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HomeMy WebLinkAboutRUIZ ENGINEERING COMPANY - 1990-03-21 CITY OF HUNTINGTON BEACH Lo LCa" , INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To 'ROBERT J. FRANZ From ACCOUNTING.&"RECORDS Deputy City Administrator I/ C Subject 10% RETENTION Date C rl?, The conformed copy of the Notice of Completion for the above contr -t-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. 4tD_AN T. VI LELLA erector of Finance I certify that no stop notices are on file on the subject contract at this time. Date: 1'3 t-y0 ' LOUIS 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 Acting City Clerk I certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer 0,0 0 0574J =� I have received Maintenance Bond for Ruiz Engineering Co. , Speer Ave Improvements, CC-781 on behalf of the Treasurer ' s Office. Hated y__ By 'v Bond No. CA 113161-m Premium $NIL MERCHANTS 13ONDING COMPANY e-Lu.lu.a�... 2425 E. Cametback Road, Suite 800, Phoenix, ' AZ 850f6 MAINTENANCE BOND 1C1zOu ALL MEN BY THESE PRESENTS, That we, �Kuiz_ r1kine��ing Company as Principal, and Merchants Bonding Company (Mutual) , a Corporation organized under the laws of the State of Iowa. With principal offices at Dee Moines, Iowa, as Surety, are held and firmly bound unto City of. 11untinr-zQn Beams _ (hereinafter called the Obligee) , in the penal sum of Forty--Five 'Thousand Six Hundred NinetXFive and 30/100---------------- (S 45,695. 30-----------------:� Dollars, for the payment of which. Well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has heretofore entered Into a contract With the Obligee above named for: "Construction of Improvements to Speer avenue" A?PROVED AS TO P'ORMin >_ GAIL BUTTON CITY A 11Ey : BY. Deputy City Attorney and WHEREAS, said contract provides that the Principal shall furniah a bond which shall remain in force for it period of _ONE (1) _ year(s) from the date of the Pr.o}ect as established by the Engine---Architect and which Shell be rondi- tioned to guarantee against all defects in workmanship and materials which shall become apparent during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLICATION 15 SUCH THAT, if the Principal shall indemnify the Obligee for all lose that the Obligee may sustain by reason of any defective materials or workmanship which shall become apparent during the period of ONE (1) year(a) from the date of completion of the Project aA established by the Engineer or Architect, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date there- of shall be delivered to the Surety by certified mail ,at its Branch office. 3465 Camino del Rio South, Suite 310, San Dlegui CA 92108, promptly and in any event within thirty (30) day% after the Obligee or his reprosentative filial) lenrn of such default . Signed, scaled and dated this 6Ch day of July , 1990,^ Page 1 of 2 Pages Page 2 Ruiz Engineering Company Principsl- By__ C B N(C C ANY (MI) AI.) S rety By Mi iael A. Quig ey A orn J in Fact ACKNOWI.LWO-MENT Or SURETY STATE OF CALIFORNIA } COUNTY OF )sg On this Say of 39 before me a Notary Public in a,id for the said county, pe.r4UILJIly appeared ___ _ _y�_ personally �,1own to be (or proved to me by satistactory evidence) the person who executed the within instrument as Attorney in Fact of Surety therein named and acknowledged to me that the Surety executed it. Notary Public SEAL. Page 2 of 2 Yages MERCHANTS BONDING COMPANY ---- MUTUAL DES MOINES, IOWA POWER OF ATTORNEY Kruiw All Men Fly These f re3entl.11181 the MFRC1 LAN IS BONDING C(WPANY IMutuaf],a corporation drily organized trader tlw laws of ilia Slate or Iowa, and having 05 principal office In Ilia City d Des Moines. County of PoA.Stale o1 Iowa. halts matte. txxishluled 810 a1>fx,ir,100. and dons by Ihose presents make.OWSUILJ1e and appoint MIc-haeI A . QtrIKley ,,I 1I 1w n t 1 It g t oil Beach and 5181e of C.9 I i f fy I-n f :I as true and lawful Atlotncy iri fact. widr hill power aw authority heretty mrrrarred irr fls name. place acid slead,to sign. exemte. acknowledge and deliver rn its bettalt as surely - arly a11(1 al l 1,ond3 and itit(IertakinRq in i (. s norrnaI Course 0f buSiTiess 1)rov' Ide(f 110 ryn(� I)n11d 0r iln(IP. rtaktng 9ltaII exceed the Sr1II) of Five 11)1ndrvd 'I'1Jnosand Do Iars ($ 501) , a()0) srwd to tyrid the MEnCIIANTS BnN()INC3 COMPANY(Mutual?thereby ei f(rlly aril to the sarner errlent as it such t,urid or ciewleflakRKg was signed by rhs Bury autho(lzed officers at the MERCt IAN IS BONDING COMPANY(Mutuatl.and all the acts or said Attorney.ptrsirarri iu the a+rlligrt(y fiere(n given. are hereby ratified and militmed I h,3 Power of Allorney IS made nix1 execcided p(nst,an,10"by audiofity 01 fire following By I-aw9 bdopled by lire Boayr1 of Dltwor s(A Via MFnCfrAtJTS E10?Jr)IN13 COMPANY(Muluall ARTiCI E 2. SECTION 6A -- The Chairman of the Boatd Or President(x any Vice President of SeCrelar)f shall have power aid authority to appoint Attnmeys in-fac,. and to autliodze them to execuis on behall of the Coinparry. and alla(,h the seal of the Ccimpany therein.bonds and undetlaking5.recognizances.coorracd3 of indemnify slid olher writings obligatory m the halufe flhereol ARTICLE 2. SECTION 6B --The slgnalure of any aullIvOzed officer and the Seal or the Company may be affixed byyacsimiln to awry Power of Artnrrey or Certilicaliori dwo(eof autlKwung the exoa,lKm arid delivery of any bond. undertaking. recognizance. or .091er sl,relyship obligafrons 01 the Company ano such signaluie and seal wtion so used shalt have[lie safrto torc(i and(Ilirrt aS ihough maritally fixprl In V0tness Whe(eol-MFnCIiANfS BONDING COMPANY(Mutual)has caused these presents to be srgnod by cis V"President and FraCulivg ViCa Presienl_ arxl its cn,poiate seal to be hereto arfixm. this day 4 L It of Ma y AD. I'M 9 Ath•sl MI_RCRANTS BONl(F 4Y (Muluall By sx 4 ar S TAT F OF IOWA ••...... { U111J i Y Cf- 3'()I.K On:his It ( 11 day of t•1 a yory 19 H q beloro me ar"arod M it Long and nwiiey Bliss iii to rrio personally knrnyri,wtro being by m9 d sworn did say that they are Yree Presider,arid EaoctiVvo V-rce P1e516etid re5pecfively of did MEPCHANTS HONUING COMPANY(Multial'i.Cie oofporaltort de5crfbed in the foreydog iitsifurnerfil.and dial lire Seal allixrid to die said instfument Is(fie Cor"f fe Seal of the said Corpora;iort aryl trial the said insirufnent was sagrod ar,d sea!ed in behalf Ut said CoiporaliO4i by authority of its Board of Directors In.Tdslanony Wfiefeaf I nave traretrnfc set my hand and affixed my Otk3al Seal. at the City of Des Molrios. larva pre day aril year fitsl ariove written �• n ' -- --- -��—.�..—L.— �._.��—T Nor••,P,dhr Polk CA>. ry ru.• • IOWA• � rn a My{:ry,um rr.un I,ryr.f x ' _ $•4.89 STATE OF IOVAJA 4/?1 A%. COUNT-Y OF POLK u •••• I.M J Long.Vice President of Ilia MERCTUWTS BONDING COMPANY(Mulual),do hereby rjlllVjlip1 Ile above aril foregoing Is a true Nid Correct copy of fie POWER Of ATTORNEY executed by sai(j f q� .DOZING COMPANY (F.Aulual),which is still in force and ellao :•4�. • r0 -_ •• in Wlriess Whereof. i have hereunto 5e(my hared and affixed Ilse seat of the Company. at �:V� /]�4 - -A u,iT b t It day or ,7u 3-y 19 40 �/ rn • �L 1933 c; ThI3 power of attorney explres .-. Until Revoked '••ai��. �1a`'' 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 eC —7 I 5pe2,wX 4WMoE rgpeo IC�i�l�N7.5 ProjecE N6. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title f�RieT�1F�7'L RUIZ FMIFTERINC CO. 1344 Temple Ave., F. O. Box 4177 Long Beatty CA 90SU DECLARATION OF SATISFACTION OF CLAIMS I , "evio &V611'(&67-,R1A16 cc, , 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 SAP- I#AFVUI TZgD4OWASV15 and dated 4fiec14 2/0 11940 . 2 . All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims, or .items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: ( if none, state "NONE" ) NONE-., I declare under penalty. of perjury that the foregoing is true and correct. Executed at 40,V6' BeWcy C_AL1F. on this 7 day of DUNE' , 19 O . g e of C tract r t ,QUi� ,/rS`I RUIZ �'r-14TERING CO. 1344 TeroIpi f . U. Box 4177 Long Beach, CA 90804 WHEN RECORDED MAIL TORS 90-7?957.3 Rfou°T"o NOINa� GITY OF HUNTINGTON BEACH Office of the City Clerk EXEMPT P. 0. Box 190 C 14 HuntinNton Beech. Calif. 9264E NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Ruiz Engineering Co. , 1344 Temple Ave. , P. 0. Box 4177, Long Beach, CA 90804 who was the company thereon for doing the following work to-wit: Construction of improvements to Speer Avenue, CC-781. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA 3:30 J UN 211990 P.M. Q y&ta.,L,,Z RECORDED 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 June 1$ , 1990 That upon said contract the Merchants Bonding Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of June 19 90 , City Clerk and ex-officio erk 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-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this 19th day of June 1990 . O. This document is solely for the /D official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk and ex-offici Clerk Sec. 6103 and should be recorded of the City Council of the City free of charge. of Huntington Beach, California WHEN RECORDED MAIL T- CONFORMED COPY '' nn QIM Not Compared with Original LI rY OF HUNTINGTON BEACH /- olyYr�z-c-v2a�n c�� Office:of the City Clerk XEMPT T� -DPGeJ P. 0. Box 190 Hunfinpiuo Be-ich. Calif. 92E;aR C14 )- NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Ruiz Engineering Co., 1344 Temple Ave., P. 0. Box 4177, Long Beach, CA 90804 who was the company thereon for doing the following work to-wit: Construction of improvements to Speer Avenue, CC-781. RECORDED IN OFFICIAL RECORDS �i► OFORANGECOUNTY CALIFORNIA 3:3o J UN 211990 P.M. Oa a V,&�RECORDER 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 June 18, 1990 That upon said contract the Merchants Bonding Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of June 19 90 , City Clerk and ex-off cio Cqerk 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-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 19th day of June 1990 . This document s solely for the fr � official business of the City of Huntington Beach, as contem- City Clerk and ex-offici Clerk pletod under Government Cods Sec. 6103 and should be recorded of the City Council of the City of Huntington Beach, California Free of cherge. REQUEST FOR CITY COUNCIL ACTION �o - Date June 18, 1990 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by- Louis F. Sandoval, Director of Public Works APPROVED BY CITY COUN Subject: SPEER AVENUE IMPROVEMENTS; CC-78I r ��• _g/� '� ��, a Consistent with Council Policy? ] Yes [ ] New Policy or E Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT QF E: Ruiz Engineering Company has completed the construction of the Speer Avenue Improvements. RE OM DATI N: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion. 2. Approve the total contract cost of $45,695.30. ANALYSIS: On February 20, 1990, the City Council awarded a contract to Ruiz Engineering Company for the Speer Avenue Improvements. The construction of these improvements are now completed per the approved plans/specifications; therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of the contract costs: Council Approved ELcpenditure Contract Amount $41,749.61 $41,749.61 Construction Contingencies (10%) 4,174.96 3,945.69* $45,924.57 45,695.30 *Actual field quantities for the excavation of native soil, removal and replacement of concrete sidewalk and import aggregate base were greater than originally estimated.. FUNDING SQURCE: Sufficient City Gas Tax Funds were budgeted for this project in Account Number E-S F-P C-7 81-6-32-00. ALTERNATIVE ACTION: Not applicable ATTACHMENTS: None MTU:LFS:LJT:dw / 2446g/9 PIQ 5/85 i have received the Faithful Performance Bond and the Labor and Materials bond for Ruiz Eny_ineeri�.�Co, x Sheer Avenue Improvements, Q.7a on behalf of the Treasurer' s Office. Dated 3121/90 EB y: i MI ZU1IAN-F DoNmNo 601`411-ANY p 34R5 C;AMINO I F-1 r110 SOWN. 51PIE-310. SAN D1FGC1. CA 9210© E Bond No. CAI13161 r. PREMIUM INCLUDED IN PAYMWW WM) PERFORMANCE BONI) PUBLIC CCIRTWIS KH(X4 11Id, MIDI BY ITIESE PRrSWFS, that RUI7. ENGINEERING COMPANY as Erincipal, and Merchants Borxling Com{�ny (Mutual) , an Iowa corl.,oration author- ized to execute borxas in the state of California, as Surety, are held and firmly Lxousxl Unto THE CITY OF HUNTINGTON BFACII as Obligee, in the sun of 'I'S+ EXTY 'THOUSAND EIGHT I1UN.DR 'D N1NF'-Y SEVEN . D. 31/100------- I�ol.lars ($ 20 897. 