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SULLY-MILLER CONTRACTING COMPANY - 1985-02-19
i'1.i. - REQUE& FOR CITY COUN ACT1ON Dlste Submitted to: 11onc-rable !-tayor and City Cbunci 1 ; i Submitted by: Charles W. '", )son, Ci ty I mi.nistrator Prepared by: Paul F. Ccok, Director of Public Wbrkwj LAIYl�'/-�t'-►� Subject: R'7CX�.'iRL�:'t'VT'. ?AND RF_cViTAC:Iir. OF AM I'?)I:L`YtPOLIS -637 Consist`nt with Council Policy? (y;, Yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundi +q Source, Alternative Actions, Attachments: T.zk , •.1 TI' Cr ISSUE: Sally *:I.'?er has ccrrpleted U,C' reccr.structir.n z%nO. resurfacirtcr of At--lantt'l anti Tryllanapolls Avenue' s Beach Bctilevara and Newlaix. Strut. FtFX7C7-MIMATI Q 1: A.^caept thee, ir,p---o 1,aT er,ts anti authorize_? the Ci t;.• C I e r c) f i I t?x, `+c:t ice o',' Ccxrpte tion. ANALYSIS: On June 17, 1945, the Citti Council aw:-sn.ec1 ri cY.')rit:•ac L ,.o .':,11'; . a 11._r Construction Ccnipany for the : -c-onstnr-tirui and resorflac-.nq o: anc1 Tnd. —: )ol is Nvem--0 s bete'i Beach F3ou le«rd and New l and S trc��t. nx (x.n s t nzct.i an .accor.L:,.rx: to the apnroq.%�d plans/ specificatims i;= m-7w ccrrI)lete arrl t.'ae Piz-i for of FluMic :Jerks recamv--M-is ac.ceptanoe of tfk> pro iect and rcYntests Oiat. t:hp 1;rjtic.: of C'-rpletion 1✓r Eller, by the City Clerk. 'Ihe follcwinrt is a sur- raz!, of cx'.ntr.act Counc:i 1 Ac tu- 1 E_nnerxi i Lures Contract Anr&ini.: S 341 ,401 .65 S 3E;9, 908. (,-3* Cons tractiui Ccritinoencies: S U,280. 33 --- Tr)ta 1. S 409,681 .98 5 369,908. 63 •a'1Ct�1t11 field quantities for e:•:ca%,ati.(xi and asphalt- ccncroze were greater than e s t i;'A-11-ed. FuroM SCUF;SCr: Source of Fundinq: Pmis burkieted. in Caaital Datlay Pzoount 0746370 (i.e. Atlanta, Indianatelis Aveni a Mzb. ) $ 370,000. 00 County ('.-ts Tax Fbds $ 150,000.00 'iota 1 S 520,000. n0 ALTM4A=.'E AC' MS: N/A N/A tPEC:PIN:dw PI C%4 W. nECORDED :If) Ot HUNIIN iTON titACH ____... nc �r��►i�►( c. ..�.� t c.rf w r 01 tl►,- city cl r A LXEr.i NOT IC1 IS 10,111Y GIVEN that the contract. heretofore, awarded by the Ci ty Counci 1 of the. City of Huntington Beach , California to SULLY` MILLER, 6145 S.antayo_ Canyon__ Road , P. 0. Box 432. , Orange, CA 9266E who was the company thereon for doing the fnllowing work to-wit: The repair of street paving and the construction of medians and landscaping on Atlanta and Indianapolis Avenues betrieen Beach Boulevard and Newland Street, Proi_Qct CC•637, in the City of Huntington Brach, CA. That said work was completed by said company according to plays and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and than said work was accepted by the City Council of the City of Huntington Beach at. a regular meeting thereof held on __ October 21 , 1985 That upon said contract the SEAS ORD SURETY CC,aPA11Y was surety for the bond given by the said company as required by law. Dated at Huntington Beach , California , this ?Znr day of . , 19-as_. City Clerk and ex•o io C erE. of the City Council of the City of Huntington Beach, California STATE: OF CALIFORNIA } County of Orange City of Huntingto:, Beach } I , ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the CiL; of Huntington Bench , California do hereby certify under penalty of perjury, that tin foregoing NOTICE OF COMPLETION is true and correct , and that said NOTICE OF COMPLE"ON was duly and regularly ordered to be recorded in the Office of the County Recorder ':f Orange County by said City Council . Gated at Huntington Beach , California , this _nDd_day of artnbpr 15_M. This dc.cument is solely for the � � C.erticial business of the CA'AT , of Huntington Beach, ai centen- City C erk and ex-officio Clerk plated under Coverruaont Code E;103 and should be recorded of the City Council of the City +i+e-ea of chrsrKe. of Hun ki ngton Beach , California SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK, N. Y. BOND NO. 10001 _85) MAINTENANCE BOND KNOW ALL MEN BY TLESE I'R)E:SENTS: ,That we, SUI.1.Y-Di11.LER CONJRAC'II ('. COMPAM. ' hereinafter called the Principal, and SWOMW SURETY COHPANY, a New York corporation, with principal office at New York, New York, hereinafter called the Surety, are firmly bound unto the City of tllint ingtonJio'.,ch ,in the full and just sum of j fires: e -hundred fort!- one: thuusind , four hundred oae--00/1 (I10L1.ARS (S3•il .401 .00------� , lawful money of the United States of America, to be paid to the said . c i v of Lunt i n-tnn Rn•i h , to which payment well and truly to be made, we bind ourselves, our heirs executors, administraty: s, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 5th day of _ 1ti])• , 19 SS. WL MAS, [he above-bounded f:incipal entered into-a contract with the City of I ,r_L i n,tuyi 11,-ach —dat 121tzc_ {5. 5� for St C:U_ Re ri T r= o;j Atlantic and I1Ldi:111 ul i i NOW, IUMPGA-E, the condition of this obligation is such that if the above-bou0ed Principal shall remedy without cost to the said S-ity ,L_ Bunt ington Beach any defects which may develop during a period of one ( I ) year from the dare of completion and acceptance of the work perrormed under said contract provided such defects are caused by de- fective or inferior materials or workmanship, then this obligation shall be void; otherwise , it shall be and remain in full force and effect . IN WITNESS WHERFAF, the said Principal and Surety have duly exe- cuted this bond under seal the day and year above written. PRINCIPAL: _� ► ATTEST: SULl. fI1.1.1:.t CO. CTING CO.I a I ,L` 1=r,ir4, F. . 