HOME OFFICE SAFECO PLA7_A SEATTLE.WASHINGTON 98185 I BID BOND 4 Approved by The American Institute of Architects, A.I.A.Document No.A 310(Feb. 1910 Edition) I I KiVOWA LL 8Y TH SE PRFSf-.sti'T,S.That we. a, Principal, hereinafter called the PrinCllral, and the SAFFCO INSUR.ANC.: COMPANY OF 1P.tFRICA. Of Searle. W,1. lungton a corporation duly orv:1ni?ed under I the laws of the State of Washington, m Surety, liercii'af ter ca!'cd the Surety, are held nil firmly hound [Into —_ t:L 1 C Jr HJN F LNI.,l'Q"— i as 0'1ligee. hereinafter callcl'. the Obhgcc. in the sum of-- -- _ _ _ - --- _-- - - _ Dollars pus Jl L+ =� for the payment of which qum well ar•('. :rid); to be inade. the said P[mcipal and ;he s:ud Surety- hind Ourselves,Our heirs,executors, and ;ns1s ns,jt nfly aI;i severally, frrrnlr• by illew p f"'Cills WHEREAS, the Principal has submitted a b:d for._ I .,. .�_ „�:'1'i�;c�. ,. ',%•.`.U:i��ii:1':� ...:1'+.I.i.'� `L•. -I.• ... � -,1.. > >—. .,:� J, i>N1 Lill): I NOW. THL:REFORF, if the Obligec shalt occepl the hid of the Principal and the !'rir. ipa; shall ellier into ;r Co;'I;aci u;r,) the Ohligee in accordance with the term, of such hid. X-A ;ive such bored or bonds as may he spe-ified I.. !ire h:d iq ci Contract Documents with good and su:f-ciem sureiv Cur the fai!hlul perform i-ce o1 such ( wirr,ict :!nd for ::ic p,oi pi payment of labor and material furnished In '.he pr;) Ccutior• rhercol,or in the event of the failure of the Pnncipal to enter � such Contract and give such bond or ho1lrls, if the Principal shall pa} to the Obligee the dtfference not to exceed the penalty hereof between the amount specified in said bid ar.d such larger arnw.i ! for which the Obligee may in good faith I contract with another party to perform the WOTIK covered hr 46 bid. then tha Obligstlun shalt be null and V01d, otherwise to remain in full force and effect. Signed and sealed this— -- s L-,r- -- -- da: „i i i (Seal) Principal -- — — — Witness , L j ��•� ! I _� Title SAFFCU Uft :C PANY O1 AMf:RICA —— Witness — i ,Wi'Aill Attorney-in- act r I S-54 R6 1/75 M POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOSE OFFICE. SAFECOASHING ON ZA 98 CJ SEATTLE,wASHItVGTQN 98185 SAFECO No. 9164 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA. a Washington corporation, does hereby appoint ---------------------------OWEN M. BROWN, Anaheim, California----------------------- its true and lawful attorney(s)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents 11 t- f" 89 this day of '�� —. 19 _ CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. — FIDELITY AND SURETY BONDS the President. any Vice President. the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in-fact or under oche, appropfuate titles with authority !o execute on behalf of the company fidelity and surety fronds and other documents of similar character issued by the company ,n the course of its business - On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile On any instrument conferring such authority or on any bond or undertaking of the company. the seal.or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however• that the seal shall not be neressary to :he validity of any such instrument or undertaking " Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (r) The provisions of Article V. Section 13 of the By-Laws, and till A Copy of the power-of-attorney appointment. executed pursuant t;^Preto, and (m) Certifying that said power-of-attorney appointment is in full force and effect• the signature of the certifying officer may be by facsimile, and the seal of the Company may be a !acsirnile inerrof.' I, Bon A Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a f ower of Attorney issued pursuant thereto, are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in fulf force and effect. IN WITNESS WHEREOF. 1 have her,;unto set my hand and affixed the facsimile seal of said corporation this day of —, 19_ r- S 12MR5,3/86 nn,vrrp rvutq 999., �� -id Depos * Cmp anF ' defity at1t o JiWH: 0/,." !L,I. OF MARYLAND Tllc Prem-ur-.; C;.-:'.;:Cd for f5 1, Mai stlow.? It I It It 0 N It On J;)1j 46011Uij 1990 '%11---N BY THESE' PRE-SLN-l"). That wc. C.111Cj tile tilt- l tilt I f.-k\v of N R I J-N 1 (4 H'i I I-nore, corporation dulv or[zanizcd under iltr .\.s M 01C Suitt: of M,tryl.11r1, -Iz 5tirc:1y, (lwreln.if ter callvil the "Sure:}'"). are held 171d llrn)fY bi)Ulld unto. 111j;.A'J,LN1G VON IWACH .. ..... ... ......... .. .......... ... ... ... . ...... ... ....... . ... as 01)1LgCC. lheren' iftcr called tile III tilt SUM Of 1-111: '10-YAl. A0D1!','.- 0 THE 11,11', .9 r)oll.lr tor tile pavnie(i' tit %\hw.;L stilli wt.H and truly its be wad,,!, tilt. —116 Principal ,ind the said Surety, bind ourselves, our lleir�, executu.-s. i(Jfmw,',:r.'tzojs, successorS ai:d Jbr.lgns. )olwly and sovera!i,-, firmly by these presents. WHERL'AS, the Principal has submated a bld for.... A%-1T1-W.'-' KE'SURF Al I I t 11-1 D I Al LN . ..... .... ...... ANU (ANDSCAPIN11; rBl:JWl:'I-NL- MAGNOLIA. 0'-: FCC-Di-15 .. . . ..................... ... ... ...... . ......... .- .. ..... .... ... ........ . .... .. . . . . ......... ......... ...... . .... .... .... . .... . .... ... ... . ........... ....... ................ ....... . . ... ... . .. ... . . . ..... ....... . ..... ... ... ....... ... .... .. ...q ....... .... . .............. .. ....... ............................ ............... --------- ..... . ... ......... ................ . . .. ............ ............. .... ..... ..... ...... ........ NOW, THEREFORE, if the Oblipce shall accept the hid of the Principal and the Principal Shall enter into a. Contract ulth the Obligue In accordance %%Itli the terms of such bid and give such bond or bonds as may be specified in the balding or contract documesits with good and -' I specl suliw.ient sut-cxv for the faithful performance of such contract anif for the prompt payment of labor and material furnished In t'ne prosecution thereof, or in the event of the failure of the Princip'd to CiltCr IMO such C0111NICE ;lnd 'h-IVC Such bond or bonds. If the Principal shad pay to the Oluitgee tile. di(Iervn('.(: 11o, W exceed tile pi'slaky hereof 1)vtwccsi the amount specifted in said bid and such larger arilowit for which the Obligee may in Kuod faith (ontract %%Ith another party to perform the%%ork-co%-crt:(l hti said hid, then this obli I i to ri full force and effect. gaucin Shall be fitill 'llid -Se I I Signed and sealed this.. .... . .. ..... .... . . .... . . ... ... ..... ...day of ..... ..... n'.- P", -1.1 ............ ... . ..... ........../........... ......I........ . ... .... / le.'. ..... .......... ... ....... ...... ......... ........ .......... ... .. ....... FIDELITY AND DEPOSIT COMPANY OF IMARYLAND Surat L ................ ............................................................. ... ............ , -).............(FJRAL) Attorney-in-Fact 1111C Linda D. Coats Awirc)ve4 by The American In'OlUte of Arclw�-.s. A-1 A. DcKurn4:.qL NO A-310 Fcbruary I9;U Lda,on. l Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND .OME )--'Ct aAITIMORE VD K�%O%' ALI MEN BY THESE PRESEN"I'S That the FII)LUTY AND DET0,A•T C ONVANY OF -NLAItI LAND. a corFxrration of the State of tilarviand. by C. M. PECC)"i', .1 R., Vice-President, and• C.. W. itOBB INS Assistant tiecretarv, in pursunn(r of authority granted b% -Article VI. Section 2. of the By-Laws of said Cumparrv, which are 4el forth on the rP%erse -tide. hereof and are hereby certified ur be in full force and#fect on the date hereof. does hereby nominate. ionstitute and approint !.i )dts J. ...} ;! , 1 tl )c w.1 `�.-el . . . . . . . . . . - eta tore and lawful agent and attorney-irl-Fact. to make. exeGitP;4es1 and de►t r, and on its behalf a6 stut•tr,and as its act anei deed: ,,Onds I!ld nt t e execution of sorb bond+ or undertakings i1jff12tquarrr of-[I�b presents. shall be as binding upon -aid (.:umpfany. a-t fllllc and ample. to all intent; and purpxrses, as if theyVj�d been dulC• �te�utP(i and acknowledged by the rPy(trlarly electedflller� •f the Company at its office in Baltimore. ti1d...�o tliPir ov,n proker feers(rns. The said Assistant Secretar% doer; herebiiOw 'if% that the -ktract set forth ,m the reverse side here'(rf iy a tn(P oop. -it Artick, ' I. section ?. I,f the fly Laws of said (:urfrani' and rs n(S _.tlin foree fI - 11 l�'i 1'tiF:55 1EREOF. the saidd,,V kK -President,i111:A ,`l,tant � n evreta have hereunto subscribedm their nae-t and affixed ;he Corporate -eal of the said FII)E.I_F't�'A 1) DEP3,vS'Vf'-COti(,PNNY OF NIAR11.AND. \v:,l t IDLLITY AINDYIFPQ)I F (:O WA`) OF MARYLAND SE ''Y.'•�.f r�'. 1rs?afi f Se c n rr(n t ire-f re,idrnt M4TI oc MARYt 4.n (ATY oI Hit Tt+tottt. •� On this ' +C it day of Ju_ y A-I)_ I) c 7. before the ;uhsu,riber. a tiutan• Public. if thr �tate •ri Maryland. in and for the City of Baltimore, duly rommis--(oned and qualified, came the atxrve-named Vice-President and Asm-tint Secrrtary of the F1f)EL1'('1 AND DEPOSIT COMPANI OF MARYLAND, to me pers(rnaliv known to be the individual.. and „ffirrr� dey(sibed in and who Pxecuted the preceding instrument. and they each acknowledged the execution of the. -ame. and being lrc me duly swnrn. ye�erally and each for himself deposeth and =with, that they are the +aid officene ref the Company .1forr44ji(l. and that the seal affixed to the prerrding instnrnlent is the Corp.rate Seal of said C,onipany, and that the said C.orprrrate -eal and their signatures a!surh officerI,..ere duly affixed and subscribed to t-re:ai(l instrument by the authority and direction-,f the,aid(orp■-ration. Iti T E;SII�1(�\1 WHERE( F, I have hereunto set nn_ hand and affixed my Official Seal, at the City of Baltimore, thr dat and year first alone written. - -------- -- Y --------------- NOtan PlabliC Conunoflov, 1.F.ItiIFII AIE L tile• (rnder�r¢ned, ASft0tarlt �ecretary of the H1)Ft.I'I1 t\I) 1)L[It S11 C,OtifPANN ()F MAl(11 .11'1). do hereb% •.