31------------ ) for wAAi h sum we birK ouxse�ves, otlr ]ieirs, executors, administrators, successors and assigns, jointly and severally by these presents. `ITII, C_XMI'I'ION of the above obligation is such that, Wbereas the Principal on the 7'1•4 - day of rtARCEi 19 gp , entered into a contract witli the cbIigee for CONSTRUCTION OF IMPROVEMF,NTS 1'U SPEF.R AVENUE IN THE CITY OF HUNTINGTON BEACH ta(xl, '111FRPR)RE, if the above-bomden Principal or his subcontractors faii to pay any of the persons named in Section 3181 of the Civil Code of the State of Cali.f- onli.a, or amounts due Under the UnuTloymetit Insurance Code with respect to work or labor performed by any such claimants the Surety will pay for the same, in an anwDunt not exceeding the sum specified in this bondp and also, in case suit is .brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall inure to the benefit of any and all persons entitled to file claims mider. Section 3181 of the Civil Code of the State of California, so as to give a right of action to than or their assigns in any suit brought upon this bond. Sigrx-A and sealed this 23RD day of FEBRUARY ' 19 90 R 'IZ ENGIN :I- I 'G 'OMPA - LJ c'i y I3NY { ) BY = MICHAEL A. QUIGLEY tto y- itrFa t C1'-12 MERCHANTS BONDING COMPANY -- MuruAL- DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents.that the MERCHANTS BONDING COMPANY(Mutual)•a corporabon duly organized under the taws of the State of Iowa.and having its prinopel office in the City of Des Moines.County of PON.State of Iowa.path meat.constituted and appointed, and does try these presents make,constitute and appoint Michael A . Quigley Of Huntington Beach and Slate of calif o r n i a its true and lawful Aliorney-gin-Fact,with full power and authority hereby conferred in its name. plooe and stead. to sign. execute. xkrx wtedge and deliver in its behalf as surety: any and all bonds and undertakings in its normal course of business , provided no one bond or undertaking shall exceed the sum of Five Hundred Thousand Dollars ($ 500 , 000) and to bind the MERCHANTS BONDING COMPANY(Mutual)thereby as tulty and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(Mutual),and all the acts of said Attorney,pursuant to the authority herein given. are hereby ratified and confirmed This Power-of•Attomey is made and executed pursuant to and by authority of the foltowrng By-Laws adopted by Me Board of Directors of the MERCHANTS BONDING COMPANY(Mutual)_ ARTICLE 2. SECTION 6A — The Chairman of the Board or President or any Vice President or Secretary shag have power and authority to appoint Attorneys-in-Fact. and to aufttorize them to execute on behaff of the Company. and attach the seal of the Company thereoo,bonds arid undertakings,recognrzanoes.contracts or indemnify and other wntirgs Obligatory in the nature thereof ARTtCtE 2,SECTION 68. --The signature of any authorized oti cer and the Seal of the Company may be affixed by facsim,ts to any Power of Allomey ar Certification thereof aulhonznrg the execulion and delivery of any bond, undertaking. recognizance, or other suretyship obttgaltons a1 the Company, and such signature and seal when so used shall have the sarne lorce and effect as though manually hxed In Witness Whereof.MERCHANTS BONDING COMPANY(Mutual}has Caused lhe5e presents to be signed by its Vice President and Executive Vice President- and its Corporate seal to be hereto affixed,this day 4 t h of May AD. 198 9 Attest MERCHANTS Bmlq -Y (Mimial) `rf By • Q_ Ku Ar,yCenr �• �i�.••.�y,I[uf�• ArrsWnr STATE OF IOWA ••. • COUNTY OFPOLK ss •�•��•• On this 4 t h day of M-i y 19 H before me appeared 1� J Long artd Rodney B:iss Ill.1r,me parsona,fy known.who Ong by ii duly Swom did say tha:they are JKa Presrden:and Es-m-we fte Presrdent respectively of the MERCHANTS BONDING COMPANY(Mutual).the t)orporation described in the foregoing instrument..and that the Seal affixed to rho said instrument is the Corporate Seal of the said Corporation and that the sad instrument was signed and sealed in behalf of said Corporation by auuwty of its Board of Directos In Testimony Whereof. I have hereunto set my nand and affixed my Official Seal.at the City of Des Moutes, Iowa the day and year first above written • ��G BHA �•••: ' 9 IOWA m ur can &&a .fxpw" 8-4-89 �'• �T ri.7' STATE OF IOWA 4 A I A V COUNTY OF POLK u 1.M.J-Long.Vice President of the MERCHANTS BONDING COMPANY(Mutual).do hereby ;*AUVjhe above and foregoing 4 e true and correct COpY of Cte POWER OF ATTORNEY executed by sarq t IPONDING COMPANY (Mutual),which is suit in force and ehao • O`. r Q '•A., in Wltneas Whereof. I have hereunto set my hand and affixed rho seal of the Company. at �'� •�j; this 23RD day or FEBRUARY t9. 90 r*' :y 1933 : z Revoked ••�� 1 • This power of attorney expires Until R .,�' � .• ri• ' I N11 ftt:TIIAN-1-S BONDING G041'1kNY 3465 CAMINO DEL RIC) SOU Di. SOIE 310. SAN DI EGO. CA 92108 lioticl NO. CA113161 PRI�MiurI .$1 ,,045. 00 PERFORMANCE DONi3 PUULIC 001-TrlWI'S KNOW Al MEN BY TI[ESE PRESENI'S: '11-1at RUTL E,NGI.NELRING COL111ANY as Principal, and Merchants Bonding C mt)any (I`titual) , an Iowa cx)rlx)rcltJ()n authorized Lo execute bonds in the State of Califoniia, as Surety, are held and firmly bound unto THE CITY 01' HUNTINCTON BEACH as Obligee, in the scan of FORTY ONE. THOUSAND, SEVEN HUNDRED NINETY FOUR AND 6I /100 [dollars ($41 , 794.61------------ ) for which scan we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. 711E Q W.WFION of the above obligation is sucli t31at, Whereas the Principal has entered into a contract, dated MARCH 7TH r 19 90 , with the Obligee to do and perform the following work to--wit: CONSTRUCTION OF IMPROVEMENTS '1'0 SI'Erk AVENUE iN THE.. CITY OF HUN"I'IN(TO-N BE.ACII NOW, '191EREFC)RE, if the said Principal shall well and truly perfoi.m the work contracted to be perfoJrred under said contract, then this obligation shal l be void.; ,otherwise to remain in full force and effect. Signed and sealed this 23RD day of FEBRUARY 1990 r RUIL LNGINEI: ING CW11ANY BY. _ Ytl' (AIIIJAI.1 r •BY _ _ _ _ MICHAl.I. A. QUIGI.EY j -t orney in-fart CC--11 r- MERCHANTS BONDING COMPANY --- MUTUAL - DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents.oral the MERCHANTS BONDING COMPANY(Mutual),a corporation duty organized under Me laws of the State of Iowa.and having its principal office in the City of Des Moines.County of Po(k. State of Iowa.hath made.consirtuted and appointed. and does by these presents make. constrlute and appartl Michael A . Quigley of Huntington Beach and Stale of California its true and tawtut Attorney-in-Fact,with hill power and authority hereby conferred in its name. place and stead.to sign.execute.acknowledge and deliver in its behalf as surety-. any and all bonds and undertakings in its normal course of business , provided no one bond or undertaking shall exceed the sum of Five !)itndred Thousand Do] lars \'$ 500 ,000) aW to and the MERCHANTS BONDING COMPANY(Mutual)thereby as tully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(Mutual).and all the acts of said Attorney.pursuant to the authority herein given.are hereby ratified and confimr w This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual) ARTICLE 2. SECTION 6A — The Chairman of the Board or Presidenl or any YiCe President or Secretary shall have power and aulbonty, to appoint Attomeys-in-Fact. and to authorize them to execuile on behalf of the Company. and attach the seal of the Company thereto.bonds and undertakings.reeognizarxxs.contracts of indernnrty and other writings obligatory in the nature thereof. ARTICLE 2.SECTION 6B —The signature of any authorized officer and the Seat of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authOnzing the execution and delivery of any bond. undertaking. recognizance. or other suretyship obligations of the Company, and such signature and seal when 50 used snail have the same force and effect as though manually fixed In Witness Whereof. MERCHANTS BONDING COMPANY(Mutual)has caused these presents to be signed by its vice President and Executive Vice President. and its corporate seal to be hereto affixed. this day 4 t h of May A.D.. 198 9 Attest MERCHANTS m .80m.af 'oo�*r a, ' Y1.(Mutual) .4s By STATE OF IOWA �•. •• COUNTY OF POLK ss ''•��'• On this 4 t h day of M a v 19 B before me appeared M_J Long and Rodney Bliss 111.to me personally known.who being by m6 duty swor.1 did say that they are?ice President and Execur.-e'lice President respectively of the MERCHANTS BONDING COMPANY(Mutual).the corporation described in the foregoing instrument.and that the Seal athxed to the said instrument is the Corporate Seat of the said Corporation and mat the said instrument was signed and seated in behalf of said Corporation by authority of its Board Ol Directors In Testimony Whereof. I have hereunto set my hand and affixed my Otticaal Seal.at the City of Des Moores,loowa the day and year first aDOve written. ..•• Y . • Q Gi • _ W.,PU06C.Polk County. bw. ' IOWA m Ary Cann6Jaon£xpiri x B-4-89 OT kP STATE OF IOWA COUNTY OF POLK a I.M J Long.vice President of the MERCHANTS BONDING COMPANY(Mutual).do hereby 'no'" above and foregoing ig a true and correct copy of the POWER OF ATTORNEY executed by said PONDING COMPANY(Mutual).whb h is still in force and effect A�►. ''P. m. o* � *y•. In Witne93 Whereof. 1 have hereunto set my hand and affixed the seal of the Company. at • 4 �,,..� y • this day of 19. 23RD FE•.BRUARY 90 1933 This power of attorney expires Until Revoked �' ` • C1' "'Y' E �� it "'1 rr BEACH . 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK March 21, 1990 Ruiz Engineering Co. 1344 Temple Ave. Long Beach, CA 90804 RE: Construction of Speer Avenue Improvements PROJECT CC-781 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Conpli.ance form MUST BE RETURNED TO THaIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO TI4E RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441 . ij Connie Brockway ✓ City Clerk CB:b:. Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 1 Td*01ww:714413641227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RUIZ ENGINEERING CO. FOR CONSTRUCTION OF IMPROVEMENTS TO SPEER AVENUE v TABLE OF CONTENTS # TITLE PAGES} 1 . STATEMENT QF WORK; ACCEPTANCE OF RISK 1 & 2 2 , ACCEPTANCE OF C NDITI N OF W RK• PLANS AND 2 & 3 SPECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF PROJECT 4 5 . TIME OF THE ESSENCE 4 & 5 6 . CHANGES 5 7. NOTICE TO PROCEED 5 & 6 8 . BONDS 6 9 . WARRANTIES 6 10 . INDEPENDENT CONTRACTOR 6 & 7 11 , LIQUIDATED DAMAQES�(DELAYS 7 & 8 12 . DIFFERING SITE CONDITIONS 9 13 . VARIATIQNS _IN_ESTIMATED QUANTITIES 9 & 10 14 . PROGRESS PAYMENTS 10 & 11 15 . WITHHELD CONTRACT FUNDS- SUBSTITUTION OF SECURITIES 11 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19 . WORKERS' COMPENSATION INSURANCE 12 & 13 20 . INSURANCE 13 & 14 21 . DEFAULT AND TERMINATION 15 22 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 23 . NON-ASSIGNABILITY 15 24 . CITY EMPLOYEES AND QFFICIALS 16 25 . AITDRNEY' S FEKSS 16 TABLE OF CONTENTS # TITLE PAGE 26 . IMMIGRATION 16 & 17 27 . NOTICES 17 28 . CAPTIONS 17 29 . ENTIRETY 17 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND RUIZ ENGINEERING CO. FOR CONSTRUCTION OF IMPROVEMENTS TO SPEER AVENUE THIS AGREEMENT is made and entered into on this 21st day of March , 1990, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and RUIZ ENGINEERING CO. , a general partnership, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the construction of improvements to Speer 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 W012K: ACCEPTA-NCE-OE 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 -1- work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CQNDITIQNS_OF_WORK;_PLANS, AND SPECIFI ATI N 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 0 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 -2- office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1988 edition of Standard Specificitignr� for Public Works Con5tru i n, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. 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- 3 . COMPENSATIQN 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 FORTY ONE THOUSAND SEVEN HUNDRED FORTY NINE DOLLARS AND SIXTY ONE CENTS ($41 , 749 . 61) , 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 thirty-five (35) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein. 5 . 