11oI limed - Asst . Svc ret.ary SEABOARD SURETY.-COMIANY %. 0, */ WITNESS: t �. .11ITT) l I t' - �tt'orllcv 11T 1';i t APPrO;*70 'AS TO FO*t��. 1.12 I STATE OF('Al-IFORVIA OFFICIAL. SEAL I.c�:: ; J SONYA E WALTER CcMW AM)COLIN l'Y 01 antc�Ir•� J � HoiAVY PUBLIC - CAttroat41A ►, Ins ANGF to M)"CrY • � Vr AXQ 7, 1389 On thi% _..nth if JUI�'__ lf).�':�-_ , lkfi�rr file, the un�i�r�i��n:d 'poi u\ Public. in and for the State, jcrvinjP% aprcarcci _____--- John (:l crlen t L- o tt mr lr rclt�► a. J< �r i4 �•t�►ti• h�ui ct'idcucr�. tc) he the peru-n Mw ewcuted file %-ritten instruntertt as Amornc\-in-Fact ran behalf (it the corpiration therein narne i and ackno%%1cdgcxI m ntc that the coreration ewcuted it. Gi\cn :enact nt\ h.%nd and \t.tarial `tial this da\ of lull' A.I). 19 `5 i his•Conrnis%ion E:\,ire•• t-'-8 9 tfk�f nth I� [. STATE OF CALIFUNIA ss COUNTY OF Lus AnveI c•s__ on IMIS _ _ . _----- - to the year 19__—', Ot<FICIAL SEAL More me the uni.ersigned. a Notary Punic in and for saw State personally appeared SONYA L WA17ER • 1407m r weal: • MV0401111, � .. _. WS AMGLLFS W11fTY __.--- _. - >«za.,�.�. .__,.__._.__. personally i norm to me Of arrm. tr'Ira APR J, 19e4 wt.Prc'.t440 u,4 ea "-UPc !le Dersen who efecuteo the w1hin mstrurnenf on Denali of the Corporation therein named. anct acknowledged to me that the Corporation e:.`Cutec it WITNESS my hand ae1 atttaat seat f Notery Public in and for said State. AL0hDA;1DGYt1!-Cdavnv-wpcx;f Id*.1 j:j;J •-Is. I Q2 KfW2'MOIfAfTti. rfC I/nfadbf tl T •V.1'. • • R 5501 - Certified Copy SEABOARD SURETY Corskuy No. 1 5 5 6 New York, New York POWER OF• ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURELY COMPANY, a corporation of th13 State cl New York, alas Intdf'. Const}tuthd and eppoinIM and by these presenls does ruak.t:. Constitute: and 30point rr ank F . tin 11 and or James 0 . Pittman or ia. Duanu Itrtsh or tT . I,. O ' Neal or T. H. Dou?las or Ronald Davis or John Clemt�nte of Long Beach, Ca 1 i forni.,t Its truo and lawful Attorney•in-F act,to make,execute and deliver on its behn!'. Insurance policies,surely bonds.unoertakirgs and other instruments of similar nature as follows I,irnited to thv• amount of S? , 500, 000 bor-1,; executed on behalf of Sul l y-iA ler Contracting; Company and/or Scuthern Pacific Milling Company, I ric . , and/or Sotlth Con s t Asphalt Prodti,_,t s Coinpany, I n Such insurance policies, surety bonds, undo nakings anti InStrurnents for said 11urpf)5t.,, wrien duly ertecuted ay thu afor/!said Attorney-in•Fact. shall be hinliing upon the skid Cc:n,p� -� as tally anri to thr Sterne}-r lent ,� :f signed L�.� �hlt duly authorised officers of the Comparly and sujled wi.r1 Its corporclttc seal. and all the acts of said .Ittorney-in-Fact. pursuant tr, the authority hereby giyt?rs, are tiercby raubed and confirmed This appointment is made pursuant to t!•u: following By-Laws which wer-i duty aclupted by the Board of Directors of the Company on Decomtufr bill 197_17. :vilh Amendments to ,and ncluding Janijar.• 15 1�+P,? arlh are still in full frrr-►; and effect Ar7TICLE'4'11, SECt►C►� ' -11011c4s. bonds,reeognk2anees,stipulations, consent%of surety,underwrding undertakings anrt Instruments relabnq Inwelo. Ihautaf)G0��1•Crfit9.n(, rtCVynt111nce5st,Jul,twnsC,)nv".1s„fsivet/ 10"Oer! I'leat;tff-r•,Is.! r.•+*tt•nsSe ,' .:h.•t wran)Qs refatrnq to anv way tt•I:frto Jr *o Jh, cin m Cr)'is; !RN!eunovt In ail tr•;•!pred ,n !h„ ramp a•+ on I)enalf ;I!►w C4rn,^.any (t!1 bytreCha:rrzan;tlneBaur. theP/eticent aVtr6 h•VyC•tr,IL`rJ41!•S•Cl/t'J •.t C••5'C.^lan!tCr!.•d :r•:'t••Jr, en As1'itJnl�e•-Ir•!arr �7(.�rl�rl Secretary or J Res-cl-nt A::r»%la!)t $er-rttJt/. of (rya by in AM)rra•y ,rr-;ACI IVI the•CCrnpany try the cllavr•l.'In ;f file pte•,,aerlt or a Vice Pim"Cent 10 rha•I! SUCH strnalul+! J► ICI 171 SuOl tither ottKH':L• rl."J►tS��^l71!'��3 al t,)e KNafri ma/ itcr-!.Rae!n t r"t de!err`M'r.t T►V Y�Ji Cf Ih!COr,pany s•')JII tf aCl)ropc)at•!fY Clfi.e,_. tr!r•►efp QV e•ly SrC!. )ft Cr'f A!r{ rr.,.� .f-4J!:! (`• rt•:H1'v�^TJ• ,.. ' IN WITNESS WHEREOF, SEABOARD SURETY CO&IPAtJ`r- has Caust d These presents to be signed by ene of its Vicc•- Presidents, and its corporate Sf'31 to bee hereunto aff Aeld aild duly alto sted by ono, of Its rkSrz,slint Socre'lar,e,•s, this 1 O th day of one lg 3 5 .'I "►�' J `% Attest ScAC�(7 D SURETY GC)f "�Y, (Seal) Cr (- �Atig s!JnI'..'.:IP!.//'+.� v,Cp•V/Ctrr!..!:1 STATE OF NEVI YORK COt INTY Of: I Ew Y0'1K ss. On this ..- rely of 1y befure me persantllly appeared ThOrnas P. G4 me a Vice-President it SEABOARD SUfIE T Y COMPANY, with whom I am pf:rsonally acquainted, who. boing by me duly sworn, said that he rt^;rQQS in the State •,)I New Jersey• that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation dt:scribod in and which .',tecuterf the foregoing instrument;that he li.nows this Corporve seal of the said Company;that the sea atfrxcd to said instrument is such Corporate:situ: that it was so affixe•:I by order of tho Board of Director cl said Co,mpiny, and that he I,,,multi thereto its Victe-President of sasai pany by like authority. C. Si h SAMUE! C. $[MI tC`e; Nutury piwic, Stato )- New York l .Rr y No. 41-01W12 � h r Qt!ali'n!d In Cueonti CGunty J ff 'Cttlfi:at:' iatcd In•'If•w Y`rk l:.�ut,ry Nt l•/r'� r':,.