-rtlf% that the original I'ower of Auornry of which the foregoing is a ftI;l. tnre and (-orre(t ropy. is in full force and effect on the date ..f this rertifiume. and 1 do further rertify that the 1i(-e•-President ,!m.•xerutrd the .aid Power of Aiteernery wa:one of the additional 1 we- Premderrts precialiv authorized by the Board of r)irector� t.. aplw,int any Attornev-in-Far.t ue prw6Hied in Artirle VI. e,t.•.n the 13% Law+ ,'f the FI1)F1.I'T1 IIri) 1)FT(NIF ('(iMl'AN1 :(F '11AR1IA'%I)- 1h1. Certificate may be signed by bat-simile under and b% authority of the billowing resolution of the Board „f -•f the• F11)HTF1 t\U DEPO511' COMPANI OF MARt1.AND at a meeting duly called and held on the lfuh day of July. i'kde RESOLVED --"That the facyinule or mechanically reproduced Signature of any .Assistant Secretary (,f the(;ompany, whe'tller nla(le heretofore or hereafter. wherever appearing upon a certifir(i cr.py of any power of attorney i+sued by the Company. shell h.• .alld and binding upon the Company with the same force and e:feri as though manually affixed. y IN hF:a l'1\f(stil 1X'}i F.Ft E:(�F. I have hereunto subscr-ibed nn name and affixed the rorpnraleveal of the said Gompan%. this L— day of--' '------ lu:)Cr — ly_9 I. C) 1 2- 1S(ifr tt.i.r.(nc �••.re(nr. W asanoe Co npmy Of Noah Amerbo a CIGNA company PROPOSAL OR --- ;� -BID BOND KNO;'V AU -%IEN BY THESE PfaESENrS. THAT WE VERNON PAVING CO .Ind the INSURANCI'. ('O�lPAtil' OF NORTII AMI'RI('A_ a corpoutlon organued and existing under the la�� c r :h,' [ ,i:)nnlnwcalth ci k'c:us>y!�sn1a. havt:it :It l rin,i;:al plaie c`1 business r[ I'hlladelph[a, Ya-. at 4urctN . are 110d r.[J 'ri:Ir t h. ;Ind unr,) City of Huntington Beach IX)[ I Ak'R . l.,'.%fill fllolit c of !I1c tinted or' A+ncr+,,,• !,l; 111e p,syn+erll of which.well and tally to he made. we hind n:�:tii'•-�.,- . ,•: hCir. :NC,:Ulur>. ad:n)'•�itilra[ur ti. succcssOr, :Ines ;tssign5. )mrstly and sevelaliti-_ firsnk_' IV these preSCIM SIGrNI 1) s .0c.! an(; [falcd [III% 31st da}, of May A 1) 1') 90 kk•lll RI AS- the 11:11d S,r,n,Il :,l I% hr:eu'Ilh a:;s;uln:nl n:OpMa! for Street Improvements, landscaping, cold^]aning, AC 7 Traffic Control. Spec # CC-739 OF T1I1 AfiO W OBI K.ATION l'� SUCH. that If the aforecald pnnrlpal shall he xwart7cd :lie c,)ntrr.t t`r_ ;.I1d ptio,ipA will wIlhw., the peri,tki sret:ified [heroor. W. 11 rin pCnOd he speckled, w11hi[7 1cr. (10) d:y� alirr 111C 11-111-,i nt Such award cillei illlet a c0rl[raCl ant! give hand Sur [he Iailhlul perfnlnlanCC of the Lun1r:+Lt, rise:) th1, ohl[Fatnlr 01_I�i he 1111.111 ,sod Vold. otherwise the punc[nal and the Surety will pay unla the obligee the difference 1n mone% hc'+u-c•c�> [f[r ,c�7a,I!!I[ „I Ific Ni; of I)a' saro prm,rl"1al :rr[d [hc amnum for whIJ1 the ObffrCC rnxY legAV Irr MJL1 ti•It.'I armilici part'.- -.o Pertor[n the work If the )alto alnc1ur11 he I:, exCC,% 01 the l(j!nle[_ In nn evcr,t shall the IIah1loy hereunder ex,eed Ihr p.:l:Il c[nn tlereot PROVIN 1) A\I) Sl.iE31E CT' TO TFTI ('ONDHION PRFC LDENT. Ihsr an. 51„tti at law or ),rncecd:np sn cl+I„l% blot:Chi rn .;: ;SC )Imi'lll dt!'Il:)CI ih,. Si-mety !o tec(ivcI ,tn%' CIa1111 lic-ellildcr InCSr he [r1Clltuteil ind SCn':; had t.'rwl Ihr Suia[+ i:h:It n ricix 10111 u::\, ;:I I< r ILC ;Ic:cehlr;Ice cif s.n,; hill t,' Ill.- k'rlr.;ilia) by tile Oblll;!Vc i I VERNON PAVING C.O. LN'_ - �. rL J n A . Berton , Vice President I N S U ANC'F C'OMPANT" 01: NORTH AAIL-RICA �6�49 L. )cox, Att rney-in-Fact ._ _ '.:Is.�.��+..:�e.-a��Y_._-_.YiY:.b��ifra�L.'�.-•-;-..-.=�e�a�--- was...s.�:�arie�-vsw.at'--<..•�+..IP.�. - _ _ ......_. __-..-._ P. OWEF OF Insurance Company of North America ATTORNEY o CIGNA Company 14134 Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA. a corporation of the Commonwealth of Pennsylvania. having its principal office in the City of Philadelphia. Pennsylvania, pursuant to the following Resolution. which was adopted by the Board of Directors of the said Company On December 5. 1983. to wit RESOIv[D That pwaYani to Articles 3 Ill and 5 1 of 1M 97 Lars-Ins folforldt Rules shall go,e,n the a•ac•-l-o^to.Ina Compan,of bond..unaenarinps..•cogm,lances-cM!reus and olnat nr�l�nQe 1n the na1V.1.�dreOf (1) That rile P•aa-0en1.sAV S.A1ar VIC0 Pres.denl. ■rry V.Cs Pro&4Mr an,ADal.ladr V.C.P•aaldenl Or any Alt Orns,n F.Ct.YI.,•..cuts far and or,beheff Of the Compedy.dy and e:1 00.0e. Ydd N a.e1go.•e[a9^4 aACH.CuA[raels and other--gulp,-I rho dal Yre Illoreol-IhS at"to be 81fe Sl Sd.hod A•cea Ssry by IM Corporate SKrelary or any Aee.Han1 Corporals SOC-slary.end 1-4 O'1•4 ca P•paAy al4.sa Ineralo.and I r a t I."Pleerdeel.any Senior VAC.Praedenl any V.Ce Pf•alasnl Or arq Aaa-Siam V.ca Preadant may acvO i add luthw.jo any otner 011LCof 1410Cled Or appgm oa)of In*Company-and Altar nave. F.cl to so exe a or arrest 10 the e.ecui on of all.Y n y ,.n.2.Cn ber.A or ll•a Ca p.ny and[a efh.the Deal 0!the Gordpeny thersl0 (2) Anr.,CA-I.g s.e Ulw A oCCCrd.h[d..in Ph—Rules one-be■r bdd-AQ upOn'no Cadw.d,m ed/Clad sa tµO,rl 1,0"0 by Ind Pread.nl find arrested to by the COtoorare 5.vrary (3) she a G^r'.ra O':ne Preelda Al.O,a S•A.o'V.Cs Pros,dani.or a V.Ce Proa.Cen1 a,on Aos.sranl V.cs Pres•aaei e•A 194 Deal of rho I:Ompody may be S!li.od by fac,Ie on eA,po.s.-of ollorn., pre+lea p•-..am!o ln.d R...lut.w.end the Si9nalYr•Of S cenlfy.nQ dfl,C«ado rho aoel of the CGdpany nor be of•.,ad by Iac4.m-a!C ery caC!111[s[e of any DY[h vo.er antl en,9u n po+•er w Can.-Cole b•a:-Ag sur: '*corm le alQnslure and seal•hell J•.41-0 end b.hd.g Cn the Gc dpiny (d) SYCh o-re•0H.Cer9 or the Company •no Arlopnefe n FOCI ano.hard ouinor1r,!a=enily Or rarity Copies of!rl.a Rerolurlon.1n•ay 1 e-D of 1-4 COMPS"-and any slf. ,.a Or record of-he Co•npedy neeeare•'. 'o rM alacnerpe.I-he,du!.es (51 Tne rteaaja of;mil Reeclu-od eons not re,o.e an,ddrller eurho,,ly granted br Aesoiu-on,o1'he Board C1 aacpted on June 9 1953 Mar 24 19r5 and Ma.cr 23. :9rr does hereby nominate. constitute and appoint JAMES F. MURPHY, JEAN L. WILLCOX, EVELYN DENINAIN, and PAMELA L. J CUBS, all of the City of Los Angeles, State of California----------------_____-__-- 0 CL uj ----------------------- ----------------------------- ----. each individually it there be more than one Y named_ Its '_rue and lawful attafney-in-fact, to make. execute Seal and deliver on its behalf. and as Its act and deed any and all bonds. C undertakings. recO nizances contracts and other wrifin s in the nature thereof in penalties not exceeding c� c g g g p g TEN MII,LIUV----- jo Cal ------- ------DOLLARS (s Q-IQQQ.QQ0..) each. and the execution of ca such writ-rigs in pursuance of these presents_ shall be as binding upon said Company•as fully and amply.as 1t they had been duly executed (1) and acknowledged by the regularly elected officers of the Company at Its principal office U � 5 FV IN WITNESS WHEREOF. the said R E Glveans. Vice-President• has hereunto subscribed his name and aftixec she corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 26th _— w� day of [arch 11fia INSURANCE COMPANY OF NORTH AMERICA co 0 Q' (D (D by Q COMMONWEALTH OF PENNSYLVANIA R E i;Vr.A%ti v. ?sce-1 ` COUNTY OF PHILADELPHIA ss On this �4Lt1. day of fLf trC17 __ _ A D 19 90 before me. a Notary Public of CO the Commonwealth of Pennsylvania in and for the County of Philadelphia came R E Glveans. Vice-President of the INSURANCE t71 � 0 COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding Instrument- and he E acknowledged that he executed the same. and that the seal affixed 10 the preceding Instrument is the corporate seal of said Company i that Ine said corporate seal and hie signature were duly affixed by the authority and direction of the said COrpOratlon• and that Resolution. O `- adopted by the Board of Directors of said Company• relerred to rn the preceding instrument. is now in force 110 ItV TESTIMONY WHEREOF.I have hereunto set my hand and affixed my ofticiaF seal at the City of Philadelphia the day and year tttlllrr ! m �/f�n 6 �� ........,. NOTARIAL SEAL ;:� `Y(J.. 2 JULIA ANNA ROHAN A. Notary P.)bliC — _� y= Phtiadelphia. Philadfeiphld COl)nl Notary PYps1e OF `*` <'1Iy Comm;ssonExpires t".1 t 7.0. 90 t, 0el, $&p,Secretary of INSURANCE COMPANY OF NORTH AMERICA,do hereby certify that the original POWER OF ATTORNEY•of whiC a (Q(a fl,f ArVfu``fl , hue and correct copy. is in full force and effect_ 1�}!I 7FFI D1. 