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 -4- the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE _TO _PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to -5- Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. ' In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon the 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 CONTRA TQR 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 -6- expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 11 . LIOLIMATED DAMAGE$/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, -7- quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall , within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers , in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for 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. -8- 12 . DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (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 . VARIATION$ 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 -9- Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PRQORESS PAYMENT 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 -10- demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be Considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement . 16 . AFFIDAVITS_ QFF_ SATISFACTIQN_ QF_CLA_IMS 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 . -11- 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 property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. Any costs of defense or attorney' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to C'a if rnia _CQde of Civil Procedure §1021 . 19 . wQRKERS '_ COMPENSATION_ INSURANCE Pursuant to California Labor Cow §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 Five Hundred Thousand Dollars ($500, 000) bodily injury by accident, each accident, Five Hundred Thousand Dollars ($500, 000) bodily injury by disease, each employee, and One Million Dollars ($1, 000, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and -12- underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . 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 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 -13- and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than Two Million Dollars ($2, 000,000) . In the event of 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. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. -14- 21 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is Cured within ten ( 10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 22 . D_ ISPOSITION 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 . 23 . 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. -15- 24 . 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_Governmgnt CQde Sections 1090 et seq. 25 . ATTORNEY' S FEES If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 26 . IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall , -16- in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 27 . NOTI,CES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28 . CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29 . ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. RUIZ ENGINEERING CO. : CITY OF HUNTINGTON BEACH a municipal corporation of the St 'of California By: Mayor I CZ By: -17- .r ATTEST: APPROVED AS TO FORM: a City Clerk ` Cit_y Attorney �1r-g-0%b -9- To REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of ublic Works o -18- __ 1 -L_R=y � ISSUE DATE(MMIDD/YY)_ .Cf 3-5-90 PRODUCER THIS CIIRTIFTCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS i J NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE GOES NOT AMEND. Chavez-Brown Co. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- 1957 W. Glenoaks Blvd. COMPANIES AFFORDING COVERAGE Glcn ale, Ca. 91201 �R A Canadian Insurance Co. of California INSURED DERY Ruiz Engineering CRY C P.O. Box 4177 Long Beach, Ca. 90804 CRY D COMPANY E LETTER :. THIS is TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED HAMM ABOVE FOR THE POLICY PU*W INDICATED. NOTWITHSTANDING ANY FMWU WkT.TERM OR CONOfT10N OF ANY CONTIRACT OR OTHER DOCUMENT WITH RESPECT TO WMK;li THIS CERTIFTCATE MAY BE*SUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. I POEILY EF#EC7M POKY EARPATIM LIABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER DATT(&IWA)0 +CI DATE(MM XYM H CUpRENCE AGGilFGATE GENERAL LIABILFTY OWLY A Oa" K FORM 02M 724 166 6-1-B9 6-1-90 '""'I'Y � � $ $ FWMISESIUPERATIONS PROPERTY ExP�L�L�COLLAPSE RAZARD °AuAGE $ $ PRMUCTSICOMPLETED OPERATIONS CONTRACTUAL III&BP+nTEO $ 1 O00 $1 ,G00 NDEPEM*NT CWRACTORS ,� RFD AST F01M:I 0' BROAD FORM PROPERTY OAMAU Op,iL �1;TTON PERSONALIIuuRY CImY � ,,1'Or<14F PERSONAL INJURY $ AUTOMOBILE LIABILITY -BY At Lorne kay ANY AUTO Deputy Cit r4q posm $ ALL OWNED ALTOS(PRIV. PASS I WXY kuty ALL OWNED AUTOS PR ERPASS TTK4L ) �xw n $ A X HAED AUTOS BA 752535 6-1-89 6-1-90 PPIOPEarY A X WW-OtWD AUTOS DAMAGE $ GM tha LIABILITY EI+a PO A T Schodnled Autos— COMBINED $ 11000 EXCESS LIABILITY A :; L�EOR�I CUP 706240 10-25-89 6-1-90 coIII Me:rEa $ 1 ,000 $1 ,000 OD*R THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION AND $ (EACH Al;CIOENi) $ (OLSEASE-POLICY LIMIT) EMPLOYERS'LIABILITY OTHER Steer Ave. Improvetnt Project O; nPEoATVONSI nrATIONSNEMCLES)SPECIAL ITEMS Certificate Holder is named as Additional Insured as per forms U023 & U007 attach. City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLK;IES BE CANCELLED BEFORE THE EX- Public Works Dept. PIAATI DATE THEREOF, THE ISSUING COMPANY WILL 05@003UQW MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE 2000 Plain St. LEA. tluntingq" Beach, Ca. 92648 AUT PRESE TATIVE Attn: Larry J. Taite-project engineer r y �� Attached to and wade part of Policy BA752535 issued tot RUIZ ENIGINEERING COMPANY, A PARTNERSHIP ADDITIONAL INSURED — AUTOMOBILE IT IS AGREED THAT THE "WHO IS AN INSURED" PROVISION IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION NAMED BELOW BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE OR USE OF A COVERED AUTOMOBILE FOR SUCH INSURED BY OR ON BEHALF OF THE NAMED INSURED ARISING OUT OF WORK PERFORMED FOR THE ADDITIONAL INSURED. NAME OF PERSON OR ORGANIZATION: City of Huntington Beach Public Works Dept. 2000 Main St. Huntington Beach, Ca. 92648 (` 1368 FORM 0007 (4/88) r THIS LHDORSIMENT Is ATTACHED TO AND FORMS PART OF POLICY Mpg COM 724166�^ ISSUED TO .,,Ruiz Engineering ADDYTIDNAL INSURED It is agreed thatt 1. The •torsona Insured* provision is amended to inalude as an insured the person or organisation named below but only - with respect to liability arising out of operations performed for such insured by or on behalf of the named insured. 2. The applicable limit of the company's liability for the Insurance afforded under the Contractual Liability Insurance Coverage Part forming a part of this policy shall be reduced by any amount paid so damages under this endorsement on behalf of the person or organisa- tion named below. Name o! Person or Organisation City of Huntington Beach (Addittonal Insured) Public works Dept. 2000 Main St. Huntington Beach, Caa. 92640 Any person or organisation named on the Cortificate of Insurance. whose contract with the Named Insured requires , that they be named as an Additional insured under this poltoy for all operation■ performed by or on behalf of the Messed Insured within the State of Cwiifornii. ''� i S'::.4'f ��'�T_S�f1 a ./• � �� �- �i1' i .�"r-.. y l 7 t I,� A„•.-6 .� ,::.':,A- 3-5-90 H Pi:�:'V(•kIs 1HI$CERT{FICATF 15 ISSUED AS A MAT IEK OF lkFCaf11AA110K ONLY AND CGHFEkS Al Hays b Assoeiat(-s NoRIGHTsUPQ►'ITMECEFI11FicAYEHoLoiR THIS CERTKICATE DOES NDTAMEND, FRIEND OR ALTER THE COVERAGE Ar)00I)ED 111i THE POLICIES BELOW. 2151 Eant W Street , StfitE- 201A COMPANIES AFFORDING COVERAGE x Ontario Calif . 91764 - CO""A" A V remont Colapensar ion Insurance Company COMPANY g Ih2l�I�-'' if t It I+ " K+117. }:Il�'in['ctill�` Co. LETItHNY C P. 0. Box 4177 COMPANY 1 LF1T[R COMPA 1•ung Beach, Calif. 90804 LFIILFq IE F. IEF+ - .+il:-.�.tt i:%-�' •=..� Y :' -`�•y,,:{�:c.'rS c: "rs ; . 'A.ZW-•`._sf,.J�'<�-- - -`_1 7..' - -. , - - -- 11d>1%:1C'Ck+:I It r INA1 P,)LIC,ES 01 INSUIRANCE LISTE0[411 C+W HAVE Brru isfturt,TOTHE INSURED NAN Eb ABOVE FOR THC POLICY PE611011INDIC1kTEI+. • AO,>',)H_•)I.fi!'%C•A4Y RL(301"110 F N1,I VW Oh CO►;U')ION 01 Af1Y COP;TRACI DR 01HEr4 DDGUMENJ WITH RLt(`EC) TO W141CH IHM CE III IF IC:ATL 6Pi.Y h 15-40+'Of.WtY W,IAIII.1Hr INCVF:/:NCE AFI OR:,Et)BY 1H1 POLICIFr DCSCtu Fit I)KEREIN IS SUr7.IFCI TO ALI THE TFRMS,EXC+.t+SIONS, AND CONDI — �� I ION 1; OF SVC►I POI ICIES f 1n't OF INS:IA/Iy1:;F P:lL1CY AlUb1(!t fl tl,t(.I,;F PINK, rIfirvI:r L+ARu+1r LIM11;:IN THQUSANDR D+IIt (I!'f({t'.'r, DAr+ +l+t!"•Ati1 FAr..y: AD-I,lG1rt I CY•�l'AHI f �. 61w'r.AL LIA►IILrTY tlOG Ly N1unr' _$ $ N; •�r {JAI:l14iI{lrC"•-, D4�f4CC - $ t A �.3 CGu4NC:' S �• I Iq[k+tYl+ki C(+NITIALIUI,;. r'.''_'a: :�,� S TO FOnF :3 i t 'B�VA:'FI/U•!PM1P LI:I t DAti1h,Gl - P:+;-,.'>•1L' R.IUR'+ 1 _:'l' F'L++S(1f I,�1 INJUFIV $ r A.+1E�+.rmIIF l+A(IIIITY Alit Arl};I l�er:��y C1-y fto cney. .aw• R!n>. !Q�� ., + I A:: flYJh!II A',fi{rj lPka5111AN iHIJ Li AUI Or 1 rxi vtNk LtArkr.nY 't1A+i:i;1 A FQISI: CkW04 i r- E $ 001'L';IPI 1,VWt.1a[I A FOi'A gs.1;nC,Pi I it A %04KthS CCWI'tNSA.11ON wr-89135985-02 10-30-89 10-30-90 AND - i' Isis 00� � [DISiASI•PC;'C1' llNlll Fur`LOYF RS LIAI+u 11 Y .- C-i*+r a to td c10'I,CIN Of 0KkA1 CK.A,11(jN$-VEI+K-LFSitPL(:1A1 IlkM:; - •'-T Additlonal Insured: The City of Huritingt-oI1 Reach, its offirr-rs, agents and employees and aTid all ptthllc agencies as determined by thtt City while acting within the scope of Ehier dui -4S1-AFtru 4 k of;OT #.i�;ddijg6c 4bo+ eh� . ,')W10�1A�xE::. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE)I FD Of FORE THE Ex- City of 11unt1rlgton. 8eac11 PIRATION DATE THEREOF, Tf4E ISSUING COMPANY WILL ZXOV 4T3(M Pufll is works llf1+t . MAIL. 30 DAYS WRITTEN NOTICF TO TM! CtRIM)CAT!HO►OtA NAMPO 10 THE LEF 1• ltQ1QaRItJn![AQI TO��FO[ETJlMOp6a71�>9RDWwQ7C1sAC>RZ>I�%LLA 2000.Ma 1)) S t. awkwo rJammce=tv �� p rzitees7[ ,rt lion t ittg E on Reach, Calif. 92648 AUTMORIZFO REP I .+,* +t.,L:11t•r; :frirl3v��4�;iE;A�' 'Iq - - .1ji REQUEST FOR CITY COUNCIL ACT N I- �a-r�� �. a�r r- To�X,--bPW Date _ February 20, I990 Submitted to: Honorable Mayor and City Counci pp�O�VED BY CITY COUNCIL Submitted by: Paul E. Cook, City Administrator _ o't ' �19--W Prepared by: Id Louis F. Sandoval, Director of Public Works ITY LTR.K Subject: SPEER AVENUE IMPROVEMENTS; CC-781 Consistent with Council Policy? x[ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: VXY STATEMENT OF ISSUE: Pursuant to City Council approval of December 4, 1989, bids were received on January 17, 1990 for the Speer Avenue Improvements. RECOMMENDATION: 1. Approve the low bid submitted by Ruiz Engineering Company and authorize the Director of Public Works to expend $50,849.61 to cover contract costs of $41,749.61, estimated construction contingencies of $4,100.00 and anticipated "incidental" expenditures of $5,000.00. 2. Approve and authorize execution of an appropriate contract. ANALYSIS: On December 4, 1989, the City Council approved the plans and specifications for the Speer Avenue Improvements and authorized staff to solicit construction bids. The total project was estimated at $45,000.00. Bids, as summarized below, were received and opened on January 17, 1990 1. Ruiz Engineering Company $41,749.61 2. Josip Kovac Construction 44,074.60 3. Sully—Miller 44,599.80 4. Excel Paving 45,931.20 5., Bay District Paving 49,467.04 6. Nobest Inc. 49,687.40 7. : Jerry Cross Paving 49,689.10 S. Damon Construction Company 59,656.50 Staff has reviewed each of the bids and recommends acceptance of the low bid submitted by Ruiz Engineering Company for an amount not to exceed $41,749.61. P10 5185 •r Speer Ave. Imp. - RCA February 20, 1990 Page 2 The required street improvements for this project consist of the foIIowing: new structural street section, cross gutter, curb and gutter, sidewalk, driveways, concrete steps and street lights With the completion of these street improvements, the present drainage problem shall be eliminated. FUNDING SOURCE: Based on the amount of a contract to Ruiz Engineering Company, the total estimated project costs are as follows: Contract Cost $41,749.61 Construction Contingencies 4,100.00 Incidentals 5,000.00 TOTAL $50,849.61 Sufficient funds of $50,849.61 are available in fiscal account number E-S F-P C-7 81-6-3 2-00. ALE Nv T E TI Reject the low bid and advise staff on how to pursue the project. ATTACHMENTS: None PEC:LFS:LJT:dw 23I0g/3 RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH,CALIF. Jim 17 2 of PH `90 961 NJ oo L1 � 3{1731113V3f"r Nutroilif t1N 3O ",t o Ka313 A113 03AI333V DATE : ` Jdnua-i.