^,• � i MOeuC , �.,r r ,) t�,' CERTIFICATE Jf� � C::,I1ilU7a•:n t: J CS ..t.lr�(1-.L. J� \ �•✓h lr1P,lure �,r^i7, ��G�t�F�.^>+h' .rg,r)n•_'C A�si•;t.lnr;f!':►et1JyC71 SEA't�il•��l)SI!Nl7Y I;CJI,fr'Ff11•Q(IIMInjV C..rLt�lull If�C ol,!�it•Ji r)�.v•:r hl rtlJrntly r7f�, Q• y li Ile/ •r (.,)I?(r.!ro0r ,%rn lull force JruI 4tff04;1 on 1►•e CA It!GAINS C•rrt:t.c.1IP.1!1C I au lurtn-f cort•IV tr.lt ttw V•Ce•.►'rep o!rnI*no t•at•C lte!7 tho.'$J114 PowM.a Attorney wet or+i Cf 1►►•' 1)ff Chf3 Outhpnit►d t)y the i30Arrt,�1 QtrCe!urs !q J; n!,!n JIL.rf,t-�.:n tar.! 1. ul Ihr By-Laws 0 SEtiBOAnD sunETY r;OIAPANY Th!s cerirlreale May 14 Sr(1rnd aha sealed by fats:►Rtlr line")Jrl,,fly eutr)r•1lI rf the IolcG*tnr) of ine E aecutt+e committee t)I the Soa►ft M Qlrectots of SCAtiOAIiD SUA TY COMPANY of a rneettnq duty :aced and h!O Or!We ;bin air of March 1910 -RESOLVE"1 (7) Tr,at the use of a priniNa facstnni.) tit the corr)p+a•e we of;ha- Company arid tit In*- signature of an ASSWJIrll Sec'•!tary on any eertlltealron 011"r.o►reelness of a copy of an tnstruirik nt erecuted ny the P►tf:i4ent of a Vice Pri src,a•nt r)u►suani to AFI:C!e VII,Section 1, of Ine©y-Laws appotrltnq Ind su't,or,tusg an attomar-.n-tho to sagn it, !hn name and on behalf of the Componr ;u►ety t,oml, undttrwltttng uN4:rt.Utnys or other instruinlnts deserltJlwl In sdoo.t Article VG, socttnn I. with It.e •titwi a-� it such soil Anll %ur_h s,11rivurr! had been nanualty anuleq 4110 made. rturet y is au'It.1sim-3 and aciprovW- IN WITNESS WHERSOP I have hereunto set my hand and affixed the corporate seal of tho Company to these presents this .�'►+►� t day of Jut}• .. .. , t9.R.a. ... e &tsiitant' Clary ,W■ . , y City of Huntington Beach Department of Public Works P .O . Box 190 Huntington Beach , California 92648 Attention: Subject : Certification Gf Compliance- with Title V11 of the Civil Rights Acc and Equal Employment Opportunity Act of 1972 Gentlemen : The undersigned , contractor on Pro)ec.. No . T I tle hereby certifies that all laborers , mechanics , apprentices , tra knees , watchmen and guards employed by him or by any subcont-:actor perfo.m- ing work under the contract on the project have been paid wages at rates not less than those requires by the contract provision:; , :In_! that the work performed by each such laborer , inechan is , appren t i c-. -:- trainee conformed to. the classifications set forth in the contract. ut training program provisions applicable to the wage rate paid . Signature and Title i r� �. CITY OF -HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 17, 1)85 Fc,cit Strata Construction 10727 Leland Ave. Witittier, CA 906010 We are returning your bid bond which was submitted with your proposal for the improvement of roadway along Atlanta Avenue and Indianapolis Avenue between Beach Blvd . and Newland Street ; and Bolsa Chica Street median modification, Project CC-637, in the City of Huntington Beach. The cunt-act for this job was awarded to Sully Miller of Orange. We Would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia H. Wentworth City Clerk A..MW:bt i Tel M phon e:714.536.5 727 I �. CITY OF HUNTINGTON' BEACH .T: 2000 .MAIN STREET CALIFORNIA 92648 OFFICE OF T►E CITY CLERK June 17, 1985 Excel Paving Co. 2210 Lemon Long Beach, CA 90606 We are returning your bid bond which was submitted with your proposal for the improvement of roadway along Atlanta Avenue and Indianapolis Avenue between Beach BIND. and Newland Street; and Bolsa Chica Street median modif ic:atton, Project CC-637, in the City of Huntington Beach. The contract for this job was awarded to Sully `filler of Orange . We would like to Cake this opportunity to thank you :or your Interest in submitting a proposal . Alicia H. Wentworth City Clerk AMW :b t I Tvkv++ono: 714-53"22.I �. CITY OF Hf.JN T'INC TON BEACH �' 20M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 17 , 1985 Sully-Miller Contracting Co. 6145 Santiago Canyon Road P. 0. Box 432 Orange, CA 92666 RE: Improvement of roadway along Atlanta Avenue and Indianapolis Ave. between Beach Blvd. and Newland Street; and Bolsa Chica Street median modification, Project CC-631. Enclosed is your bid bond, a copy of the executed contract with the City of Huntington ;each and a Certificate of Compliance form. The Compliance Form must be signed at the completion of work and returned to this office. In addition, the following items must also be on file, with this office, before the City can release any retention funds. 1 . A 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. 2. An affidavit stating that all workmen and persons employed, all fines suppl;-ing materials , and all subcontractors have been paid in full and that there are no outstanding claims against this project. 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 Doi, Noble, Contract Administrator, 536-5441 . Alicia M. Wentworth City Clerk A :bt CC: Don Noble, Public Works Dept. Enclosures: Big: Bor+d Cash Contract Certificate of Compliance ITrlophonc 714-531"227) i r K CITY FUNDED, PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SULLY-MILLER CONTRACTING COMPANY P61t STREET REPAIRS ON ATLANTA AND INDIANAPOLIS AVENUES BETWEEN BEP.