1 have hereunto subscribed my name as Secretary• and affixed the corporate seal 3f the Corporation. this �!lrrrll31st day of — fr4ay James S WyRie ---- - - - - Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTERaV 2, 1992 BS•333636 Pid 1n U S A r_ SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY l INCLUDED I PROPOSAL BOND BOND NO: ( 1N B � PRF.h1IUM: INCLUDED N BBSli j 'Know n11 Men bg t4ror Vrrgrnts: THAT WE, S13I.1.Y-MILLER CONTRACTING COMPANY 1 1 as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto CITY OF HUNTINGTON Rr•.ACH s i as obligee, in the sum of TEN PERCENT ( 10%) OF THE TOTAL: AMOUNT OF THE BID IN ------- i 1 DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 4th day of JUNE 1990 i WHEREAS, the said principal is herewith submitting its proposal for 1 GARFIELD AVE. RESURFACING MEDIAN CONSTRUCTION AND LANDSCAPING BETWEEN MAGNOLIA STREET AND OC FCC-DOS i THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days E after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work if the latter amount he in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. SULLY-MILLER CONTRACTING COMPANY gx : ; .icense number Is 1536-A. � � - -- - Principal The licensee p lore date is 2/29/92. The representations e repeseMatbns made herein are made under penalty of By Pedury' GEORGE M. LUBANKO -- ASSISTANT SECRETARY SEABOARD SUR Y COMPANY ,i I � For.., 136 I R EN E --Ali, ttorney-in-Fact Certified Copy SEABOARD SURETY (COMPANY Z 7? - n No. rD323 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY - POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has made,constituted and appointed and by these presents does make,constitute and appoint Paul C. Hughes or Irene Lau of Cost_ a Mesa, California its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and other Instruments of similar nature as follows Limited to the amount of FIVE MILLION ($5,000,000. 00) Dollars. Such insurance policies,surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal,and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect ARTICLE VII SECTION 1 "Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto Insurance policies,bonds recognizances stipulations,consents of surety and us•derwriting undertakings of the Company,and releases,agreements and other writings relating in any way thereto or to any claim or loss thereunder,shall be s•gned in the name and on behalf of the Company (a) by the Chairman of the Board the President,a Vice-President or a Res-dent Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary or a Resident Assistant Secretary,or(b)by an Attorney-in-Fact fo•the Company appointed and authorized by the Chairman of the Board the President or a Vice-President to make such signature or(c)by such other officers or representatives as the Board may from time to time determine The seai of the Company shall if appropriate be affixed thereto by any such officer Attorney-in-Fact or representative IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this 21 st day of -- July ., 19 10RETyc Attest- _ SEA RD URETY COMP Y. is I927 P� By L� !F011,E•Ilic (Seal)�a Q -�- --- -- - - Assistant Se retary ice President STATE OF NEW JERSEY ss.' COUNTY OF SOMERSET On this - - 21st- __ day of -- _-July 19 88- , before me personally appeared M .Chael B. Keegan - a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New Jersey , that he is a Vice-President of SEABOARD SURETY COMPANY.the corporation described in and which executed the foregoing instrument,that he knows the corporate seal of the said Company,that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto as Vice-President of _sAid.Company by like authority FELICE M. CATALANO RY PUBLIC OF NEVI IERSEY ommission Exp. June 4, 1991 Notary Public C E R T I F I C A T E --• be, dersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing Is •'�(u0 tF nd correct copy is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appo^t an attorney-in-fact as provided in Article VII Section 1 of the By-Laws of SEABOARD SURETY COMPANY This Certificate may be signed and sealed by facsimile under and by autno•ity of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970 "RESOLVED (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness o_f a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII.Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved" IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this eavRETy nth- day of - ---- -.-.Tune ., 19 .-.90 1927 ry fOfNEW orm 95 ev 84) ^i'c 'j - -_ ,.,Ff-.,.,.,.,rriirt �. „ri it •�ri., .;i• ir, - r. ,. . .r, ,, i r y i t- it,, h ,,, V-j-fi110t d„'l,0Q I..,)'I'll, itt<. i 'I ,ir NOV V, •K RLIJIANOE INSURANCE COMPANY r Ab, HEAD OFFICE. PHILADELPHtA. P!_NNSVLVAN!A Ho is inchAod in thvt shown Bond NO. ed as 00 huVid as 1101r u BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A.DOCUMENT NO.A•310(FEB. 1970 ED.) KNOW ALL MEN BY THESE PRESENTS, that we GRIFFITH COMPANY, 2020 Yale Street, Santa Ana, CA 92704 , as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia,Pennsylvania,a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF IIUNTTNGTON BLACII as Obligee, hereinafter called the Obligee, in the sum of 'l'L•'.N PER CENT (70!) OF T.11L•' TO-]AL AMOUNT OF THE $Ill Dollars ($ ------------- for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for SPECIFICATIONS AND SPECIAL PROVTSION5 FOR GARFIELD AVENUE RESURFACII:G, `'j-"DTAN CONSTRUCl'TON AND LANDSCAPING BETUTLEN MAGNOLTA STREET AND OCC FCC-D05 IN THE, CITY OF HUNTINGTON BEACH, CA - PROJI'.CT #CC-139 NOW, THEREFORE. If the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bored or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for Cne prompt payment of labor and m, atenal fur- nished in the prDSecutron thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee 1he difference not to exceed the penalty hereof between the amount specified in said laid and such larger amount for which the Obligee may In good faith contract with anoifier party to perform the Work covered by said bid, then this obligation shah be null and void, other vise to remain In full force and effect. Signed and sealed this r.tl, day of JUNT, A-D. 1990 i e " Wrinc,pall _ (Seal) -- �- THOMAS L. FOSS IW lnese] -- ASST• DISTRICT MGR. ' iT,llel I i ELIANCE 1NSU NCE I AN 1 I Martha J . Chase, At y-in-Fact BDR-2305 Ed.-10.73 r� ,'� RELIANCE I CE COMPANY HEAD OFFICE,PHILADELPHIA.PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, Tlet the RELIANCE INSURANCE COMPANY.a corporation duly orgenleed under the iaws of the State of 14rtneylatnso,doers hereby maka,oonatlttne and appomt MARTHA J . CHASE of LOS ANGELES , CALIFORNIA -- -- -- - As true and lawful Attorney-in-Fact,to make.aaecute.seat and defrvilor for and on its bshalf,and as of act end deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP - - - and to bind the AELfANCE INSURANCE COMPANY thereby air furty and to tha Nrre extent p it svelt bonds end urtdertakrngt end other wttt,ngs oblValory in The future tteroof wore sigred by an Execxrtnvs Officer of the RELIANCE INSURANCE COMPANY and sealAd and attensd by one other of such off-cars.and hereby reti Goa and contacts&IF that in mid Attorneryfskri-FaC:may do in pursuance hereof This Power of Attorney Is pranced under and by authority of AM.ele Vll of the By-Laws of RELIANCE INSURANCE COMPANY which became effent,ve Septamber 7. 1979.which provisions are now in full force and affect.rsadrnq as follows ARTICLEVIt -. EXECUTION OF BONDS AND UNDERTAKINGS 1- The Board of Dirsoort.the PrM+dent,the Chairman of the Board.any Senior Vice Presrdant.any Vice Pr@4.c f rtl or Ali,stent Vice Prq,dent of othw officer deirgnatod by the Board of D,rettors chart have powet and authority to baI appoint Atlornays•,n.Fan and to suthptite them to ixocuit On betutf of the Company. bond and undattekingi. recOgnixancet- conlrmot of ndomn4ty and other writings Obligatory in the nature thereof.and ib1 to ram vie,any auch Attornery-m-Fact at any tines and revoke trot power and Authority given to him- 2 Attorneys-in-Fret their have power and authority.aubten to the terms and limitations of the Dower of attorney inuod to them.10 execute and deliver,on behalf of the Coripeny. bonds And undertakings.root gnitsnces.c4ntrocil of tndemnrly and Other writings Obltgat Ore in 1r+a nature thereof- The corporals sael is not namcury for the vt.drty of any bonds and undertakings.fecogn.=ancet.Contracts of rndamnrty Arid other writing►obtrpatory an she nature thereof- 3 Attorney!-rn-Fact "[I have poww and authority to axectfte aff.dav,ti reoutred t0 be OTISChed to bonds.rocognrianps.cOnlraCTS of rfwwm. arty or Other conditional cat c,bl'9atory undertakings and they shell also have power and authority to wily the frnanCref etatarn•nI of the Company and to copes of the By Laws of the Company or any article or section thereof. This power of attorney is Signed and waled by flam-mils under and by outhoerly of the follow ng Resolution adopted by she Board of ()senors of RE LIANCE INSURANCE COMPANY at a meeting held on the 5th day of June.1979.at vvh,cit a cluotum was present.end Lard Resolution hat not boon emended or tepreal•d -Flnolved.that the signatures of such drrectOfs and Off-tors and the teal of the Company may be affixed to any such power of attorney Or any eerthf.cata ralatinq thereto by fecermlle-and any tech power of attorney Or CerirfrC{ta bearing safch fa=rmtle &"Turn Or facsimile saaf sheI[ be valid and binding upon the Company and any such power to •xscvted and Coryrfred by lacs-nrla bgnaturers and faorm,le WI dell be valid and binding upon the C.Ompeny in the future with resp*ci to any bond Of under!raking to wrA.Ch it re miec tad_" IN WITNESS WHE REOF, the RELIANCE INSURANCE COMPANY has Cousad these preaanis to be s+gned by all Vice Preerdeni.and its corporate+aal to be hereto affrftad_this 2 3 r d day of J u n e 1987 RELIANCE INSURANCE COMPANY STATE OF Washington �- COUNTY OF King On that 2 3 r d deyof June . 