�y 17 , 1990 op EN--.Ct t�cER' S • ESTIMATE: + Bonds received by.Treasurer's JOB ANr),_jGC--WUMBER: CC-781 Speer Avenue improvements Office BIDDERS NAME TOTAL BID AMOUNT 1 . B--1. Enterprises , Corp ._ �� 2 . Heritage Construction 3 . Damon Construction Co . 4 . SulIX Miller 5. Excel Paving G'11,P�2EG T 6 . Jerry Cross Paving_ __ 7 7 . Modern Asphalt 8 . Josip Kovac Construction 9 . Nobest Inc . _7 10 . UY Dist . Paying 1 , 12. CM Construction DATE':. ianua:- . 17 . 1990 ENGINEER'S ESTIMATE: 'ZIS 1 Q0 O JOB AND CC NUMBER: CC-781 Speer Avenue improvements BIDDERS NAME TOTAL BID AMOUNT I . B--1 Enter rises . Corp . 2 . Heritage Construction 3 . Damon Construction Co. 'y 9 S S G 4 . Sully Miller 5 . Excel Paving- 5 . Jerry Cross Paving 7 . Modern As halt 8 . Jo-sip Kovac Construction O � 9 . Nobest Inc . IQ . .Da.y Dist . Paying 12. CGO Construction F_' nCotinental Insurance_ BID BOND K':OW A1.1, MEN HY THI-SE PIZI Sl-.N'Tti: BBSU: 159-24-17 That. Damon Cons t . Co . cif Gardena state of CA hereinafter called the Principal. and Firemen Insurance Company of Newark , New ,Jersey hereinafter called the Surety, arc held and firmly bound unto City of Huntington Beach of Huntington Beach , State of CA hereinafter called the Obligee, in the sum of ten percent the amount {lid in ( 10%) DoIi.trs; for the payment whereof to the Obligee the Principal {rend their heirs, exectitors, administrators, successors. and assigns, and the Surety hinds itself, its soccestiors and assigns, firmly- by these presents. signed, scaled and dated this 17th day of January 19 90 Whereas the Principal Is herewith submitting the accompanying hid dated ._January 17, 1990 for Speer Avenue Improvements CC-781 Now. Therefore, the condition of this obligation is such that if the hid fic acceptc,l :Is to any or ail of the items of matcreal and workmanship proposed ro be furnished thereby, or as to any Conlon of the same, and if the Principal well. within the period specified therefore, or, if no period he specified, w ithin ten (10) days after notice of the award of the contract, enter into contract with the ilhlipec, to furnish all cork anti material at the priers offered by said laid, and will furnish bond with good and sufficient surety or surrtics, a% rr.ay be required. for the faithful and proper fulfillment of such contract, then this obligation shall be void- And the Nuren hereby binds itself aml its successors to pay to the Obligee, in case the Principal fails to voter into such conrracr, and Rive such hand within the period specified therefore, or, if no period he specified, within tcn (10) days after ,kith notice of award (if contract the difference in money hetween the amount of the hid of the Principal on the work and materl;ll so accepted, and the amount for which the Obligee may contract w rth others for such w ork and material, if the lattrr amount he in excess of the former, but in no vvcnt shall the turerty-'s liability exceed the penal sum hereof. In Witness u'hervof, this instrument has been t•xc•cuted by tht• duly :itilhorizt•d repre sentative% of the Prin- cipal and the Suretv. Damon C'onst . Co. t5eall - -- ------- --------p By: Firemen ' s znsur nce Comp v of Newark , New Jersey i -------- ------- --- Sur 1y -- - - - - By ... ..- _ . H S . -RESTRICK Attorney Bo-E 1264n US A Firemen's Insurance Company of Newark, New jersey • t' GENERAL POWER OF ATTORNEY Know all men by these PresentS, That the FIREmEN'S INSURANCE COMPANY OF NEWARK.NEW JERSEY has made. c owtiriocd and .appointed, and by these presents does make, constitute and appoint JYnes H. Restrick of Glendale, California ils Inn .ind I.,t,lttl-+tt,xney• for it and in its name, place.anti%lead to execute on behalf of the'said Company, as Surety,bonds. undertakings ,ar,[l + t,ntr.lt!-. -r: ,tirrtN,,hsp to he given to Atl Obligees provided lhal no hond or underlaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ter, Million (10.000,000) Dollars l has f Lt we+r nil mi,)riw• rs granted and is stgnPd and scaled by facsimile under and by the.:uthoniv of the following Rr-solution adopted 6;- the fJfr,rrfl fit Dire"c Ir,rs or the FIRFAIEN-S INSURA►v(A COMPANY OF NF VARK.NEW JERSEY al.),meeting daily.ailed and herd on the 13t tf,iv or I.anu.irv, 1989 ,-. [) L,.d:A•- h-,,mart or Ihe Booms.[he Yu a Chd,rman of the Swint the Pr"-wicnl_do I aN(uli�r b,r c fRCvdrni rX a�en�or VKr Pre•s�rlem or J VtCe F'r[K�rienl Of:he ,, ,n,;,.,•,, :. ..,�Ith.r.,-..i,•w ans ul rftcrvs hereby+s-awhont[d loe•e•,r,rc Powcn u[A7csn•yqu.,LhTrng the anorn[•v ndmmi in rY,e.,,,e n Pow e,r I Airo•nay toe=role ir.lehJlf of the s Ifar.tisl^- .�1i l L e •,1 PAN OF NJ16VAfi A.-,FW II RSL Y-b,snds•urxlert.,kings and all con I rams of,urelsl hip.and that an.'dsw.inI vice PfM idenr-a Se<ret Jry ur do.,ks"si3nI r,.:.u, I. to-„!r!,-r !, any nl Ihem hevrby-s..ivilim!M In allrsl the rail ui,on of any wet,r'UKr- UI Airtime% and[q dndi h Ihervto the teal ni Ihe Companv r' ';: ,f c s,V.!^ Char ihr ti kadlu't-s of su(h orfi(m arx:,he x•al ul the('ompany ma) be dtti,a1 Io anv such Po�v of lrorney or r�anv crnr.�caie elntrnry Iheretu b, •a.,-r:.'.• .i:,.;.s•,- .,rr,:. ...r.d-inr,rneY ck cemh[dtr•tKdrrnricu<h Ltt Srr7xle srhn.tlur�s pr r.H.i�mdp SeaishJ:flx•a.f+�r�ln(�lf�nt/rngurr,n fhe Cgrr[rS,,n,�c7�eny.:dr.'n[•el nnrr rn rh('lu:use s i„..�,, i..,•: .,^:1.-n�k�nl;M[Cxsira,t nl,urrnsh�p:n, InOi if.a Jrta(hrrl In %Vilnes,V it•rcof,the!'RIFNIL`'S I.`SURLANCI CO.SAI'ANY OF hLWARK,NE W JLRSEY has Caused its official seal to tk hereunto affixed. and ih. pii, ,,-nth 1.,Ix!5igfie%, ov one of its`•"iCe Prt�riet,ts )nd,a:ye;icll by one of ils Assistant Vice Presidents This 15 Cray UI oecpnbcr Itt I IRE IC.N•S 1NStJfL>vCf ('.01APANY OF NEWARK, NEW JERSEY By Is I B.tnta.nsSrs[ant Vh[e Enid B 1Skew v.re FNm dear SIAIE ( A r_(),NN[(_ fI( uT K._ On Ih1% day of n 19 before me personally came Emil B_Askew, to me known,who being by me duly sworn, did dr•po�e.,nd s,�P th.ai lit, s a VfL Gent of Ne f IRF,ti1FN'S INSURANCL COMPANY OF NEWARK.NF W JERSEY,the corporation describer: in a)d%,hit It e•xer tilt-d the•above tr,sirurnenl•that he knows Ili(,seal of the said Corporation.that the seal affixed to"he said instrument is such corl,t,r.ity u•.al, ih-il t1 was so affixed by order of lh('Board 11 Directors of said corporation.and that he signed his n-me thereto by like ordef- ci HUttyr :r �''•••a=- "OtARY PUBI IC My Cnmm,ss,an f aprres Mdf4h 11. 1991 CERTIFICATE f. Oft' trnrit•l%[t•rte'fl. an Assisram Vice President of the f fKf,t EN'S INSUKAN:Cf. COMIWN'Y Of Nf WARK. NEW JERSEY. a Ne%v JC.rstw t c,rl;t,r.tri-,rt" 00 I it RI BY (AR11f Y that the forctgo,nti arld i1%1ChCd Power of Aiturney rt'ri,atns in tull t ,'Cr and h.as not hctrfa revoked: and furlht •:••.-iv I11.11 014. Ri-miltrlion of the Board of ()If(-(tors. ;,vt fort`) in the said 11VL,"e•r ot.Aitunac+l- is nciw in forte' - '-ty;i•.r-d .inri 'A'-Ilt-d Al the town of f'arnaingion, the State of Conncr_Ituit [).fled Ihe ] 7th day of Janudr lc) 90- ^� - f Dr-rrrr,d a+,(•_-4syst R,`.u •Prn,dr-nl DAMON CONST. CO. 500 E. Gardena Blvd. r Gardena, CA 90248 (213) 3247141 FAX 0 (213) 324-3569 state cowactars Licartse N280588A �NCLc�sp C 1-Ty 4 OFFIC .� i SEC01: ao« J Can I 17 1990 J —PQO t?0.Sf1L- woe S'p AVENUE. l MtPRb►�IEfY1Ei\)TS SEABOARD SURETY COMPANY Sh ADMINISTRATIVE OFFICES-. BEDMINSTER, NEW JERSEY BOND NO: 766046 PROPOSAL BOND PREMIUM: INCLUDED IN6BBSU Know till On hg 14tor 11mients: THAT WE, SULLY-MILLER CONTRACTING COMPANY 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 the City of Huntington Beach, as obligee, in the sum of ten percent ( 10%) of the total amount of the bid in ------- DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 5th day of January 19 90 . WHEREAS, the said principal is herewith submitting its proposal for Speer Avenue Improvements Project 'No. CC-781 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 requires} number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise theprincipal and suret will a 8 Y pay t 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 i if the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. 1 SULLY-MILLER C TRACTING COMPANY Principal F By L •�. Ge rge M. Lubanko, Assistant Secretary SEABOARD SURETY COMPANY By_... � V.U� (t., t 31 ,,...._.__._____ Fom 136 Irene Lau, A rney-in-Fact �copy- - - Q - Certitlf -C- = SEABOAR SUI�STY OIVAI�T'Y No. 10323 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 pauI -C. Hughes or Irene Lau of Costa Mesa, California its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and other instruments of similar nature as follows: Limited to -the amount of FIVE MILLION ($5,000 ,000.00) Dollars. Such insurance policies,surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if 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 Vit,SECTION 1- "Policies,bonds;recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto. Insurance policies,bonds,recognizances.stipulations.consents of surety and underwriting undertakings of the Company,and releases.agreements and other writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board.the President,a Vice-President or Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary or a Resident Assistant Secretary;or(b)by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the 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 seal of the Company shall if appropriate be affixed thereto by any such officer,Attorney-in-Fact or representative" IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries,this ..,Z1_st..... day of -..... Jul.y... . ..... 19......8 8 �gtleETYP - - * �} Attest, _ SEA RD URETY C MP Y, a 1927 i By L�� u a 0. (Seal),? `.. Assistant Se retary ce-President STATE OF NEW JERSEY ss.; COUNTY OF SOMERSET On this ----21 st,....... day of -.-.- -July. .... "-" • • -" •---" •-•--- -------- ------- ------- 19-18..., before me personally appeared -----,-- •--,---- mi h4e1,..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 -Ne-w.-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 c,Cotitpany by like authority, - = _ FELICE M. CATALANO -_ `ISbalj'r RY PUBLIC OF NEW JERSEY •_ ~ ommission Eq. n Y, 1991 Notary- No --- ---•--• -• •.... ......... ... .... ...... ta Public ,- ... June C E R T I F I C A T E dersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is titf.ti•• 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 appoint an attorney-in-tact as provided in Article Vil,Section 1,of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority 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 Comdany and of the signature of an Assistant Secretary on any certification of the correctness of a Copy of an instrument executed by the President ora Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-tact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other Instruments described in said Article Vil, Section 1,with like effect as if such seat 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 �t@Q6*tTY�ot 5. h................... day of ................J.a.0114ry-................................. 19..90. .-- 1927 �.... .- S ary Tforpt`M�� orm 95. pev y841 RECEIVED CITY CLERK CITY OF HNNTINCTCN©EACH,CALIF , _ - J�H a 4 f "s SEALED BID w TO CITY CLERK w C.ITY OF M1 1WINGTON BEACFI 2000 11AIN STRUT, J-jmIN=Nj BLACH, CA 92649 # i 7 Bid Date January 17, 1990 - 2 00 Pi Bid Pro3 SPEER AVENUE L IPROVE''1CNNTS PROJECT NO CC-731 F r r i A, y� ' _ . J . tea.Kam. �t • 1 1 CHUBB GROUP of Insurance Companies "The Frcrniu�'• Ch..? d for this Bo-.d ;; r'C.u�_d in 1h,51 shown CHUBB 15 Mountain View Road, PO E3ox 1615. Warren, NJ 07061.161a on the Annul Bid Eiond." � i FEDERAL INSURANCE COMPANY i BiD BOND Bond No. Amount S Know All Men By These Presents, That we, E�coel Paving Cotrvany (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY,Warren, New Jersey,a corporation duly organized under the taws 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 arrount of the bid Dollars 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 3 day of January A. D. nineteen hundred and ninety WHEREAS, the Principal has submitted a bid, dated January 17 for Speer Avenue Improvemnts, No. CC--781 i 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 l performance of such contract, or in the event of the failure of the Principal to enter into such contract and give i 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 pasty to per- form the work covered by said bid, it 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. .s Excel Paving Conpany Principal — p By_ c /t 4 an u. Brown President R FEDERAL. INSURANCE COMPANY By- f Doug • s A. 