^_H BOULEVARD AND NEWL.AND STREET THIS AGREEMENT is made and entered into on this 7#/ day of _ 19 1, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation , of the State of California , hereinafter referred to as "CITY, " and Sully-Miller Contracting Company, a California corpo-ration 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 repair of street paving and the construction of medians and landscaping on Atlanta and Indianapolis Avenues between Reach Boulevard and Newland Street , in the City of Huntington Peach, California ; and, CONTRACTOR has been selected and is to perform said work ; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged , the parties covenant and agree as follows : 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools , equipment , supplies , transportation, utilities and all other items , services and facilities necessary to complete and construct the PRCUECT 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 unforseen 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 thr_ suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY , and for well and faithfully completing the work 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 COidDITIONS OF (CORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms , conditions and obligations of this Agreement and the Contract Documents ( as hereinafter defined ) , the location of the job site , and the conditions under which the work is to be performed , and that it enters into this Agreement based upon its :nvestigation 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 thi3 reference , with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors , if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the wort. covered by this Agreement . "Contract Documents" as defined herein mean, and include : A. This Agreement; B. Bonds covering the work herein agreed upon ; C. The CITY ' S standard Plans and Specifications and special contractual provisions , including those on file in the office of the Director of Public Works of CITY and adopted by , the City Council of CITY, and any revisions , amendments or addenda thereto; D . The 1962 edition of Standard Specifications for Public_ Works Construction , published by Ruiider' s News , Inc. , 3055 Overland Avenue, Los Angeles , California 90034 , and all amendments theretc, written and promulgated by the Southern California chapter of the American Public Works Association and the Scuthern California District Associated General Cor.t- ractors of the California Joint Cooperative coma.:ittee ; E . Bid documents including the Notice Inv ting Bids, the Special Instructions to 9idders Find ':h,o Contractor ' s Proposal ( attached hereto as Exhibit "A" ) ; F . The pe.irticular plans, specifications , :special provisions and addenda applicable to the PROJECT . Anything ment coned i n the Spec 1 f icat i on,; and not i nd icaterl i n the P1 an or indicat .:?d in the !Tans and not mentioned in the Soecifir.,. " long , shall be of like effect. a, if ins? icated and mentioned in both. In case of discrepancy between any plans, s.ecifications , special provisions , nr addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY ( hereinafter refer. rt!d tn as " DPW" ) , without whose decision said discrepancy shall not be adiusted by CONTRACT OR , save only at its cwn rink and expense . Should there be any conflict between the terns of this Agreement and the bi ci or proposal of CONTRI,C'_'OR, then this Agreement shall control ane_ nothing herein shall be considered as an acceptance of the terms of sal-i bi :j or proposal w'lich is in conflict herewi` h . 3 . COMPENSATIO CITE' agrees to pay and ;70NTRACTOR agrees to accept as full compensation for the faithful performance of this Agreemen' , subject to ,any aA 7 . t i nns or deductions glade under the provisions of this Agreement or the Contract_ Documents , the sum of Three-hundred and forty-one thousand , four hunt?red anal one Dollars and sixty- five cents ( $ 341 , 401 . 65 ) as set forth in the Contract Documents, to be paid as provided for i ►1 Sectiens 1 , 6, 13 and 14 herein. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT rri thin ten ( 10 ) working days after notice to proceed is issued and shall diligently prosecute PROJECT to ccmpletion within Sixty ( 60 ) calendar days from the execution of this Agreement by CITY, excluding delays provided for in Section 11 herein . i . TIML OF THE ESSENCE Tho parties hereto recogr.i ze and ,agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shell prepare and obtain approval as required b,: the Contract Dr-currents for all shop drawings , details and samples , and clo 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 wcr% w+ tb the- wor}; of all ether contractors , subcontractors arc? CITY forces working on the PROJECT , in a manner that will facisitatc- the effir. ient completion of the PROJECT and in accordance with Section 4 herein . CITY shall linve complete control of the premices on which -.he work is to be performed anr3 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 area , in general , all matters concer. ninq the timely and orderly conduct of the work of CONTRACTOR on the pre-mi see . 6 . CHANGKS 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 I and perform all work necessary within the scope 01 the PP.OJECT 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 COMIRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work , CONTRACTOR shall submit immediately t,,, 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 orderer'. in wr ting by tho 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. 