19 87pentoneflyappeared Charles B. Schmalz to Ina known to be the Vres-Protidernt of the RELIANCE INSURANCE COMPANY_ and acknowledged that he a,acutod and attarted the fofegoing irtatfument and affixed the teal of said Corporation 0werto,and that Article VI I. Section 1, 2. and ] of the By-Lavvs of mid Company and the Resiolu- for+.an forth therein,are otift in fuff force. Mr Cornrytiw+oe Ea0*a: C-11 �t}may 15 .19 90 ;� Notary Ptr6ftc in and for Stfrt•yolj�.shin;�Z Rbrdirq at Tacoma I. Laurence W. Carls t rom ,Aaainent Secretary of the RELIANCE INSURANCE COMPANY, do harabtr certify that the above and foregoing to a ertfa and Contact ropy of a Power of Attorney executed by W4 RELIANCE INSURANCE COMPANY.xtMich ie trill in full force and wf act. IN WITNESS WHEREOF.1 have haifounto eet My hand and 0"ixed the 6i of said Cornoony this 4 Ch d"°f I 19 90 ftoR•taat Sea.erns i} Aa nu ern Sam" \_��' Laurence W. Carlstror , CHUBB GROUP of Insurance Companies CHUBB ... i_ar :t_:. :,.:�,' '., I;r . s;1') .,... .., _ NIJ FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, k_'<cel. Pavinq Conpany (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), - in_the sum of ten percent of the total amount of the bid Dollars ($ 1 Q o - ), for the payment of which we, the said Principal and the said Surety. bind ourselves, our heirs, executors, administrators, successors and assigns. jointly and severally, firmly by these presents- i E Sealed with our seals and dated this 22 day of May A. D. nineteen hundred and ninety WHEREAS,,the Principal has submitted a bid, dated June q 1990 for Garfield Avenue Resurfacing, No.CC-739 k i NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a con- tract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to per- form the work covered by said bid. if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect i { T�xce_' Paving Corrpajiy Principal / f By- C.F. Brown Nestuat 1 FEDERAL INSURANCE COMPANY By. kU5 a pp, AttorWy in FZIT -" k Form 1s02o002[per 7.83) 0-nmTF0 • '. .. ..- y 1 cGA POWER OF ATTORNEY ti Know all Men by these Presents. That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road. 4varren, New Jersey, a New Jersey Corpora- lion, has consriruzed and appointed. and does hereby ConSfftafe and appOinf Robert M. Minot , Martha J. Chase, ,.food D. Coats. Douglas A. Rapp and E. S. Albrecht , Jr. of Pasadena, California--------------------------------- each Its true and lawful AttorneyIn•FaCt to execute under such designation in Its name and to affix Its Corporate seal to and deliver for and on Its behalf as surety thereon or otherwise• bonds of any a' the following classes, to-wjl 1 Bonds and Undertakings filed In any suit, matter or proceeding In any Court.or filed with any Sheriff Or Magistrate,for the doing or not doing of anything specified In such Bond or Undertaking 2 Surety bonds to the United States of America or any agency thereof. Including(hose required or permitted under the laws or regulations relating to Customs or Internal Revenue.License and Permit Bonds or other Indemnity bonds under the laws.ordinances or regulations of any State.City.Town.Village.Board or other body or organization.public or private.bonds to Transportation Companies. Lost Instrument bonds: Lease bonds.Workers'Compensation bonds. Miscellaneous Surety bonds and bonds on behalf o•' Notaries Public. Sheriffs. Deputy Sheriffs and Similar public officials 3- Bonds on behalf of contractors In connection with bids- proposals or contracts 1n wimses Whereof.file said FEDERAL INSURANCE COMPANY has.pwSuant IO,IS By Laws caused these presents 10 be s•gneq by as Vice P•as6er.!and A5sivani Secielary and is corporate Seal 10 be 21)8re10 afI•.eo 1fi,3 1st oily of January i9 90 COroora'r 11 tutHrf .. 01 ! ,� w *s' FEDERAL INSURANCE COMPANY yFwJE ii By RI Moro D O con no, Vice President Assistant Secretary STATE OF NEW JERSEY SS County of Somerset on in's 1st data' January 19 go -be'ure me perwnaay came R,crwd D O Connor to rno-*i aria by"srxwn to tw Assistant Secretary C Ole FEDERAL INSURANCE COMPANY.the Corpolanon desCu,beC.n and wnrc•+e,ec,,tea rho rdregamg Powe'of Attorney ana the Sara Ricna'c D O'Connor oe,nq by me c.,ly sworn-ilia dep ose any say diet nC is Assslsn: CC rllar)Cr ire FEDERAL INSURANCE COMPANY ana knows the corporate seal irerev Ind:1"seal 3-fixed:o the forego nq flower of Ahoiney❑Sr.G.corporate seal an:was:ne'ete 6111160 by aulho"If of the By taws of Said Company.any that he s-gne0 Sa,o Poser a'Arorne,as Ass slanr Secieldy of said Company by like aulho-,1'y.and that Me is acq.fa ntoc w Y+Ja^es 0 D,:Oh ant:knows him to be Inn Vice Presoenl of sa-d ComPaMt- ano that the signature of sa-d names D D.,on svbsCr,be',13 said Po vc O'Aiierney is in Ine genuine handwrn,n9 Cl sa a James D D,,cr ono was iMereio sutisci.Deo by aver-0I if o'sa a By Laws air•n�,epcner:y piesen+,- Notarial S �f. T A 9 Oft NYna..Bdged arx;Sworn 10 OelOr!me U NOTARY C— Da'he Cale above wn:1e^. Z• e PUBLIC A T PASCULLI Notary Public CERTIFICATION Notary PvGbc. Slate of iVOw kxfa% STATE OF NEW JERSEY 4'� 20.65518 SS [crtmisslan E.prres Oanber 2, 1994 County of Somerset I,the unaersignoo_Assistant Secretary o+the FEDERAL INSURANCE COMPANY_dO he'eby Certify the:Ine loilowng rs a true eycwpf•rpm the By Laws of Ina Said Company as adopiec by us Board of D,reaors on March n- 1953 and most recent',amended Mach 5 19B6 and that this By La.,is,h I�l:force and a9ecl ARTICLE XV:II SlCI-01 2 Aif bonds underla.r:1"y3_contracts and ofhe-,risirurments other than as above 10,ahc on beraff of the Cbmgany wh,Ch q is aurror-rec by law or its CMa'Ter to avecuie may anc shall Ce eveculer' in the name anO on behalf of the Company either by the Chafrr^an or the Vice Chairman or Ine Prevoeri o: a Vice Pies vent lU,ntty with me Secre:ay o'ail ASS.star:ScCretaff Lraer the•�eSOwci-ye deS,QraI,OnS.ozcepi inai any one Of mere Dtlicers or ahoineyym tact aasign ilea in any resaulion of Ine Board O'D scion or IMP Erec,itrve Comminee_or ir.any pow'e-of allorrw e•eCuteo as provided for in Seci3On 3 below may execute any such bond.undenakinq or Other OO:,gal,On as prov,deC in Sucr reSOfdhon or rawer o'&110'mey Soclipn 3 As powerS o:a:tp/ney rip and On OOI All of it*Campa-ry may and SMah be eaeculec in the none JM on behan O'the Company&:I e,try the Chairman o'the V.Cr Chairman of the P•aswdani Or a V,CP PresUen: or on ASS1s:arlr V,Ce Presiden:-dimly with iMe Secretary of an Assistant Secretary.vnda'the-,resaearye CeS,gnai3Ons The%gnaio,e of sucr Oh,Cie s may be engraves_D'in:ea Of IlihpgraPreC me s goal we of eaLl' of the IoflOmrwg off-ceq Chairman.Vice Chairman.President,any Vice Presige•il-any ASS.Sfan:Vice PreSioent.■nv Soc rotary.arty AssiStan!secretary a,o:ne sea;of the Company may De sit aced by facsim-le to any por.er d looney a ID any CM,M1cate ralaLflg Ih+e,e,D W'7Dfrlt�i(f Ass,s:arl$et rare nesW AnprpyS.,nFacl b-[t.=Oases Orily 01 taaCv7»g a1W ahlS',ntJ DOndS any u�Uenai rags a>{)D`l.e.wrrings obl�y[ry,n!fir nNJ/e thereo'.and arty suCh Doyre'of attorney or cerli+,cafe bearing such lacc,mae signature o•Iacs,m:e seal sMett be yaha a•+C Nnaing upon ine Co�aany ana any su,•i poser sc execured an e d: rt,hed'rf suC'1 fit=S,m,ie signature and lacsimile seal snail be valid and D,no,nq uoon Ine Company with re"Cl to any bona or unaerakmg:0 which r,S arlaCheC I lunner comfy:hat$a n FEDERAL INSURANCE COMPANY is duly tcensed io:ransan fidelity and surety D,,s,ness in each of:rte States of fine Unaeo States of America Umnp or Colu-nn,a f oa,,o R,cc arts ear-n+me Plarnnces Of Canada..In the escernion of Pr,nce EdwYC Isla no.ana,s also duly licensed to beCOme sole surely on bOAOS-undahaungs-al[_pe'mere_Or requited Dy law I-the undersigned Ass,sfani Sacrelary d FEDERAL fNSURANCE COMPANY d0 hereby Ceniry rhar the rOrego,nq Rower of Attorney rS in full rOy:e and eHoCr Gryen vnoer my hand and the seal or sera Company at Warren.N J.this _ 22 _ day D' 1 Y1 V — 19 QO Gdrpaan Sat 77),Ive �511��rCe Aas+sum Secretary 74 W- i} yf�'J E4t5�A Fomr12i-i()-0333(Rev 769)GENERAL .'i CHUBB GROUP of Insurance Companies (—,HUE3E3 FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount S Know All Men By These Presents, That we, Shc-nrnan Corporation (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto City of lluntirqtun Peach (hereinafter called the Obligee), in the sum of 'Den Percent (10%) of the total amount of the bid Dollars ($ 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 25th day of May A D_ nineteen hundred and Ninety WHEREAS, the Principal has submitted a bid, dated Jury 4 19 90 for Garfield Avenue, R_,surfacincj, Modian Construction and Landscaping between Magnolia Street and 0CFCC-D05 East of Persinmn Street CC-739. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a con- tract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, of in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to per- form the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect Sha_wnan-Car.wv.at ion Principal /�^ [�' / / By. RONALD G. MARTEL, VICE PRES. & SEC. FEDERAL INSURANCE COMPANY .I X� By- Linda D. Coats, Attorney in Fact FOrm 15.02 0002(R,1v 741) --P.