'Rapfl Attorney in FaEE ; = Form ;5-02-0002(qs. ,.83) PAINTE0 •. s F'-fl5356 (2Su) U S IN�lA POWER OF ATTORNEY Know all Iran 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 Robert M. Minot, Martha J. Chase, Linda D. Coats, Donald E. Rapp, Douglas A. Rapp, John Z. Schmidt and E. S. Albrecht, Jr. of Pasadena, 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-wit 1- Bonds and Undertakings tiled 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 Bona or Undertaking. 2. Surety bonds to the United States of America or any agency thereof,including those required or permitted under 1he 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'Compensa- tion bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public. Sheriffs, Deputy Sheriffs and similar public officials. 3- Bonds on behalf of contractors in connection with bids, proposals Or contracts. In Witness Whereof,the"to FEDERAL INSURANCE COMPANY rims.pursuant 10 Its By-Laws.caused these presents to Do signed by as Assistant vrco-Prosrd@n[and Assistant Sacretmry and its corporate Nat to be hereto stored this Ist day OP January i9 88 Corporate seal SEA C 10, O ! 4 FEDERAL J. IN ANGE C ✓'ANY By orga µCCla44an RICna e D a Ccnnor Asaigent Vic*-Prealdent Assistant Secretary STATE OF NEW JERSEY t ss. County of Somerset )I On this 1st day of January 19 88 .befpe me personally came Richard D O'Conndr La me known and by me known to be AsSIs[@ni Secrelry of the FEDERAL IN. SURANC4 COMPANY-[he corporalron desc'Ibee In and which executed the IoreQOmg Powar of Attorney •rid the said Richard D O'Connor being by m@ duty sworn.did depose and fay that he V As311tanL S@Cre[@ty of the FEDERAL INSURANCE COMPANY and xnows the corporate Sea:lhereol-Ina[trio seat allixec to the foregoing Power of Al[Orney Is such Corporal@ seal end was Ihere10 ani+ed by autnor,ty 01 rho ey-Laws of said CcrWany.and[hat he s•gnad said Power or Anorney as Afslslani Secretary of sand Company by like aJinomy-and that he is acquainted win Georg•McCiecan and knows him to be the A ScStanl Vice-PreSLdfnl of Said Company-and that rho$Lgnalufe Of Sad George McClellan suDscribed 10 Said Power of Alrofnay rs in the genuine har7ar ilirlg Ot said George McClellan and was thereto Wbscrlbad by amhOrny or Bard By-Laws and.n ceponani's presence No[any G� L EO,y Acknowledged and S-Oen 10 bOIOI@ me y d- pit lie deu aboLr w on NOTARY d- • PUBLIC • '- ��, ALICE LEONARO Notary Public �i J 6 p9� CERTSF1CATtOq HOTARy PUBLIC OF ttEw JERSEY STATE OF NEW JERSEY ss - KY Commission Expire= July i1 19g3 County of Somerset I-The undorSlgned.Assistant Secretary'or the FEDERAL INSURANCE COMPANY-do nereoy cortlry lhae ins following Is m rue"carpi lrom the Hy-Laws of the said Company as adopted by LIS Board C'Daecldrs on March 1'. 1953 and most recently amended MaICh S. 1986 and rh31 this ey Law Is In It.d fore@ and @Hen "ARTICLE xV111 Section 2 All bonds,un0enaclngS.comractS,[nd Other InslrurLemS vhel than as above ter and on beho4t of ihs Comp@ny W1 Kh n o aVtfla Lxe¢bf taw or tts cmmII@I t0 asKVfe-may and shiLL be @x@cuted In the name and on penal:of[he Cortpdny either Ji the Chairman or the Vice Chairman or the President or a Vrcip-Presiden[,jointly with rho Secretary or an Assistant Sector".under 1nelr-especlrv@ desrgnal,ons.except that any one o+more OHrcerS Or altornayS.rn-lmcl designated In any resolution Or Ire Board Of Drenors Or the Executive Commale@.or Lin any power of anorney @+«uteri as provided for in Section 3 Detdw,nay erecute any Such bond undertek-ng or other ootLgallon as prow Ld In such resolution OF po-or or attorney Section 3 Ay powers of artorrney lot and on behalf of me Company may and shall be fxeculed In the name and on behall of the Company.either by the Chmrrman or the V"Zhalrman or In@ PresLd@m 012 Vtce- Ptrsdent or an Asadtant VLc►PrwL*@nI,Iprndy w:lh the Secrstary of an Assdtani Sovefary,under IhM respoome d@SrgnatlMs The&"lure of SWXt Officenf may Do engraved.prvLled or Inheglsphed The Signature of each of Inc 101ICk g Officfrs Chairman.VLCs ChLrrnan,Pros.Eenl,any Vr-e P141xI@n[,any Astmant Vice PreaKWI.any S@chetwy.any Assistant Secretary and the a"of the Company may be affuLod by Iacs"Lle to any power of attorney a to any eandlCgite totaling lhirelo apporlung Assistant Secrolarres or Ahorneys-in Fan for purposes pay of executing and enestwIg bonds end~111klnps Will OIh@r w,mrp5 odLgno+y In me nature thereof.and any such power of anorney or Zertlllrlle bearLng sucn faesrrmLle srgnaturf 01 Irymhe s@ai Shall 00 rand•rid butding upon the Company and any much power to executed and certlfod by Svch tecSLm54e Sm]nstv's and lacs,m5t@ Seat L15[4 be V a41ri and brrdrtyy upon the Company nth raSWI to any bond Of undertaktng to which It;a attached'' I h.jnhe•certify that said FEDERAL INSURANCE COMPANY is duty Ilceraed to Ir:trwct iKW'ty and surety business In seen of ire States of[he Linked States of Amer".Oglrrct of Coiumb-.4.Pueno R-W and each of the Provinces of C"Om with the axcepl,on of Prince Edward Island.and Is @ISO(jury licensed ro become We surety on bonds.undandklrrgs.Ole,permitted or required by taw I,the unoersrgnen ALSLs:anr Serre[sry o:FEDERAL INSURANCE COMPANY.do hereby,terrify that lh@ foregoing Power of Attorney Is in full tore@ and effect G!venunderreyhan•lands."seatolsa-dCompanyatWarrenNJ-this dmyof c7I! .1990 Cf Aaalfta it$ecral" FkrJERSti naL.rt r o Ili Fore 24_t6033-7;Rev 4-B'}GENERAL us' RECEIVED CITY CLERK CITY OF EXCEL PAVING COMPANY 2230 Lemon Avenue LONG BEACti, CALIFORNIA 90806 TO: CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA A SEALED BID VKLIO, USAL F rri 5 ✓� , " PR0J E(".21 N It...tl 1 V'i BE R: BIDS: *7 `rr ❑ Fireman's Fund Insurance Company BID OR PROPOSAL BOND ❑ The American Insurance Company ❑ National Surety Corporation 0 Association Indemnity Corporation ❑ American Automobile Insurance Company Fireman'S Home Office: 777 San Mann Fund Novato, California 94948 KNOW ALL MEN BY THESE PRESENTS: That we, Jerry Cross Paving (hereinafter called the Princ al),as Principal.and F rema n ' s Fund I n s u rya nce COmppa:a V oorporation organized and doing business under and by virtue of the taws of the State of California •and duly licensed Ior the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorised by the laws o1 the Stale 01 C a 12 f or n i a as Surety,are held and firmly bound unto City of Huntington Beach (hereinaher Galled ft Obligee)in the full and just sum of Ten percent of the amount bid Dollars($ 1 a% 1 lawful money of the Untied States of America,for the payment of which,well and truly to be made,we hereby bind ourselves and our and each of our successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS,the above bounden Prirxapal as aforesaid,is about to hand in and submit to the Obligee a bid or proposal for the Speer Ave . improvements !`CC781 in ao=danos with the plans and spedlications filed in the office of the Obliges and under the notice invAing proposafs therefor. NOW,THEREFORE,it the bid or proposal of said Principal shall be amVed,and the contract for such work be awarded to the Principal thereupon by the said Obliges,and said Principal shall enter into a oontracf and bond for the oomplelion of said work as required by law,then this obli alion to be null and void, otherwise to be and remain in lul kxoe and aIfeci IN WITNESS WHEREOF,said Principal and said Surety have caused d*se premises to be duly signed thisl 5 t}-0ay of J a N U A R V .19 9 0 Jerry Cross Paving, By Company 364277-519-JMH Anorney-in-Fact ' r GE I1IRAL ArTi ANOEY FIREMAN'S FUND INSURANCE COMPANY I AOW ALLMEN BY THFS£PRE.SENTS:That FIREMAN'S FUND INSURANCE COMPANY,aCorporation duly organized and existing under the laws of the State of California,and having its principal office in the County of Marin.State of California,has made,tonswuied and appointed,and does by these presents make,constitute and appoint ------RICHARD C. LLOYD-------- its true and lawful Attorney(s)-in-fact,with full power and authonty hereby conferred in its name,placeand stead,to execute,seal,acknowledgeand deliver any and all bonds,undertaking.rccognizances or other written obligations in the nature thereof--------------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said AtIomcy(s)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article V I I.Sections 45 and 46 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect. "Ankle V0.Appointment sod Aufborify of Resident Ikvremries,Atroraty4n-Fleet and Agents to accept Legal Process and Make Appearances. Secd*a 45.Appolotmenf.The C3airnrso of the Board of Direttors,the President.any Vk*­Prrsddent or any other person sntborind by the Hoard of Dbtro fors,the Cbskman of the Board'of Directors,the President or say Vlet-President assay.hvm time to time,appolm Resident Assistant Secretarks and Attonmys-faFact to represent and act for sod on behalf of the Corporsdoo and Agents to accept legal process and make appearances for sad on btbalf of the Corporation. Section 44.Aothorify.The authority of such Rmldcnt Assistant Secretaries,Attorneys-lu-Fact and Agents shall be as prescribed in the Insunmeat etidesda= Umb appointment.Any such appotatnitat and all authority treated tbertby may be rrroked at say time by the Board of directors or b7 any Person empowered to Mike such appointment." This power of attorney is signed and styled under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 7th day of August.1994.and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President. Assistant Scariary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may bt affixed or printed on any power of attorney,on any revocation of any power of attorney,Or on any certificate relating tlteseto,by facsimile, and any power of attorney,any revocation of any power of attorney.or certificate bearing such faaisngt signature or facsimile seal shall be valid and binding upon the Corporation'.' IN WITNESS WHEREOF,FIREMAN'S FUND INSURANCE COMPANY has caused that presents to be signed by its Viet-Presidrnt,and its corporate seal to be hereunto affixed this 1 7 th day of _ November 19 88 FIRLM S FUND INSURANCE COMPANY /y o�� BY er C Va•Prp,�rni STATE OF CALIFORNIA ss. COUNTY OF MARIN Oathis 17th dayof November 19 88 ,before mepersonaliycame R. D. _Farnsworth tome known,who,being by me duly sworn,did depose and say:that he is VicrPresident of FIREMAN'S FUND INSURANCE COMPANY,the Corporation described in and which executed the above instrument:that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal.that it was so affixed by order of the Hoard of Directors of said Corporation and that he signed his name thereto by like order. IN 1Af TNE-SS WHEREOF.i have hereunto set my hand and a€feed my official seal,the day and year herein first above written. �snellulununulunnuenlnnllrlulurttr:ael,tla� OFFICIAL SEAL J. AL VANDEVORT NOTARY PUBLIC-CALIFORNIA : Na„yy„bLc Prirtcipal QfGce in ►tiro County x AAtr Comr-von tsp;rn Auo. 18.1991 = CERTUZCATE �INa1/1Nr1i1M11111r11nIN111N1111r 1IN1r11Ii1NUNr�� STA78 OF CALIFORNIA ss. COUNTY OF MARIN I,the undenigned,Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY,a CALIFORNIA Corporation.DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VI 1,Sections 45 and 46 of the By-laws of the Corporation,and the R=lution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Minn.Dated the 1 5 t h day of January 19 90 �•n}iL rrr?���fff((((((�ii�ii��ttttaaaaaa�Ito Gy 4- 0 RcLQMr AS1+RtaA1$.cR}ary U0'712—F1r II_V 4 JERRY- CROSS PAVING 777 W. 19th ST.. Suite H COSTA MESA, CA. 92627 C O Y City Clerk -" City "pf Huntington Beach �_. 