'ro PROCEED No work , services , material , or equipment shall be performed or furnished under this agreement unless and until a Not ice to Proceed has been given to the C0:�1TRAc TOR 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 Play in commencement of the work clue 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 irn 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 ci,ry ' 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 . WARRA`TTIES T'ne CO'7TRACTOR unconditionally quarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication , material or structural facilities constructed . CONTRACTOR, within ten ( 10 ) clays after notice by crry of any defect in the work , shall have the option to make appropriate repairs c.r replace the defective item or items . Upon expiration of such ten ( 10 ) da' period , CITY may then make appropriate repair or replacement at CONTRACTOR ' S risk and expense . 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is , and shall be , acting at all times hereunder as an independent contractor and not as an employee of CITY . CONTRACTOR shall secure , at its expense, and be responsible for any and all payment of income tax , social security , state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers , agents an'.d emplovees , and all business lic,�•ises , if any, in connection with the PROJECT . 11 . LIQUIDATED DAMAGES/ DELAYS It is agreed by the parties hereto that in rase the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as sat forth in Section 4 herein, damage will be sustai nerl by CITY ; and that it is , a,id 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 CONTFU1CTOR will pay to CITY, as liquidated damages and not a, a penalty, the stem of one hundred dollars ( $ 100 ) per day for each and every working day ' s deLay in completing the work in excess of the number of calendar days set forth in Section 4 herein, which - ,.m 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 "M17RACTOR 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 clue to CONTRACTOR hereunder . CONTRAr"170P will be granted an extension of time and will not be asoessed damages for any portion of the delay in completion of the work due to unforseeable causes beyond the control and without the fault nr negligence of CONTRACTOR, 0 including , but not restricted to, acts of God or of the puhlis enemy, fire, floods , epidemics , quarantine restrictions , strikes, unsuitable weather , or delays of subcontractors dun to such causes. CONTFUNCTO't shall , within fifteen ( : 5 ) days f roT the beginning of any such delay ( unless thr D;''d shall grant a further period of time prior to the Tate 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 is , in its judgment , the findings of fact thereon justify th-e delay ,- and th,3 decision of the PPW shall he conclusive on the parties hereto. Should CONTRACTOR be delayec! in the prosecution or completion of the .pork by the act , neglect or ciefaul. t of CITY, or should CONTRACTOR be delayerl waiting for rr,atArial s required by this Acreement to be furnished by CIT_, or by damage caused by fire or other casualty at the Job site For which CONTRACTOR is not responsible , or by the combiner] action cf the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOI, or in the event of n 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 sale remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS ( 1 ) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed , notify the DPW in writing of : ( a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract- Documents ; or , ( b) unknown physical conditions at the job site, of an unusual nature , differing materially from those ordinarily 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 . 0 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the hid sr_hodule 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 PROTECT' , in accordance with the plans and specifications . Upon completion of. the PROJECT , if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may , at its so?e 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 allnwed if asserted after final payment under this Agreement . If the quant ? ty variation is such as to cause (in increase in the time necessary for completion, the DPW shall ascertain the facts circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . LQ . PRO=RESS PAYMENTS Each month the DPW will make an estimate in writ inn 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 he paid to CONTRACTOR. When CONTRACTOR has , in --he judgment o ►` the DPW, faithfully executed fifty percent ( 50% ) or more of the value of the work are determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTFU%CTOR may be paid such sum as will bring the payments of each month up tc one hundred percent ( 100% ) of the vale of the work completed since the commencement of the PRO.JECI' , as determined by DPW, less all previous payments and less all previous retaine.-i amounts . The final payment , if unencumbered, or any part thereof unencumbered, shall be made thirty- five ( 35 ) clays after the acceptance of the work anrl the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms :)t 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 0 withheld by CITY to ensure performance under Section 1. 3 of this Agreement: . 