-TEC, IN POWER OF ATTORNEY Know,all Men by these Presents- That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road. warren, New Jersey, a New Jersey Ct : lion, -Constituted and appointed. and does hereby constitute and appoint Robert M. Minot , Martha T. Chase, Linda D. COS, Douglas A. Rapp and F. S. Albrecht , Jr. of Pasadena, California------------------------------- each its true and lawful Attorney-in-Fac, to execute under such designation in its name and to affix Its Corporate seal to and deliver for and on its behalf as surety thereon or otherwise. bonds of any of the following classes. to- wit-1 Bonds and Undertakings filed in any suit. mailer or proceeding in any Court.Or filed with any Sheriff or Magistrate,for the doing or not doing of anything specified In such Bond or Undertaking 2 Surety bonds to the United States of America or any agency thereof.Including those required or permitted under the laws or regulations relating to Customs or internal Revenue;License and Permit Bonds or other Indemnity bonds under the laws,ordinances or regulations of any State.City,Town,Village. Board or other body or organlzanon,public or private:bonds to Transportation Companies. Lost Instrument Donds.tease bonds.Workers'Compensation bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public. Sheriffs. Deputy Sheriffs and similar public officials 3 Bonds on behalf of coniraClorS in connection with bids, proposals or contracts In Witness WMrsol the Sao FEDERAL INSURANCE COMPANY hey pursuant to IS By LAWS caused these presents to De signed by Its'Vice Preside+4 a„e Assis+ant Secretary and its coroo die sea: to be nereto affixed:nis 1 S t day o' January is, Corporate ujILA W y ti ■ • FEDERAL INSURANCE COMPANY ff`rJE �i - r By - J s D o xan A.Inaro o b Connor vice President t Aael rim Secretary STATE OF NEW,JERSEY SS County of Somerset On this I S t as-r of January t9 go .befo'e me pefsonaly came R,cnartf D O Connor io me known ahe by me kr cwrn t0 oe ASS Star.:Secretary of the FEDERAL INSURANCE COMPANY.Ine Co,Dofal,on Cesc'-bed in and wn cA executed toe forego ng Power 01 urornery.and the said RlChard D O'Conno-tMing by me ou:y nwo:n,did depose and say ma:he s Ass star.]Secretary o!me FEDERAL INSURANCE COMPANY an0.ro wS the corparate seal Ihe'eo'.that 1ha seal arl:zed tD the foregoing Power of Ano-ney 6 Such corporate Seal and was Inereto a iiaed by author'ly or me By L.awls Or sad Company-and that he Signed said Power 0!Artafney as ASSISrant Secretary of said Com0a'ty by like aulhonly.and inaf he is accivainred with James D D on and knows him to be the vice President of 384 Company and that the signature of say]James D O,(in subset hed:o said 0'AI-orn(ry.S,n me genuine nandwruing of saw James D Divan and+was:hereto s.,oscnoed by autnctay of said BydJvrs and in deponer.!s Nesence Nola,-a'S SET A p� ,Sit Acxnowiedgee one Sworn 10 be]Cre me C..] NOTARY G � on it die atioo w,nlen PUSOC yFyy lEgS�ye. NIC I_ETfE T PASCULl1 Notary Pud•t CERTIFICATION Notary Public, State of New Jersey No 1u555t8 STATE OF NEI JERSEY - SS. Commission E,p•fcs October 2, 1994 County of Somerset I-fame unders-gned Assistam S/Crelary al Ina FEDERAL INSURANCE COMPANY.do hereby Certify mer me following is a true excerpt Irom the By-LA"Of in*said Company as adopted by its Board GI Daeclo-s on Ma-ch n- 1953 and most recency amended fAdlch 5- 1986 and trial Ihis By Law.s in full farce one effec! 'ARTICLE xvnl Swc!-on 2 All bonds undertakings-Coexac:s and ane!insrumsnls other Inan as above for and on behalf of the Company which it is ou]hartaed by law of its charter to exacuw may and Inall be SFKuled in the name and or oehuf ol the Company either Dy Ina Chairman of Ihe vice Chairman of the Presraenl Or a Vice P!0S,den7,family weh me Secretary o-an Assislam Secretary Linder Ineit resoeaive dhsgnatwns-weep:that any one or move officers or altorneys m-facl designated in any rasdurion Of the Board ill puectb7 or the Exe-vi"Committee.or in any power G attorney exneuied as provided lot in Section 3 below may execute any such bond undenaking of other obligation as provided in such resolution oi power of attorney Section 3 All powers ow ahorney lot and On berWi of the Coma"may are Shall De executed In the name and on behalf a the COmbaity-er.rW Dy:fM C!sarman or the vice Chairman or the PraSi0enl or a vice Pres dent 0•an Assistant Vice PlOSidenl-p.,ity with rile,Secretary or an Assistant Secretary under the*rOSDective desgnafgns The signature of such off.ters may be engraved,primed or Inhographed The signature of each 0!the follow:ng officers Chairman.Vice Chammon.President-any V,Ce President.any Assrsianl Vice President.any Seaefary.any Ass.siani Secrerary one Ina seal of the Company may De affixed by facsimile to any power of anoxeey a a drift certificate relating irweio appo"ing Assistant Secretaries or Anorneys-,n.Fap Ion purposes only of nxeumng and&nesting cords And undertakings and other writings oafgalory in the nature irw".and any sucn power of and nev or certificate beating such facsimile s.gnalure of lnuvrnJe seal matt be valid and binding upon me Cofnpany and a'ty Such Power s0 excelled and catidred by such facsimile signature and IaCSim-le seal shall De valra and binning upon we ComDany wilh re3peci to any bond or unde.lawing to wh,Ch it Is aaached' I lulins,cenity that said FEDERAL INSURANCE COMPANY is duly licensed 10 transact h0e11fy and surer DusmeyS,n eaCn Or the States Of the UnifM Sates of America-Disvict Df Columba-Puerto RICO.and each of the ProwincasdCanadav!hrhaexCOC)I*no!Prince Edwudlsland anC40IS00utyk-CenWto Dacomesofeswaly On DOACS-urdertak+ngS.01C-permaracof roWired bylaw I,the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY,do hereby certify that the foregoing Power 0f Atlolney is in full force and et eCl c Given unOar my hand and Ine seal of saw Company a:warier..N J.this 2 5th day of 1"la .19 90 Corporate sit I �VLA AsalSUnf Secretary L7. tut tY W.` an'HtED w Fo:m2:-i0-C3MjRew 7-891GENERAL USA t � t RECEIVED CITY CLERK E'7Y of Ju q 2 of PM � x r a 't7 �{ r Y PULE.C NOTICE ( PUBLIC NOTICE I PUBLIC NOTICE ( PUBLIC NOTICE NOTICE INVITING SEALED BIDS CC-739 Notice is hereby given that the City Council of the City of Huntington Beach,California will receive bids for the repairing, resurfacing, construction and landscaping of medians on Garfield Avenue 'between Magnolia Street and OCFCC -1305 East of Persimmon Street In the City of Huntington Beach,California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on May 14, 1990. A charge of $10.00,not refundable,will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity 1. Landscaping including all stamped concrete,irrigation soil and plats in place Lump Sum 2. Excavation of asphalt concrete 3,390 C.Y. 3. Eight inch median curb In place 6,467 L.F. 4. Coldplaning 36,635 S.F. 5. Asphalt concrete base course in place 3,573 Tons 6. Asphalt concrete surface course with latex in place 3,287 Tons 7. Asphalt emulsified seal coat in place 77,300 S.F. 8. Crack sealing in place 200 L.F. 9. Replace detector loops 30 Each 10. Adjust sewer manholes 8 Each — 11. Reseal inside wall of raised sewer manholes 8 Each 12. Adjust water valves 8 Each 13. Construction traffic control including temporary striping as necessary Lump Sum 14. Furnish and install 18"wide reinforcing fabric over cracks including asphalt binder 300.S.F. 15. Heater remix 165,733 S.F. In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages,applicable to the work to be done;copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach,California. Plans and specifications,together with proposal form,may be obtained at the office of the Director of Public Works,City Hall, Huntington Beach,California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements,set forth in the specifications,for full directions as to the bidding. The above quantities are approximate only,being given as a basis for the comparison of bids,and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to Increase or decrease the amount of any class or portion of the work,as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to Insure performance shall be permitted in accordance with provisions of the California Government Code,Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing,2000 Main Street,Huntington Beach,California;shall be sealed and filed with the City Clerk at the Civic Center,Second Floor Administration Building,2000 Main Street, Huntington Beach, California, on or before 2:00 P.M. of June 4, 1990, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday,the 18th of June, 1990,at the hour of 7:00 P.M.in the City Council Chambers in the Civic Center of said City of Huntington Beach,and shall be acted upon by said City Council at the regular meeting of June 18, 1990. The City of Huntington Beach,California reserves the right to reject any or all bids,and to accept the bid deemed for the best interest of the City of Huntington Beach,California. By order of the City Council of the City of Huntington Beach,California this May 7, 1990. ATTEST: CONNIE BROCKWAY,City Clerk Published Orange Coast Daily Pilot May 14, 21, 28, 1990 M887 /iihorized to Pubrsh Advor isements of all kinds including public notices by Decree of the Superior Court of Orange County. California. Number A-6214, September 29. 1961. and - A-24931 June 11, 1963 y STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforespid; I am over the age of eighteen y6ars, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and pubrished in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a tfve and complete copy as was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: May 14, 21, 28, 1990 declare, under penalty of perjury, that the foregoing is true and correct. 28, Executed on May , 3 99 0� • at Costa Mesa, Califomia. 2JD2LL On b I 1�0 1 Signature 3354tUO PROOF OF PUBLICATION '7)a REQUEST 0RvC1TYIT-d- WWI ACTION s_ 19...._-.At May 7, 1990 .. CITY C7-EIiK Submitted to: Honorable Mayor an ity Council Submitted by: Michael T. Uberuaga, City Administrator r Prepared by: Louis F. Sandoval, Director of Public Works Subject: GARFIELD AVENUE BETWEEN MAGNOLIA STREET do OCFCC — D05 W `r EAST OF PERSIMMON STREET; CC-739 J T Consistent with Council Policy? ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Plans and specifications for the reconstruction and resurfacing, including median landscaping of Garfield Avenue between Magnolia Street and OCFCC — D05, east of Persimmon Street have been completed. RECOMN EN12ATLION: I. Approve the plans and specifications and authorize the Director of Public Works to solicit bids for construction. 2. Approve the attached contract subject to award of contract to Council approved lowest responsible bidder. ANALYSIS: The asphalt pavement on Garfield Avenue between Magnolia Street and OCFCC — D05, east of Persimmon Street (0.75 miles) has deteriorated to a point where maintenance requirements are increasing and rehabilitation measures are desirable at this time. The proposed reconstruction and resurfacing of Garfield Avenue will extend the service life of the pavement another 15 years. Raised, landscaped medians in accordance with the Master Plan for Arterial Street Landscape Development will also be constructed with this project. This project was submitted and approved for participation in the City/County Cooperative Arterial Highway Financing Program. In addition, 9% of the project cost will be funded by the City of Fountain Valley as a portion of the project falls in their city. FUNDING SOURCE: City/H.B. LA X) Am i /F.V. Total Street Improvements $265,648.00 $210,000.00 $48,354.00 Landscaping 151.880.00 TOTAL $417,528.00 $210,000.00 $48,354.00 $675,882.00 . V Pio sia5 Request for Council Action Garfield Avenue; CC-739 May 7, 1990 Page 2 ALTF.RNATM ACTCON: Deny approval of construction and forfeit AHFP funds. ATTACHMENTS: Location Map Sample Agreement MTU:LFS:AAF:lw 2394g/3 & 4 y ^`IIT,IEhpYEHTS n aww tn+ - \ ...I CIRCULATION PLAN OF ARTERIAL � - _ STREETS AND HIGHWAYS TADOPTED BY MY 0ar0.r \: RESOLUTION NO 4368-DEC 12.1976 7 LEGEND-. FREEWAY STREET CAPACITY MAJOR _45.000 E ri PRIMARY_ _3Q000 SECONDARY _201000 e NOTE- SOLID LINES ndUTE EXISTING RIGHT OF WAY NOT NECESSAPY-Y LtLTPJA7E RIGKT of wAY I DASHED LINES FOGATE •RELS WHERE NO RIGW OF V= EXISTS F l ` I 3 �. \ GT U� HTCXtiti 4. vA��EY \ tl y0.• I / __^ r 1 r ssc LocAT-- i • . 1 If 0. I o .r CITY OF qz '' -----` HUNTINGTON BEACH ORANGE COUNTY CALIFORNIA r'I I t � 6ARPELD AVE . BETWEEN MNExNOUN OCPc- - O9 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE RECONSTRUCTION OF GARFIELD AVENUE (CC-739) TABLE OF CONTENTS # TITLE PAGE(S) 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2 . ACCEPTANCE OF CONDITIONS OF ORK; PLANS AND 2 & 3 SPECIFICATIONS 3 . COMPENSATION 3 & 4 4 . COMMENCEMENT OF PRO E T 4 5 . TIME OF THE ESSENCE 4 6 . CHANGES 5 7 . NOTICE TO PROCEED 5 8 . BONDS 6 9 . WARRANTIES 6 10 . INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 7 & 8 12 . DIFFERINQ SITE CONDITIONS 8 & 9 13 . VARIATIONS N ESTIMATED QLIANTITIES 9 & 10 14 . PROGRESS PAYMENTS 10 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF $ECURITIES 10 & 11 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE_, HOLD HARMLESS 11 & 12 19 . WORKERS' COMPENSATION INSURANCE 12 20 . INSURANCE 12 & 13 21 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 13 & 14 22. DEFAULT AND TERMINATION 14 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER_DQCUMENTS 14 24 . NON-ASSIGNABJLITY 15 25 . CITY EMPLOYEES AND OFFICIALS 15 TABLE OF CONTENTS TITLE PAGE 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 15 27 . IMMIGRATION 15 28 . NOTICES 16 29 . CAPTIONS 16 30 . ENTIRETY 16 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE RECONSTRUCTION OF GARFIELD AVENUE (CC-739) THIS AGREEMENT is made and entered into on this day of 1990, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and , a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the reconstruction of Garfield Avenue in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1 . STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by -1-- 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 CONDITIQNS OE WORK• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms , conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions , amendments or addenda thereto; -2- D. The 1988 edition of Standard Specifics1tionsfor Public Works Construction, published by Builder ' s News, Inc . , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW, " ) without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of -3- DOLLARS ($ ) , as set forth in the Contract Documents , to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten ( 10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) working days from the day the "Notice to Proceed" is issued by Department of Public works, excluding delays provided for in Section 11 herein. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors , subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with 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 . -4- 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. 7 . NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. -5- 8 . BONDS CONTRACTOR shall , prior to entering upon the performance 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. -6- 11. LIQUIDATED _DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth in 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 Dollars ($250 . 00) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth 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 . 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 -7- 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 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 IT TION ( 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 _g� 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 QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and -9- make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall -10- 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 F SAIISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all -11- costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATIQN INSURANCE Pursuant to California b r Code §1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder . CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100 , 000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability 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 -12- for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000 , 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 . CERTIFICATES QF IN R E• ADDITIONAL INSURED ENDORSEKENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its -13- representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DEFAULT AND TERMINATION I£ 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 Hof 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. 23 . DI$PPOSITION OF PLANS, ESTIMATE5AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans , specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . -14- 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof , or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California G ,vernment�Code Sections 1090 et seq. 26 . STOP NOTICES: RgCOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One -Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 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 . 27 . IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U. S.C. §1324a regarding employment verification. -15- 28. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR' S agent (as designated in Section 1 hereinabove) or to CITY' S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed as follows : TO CITY: TO CONTRACTOR: Louis F. Sandoval Director of Public Works 2000 Main Street Huntington Beach, CA 92648 29 . CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement . 30 . ENTIRETY The foregoing represents the entire Agreement between the parties . 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: CITY OF HUNTINGTON BEACH a California corporation a municipal corporation of the State of California By: Mayor Its : -16- By: Its: ATTEST: APPROVED AS TO FORM: City Clerk C' ty AttorneyZia y/zG�9v NOR REVIEWED AND APPROVED: INITIATED AND APPROVED: Rai - City Administrator Director of Public Works -17- NOTICE INVITING SEALED BIDS CC-73Y Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the -esurfacing. cgnstrmctiQnlandsCaping mtdians gri Qarfieldv r —DQ5 East—Qf Persimmon Street in the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be available on May 14, 1990, A charge of $10.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTQR OF PUBLIC WORDS ESTIMATE Work Item Quantit 1. Landscpaing including all stamped concrete, irrigation, soil and plants in place Lump Sum 2. Excavation of asphalt concrete 3,390 C.Y. 3. Eight inch median curb in place 6,467 L.F. 4 Coldplaning 36,635 S.F. S. Asphalt concrete base course in place 3,573 Tons 6. Asphalt concrete surface course with latex in place 3,287 Tons 7. Asphalt emulsified seal coat in place 77,300 S.F. 8. Crack sealing in place 200 L.F. 9. Replace detector loops 30 Each 10. Adjust sewer manholes 8 Each 11. Reseal inside wall of raised sewer manholes 8 Each 12. Adjust water valves 8 Each 13. Construction traffic control inccuding temporary striping as necessary Lump Sum 14. Furnish and install 18" wide reinforcing fabric over cracks including asphalt binder 300 S.F. 15. 1leator reinix 165,733 S.F. N-1 In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing 'rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 P.M. of dune 4- 1990, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported tothe City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the _LM of June. 129Q, at the hour of 7:00 P.M. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of ,tune 18. 1990. The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this May 7. 1990. ATTEST: �QMi Br wad_._ C ity Clerk N-2 BID PROPOSAL Firms Name a To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the repairing, resurfacing, construction and landscaping of medians on Garfield Avenue between Magnolia Street and OCFCC - D05 East of Persimmn Street. CC-139 1 hereby propose and agree to enter ln�o 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 Incidental work necessary to deliver all the improvements complete in place In strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, 1 propose and agree to take full payment therefore at the following unit prices; to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL Landscaping including all stamped concrete, irrigation, soil and plant I . IA" Sim in place for __per 1 UMP sirn. Excovation of asphalt concrete for ?. 3,390 C.Y. per cubic yard Eight inch median curb in place for 3. 6,467 L.F. per linear foot,_ P-1 J ITEM ARROXIYATi ITDA VOT14 UNIT PRiCi UNIT TOTAL NO. OUAPMTY WRITYRN IM WDPAW PRISE Coldplaning for 4. 36,635 S.F. per square foot. Asphalt concrete base course in place for 5. 3,573 Tons per ton. Asphalt concrete surface course with latex in 6. 3,287 Tons place for per ton Asphalt emulsified seal coat in place for 7. 77,300 'S.F. per square foot. Crack sealing in place for per lineal foot. Replace detector loops for 9. 30 Each per each. Adjust sewer manholes for 10. 8 Each per each. Reseal inside wall of raised sewer manholes for 11 . 8 Each per each. Adjust Water valves for 12. 24 Each per each. Construction traffic control including temporary striping as necessary for t ump Sum �---- — - per lump sum P-.2— I ITEM APPROXIMATE ITOi YRTH UNIT PRICE UNIT TOTAL NiO. OUAWITY MRITTEN IN MORCR Furnish and install 18" Wide reinforcing fabric over cracks including asphalt binder for 14. 300 S.F. per square foot. Heater remix for 15. 165,733 S.F. per square :foot. "AL It Is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or (ass that those shown herein at the unit prices bid In the proposal schedule. The undersigned understands the contract time Ilmit allotted for the contract Is 60 calender 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 wlth(n ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specificationi, and the proposal and contract forms therefor. The submission of a bid shill be conclusive evidence that the bidder has Investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal Is 4__ ). NOTICE: Insert the words "Cash,a aCertifled Check,+ or 06idder's Bond,' as the case may be, In an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Reach, 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 fall to execute a contract for doing said work and to furnish good and sufficient bonds In the form set forth In the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed In accordance with an act provlding for the registration of contract License No. Signature of Bidder Business Address Place of Residence Late this day of 19 Bidder shall signify receipt of all Addenda here, If any: Addendum No. Date Received Bidder's Signature P1+— PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached if necessary. I. Firm Name: 2. Address: 3. Telephone: 4. Type of firm—individual, partnership, or corporation: 5. Corporation organized under the laws of the State of: 6. Contractor's License Number: Expiration Date: (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: _ T 8. Number of years experience as a contractor in construction work: 9. List at least six projects completed as of recent date: CONTRACT CLASS OF DATE NAME, ADDRESS & PHONE AMOUNT WORK COMPLETED NUMBER OF OWNER 10. List the name of the person who inspected the site of the proposed work for your firm: 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. r P ` y 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 plate 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 contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor, Only one subcontractor for each portion shall be listed. If the contractor falls 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 ender 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 STATE LICENSE {� OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS ¢�t 1 r I I 1 I Fly submission of this proposal, the contractor certifies: I. That he Is able to and will perform the balance of all work which Is covered In the above subcontractor listing. r 2. That the City will be furnished copies of all sub—contracts entered Into and bonds furnished by subcontractor for this project, I7 6— i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being first duly sworn, deposes and says : 1 . That he or she is of the party making the foregoing bid; 2 . That the bid is not made in the interest of , or on behalf of , any undisclosed person, partnership, company, association, organization, or corporation; 3 . That the bid is genuine and not collusive or sham; 4 .. That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; 5 . That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract ; 6 . That all statements contained in the bid are true; 7.. That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof , or divulged information or data relative thereto , or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid . I declare under penalty of perjury, under the laws of the State of California , that the foregoing is true and correct . ATTAC:[{ APPROPRIATE CFRTIFICATION OF NOTARY PUBLIC HERE . P-7- R. J . N0B1,E.:C0MPANY BID PROPOSAL Firms Name To,the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the repairing, resurfacing, construction and landscaping of medians on Garfield Avenue between Magnolia Street and OCFCC -- D05 Fast of Persimmon Street. CC-739 I hereby propose and agree to enter In;o 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 Incidental work necessary to deliver all the improvements complete In place In strict conformity with the plans, specifications and special provisions, on file In the office of the Director of Public Works, City of Huntington Beach, California, 1 propose and agree to take full payment therefore at the following unit prices; to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL Landscaping including all stamped concrete, irrigation, soil arldants. 1 . late Sinn in place for ONE HUNDRED THIRTY THOUSAND DOLL-ARS�r lump sin. 130 , 000 . 0 130 , 000 . 00 Excavation of asphalt concrete for 1. 3,390 C Y. TWENTY SEVEN DOLLAW cubic vard 27 . 00 91 , 530 . 00 -N07-CE%-TS-' ---- !"sight inch median curb in place for FOUR DOLLARS & FIFTY CENTS 4 . 50 29 , 101 . 50 3. 6,467 L.F. __per 1 inear foot P-1 ITEM AFPROXNMTI IT214 VOTH UNIT FRIG UNIT TOTAL NO. 0LU M rV NIIITTlW IN MOIMS "ICE Coldplaning for g. 36,635 S.F. EIGHTEEN CENTS . 180 6:1594 . 30 per square foot. Asphalt concrete base course in place for 5. 3,573 Tons THIRTY DOLLARS F, NO CENTS 30 . 00 ,107 , 190 . 0 per ton. Asphalt concrete surface course with latex in 6. 3,287 Tons Mace for THIRTY i=IVE DOLLARS & NO CENTS per ton 35 . 00 11S , 045 . 0 Asphalt emulsified seal coat in place for 7. '27,300 S.F. TWO CENTS . 02 1 , 546. 00 per square foot. Crack sealing in place for 8. 200 L.F. ONE DOLLAR � NO CENTS 1 . 00 200 . 00 per lineal foot. Replace detector loops for 9. 30 Each TWO HUNDRED TEN DOLLARS F, NO CENTS 210 , 00 6 , 300 , 00 per each. Adjust sewer manholes for 10. 8 Each TWO HUNDRED DOLLARS & NO _CENTS 200 . 00 1 , 600 . 00 per each. Reseal inside wall of raised sewer manholes for TWO HUNDRED EIGHTY FIVE DOLLARS F, 28S . 00 2 , 280 . 00 11 . 8 Each NO CENTS per each. Adjust water vales for 12. 24 Each ONE HUNDRED NINETY FIVE DOLLARS F, NO CENTS per each. 195 . 00 4 , 680 . 00 Construction traffic control includin temporary striping as necessary for TW NTY'-Tf�CIUS D 1 .1. 1 t,mp Stem DOLLARS F, NO CENTS � per lump sum 20 , 000 . 00 20 , 000 . 00 P-2-- ITEM ARROX6MATE ITEM VOTH UNIT PRICS UNIT No. QUANTITY WIPIr" N IN WDF= VR" TOTAL Furnish and install 18" wide reinforcing fabric over crac ncluding asphalt binder for po ig. 300 S.F. TWO DOLLARS & NO per square foot. .2�lak 600. 00 Heater remix for FIFTEEN CENTS . 150 24 , 859 . 95 15. 165,733 S.F. per square foot. TOTAL $5412526 . 7S FIVE HUNDRED FORTY ONE THOUSAND , ! IVE H NDRED TWENTY SIX DOLLARS SEVENTY FIVE CENTS p_3 It Is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities In the completed work, whether they be more or less that those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract Is 60 calender 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 begirt work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has Investigated and Is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is 101OBid Bond Attached - - - - - - - - - - - - - - - NOTICE: Insert the words "Cash,' 'Certified Check.' or $Bidder's Bond,° as the case may be, In an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal Is accepted by the City and the undersigned shall fall to execute a contract for doing said work and to furnish good and sufficient bonds In the form set forth In the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. A- 121735 R. J. NOBLE COMP-ANY NEIL EVANS VICE PRESIDENT Signature of Bidder Business Address 15505:.E. Lincoln Avenue , Orange ,,: CA. 92666 Place of Residence 1030 Pacifica DR. , Placentia , CA. 92670 Date this 4th day of June , 19 90 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature NONE NONE - ---�-��-- -- -- NEI R. E A: VICE PRI:SIUEN'I' P-4- PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached if necessary. 