2000 Main Street Huntington Beach, Ca. Sealed.'Bid-,For Speer .Ave. Impvts CC-781 Jan. 17.; 1990 at '2: 00 P.M. r iNstJRANCE COMPANY OF YHE w1 LT t O to-SID63 S.A D+ro,CA 92138 B113 OR PROPOSAL. BOND KNOW ALL MEN BY THESE PRESENTS: That we, JOSIP KOVAC CONSTRUCTION 9272 Cloudhaven Ave. Huntington Beach, Ca. 92646 (hereinafter called-the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making• guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as Surety, are held and firmly bound unto - The City of Huntington Beach (hereinafter called the obligee) in the just and full sum of ten per cent of total. amount bid---------------------- Dollars (S----10%--------------) lawful money of the United States of America, for the payment of which,well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid. is about to hand in and submit to the obligee a bid or proposal dated 1/17/90 for Speer Avenue Improverrents CC#78.1 ccordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. M. THEREFORE, if the bid or proposal of said principal shall be accepted. and the contract for such work be awarded to the ncipal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as wired by law, then this obfigation to be null and void, otherwise to be and remain in lull force and effect. WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this loth of January 119 90 Josip Kovac Construction BY: osip IN U A CE COMPANY (]A THE 'EST I C. Michael Henley tlorney•in'-fact CAL 120 INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: C. MICHA ;L HENLEY its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of INSURANCE COMPANY OF THE WEST at a meeting duly tolled and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President. or Secretary may from time to time appoint Attorneys-in- Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary. " IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this llth day of July, 1989. INSURANCE COMPANY OF THE WEST `pµ►Axr0 3 ycorvo�fro'�' resident STATE OF CALIFORNIA 55 �4rraa+►�* COUNTY OF SAN DIEGO On this Ilth day of july, 1989 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego the day and year first above written. jA -,,!S THEODORE . -,1P4L cx:!Ct. IN NotaryPub is SAN 0+CO Cii;NTy -i Sly frrimrvq.,;a �,_.: 1 1 1990 ✓ STATE OF A��FOi2NtA S'��rtid'4`r COUNTY OF SAN DIEGO I, the undersigned, JAMES W. AUSTIN. III,. Secretary 'of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF 'ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, arc!- has not been revoked. r IN WITNESS WHEREOF, I have hereunto ..subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this day day of January 19 90 SU PAkI r i a'M#A f�O's Y iSecretary ICW CAL 37(REV. 5/87) `+., ''' . y RECEIVED CITY CLERK JJ t CITY OF r AN fit 42 ;ll jo y � � ob ' , 1 h "The Pretnlum Merged for tst Bond 15 Included In that shown On the Annual BId Bond." ' Continental Bid dace:January 17 , 1990 Insurance_ BID BOND 1;N()G AI-I. h1f:N fil' THESE PRi Sl"NTS. That, NOBEST 1 NCORPORAI'ED of - , State of - hereinafter tailed the principal, and -- 'I'HF-CON"I'IN N'FAL INSURANCE C,0KPANY hereinafter called the Surety, are held and firmly bound unto .C.I TY..OF HUNTINGTON BEACH of , State of hereinafter called the Obligee, in the sum of TEN PER(:I;.0 .0070 -OF T'UE TOTAL AMOUNT OE' THE f31D . . . . Dollars; for the payment whereof to the Obligee . . the Principal bind its heirs, executors, administrators, successors, and assigns, and the Surety binds itself, its successors and assigns, firmly by these presents, Signed, sealed and dated this . -. .. 12- day of . .. . . .January I9 y(} Thereas the Principal is herewith submitting the accompanying bid dated J1 111u.arY .!7 1990 for . SPEFR- AVEN.UE..IMPROMMENT CC: NO. . 781 Now, Therefore, the condition of this obligation is such that if the bid be accepted as to any or all of the items of material and workmanship Proposed to be furnished thereby, or as to any portion of the same, and if the Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after notice of the award of the contract, enter into contract with the Obligee, to furnish all work and material at the prices offered by said bid, and will furnish bond with good and sufficient surety or sureties,as may be required, for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby binds itself and its successors to pay to the Obligee, to case the Principal fails to enter into such contract, and give such bond within the period specified therefore, or, if no period be specified, within ten (10) days after such notice of award of contract the difference to money between the amount of the bid of the Principal on the work and material so accepted, and the amount for which the Obligee may contract with others for such work and material, if the.latter amount he in excess of the fotmet, but in no event shall the Surety's liability exceed the penal sum hereof. In Zitness Whereof, this instrument has been executed by the duly authorized representatives of the Prin- cipal and the Surety. \'03EST 1.NC0RP.0RATED --..... (Se ricipal By .... . .. .................. ry �c-eA ea-Aw .i.ljy..GgNTINF. TAL INS RANCE C MPANY ...... y ....... By: . .. .. . .. Linda D. Coats Attorney — in—Fact R­ 1267r) - The' 'Continental Insurance Company z� 180 Maiden lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents,That THE CONTINENTAL INSURANCE COMPANY has made,constituted and appointed,and by these presents does make, constitute and appoint Linda D. Coats of Pasadena, California its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten Million ($10,000,000) Dollars This Power of Attomey is granted and is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: "RESOLVEO,that the Chaimun of the board,the Vice Ctu+mun or she Board,the Pres+denl,an Exec r1*Vnce Psesider+t or a Senxx Yrce PreWent a a Vice president of She Company,be,and that each or any of them n,aufhoeued to execvte Powers of Atsormy gwhfrng the artormy named in the Srven Power of Arlonney to execute m behalf of she Company.bonds,undertakmp and air contracts of suretyship:and that an Assrsunt Vice Preudent,a Secretary or in Atusurit Seaetaty be,and that exh or any of them hereby k avthorued to atteu the eseCvuon of any suds Power of Anarwy,utd so attach thereto the seal of the Compul- FURTHER RESOLVED,that the s;"luret of such atttcess and the seat of the Company may to affixed to any Bach Porter of Anorney or to arty cend-cale relating therein by tacumiie,and any such Power of Anomeyor cent l"e beuung such facwmile sigrtatun s or faainule seat share be valid and btsdmg upon the Company when so affued and to the hAune ,with teypecl to any bond.underu6ng or comnct of turetythnp to whKh d is anached:" In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May,1985. THE CONTINENTAL INSURANCE COMPANY Attest: By Robert W.Adkr.St_Asuww t Ytce P-4aderst �—�� lMfdaet I.Beertaeri Ysoe Ptesiderst STATE OF NEW YORK COUNTY OF NEW YORK On this ist day of May,1985,before me personally came Michael J.Beenuert,to me known,who being by me duly sworn,did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation,that the seal affixed to the said instrument is such corporate seat;that it was so affixed by order of the Board of Directors of said corporation and that he sighted his name thereto by like order, MEL TARANTO s NOTARY PUBUC Sute d New York ho.24 4%31 t 7 Quat.in KjW Caamty CERTIFICATE Corrrnutiort Lwo" ]A,,W f,the undersigned,an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY,a New Hampshire corporation,DO _ CERTIFY that the foregoingand attached Power of Atiomey remains in full force and has not been revoked;and furthermore that the of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the City of New York,in the State of New York Dated the 12 day of January ,19 90. �-� I canes r s.octane,Asusurn v"Kv Pm%m m oZ o a�v �— 1 " � c AMWEST SURETY INSURANCE COMPANY �..rr. WOODLAND HILLS, CALIFORNIA BOND NO 1151425-15 PREMIUM IN=F-D IN 13BSU BID BOND BID DATE. Jan• 17, 1990 --_ KNOW ALL MEN BY THESE PRESENTS, That we, HAY DISTRICT PAVING', CIO. (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation, organized and exislrng under the laws of the Slate of California and authorized to transact a general surety business in the State of _- California -�- --- --�---- J (ftierEntiaft4'r naffed Surety), as Surely. are held and firmly bound unto-_ ___CITY OF HUNTIN(71MI BEACQI (hereinafter called Obligee) in the penal sum of - _ _ T -- _- _ percent i_ _ 10 __°`o) not to exceed SIX 7HOUS11ND and no/100 -----.- -- _ - _ Dollars (S-- 6,000.00 for the payment of which the Principat and the Surety bind themselves, their heirs, executors administrators. successors and assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for -- SPEERAV= IMPRDV_N'%E M' - ------____-.-- SPECIFIQ rIQN$ C'C781 NOW, THEREFORE, if the said conlrar;t be awarded to the Principal and the Principal shall, wrlfun such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract, cat if the Principal shalt fail to do so, pay to (fie Obligee the cfarr,ages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS _ 11tb--__ DAY OF _ ,Iarn��— _ , 19 -91 r P nCipal f- trORrO�wIEO ♦�> 1 1'�b AM T 09hETY INSURANCE COMPANY G Wanden Attorney-in-Fact /// UN-A3004 3:88 I POWER NUMBER /�� AMWEST SURETY INSURANCE COMPANY I _ VOID IF NGTT USED 3V —. } /�{/may P_O- BOX 4500.WOODLAND HILLS. CA 9Q65-4500 — — — — — — — A 2 7 2 6 1 — (818) 704.1 t 11 JANUARY 1, 1991 I. � $OND sfUMBEF[ � 1 — — — j LIMITED POWER OF ATTORNEY ! No Power of A,tomey on this form I 1151425-15 (HEAD CAREFULLY) ! shall be valid as to bones undr.r i _ rnc takings. recogn,xances or txner I This PrW. of Atfoy has Dean I To�user only In Conjunction-with the bond wnnen Oatgehorta is the I;tlure i delivered ,n connection w,lh the dbove bend number specified herein- - ther/0[exaCutad on or anew sai'g ! _ I expuatton(Jane l I NAME OF PR:NCIPAL _.--BAY DISTPJCT PAVL'W- CO- — PENAL SUM S 6,000-00 — — — NAME OF OBLIGEE CITY 0P HLJNTINGPON ?3PACH ——— l f:,.s"awes of Wrunney.',ay qIX:>A used in r-Onjun[fion with Jrry Dlher pgwe!cl au0rney This Rc,var ul Attorney is Vn,tl if aho:od or e:need rnis ckxurn,:n! I I ,s cr.r.ed r,r blue gapes w th Clack arc red ink This power at attorney bears a tatsed seal tit AMWEST SURETY INSURANCE COMPANY.Only ovga4ils i 4 &-ris oowL,-of A_10rney are va'd No represantafions or warfantieS rega-dinCJ 1hiS Rower of Aj?urney may be made Dy any person Wier than an:d'J[forit!•d n1f cer of AMWEST SURETY INSURANCE COMPANY,and muV De in writing Ouese.tons Or inqu-nes regarding mis Power of Attorney must De addresss-C 5 'c AMWEST SURETY INSURANCE COMPANY ilk Iha address and Wephons number set;or•.k,at the top of this Power at AitOrney,Anoniton.Undecwrtttrq I Cccdrimenl Th s Power cf A1lcrney Shall be governed by flip laws 01 the SW,e Of California Any power Of alfoney used in conn,rCtidn wish any b09C lssufti j } ry AMWEST SURETY INSURANCE COMPANY on or after February 21, 1989 must be on Ar,weS:Form U^!-AIOC7 jRFV 2'89) A)I c_ther previous power 4 e'arofney bnrs sued Cy AMWEST SURETY INSURANCE COMPANY have been fg�ket acid We of no tuC•her lace or ettec: I KNOW ALL MEN BY THESE PRESENTS that AMWEST SURETY INSURANCE COMPANY,A GLAFORNIA OQAPORATION•(the"Company-'),does her" make.Constitute and appoint G..i_SANDEN AS EMPLOYEE OF SANDEN BOND&INSURANCE AGENCY,INC.OF WOODLAND HILLS,CALIFORNIA its true and IWUi Anornegs}in-Fael.with limited power and authority for and on x11811 Of the Company a$surety.to execute and deliver and affix the real of.the Compafly tferaro if a slat is required.bonds.undertakings.fecognizances or Other written ObbUoltons Nt the nature thereof•as fond": B,e Bonds to S100.0W with pftor Company approval; Small Business A41minrstration Guaranteed Bonds M$250.000: Contract.Court A Subdmsion Bonds so S750AW with poor Company appfovaj. License.Permit&Miscellaneous BwAS to SIODW with prior Company approval. Notwithstanding anything contained In this Plower of Attorney to the contrary.this Power of Attorney does not apply to riders.enoorsernents.consems Of surety.supplemental agreernems.waivers•extensions of time.or any other documenr which varies or changes the farms and conditions of any authorized bonds- and to bind AMWEST SURETY INSURANCE COMPANY thereby This appointment is made under end tty authority of the fOgowing provisions of[tie By.Laws of the Company,which are now in tun Bose and efMa: An,n/Ill.Section T of the Sy-lows of AMWEST SURETY INSURANCE COMPANY Tn:i Dower.of Attorney is signed and aaalad by taeatmtle un6 r WV Dy the aut"Vy Of the 104lowin2 reeotutnnS aM%WI by the LOgm N doeVi2rS nI AMWEST SURETY INSURANCE COMPANY as a meeting duly hold on Decomber 15, 1475 RESOLvED that the preardery or arty v1Ce-WeelO nr.in cOn(al0lon with the socisury of jury asa.atam secretary.may appoint anorneys-m-lao at aQema with Autr+Onty eS deAll ed Of hntiled in the rnetrUnIgnt evidtfoortg this epporrXrtrn to each caM.for and on behalf of Ins Comporly to execute and delver and affix the slat of the Compay so bOrda undertak";&reooflnizincea.and surWyshrp Obligalioro Of All kinds.and said petters may remove any such affornay.m-tin