16. AFFIDAVITS OF SATISFACTIOF OF CLAIMS After the completion of the work contemplater3 by this Agreement , CONTRACTOR shall file with the DI'W its of f irlavi t stating that all workers and persons employer? , all firms supplying materials and all subcontractors upon PROJECT have been paid in full at,,; that there are no claims outstanding against PROJECT for either labor or material , except certain items, if any, to be set forth in an oaf f idinvit covering r1isputed 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 CLATMS The acceptances by CONTRACTOR of the payment of thc, final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS y CONTRACTOR hereby agrees t: n protest , defend , indemnify and hold and save harmless CITY , its officers, agents 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 COKTRACT'OR, or out of the operations conducted by CONTRACTOR, regardless of the active or passive nature of any negligence by CI'fy , save and except those which arise out of the sole negligence or sole willful sconduct of CITY . CONTRACTOR w: 11 defend any such suits at the sole cost and expense of CONTRACTOR when requester) by CITY , and any costs of defense or .attorney ' s fees incurred by CITE' in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 19 . WORKERS ' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1Rr1 , CONTRACTOR acknowledges awareness of Section 3700 et seq . of said code , which reduiies every employer to be insurerl aoairst liability for workers ' compensation ; CONTRA TOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder . CONTRACTOR shall ma i r,t a i n such Workers ' Compensation Insurance in an amount of not Less than One-humored Thousand Dollars ( $ 100, 000 ) , at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY, and CONTRAXTOR shall , prior to -om-nenc i ng performance of t?:e 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 r derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 16 of this Agreement . CONTRACTOR shall require all subcontractors to provide such workers ' Compensation insurance for all of the subcontractors ' employees . CONTRACTOR sh=ii1 furnish to CITY a centi f icat:u cif waiver of subrogation under the terms of the Workers ' Compensation Insurance .an. (l CONTRACTOR shall similarly require all subcontractors to waive subrogation . 20 . IN:iURANCE A . Co,nTRACTOR shall carry at all tiri�?s incident hereto, on all operations to be performed hereunder, bodily injury and property d3mage liability insurance policies including automotive bodily injury damage liability insurance, underwritten by insurance covn�inies in forms satisfactory to CITY for all operations, subcontract Mork , contractual obligations, product or completer: operations and all owned vehicles and non-owned vehir les . :raid insciranc_,'? policies shall name the CITY, its officers , agents ,in(' employees nncl 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 rot less than Three-hundrobd 'nousand Dollars (5300, 000 . 00 ) combined single limit coverage. CONTRACTOR shall require its insurer to waive its subrogation rigi.1- s against CITY and agrees to provide certificates evidencina the same . B �'ONTRACTOFt shall acquire in errors and orr. issions insurance policy covering all work performed by P- hereundei - Said policy shall prrviiie r_overacle for C'O?:TRAC'PORS errors and omissions in an amount of not less than S3010 , 000. C . Before CO,r-IT ACTOR performs any work at , or prepares or delivers materials to the site of construction, CO:JTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance sail cor t l f. '. rates sh.:i l nro'Jlrle the name and policy number of eacli carrier and policy, and shall state that the pol icy i ,: currently ir. force -Ind will no". be. cancelled 'without thirty t 31:, i . i1 s written notice to CITY . CONTRACTO shalt l n! urc"ince coverages In force until the wor'►. :n'1!"'r -his is fully completed and r accepter: by CITY . The f^rt?dOi nn insurance shall not fr►r in�lvmni f icat ion of CITY by unl(.-r S(-ct. i nr; 1 c., r)f thin Aoreement . CITY cr it!7, represent it. ive .hll I i-V` all t. i :7 11AVe right to demand the crlglna l '?r %i cn1py -ill s,-i i l P,:,l i ci es of insurance . CONTRACTOR sha 1 1 h,_ _ , i n a prolipt. arl l t, i .me l y manner, the premiUms on all ir,stlr inc- bereinabove required . 21 . DEFAULT AND TERMINATION if ';'ONTRAC?'OR fails or refuses to prusecu' e the work hereund-ar with diligence , or fails to complete the work within 0 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 ii: writing of its intention to terminate this Agreement . Unless the violation is cured within tea ( 10) days after such Notice of Intention has been servrwd 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 CG':TRACTnR . CITY may elect not to terminate this Agreement ; in such event CITY may make good the deficiency in which the default consists and leduct the resulting costs from the progress payments then or to become due to CONTRACTOR . 22 . DI SPOSI'rION OF PLANS, FST I MATES 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 , speci f icat ions , drawings , reports , czlculatioris , mans aril other documents pertaininq to this Agreement shall. tic delivered to CITY ,and become its sole property at no further cost . 