1. Firm Name- R. J . NOBLE COMPANY 2. Address: 15505 F. Lincoln Av. 3. Telephone: 724-637- 1SSU Orange , CA. 92666 4. Type of firm--individual, partnership, or corporation: CORPORATION 5. Corporation organized under the laws of the State of: CALIFORNIA 6. Contractor's License Number: A- 1 217 3 5 Expiration Date: 7/31/9 0 (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: PAUL H. CLEARY , JR. , PRESIDENT WILLIAM 'TIMOTHY CARVER, SECRETARY VEIL R. EVANS , VICE PRESIDENT JAMES IF. KINDEL , JR. , TREASURER S. Number of years experience as a contractor in construction work: 40 y r s . 9. List at least six projects completed as of recent date: CONTRACT CLASS OF DATE NAME, ADDRESS & PHONE AMOUNT WORK COMPLETED NUMBER OF OWNER 129 410 NEW110PE TO EIARB. R 5/90 CITY OF GARDEN GROVE Brooichur7 9637321 373 , 930 Talbert toWarner 3/90 CITY OF: FOUNTAIN VALLEY Edinger Av. , to 730 , 826 East City Limits 3190 CITY OF SANTA ANA Valley View St . I pts . 521 - 1121 1 42U 460 7 F w • 3190 CITY 0 BUENA PARK 472 578 Residential St . 738-6S2 9189 CITY OF FULLER'TON 319 , 683 TRo const1VG 10/89 CITY OF PLACENTIA 10. List the name of the person who inspected the site of the proposed work for you:- firm: NEIL R. EVANS, VICF. PRESIDENT Date of Inspection: MAY 28 , 1990 11. If requested by the City, the bidder shall furnish a notarized financial staterr:(:;;,, _ financial data, or other information and references sufficiently comprehensivE ;o permit an appraisal of his current financial condition. DESIG&ION 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 (I Y*) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter sat 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 STATE LICENSE (pl OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS Q` LANDSCAPfNC,, PHOENIX LANDSCAPE, INC . # 284586 1817 Glenview Anaheim CA. 92807 y STAMPED SULLIVAN CONCRETE CONCRETE 1111 Baker St . , Costa Mesa , CA. 92626 CONCRETE J01IN JF.ZOWSKI , INC .- # 242898 C8 748 No COLT? L .N . W. ENGINEERING # 489879 ' PLANING P. O. Box 427 , Chino , CA. 91708 I ELECTRICAL SMITHSON ELECTRIC , INC . #526079 ' 3900 Miraloma Av. ' S I GINS J & S I GNCCOMPANY 822 West Kate Ila Orange CA. 92667 HEATER VULCAN ASPHALT PROCESS Co. , INC . REMIX P. _.0.'. 856 , Isleton , CA. 95641 i Ily suhmisslon of this proposal, the contractor certifies: 1. That he 1s 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-6— STATE OF CALIFORNIA ss. COUNTY OF ORANGE On this 4th day of June in the year 19 , I before me, the undersigned, a Notary Public in and for said State, personally appeared i NEIL R. EVANS , VICE PRESTDENT ......::..............................::::::::::..::... OF R. J. NOBLE COMPANY OFFICIAL REAL ' personally known to me M A GROSKOPF '• (or proved to me on the basis of satisfactory evidence) to be the person who executed the NOTARY Pu3uc•CALIFORNIA! within instrument on behalf of the Corporation therein named, and acknowledged to me that F PRINCIPAL OFFICE IN ORANGE COUNTY the Corporation executed it. MY COMMISSION EXPIRES APR. 21, 1993 WITNESS my hand and official seal. ACKNOWLEDGM ENT—Corporation—Wolcotts form 222CA-X—Rev.5-82 Not ry ublic in and for s id tate. ©1982 WOLCOTTS,INC. (price class 8-2) NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID NEIL R: EVANS , being first duly sworn, deposes and says : 1 . That he or she is VICE PRESIDENT of R. J . NOBLE COMPANY the party making the foregoing bid; 2 . That the bid is not made in the interest of , or on behalf of , any undisclosed person, partnership, company, association, organization, or corporation; 3 . That the bid is genuine and not collusive or sham; 4 . That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; 5 . That the bidder has not in any manner, directly or indirectly, sought by agreement , communication, or conference with anyone to fix the bid price of the bidder or any other bidder , or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder , or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract ; 6 . That all statements contained in the bid are true; 7 . That the bidder has not , directly or indirectly, submitted his or her bid price or any breakdown thereof , or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid . I declare under penalty of perjury, under the laws of the State of California , that the foregoing is true and correct . R. J . NOBLF. COMPANY NEIL . EVANS, CE PRESIDENT ATTACH APPROPRIATE CFRTIF1CATION OF NOTARY PUBLIC HERE. F f- • P-7- STATE OF CALIFORNIA COUNTY OF ORANGE }Ss. + On this 4th day of June in the year 1999 before me, the undersigned, a Notary Public in and for said State, personally appeared NEIL R. EVANS , VICE PRESIDENT OF R. J. NOBLE COMPANY , personally known to me OFFICIAL SEAL (or proved to me on the basis of satisfactory evidence)to be the person who executed the M A GROSKOPF within instrument on behalf of the Corporation therein named, and ackno ledged to me that NOTARY PUBLIC•CALIFORNIA PRINCIPAL OFFICE IN the Corporation executed it. ORANGE COUNTY MY COMMISSION EXPIRES APR.21, 1993 ........ .................................................................. WITNESS my hand and official seal. ACKNOWLEDGMENT—Corporation—Wolcotts Form 222CA-K—Rev.5-82 N t Public in and for saidfate. ©1982 WOLCOTTS.INC. (price class 8-2) R. I NOBLE COMPANY ASPHALT PAVING - ENGINEERING CONTRACTORS LIC.A.121735 CONTRACTOR LICENSE AFFIDAVIT STATE OF CALIFORNIA COUNTY OF ORANGE NEIL R. EVANS BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT HE OR SHE IS VICE PRESIDENT OF R. J. NOBLE COMPANY, THE PARTY MAKING THE FOREGOING BID, IS A LICENSED CONTRACTOR AND UNDERSTANDS THE INFORMATION SHOWN BELOW SHALL BE INCLUDED WITH THE BID, AND UNDERSTANDS THAT ANY BID NOT CONTAINING THIS INFORMATION, OR IF THIS INFORMATION IS SUBSEQUENTLY PROVEN TO BE FALSE, SHALL BE CONSIDERED NON-RESPONSIVE AND SHALL BE REJECTED BY THE CITY OF HUNTINGTON BEACH R. J. Noble Company' s State License No. - A-121735, A-1 License Expiration Date is JULY 31, 1990. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. SUBSCRIBED AT: ORANGE, ORANGE CALIFORNIA CITY AND COUNTY, ON JUNE 4, , 1990. DAT SIGNATURE $ TI LE -NEIL R. EVANS, VICE PRESIDENT 15505 E. Lincoln avenue, P. 0. Box 620 , Orange , CA. 92666 STREET ADDRESS, CITY, STATE AND ZIP CODE 725-637-1550 TELEPHONE NUMBER NOTARY TO AFFIX SEAL AND CERTIFICATE OF ACKNOWLEDGEMENT ORANGE: 15505 LINCOLN AVE • P.O. BOX 620 •ORANGE,CA 92666 •(714)637-1550 1-(800)826-0362 FAX(714)637-6321 CORONA:25225 MAITRI RD. •CORONA,CA 91719 •(714)737-1350 FAX(714)737-5061 ff PFCEI,,Ea • t;Wf CI.i:RI( t;t • R.J. NOBLE COMPANY ASPHALT PAVING.-ENGINEERING CONTRACTORS 105 NCOLN AVE.—PA BOX 620 r;c �liz,�as 55 LI ORANGE.CALIFORNIA 926N (714)637.15W TO: CfTY OF HUNTINGTON BEACH �# 2000 Main Street liuntington Beach , CA. 92648 I GARFIELD AVENUE RESURFACING , MEDIAN CONSTRUCTIN � LANDSCAP'ING „ 151-'ti'OLIA & M FCC-DOS CITY OFIIUNT{NGTONS€ACH.CALIF, BID SUMMARY SHEET FOR: ,_�+:� __- �'L�:_'_•�..__;�'_�_!` ,_ _,_� � 1-0 DE PART ME N T OF PUBLIC WORKS ll,�� ±42 t- 2�- ---- - -� -----.--_ BIDS OPENED-6�4 19^() ENGINEERS ESTIMATE LZ� z-- GC,N�_��.__- A H F P NQ� � I I BIDDERS cc, t A� I i I- ;.^ EllrEMS OFWORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT OFYWORK QUANliTYvRICE AMOUNT 12, kJ -z C C 2-�,0o I�i3o._ 2�.Ci z�, 7� .Do ,9 020 , J D I 1-165 4 � 0 Q� �= Lou) �'_A �1JC_} � � �J � C� I�l 0.�?�? 0Z Cj q��? (1to.oq o. i � so.�o 0,� Z .g t o� 7 .� (000 , - f �'-k-•�L.:7 ,wc. & <E I (A, C , `'�72 10 0 J -3�.00 oo Z,00 - t 1>42 CIO) Q CD i �1�J0 o.D2 (a. 0.04i lb. D 1 4 b.0Z t r-..t F 'Z10,oo 216'Oo (fl4 00 tCQ z S, . .a. 1 EA 4 1(o0 o.Q0 o. 6 100. b l b co.00 - � '7-6 E A ro a'" I n ( 24 12 _ �i ,o rl v1�1F 0 �.�- -.- TOTALS . CIiYOFHUNTINGTON BEACH,CALIF• B�I1D_ SUM MAHY SHEtT F-Ui'i: _�+1 _�_::�.:�_�;�-•__:. - _�_`':_}�'__:_�_- �. � A I PARTMENT OF PUBLICWORKS T0 — s; r c � . BIDS OPENED—� J 19_ EN.GINEERSESTIMATE �� r" _—_� CC.N J� -_.— AHFP NO—_ '�L 1-1 C'&JI.CK BIDDERS A�.L�r1£�t��a.� v�r�►.�o�1 ��cE� ��`�t- cT� i I I ITEMS OF WORK DUANT,TY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT acoa 'k, C 3 0 C 2 . "30.oo l o , 3l .Ov t l0 40 , 30. 2 15,�� 3 .00 I z4 Is co 11 04 , l -t, ,00 �54).00 �o,00 a .�tp 0,0 _ ,OD 0,03 23 r co �, c ; n �� A 25o, o o , o) 21i � c SP+ 2 . 'G ,o 1 0 6 00 2 a 3 •��, G A oo'o� rl lZ• ,� UJ �.�v = 2-d "\ 1 00 Zco,� 5040,00- 4z oo zoo. 4 o0'cc) T;?AC . �, L5 �10 f l C7006,oa/ mo i4.1i1�-_t� SFr 3. ��l. a Co.O'D' �Lry Q. l f r2 0r 7 TOTALS .']. 2� CITY OFHUNTINGTON BEACH,CALIF. BID SUM MARY SHEET FOR: .. -AI DEPARTMENT OF PUBLIC WORKS r� IIy �- c �ZQ1 kJBIDS OPENED, i9 ENGINEER'S ESTIMATE—. i '- -_ C,C.NO—_-- —.— A H F P NC — BIDDERS rNo ITEMS OF WORK � OUAHTITY UHIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE ALAOUHT i t�.�b`. �ti, �G�---- -- L.GJ. 1�� 22 t 0 (JO,D L�� l�i l 02, ._ 2, r 10. 00 Z0340, '42-CD 1�a �4(p�D,JQ �t:;✓ '� U 1`7 0, t� ko %r, Q,'2o ,co 1 2'l,go •00 4, 1' c1 �z g-r i -7 3. l i 2�� ,oo �.o0 3 T7 .00 0, 2ao LF ,OD oo ZoCb,no l .00 2©o C�. ct,,�; ei >,z_ ls � °k6m,00- 0 �I_ o 2l�20.0 Od t0 l"� L• ��, 1��Cam. °o tx� oo L S ZOo� o ,Q -21000.110� QAC7 l3� ? _tZ M,�,' Ci l- 0• 17 , H-- --- 1------- iTOTALS �nf�DS`?�, ' --