or agent and rhoka any Dower of aromw pravtoWry granted to Such Person RESOLVED FURTHER that any bond.undertaking.NKXVntx&nca.or suretyship OWgeUon start tie valid and btrdtnq upon the Company (q when signed by the prssldore a any nee preyder t and affected and seaMa(if a Seal be required)by erry secretary of assivarll secretary.or (1i)when Signed Dy the pmsldent Of any YiCe•preatdlem Or secretary Or aletstam secretary.and COu rderltgned and aeew(it a seal be required) by a duty authorized atl0rnay-In-fta Or agem:of (ill)when(Jury executed and sealed IiI a a"be required)by Ono or more attorneys-in-fact Or admits purnynt to AM within the limits Of the au[hofiry evidenced by the power of attorney issued by the Company to such person or persona RESOLVED FURTHER tans the signatum 01 sty athorized litter and the seal of 1t,&Company may be aftued by facsimile to any power of attorney Or conificaGOn fherjO aulhoitzing the execution and deoverp of any bond.undeft0drlg.IetogngAt".or other suretyship Obdgations of the Company.and such signature and seal whom so used step have the same Iorce and eftaa as though manualN stfixad_ IN WITNESS WHEREOF,AMWEST SURETY INSURANCE COMPANY has caused these preaerrta to be signed by its proper orAoero.and Ili corporate seal to be hereunto arrxed this— 7 day of December 19 89 �,�" // OarY A gyps.Prs4ar� ---------- STATE OF CAUFORHIA.Ct>UNTY OF LOS ANGELES—as On tits__>>yLy dot_ December A 0.IS _personalty cams tl/fora rite Gary R- Paterson and Karen G. Cohen 10 me khOwn to be the individuals and Officary of AMWEST SURETY INSURANCE COMPANY.CALIFORNIA who;executed the above instrument.and they each acknowledged the execution of the same.and bein4 by me day Sworn,did saverLy deplsee and say-that they are ate Said officers of the corporation aforesaid. and:hat th$seat affixed to the above instiument is the seal Of the Cormat,on.and that Said corporate seat and thMr sgnatures as such officefs were duly atf:zed and s4ibSCrib4d to the slid inst:umem Dy Ind,authority of[)to board of dir@Mr]of said corporation orre+.4sara 1 , (SEAL) ��lit�'rlr aA co r r r.r—r rr M ayn.P��t.r STATE OF CALWORMA COUNTY OF LOS ANGELES —ss CERTIFICATE 1 the undersigned. _secretary of the AMWEST SURETY INSURANCE COMPANY,a CardOrnd 00rporat,on.DO HEREBY CERTIFY that the 'orogomg and anacheo Power of Attorney remains in full force and has nor been revoked-and fYffherrnnye,that the provisions of the By-Laws of the CWnDarry and the ResolutiDr.3 Of the board of directors SM forth in the Power Of AnOrn@y are:tow in force S red and sealed a[— trtiYAD.v�i�]J 11ZiIS thin—lit n Jot.^.uaT r f rig —�———�——----- —---—•—� .�day d----.— .---- 9 9ja_ Al,r..•,c. 4E. ia: � i �"11L ✓na�G�ve Gr� CCC�c l�+-lintr��ui� G /1kQ : ��i ��Rv� z , r� rzryl r MERC,11ANTS �BONDING GOMYA" c/ '�L%_L t LA,b S-P.. 3465 CAMINO DEL RIO SOUTH. SUITE 310. SAN DIEGO. CA 92108 (619) 282.7172/(600)624.2415 111D OR PROPOSAL BOND KNOW ALL MEN BY THESF- PIZESENTS: That we , Ruiz Engineering Company (hereinafter called the PRINCIPAL) and MERCHANTS BONDING COMPANY (Mutual ) , a" corporation organized and doing business under and by virture of the laws of the State of Iowa and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California as SURETY, are held and firmly bound unto City of Huntington }teach (hereinafter called the OBLIGEE) in the full sum of Ten Percent of Amount Bid-------------- -------------------------DOLLARS i S 10%---------- ) lawful money of the United States of America , for the payment of which, well and truly to be made, we bind ourselves and each of Our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the above bounden PRINCIPAL is about to hand in and submit to the ORLIGEF,, a bid or proposal date 1/17/90 for: Speer Avenue ImprovemeRt Proj : C - In accordance with the plans and specifications filed in the office of the OBLIGEE and under the notice inviting proposals therefor. NOW THEREFORE, if the hid or proposal of said PRINCIPAL shall be accepted and contract for such work be awarded to the PRINCIPAL thereupon by said OBLIGEE, and said PRINCIPAL shall enter into a contract and bond for completion of said wort~ as required by law, then this obligation shall be null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, said PRINCIPAL and SURETY have caused these presents to be signed and sealed this 16rh day of January 19 90 Ruiz Engineering Company PRINCIPAL BY: ;ter h nts. Peondirw (:Om an 'fu m' SUR TY BY in-Fact Michael. F.. Quigley / A t rney MERCHANTS BONDING COMPANY r•' �� -- MUTUAL '-- DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents.that To MERCHANTS BONDING COMPANY(Mutual),a corporation duy,organtzed under the laws of the State of Iowa.and hawing im principal offioe in the City of Des Manes.County of Polk.State of Iowa.path made,oonstwed and appointed. and does by these presents make.constitute and appoint Michael A . Quigley of Hunt i n g t o n Beach and Slate of California its true and la►vfuf Aflor-neyin-Fact,with full power and authority hereby conferred in its name, place and stead,to sgn.execute,acknowledge and deliver in its behalf as surety: any and all bonds and undertakings in its normal course of business , provided no one bond or undertaking shall exceed the sure of Five Hundred Thousand Dollars ($500 ,000) and to bind the MERCHANTS BONDING COMPANY(Mutual)thereby as fully and to the same extent as it such bond or undertaking was signed by the fluty authonzed officers of the MERCHANTS BONDING COMPANY tMutual),and all the acts of said Atlomey.pursuant to the authonty herein given.are hereby ratified and oonhrmed This Power-of•Artorney is made and executed pursuant 10 and by authority of the folk wrng By-Laws adopted try the Board Of DrKlors Of the MERCHANTS BONDING COMPANY(Mutual)_ ARTICLE 2. SECTION 6A_—The Chairman of the Board or President or any Vice President Or Seaelary shaft have power and auihonty, to appoint Attomeys-in•Fact, and to authorize them to exe=0 on behalf of the Company, and attar!the seal of the Company thereto,bonds and undertakrngs.reoognrzances.oon;racts of indemnity and other writings oblagatory,in the nature thereof ARTICLE 2. SECTION fib_—The signature of any authonzed officer and the Seat of the Company may be affixed by lacs+moe Io any Power of Attorney or Certrricat,on thereof authorizing the execulion and delivery of any bond. undertaking• recognizance. or Other suretyship obbgalKx-*of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed inWitness Whereof. MERCHANTS BONDING COMPANY(Muluall has caused these presents to be signed by its Vice Presrdent and Executive Vice President, and its corporate seal to be hereto affixed, this day 4 t h of May A.D-. 198 9 Attest: MERCHANTS BONPA ' FY 1Mutual) • �� By ukC•Pravd•rrt ••.�� {�cy� Pr.r Wnr STATE OF IOWA '.� • COUNTY OF POLK u •• On thrs 4 t ty day of M a t9 g qq before me appeared M J.Long and Rodney Bliss Ill_to iris persortaly known-who being by r4duly sworn did say that Ihey are Vice President and Executive V"President respecwey of the MERCHANTS BONDING COMPANY(Mutual).the oorporai;on described in the foregoing nstnunem,and that the Seal affixed to the said instrument rs the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporalgn by authority,of its Board OI Direclors In Testimony Whereof. I have hereunto set my hand and athxed my Offrcral Seal,at the City of Des Moines. Iowa the day and year first above written_ • Q G 7 ••� - Notary Pubhc_Polk cc o fV.10.ra IOWA Fn Mr Car to is on E•rtrar 8-4-89 ar 'oP STATE OF IOWA 4 R l AL S COUNTY OF POLK sra 1,M-J- Long.Vice President of the MERCHANTS BONDING COMPANY(Mutual),do hereby PWU4 above and foregoing is a true and oohed coin' of the POWER OF ATTORNEY. executed by sa4 PONDING COMPANY(WAyluel),whic;l is suit in force and ehect. • ��.•��a A7* • In WIness Whereof, t have hereunto set my hand and affixed tha seal of tl+e Company.at 96:40 �.•. ; this day of 19. _ �`: • 16th January 90 y 1933 c: Until Revoked This power or attorney expires - CO. 1344 Temple,Ave., P.G. -ox 4177 tong Bw.ck CA 90VA a PROM CC-78/ 1,740 �W^YO"'.•.aic.':_o+.�t.wL^.! .A?'l��{�.T••r.'..'J-� +.�.Y_'. ..�• _•y.; 1::.:�� - �. - .�• 'r ..t ._�_ • ..`...,' _ �~. RUIZ Et'MMEERM CO. 1344 Temple Ave., P. O. Box 4177 810 PROPOSAL FROM Long Beach, CA 90804 Firms Nome To the Honorable Mayor and City Council, City of Huntington Beach,California: In compliance with the notice inviting sealed proposals for the excavation, removal of curb and gutter, sidewalk, drainlines and driveways. With the construction of 16 foot pride cross gutter, curb and gutter, concrete driveways, steps sidewalk and new street section of 3" A.C./10 A.B. installation of residential lot drain, redwood header and con- duit for street lighting; grading 2:1 slope and the replacement of irrigation lines in kind. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans,specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach,California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository,the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depositary, or which prevent any subcontractor or materialmen 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,I propose and agree to take full payment therefore at the following unit prices,to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT 'TOTAL QUANTITY WRITTEN!N WORDS PRICE Excavation at 1. 365 C.Y. Per C.Y. 2 .So Z l Z SD Remove curb and gutter at 2. 245 L.F. -ru)o ,titres r L.F. Remove concrete sidewalk (W = 41 ) at 3. 190 S.F. &AI? ,(ia t'.c r S.F. x Remove concrete dr at Q.tl tr 'v 6n1 z-6-�� 4. 268 S.F. � r r — r s.F. -2L-s Remove miscellaneous sidewalk at 5. 38 S.F. �N� E� � I• r g e r 5.1:. P-t i ITEM APPROXIMATE ITEM METH UNIT PRICE UNIT TOTAL APO. OUA MTY MITTEN IN"MOB PRICE Remove drainlines and concrete box at 6. 1 each u�4 /{uK die°f �Tr fit/ per each Construct cross gutter (W=16' ) at 7. 712 S.F. ivy / U0� •�� r S.E. Construct curb and gutter (C.F. = 6") at 8. 408 L.F. S�vE AND /0 o - �• 9 `�.�Z3.6 0 Construct concrete sidewalk (W = 4' ) at 9. 811 S.F. r o ANU `;�0 . S J9�b .9 Construct driveway at 10. 818 S.F. cu0 7► Q r S.F. � 7S Zz�#q.S Construct concrete steps (W = 41 ) at ll. 5 L.F. Av � e o� Import asphalt concrete at 12. 117 ton 9 Import aggregate base at 325 ton qs� [} p per Import soil at 31 C.Y. Fet to grade water valve box and water meter at 3 each rlt yi✓� r/F 7S'- Z Z S. / per each P-2— ITEM APPROM"TE ITEM WITH UNIT PRICE UNIT TOTAL NO. QUAMTITY WRITTEN IN 1MOROi VRICr; Set to grade water valve box at 16. 2 each 1'J� �� 'P- r each 71— /SV Install 2" x 8" redwood header at 17, 7 L.F. 70 f Install residential lot drain at 1$. 1 each I �7 �r each /j- Install 1 i schedule 40 conduit at 19. 170 L.F. IJ41Z r L.F. Grade 2:1 slope at 20. Lump Sum per Lump Sum. r Replace irrigtaion lines in kind at 21. Lump Sum TD X r Lum Sum_ �o ry rl �N� ,�/o%Sl�nl� .s6✓�l� ttu,vnKSp �r7-y N�NG /-�N� 6� I o � � yJ�7��•6t P- a 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 cantractor's compensation will be computed upon the basis of the actual quantities in the completed work,whether they be mars or less than those shorn harain at the unit prices bid in the proposal schedule. The undersigned undwitends the contract time limit allotted for the contract is days. If awarded the contract, the undersigned hereby agrees to sign aid contract and furnish the necessary bomb within ten 00) days of the sward of said contract,and to begin work within tan (10)days from the date of approval of the con- tract by the City of Huntington Basch, 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 condwdw 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 interials to be furnislsed, and as to the requirements of the proposal,plans,specifications.and the contract. Accompanying this proposal is _ _ L iddzLr {;.101 6C.O. NOTICE: Insert the words "Cash," "Certified Check,"or "Bidder's Bond,"as the rase my be,Van amount equal to at least 10 percent of the total bid price,payable to the City of Huntington Basch. The undersigned deposits the above named security as.a proposal guaranty and agrees that it shelf be forfeited to the City of Huntington Beads as fiqukhAW daemages in case this proposal is accepted by the City and tM undersigned shill fail to axemu s contact for doing aid work and to furnish good and sufficient bonds in the form set forth in the spaafiations and contract document:of the City,with surety satidactory to the City within 10 days after the bidder has received written hwtice of the award of the contract;otherwise said secarity shall be returned to the undersigned. I_icutod in accordance with an act providing for the registration of comract Licsnn No. 3.5 Z-3 f �/z si,wMitur.of 0,. Business Address �y rm�Ie �ye •L.