23 . NON-ASSIGNAB11.,ITY CONTS-kCTOR shall not sell , assign, transfer, convey or encumber this Agreement , or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 24 . CITY EhPLOVEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any . egular. CITY employee in the work performed pursuant to this Agreement . In accordance with California Government Code Sections L090 et seq. , but subject to the exceptions therein set forth, no CITY official or employee shall be financially interested in nor derive any financial benefit , either directly or indirectly, from this Agreement . 25 . ATTORNEY ' S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement , the prevailing party shall be entitled to reasonable attorney ' s fees , costs , and necessary disbursements in addition to any other relief to which that party may be entitled . If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop ,Notice or Notice to Withhold which names cin, as a party to said action or by reason of which CITY incurs expenses , CITY shall be entitled to reasonable administrative and attorney ' s fuss , 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 2-01:TRACTOR . 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 . NOTICES All notices required or permitted hereunder shall he delivered in person or by registered or certified mail to an authorized representative of the party i:o whom delivery i , to be made, at the place of business of such party, or to any other place designated in writing by such party. 27 . CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only , and the words contained therein shall in no way be held to explain , modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement . ( REST OF PAGE NOT USED) r wB . 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 authorizce ! officers the day, month and year first above written. CONTRACTOR : SULLY-MII..LER CITY OV HUNTINGTON BEACH , CONTRACTING COMPANY , a municipal corporation a Cal ' ornia cor ration Robert I lland-Vice President Mayor Jame finders-Assistant Secretary A74,8T: APPROVED AS TO FORM : � Cit;: Clerk Ci torney REVIE'r,1;D "D APPROVED : 'ED : Ci ty J',dmin . tra tor/ Director o. blic Works JN :1 v 09941 1 _ 1 17 I,i 11 ' �I ..�Itr, ►.li�l1 til 'Itl•.'1'1' ( �1 ��11'.♦ � 1 IItIN1 t►I1'I► I IsF" It ► IFI . 1 . c( INTH %CT 111M) ( I .itlhful lot-( hif n.tllll') I;N0'A AI I \1I N I I N 1•III `I I'NI ,I Nip III I! 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'98 (b ONE W YORK, n'EW YOPX POWER OF ATTORNEY "NOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State `eN York, has made, ecnsGtutrd and appoirud and by these presents does makt, constitute and appoint Ronald Davis Long Peach, California true and lawful Attorney-in•Fact, to matte. execute and deliver on Its behalf Insurance policies suret� bonds, tander- ings and other Instruments of similar nature as follows : Limited to the amount of S1 , 500 , 000 for :,nds executed din behalf of Sully-Miller Contracting Company and/or Southern acific Milling Company, Inc. and/or South Coast Asphalt Products Company, Inc. :h insurance policies, surer- bonds, undcrtakin(s and instruments for said purposes, wlien duly exe•euted by the aforwid �rnty-in•Faet, shall be binding upon the said CQrl;any as furry, and to the extent as if signed b) the duly authorized officers :he Company and staled with' its corporate seal ; and all the acts of said Attcrney•inFaoct, pursuant to the authority hereby !rt, are hereby ratified and confirmed. s appointment is trade pursuant to the following By-Laws which were duly adopted b) the Board of Directors of the said Corn. , on December Sth. 1927. with Amendments to and including*January 15, 196; and are still in fL'1 force and effect : 71CLE VII. SECTiO.V 1 . -Policies, bonds, recurn.4ant:es, stipulations, totlaents of surety. te.r.derrritina underultints a-d iimtrsaertr rautittr thereto. ."anet policies, bcgt, ret:rnisances, stipu'st'or:t, cor:►ents of surety and vndcruritirg unde!,talcings of the Com;.a-iy and releases, arse nets and M rit:nts rtlatinr in any W tl•ereto or to any claim or loss thereunder. shall be signta a in tlt n me and on br`alf of the Cc-rr.pany (a) br the Chairman of the Bwrd, the President. a Vice President or a Resident Vice Pres:dmi u r, k d by the S.r•rtary, aos,'tta-,,t S-cretsry, !s;ec':t Secre!ar) or a 1tes-dent Astistant Secretary, oe (b) by an Attorney-in•Fact for the Ccrn,r•n) appc:nted and au"torited by tl. 04ir. of the Board. the President Or a Vsct Prtsident to make ouch a;snwure, or (c) by such other officers or rq-tsen7Uves as the Boa-d may time to tirr:e detc=lne. TTe real of the corn;any sha!! if apyrcpriatt be aff.ard 6creto by any such officer. Attorney-in-Fain or -tpresertativt' WITNESS WHEREOF, SE.1BO.aiRD SURETY CWIP.a\71' has caused cl ese presents o be signed by one o��sd Vice . >idcnts, and its corporate w! to bt hereunto affixed and du!)- attested b% one of its Assistan Secretaries, this ............. ...... of .....,....J=e. . .... .... ......... 19.B 3... . st SEABOARD SURETY CONIPAW. , i!) .... ...And to .J... Leo.r.ard By...... R�. . T.._ unCr,r se.n........... ......... ....... . ... Ast �:�,.t Setrrtary �'tee•PreYidcnt .TE OF NEW FORK N TY OF Sr«' YORK ss '!,is day of June . 19...a.3 .. bc!:�r me persc+ral?)' appeased R. T. ..Cundf:zsen. a %rice-Pres.aent of SEjkBOARD SURETY CO,iPAN1' short I am perscnally acgtsa:-,trd, rho, btilne b• me du!% %%,cm, said tiat he res:des in the State of eW .Yolrk. .........; 'te is a \'i:e•President of SE.