�On]�P,a �! e4 • 9 of 0 7 Plato of Residence Sa me _ a o ¢,p Je Oatod this_ 7- day of _ �A t4o,4 R)� .19 C10 Bidder shall signify receipt of all Addenda here,if any: Addendum No, loofa Received Bidder's Signature P— 4 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following Information. Additional sheets may be attached if necessary. I. Firm Name: UI � 1`�11�� 1I�Ei �C1 2. Address: 15gy TEi�lf_E �IE.LLON6 6F_ACff 3. Telephone: W . 1-307Q 4. Type of firm-individual, partnership, or corporation: P,4 TAlM5Hi/° 5. Corporation organized under the laws of the State of: CA- 6. Contractor's License Number: -3352,3let/ 7. List the names and address of all members of th .f� irm or names and titles of all officers of the corporation: 60150N y i Z LC 1 !J4 ul 75E 1 1 Z Ril cif _/J414 '�eAJA15 ZONG, be;g4a, _ �'A• 9a�faX 8. Number of years experience as a contractor In construction work: C7VE2 ZO ygRQ.S 9. List at least six projects completed as of recent date: CONTRACT CLASS OF DATE AMOUNT WORK COMPLETED NAME, ADDRESS & PHONE NUMBER OF OWNER 411 _ GI7y CF al?RO - 70o Wv 160 OF#13-3 004 � 7 � .l�N F &,e 13 217-gSZ6 EXT.3Z �c1'S 57: v�rr5 — �u,e. F►P,g,�� �c+f yi4A�M�RW, cam_ 3lZ3 ��y f 170 9� 6-7- kDy A�6 tU R. Rt 40,60E' t)007-1321 S� y Or L fq NHB+ew Z 01 F. [i9 WA8PA 7610010 s `l- �fPu T5 NO V 1 - b r�v3c# . �IoZ _--3Cp1 ,�rrrs. 5CpT ' p/2. 7"0/[{ w1cS0� ,cc►kt; ,UC'1>RNrEL 2 _ 0� Z 10. List the name of the person who Inspected the site of the proposed work for your firm: 'RI-Do )w Date of Inspection: -& - 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other Information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-5 DESIGNATION OF SUBCONTRACTOR In compliance with the "Subletting and Subcontracting Fair Practices Act" being, Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business 'of each subcontractor who will perform work or labor or render service to the prime contractor In or about the construction of the work or improvement In an amount in excess of one—half (t(2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which w€II be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under' the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub—contracts entered into and bonds furnished by subcontractor for this project. P-6 VON-"�::]I_I_USION AFF-E) VI To the City of Huntington Beach, Department of Public Works: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That ne has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. i9IG�t� �3�1v'L Signature of Bidder RUM IN."PIEFRING Cos 8344 Temple Ave., P. 0. BOX 4177 Business Address Place of Residence Subscribed and sworn to before me this 17� day of _ A tircr. �2�/ _, l 4X91q OFFICIAL SEAL N IA 1.ILXULAR Notary Public in an fo the County of �' "DtwPMUC-Mti:ku ►osummsca" �os f46��ES , State of California. :My Commission Expires �F$ S _ 199� P-y Ave" Q. O. sax 4177 1 Tem4�t 90844 Long 11.7 i J 40 C')ry cLE-P-K ; t� !TY 0 F 9V1YHNVlVH BEAC# 1 Z 00O /i /41N ST. �11 fjN7ryNG7UN BCI+,I� C� 9Z6419 SPE'EI� Au€ ,�uPu75 ,�' PROT. 4P CC -7,f1 J-/7^90 Z PM : aculr,w Lit a to PvNit.h AOrutr=R'*Cnts o'Ica►.1 1 K+ck4�+p pub-C fftolKal by Docrco of the swPorlor Court Of orange pub- 1-1 Cillitotnla, Mwmp*r A-6214, deloo 29 Soalombier. 19#t, Ono - A-24831.da104 11 Jwm. 1963 STATE OF CALIFORNIA County of Orange •.� IWru A&.WA"96...a " rw SPAO." a w w ► $. ,ram r0 K+tetiwirr�r/tal I am a Citizen of the United States and a resident of the-County aforesaid, 1-am over the age of eighteen yeas. and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT. with which is Combined the PVKIC NOTICE NO'nCE NEWS-PRESS, a newspaper of general circulation, INVrrM BIDS CC-7e1 rented and published let the City of frosts Mesa. clad b is hereby received, that _ p 'sealed bids will be received , Count of O State of California, and that a by the City of Huntington y Orange. Beach at the office of the Notice of Inviting Bids City Man Clerk rk of CitH Hall. 20OO pn Beach. California, until the hour of 2-00 p m-on January 17. 1990.at which time they vvill be opened and publicly . and read aloud in the Coun- of which copy attached hereto is a true and complete Cil Chambers for the Speer Avenue Improvements in the copy, was printed and published in the Costa Mesa, city of Huntington Beach A Set Of plans, speciii- Newport Beach, Huntington Beach. Fountain Valley, Cations. and Other Contract documents may be obtained Irvine, the South Coast Communities and Laguna on December I t,1989at the' 3 Department of Public Beach issues of said newspaper for Works. 2000 Main Street. Huntington Beach. Cali- fornia. upon receipt of a conse:utive weeks to will the issue(s) Of non-refundable fee ofr S 10-00 _ Each bid shall be made on the Proposal Form and in the manner provided in Ilia Contract documents, and December 14 198�_ shall be accompanied by a Cerlihed or Cashier'S Check or.a bid bond for not less then 10%of the amount of December 21 198 9 the b d.made payable 10 lha City of Huntington Beach Labor Coda Of the State let California and other laws of December 28 188 9 the State or California apWi. Cable thereto• with the ex- ceplion onty of such van- ations trial may be required under the special Statutes pursuant 10-which proceed- . ingS hereunder are taken - and which have not been superseded by the 19g provisions 01 the Labor Code Preference 10 labor _shall be given only in the manner provided by law - I No bid shall be considered unless it is made on a form I declare, under penalty of perjury, that the furnished by the City of foregoing is true and Correct. Huntington Beach and I 'made in accordance" nth the •Provisions Of the proposal requirements. Each bidder must be licensed and also pre- Executed on December 28 198 9 qualified as required by law. TheCity city Council 01 the at Costa Mesa, California. • City T Huntington Beach ra- Serves the right TO reject any Or all bids By the Order Of the City Council of the City of Hunt. Signature 4[nay ta Be ach. 1989 Connie 8rockW ay, City Clerk of the City of Hunt- Ington Beseh • Published Orange Coast Daily Pilot beCember 14,21, 04 28, 1989 rn965 PROOF OF PUBLICATION _ f r NOTICE INVITING BIDS ec - 781 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on Janu r 1� 7, 199Q, at which time they will be opened publicly and read aloud in the Council Chambers for the Speer Avenue Imps vents in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on December 11, I989 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non—refundable fee of $10-00. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 4th of December 1989. Connie Br kway_ _ City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 2260g REQUEST FOR CITY COUNCIL ACTION Date December 4, 1989 Submitted to. Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator' i Prepared by: Louis F. Sandoval, Director of Public Works f+gym Subject: SPEER AVENUE IMPROVEMENTS; CC-781 APPROVED By CITY C.OUN o Consistent with Council Policy? [ Yes i ] New Policy or E ceptie CITY cc,JCxx Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF LSSUE: Staff has completed plans and specifications for improvements to the south of Speer Avenge between the centerline of Morgan Lane to 400 feet east. RECOMMENDATION: 1. Approve the plans and specifications for said improvements and authorize the Director of Public Works to solicit bids for construction. 2. Authorize the transfer of $12,119.00 from the unappropriated Gas Tax Fund balance into the project. ANALYSIS: Bonds from developers for portions of construction of street improvements along the southside of Speer Avenue have been received. Completion of the street improvements shall eliminate the present drainage problem. The environmental impact of these improvements has been determined to be categorically exempt. FUNDINSOURCE: The construction of the street improvements for Speer Avenue is estimated at $51,000.00. Project funding shown below: City Gas Tax $37,209.00 Sum of Three Bonds 13,791.00 TOTAL $51,000.00 All PIO 5185 r� r Speer Ave. Imp.; CC-781 - RCA December 4, 1989 Page 2 A portion of the City's contribution ($25,090.00) is budgeted in Account No. E-SF-PC-781-6-32-00. The balance ($12,119.00) must be transferred into said account from the unappropriated Gas Tax fund balance. ALTERNATM ACZON: Deny approval of the recommended actions and thereby forego or delay the project. ATTACHMENT: Project Location Map F.I.S. PEC:LFS:LJT:dw 2249g/3&4 e ` SPEER AVENUE IMPROVEMENTS ( MORGAN LANE TO 400 FEET EAST ) . _l zioc sA V f--M r � PROJE T a L CAT I N iL E � rs[Irur GAR Filto i rif.tt )b wN I AAL�M1! 1 M ivW4v IgYil A rc 1 PROJECT LOCA TION MAP r t. CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUVTmGI NN BEACH To PAUL E. COOK From ROBERT J. FRANZ City Administrator Deputy City Administrator Subject ROD(= FOR ADDITIONAL Date NOVEMBER 22, 1989 APPROPRIATION TO FULLY FUND SPEER AVENUE PROTECT, FIS 89-36 As requested under the authority of Resolution 4832, a Fiscal Impact Statement has been prepared and submitted relative to the increased appropriation necessary to acocmro Sate the higher-than-expected bids received on the Speer Avenue Improvements Project. Anticioations are that an appropriation of $12,119 would be satisfactory for this Purpose. An affirmative response by the City Council would reduce the balance of the City's undesignated, unreserved Gas Tax Fund to $3,041,881. RO J. FRANZ Deputy City Achm strator RJF:skd `�Nc4l�r1C�'2 S 4�e'377_/'MA jZ�: - 5� OnC' N10I ICC INIV1 i Ii,1G SEAL`.' 31 )S pays CC-78t Notice is hereby given that the City Council of the City of Huntington Beach, California will receive scaled bids for the .Speer Avenue Improvements 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 December t 12 1989. A charge of $10.00, not refundable, .'.ill be required for each set of specifications and accompanying drawings. DIRECTOR OF PUF3LiC WORKS ESTIMATE Work Item Quanta 1. Excavation 365 C.Y. 2. Remove curb and gutter 245 L.F. 3. Remove concrete sidewalk (W=W) 190 S.F. 1F. Remove concrete driveway 268 S.F. 5. Remove miscellaneous sidewalk 38 S.F. 6. Remove drainlines and concrete box 1 each 7. Construct cross gutter (W= 1 6") 712 S.F. 8. Construct curb and gutter (C.F. = 6") 408 L.F. 9. Construct concrete sidewalk (1V = 49 811 S.F. 10. Construct driveway 818 S.F. ] I. Construct concrete steps (W=4') 5 L.F. 12. Import asphalt concrete 117 Ton 13. Import aggregate base 325 "Ton 14. Import soil 31 C.-Y. 15. Set to grade water valve box a.nd water meter 3 each 16. Set to grade water valve box 2 each 17. Install 2" x 8" redwood treader 7 L.F. 18. Install residential lot drain I each 1.9. Install I l/2 schedule 40 conduit 170 L.F. 20. Grade 2:1 slofle Lump Sum 21. Replace irrigation lines in kind LurnD Sum In accordance with the provisions of Section 1773 of t)e 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 Q_eneral 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 oroposal form, rnav i)e obtained a, tne. office of the Oirector of Public Works, City Hall, 11untim-ton '3eacn, California. No bid will be rc:ceived unless it is made on a Wank form f�irmshed by the Director of Public `.Yorks. The special attention of prospective bidders is called to the oroposal require rnents, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given -is 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 lvork will correspond therewith but reserves the right to increase or decrease the arnou_Zt of any class or portion of the work, as may 5e deemed necessary or expedient by the Director of Public Works. All bi,15 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 scaled and filed with the City Clerk at the Civic Center, Second door Administration Building, 2000 Bain Street, Huntington E3each, California, on or before 2:00 P.M. of January 17, 1990, and shall be opened by a committee comoosed of the City Clerk, the ity 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 5 th of February 1990 at the hour of 7:30 P. k-1. 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 February 5, 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. 3y order of the City Council of the City of Hunting ton Beach, California this December 4, 1989. ATTEST: Alicia W" ntworth City Clerk N-2