�kBOARD SL'RETZ' CO1PA N Y, the cur,:,ra!icn des:riLed in and KAich executed the fore- .; instru- tent . that he knc, t 0' a eorp,ra;e seal of the %a d Ccrn;an% , tha: to,e sta! :Eased to sake irstru-neat is such eorporvc that it %%a_, so af�.xed by or.'er of the B"rd of Directors of said Com ar.. , and that he sip. ed his nine thereto as Vice- .c�t of said Compar,% by like authority. State, os New York !pro . OlgU84 E 58'0 qua 1 i f ied in Richnond C—.inty Certifica; a filed in New York County ) Co ;,ission Expires March 30, 1984 1largaret M. Quinlan ..._. ........... . ........ ... ... ..... �o�....Public C E R T I F I C A T E I the undrit7tntd .1ss4tant Stuetary of SEAECARD SURETY COMP.tiNY do hertbi certify that the original Po-aer of Atterney of which •etoing is a lu•:, true and correct cap), is it full force and effect or the dart of t!'is Certikcsle and 1 do furdhtr ternf! that the Vice President secu!ed the said Poster of Atio!nrj Mrs one of the officers su!!+orised bb the Qcard of Dart:tors to a;;►e:nt an a,terr.e)-in-fact as pro•ided in :e VM Sorrier. 1, of the B'-La-,s of SE,00ARD SURETY COMR;NN. This Certifrale nay be syntd ard seated bi- fac-'r-.0t s.-nder and b.% sutticrit; of the fog' gag resohnian of the Board of Dire.tor, of SEA- aD SURETY COM PA\`t at a meoing d�!s• eailet and held cr. the :!St! dal of june 1918 "RESOLVED: (2) That the ure of a pri-ted fst0rilc of the corporate seal of the cc-;ar.l and of the sig•-.rure of an Asoiitsnt Secretary an. e011Frat'an of the correctness of a cope of se instru-nmi e.ecuted by the Prelidert or a Tice-President pc-suant to Article V11, Section of the 83-LMs appoin:ins and aucho'is:ng an attorne -irs•fact to sirr in the name and or. belslf of the cow-;.art surds bonds wrodet-Ariting er:taunts we other instruments described it said Article V11, Station 1. with lilt cffert as if such anal and such tirna:ure had bem manually ' •ed and made. hereby is authorised slid approved' WITNESS WHEREOF, I hase hereunto set m>, hand and affixed the corporate seal of the Company to these presents 6111 ..............Gth.............. day of ........... ttrtc................... ...................... ........ ... .. 19. 5�. .. • 1` Astisu Stcretary 's` ro $1 (Rrt 4.611 STATE OF CALIFORNIA 55 COUNTY OF I•c,. :1n�;�' 1 ? Y__----------.___ On this w 1i _ day nt _ Junt' __.. in the year 19 - OFFICiAL SEAL before me the uncersignea a Notary Puvic in and for said Slate persoralli appeared • scc r'c•t ;I r' ' I rInl,. E: . ilt,l lan._! - :1�:,t . �'- - - SONYA L WAITER _. _- o NOTARY cUBUC - CALIVOR1141A - - - - - - - -- - - - - - -- - Cemna'ly M nown to rtte tOS MGMES CM111Tr _ rA -- - _-._ M1 Comm. etrIres APR I. 19d9� it7T` 't'.. b-n►e•�*•IHe 8ci5r5-t7i 531�SIde.h 4w�lMCr1 t. Ce Ire pPtSrn wtlo etecute0 the ---r•��p., h1t11,r1 IriStrurntnt on ten3!t 01 ire cc-,?L rahrn thtretn r;:r,e: 3rC 30 F)0 rieCged 17 me that the Corporaran et°CUIPC It ;j!Ty SS my nano and Oft+Ua' Sea' 14:tary PUb-ic it arr' for Sa,wo State tc%Vvr.txw(%r-:b IJ?cE t-w. 54, CtSd:WA !*S �' lives rut6Tr STATE= ()1 ('AI II (-)RNI .s' -•• OFFICIAL SEAL c�ta,vA ! WALTE' .� No-r.�+ CuPLic . �nl�rn�-na i 1 4s ti. ;ws. M? c�r,:r tt;••ts- �,F'r I` fyd9 c•an•t 011 this t'.'i1 c7a} uli Iy c• ill;, Ill.- ull,lcr,l.nr,f \iil.ti\ 1'�IhL., in .viJ io, the Sratc. jvrcc)na1I% J,1011.t1 ,1 Iisl' 1ti . � l " ;� a17�Caft.'lf - - - - - .1 j`t" ,� is I fi� ,�rl ��R�;IC'�"� TT'1^} h 1C NM 1!':'. .rr.t.f«tr•f:ntrMz•+rr,kHN.-). tU Ix the per,t.i1 Nho cltoc Jlcd !h,.- l%riticn in\,irurii n: .i 1i1 J ,t:: "1 �-,.!,t!t o, Olt. .otI-. ration thcrciv it:micid Ind ack110%%lcdi:cd 11) 111C 111.11 Ill: %,4, 114l1.ItI c\r.utc I II ri C;i�rrt unJcr rnl h.:r:tf an,!1 \.n.t, al �c;tl il��•• \Owr.i Public, it111�1 tI� I: �: Inv SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK. N. Y. PAYMENT BOND Xnatu all Irn hJ ilirnr Prurnta: THAT WE, S11I.I.1'-�1II.1.I:I: CON11ZAC1'INk; COMPAN) as Principal , and the SEAI3DARD SURETY COMPANY, a New Fork corporation, having its principal office Rnd place of business at City of New York, New York,a:; Surety, are held and firmly bound unto Thy City of 11mit ins;ton Fit,ich as Obligee, inthesumof One• hundrod sc 'nty tholiswid, ��uveri htlnrlrt"I- - ---- - --- - --- -- -- - --- - - -- - -- - - --- - ------- - -- - - - - - --- - - --- --- - --- - --- - --- - --- - -- - -- --- --- - bollars, for which payment, well .and truly to Ix? made, we bind ourselves, our heirs, executr'rs. ,administra- tors, succes_5ars and assigns, jointly and severally, firmly by these presents. S4med with our seals :and dated this t,t I; day of JIM, , 19 55 WHEREAS, the alxm- hounder 5111 1 '! -�111.1 11, i ON—j"PACT I Nt; Ctl,' PAN1' hb� entered into, a contract with Obligee for :"1 in:1 Ind! :lii:ll)Ot as is fully and at large set forth and d-,scribr'd ir: the said (contract tfnr(said. �-- NOW, TIIERFFORE, the condition (if the u6ove oilligation -,s such, that if thr principal shall promptly make payment to all persons supplying labor and material iii the prosecution of the µ•orb: provided for in said enntract. then this obligation to tk- void; othet.vino to remain in full force and virtue. No claim, stilt or ,kCti(.,l if.,, roas,in (if any default shall bo brought against, the Principal or d Surety after two ye'ars from ate herr�r)f. If this litnit-z ,•a tion is made void by nti• law controlling the constructing, hereof, sur•h limitaavon shall be dtvim'rl to ter- r.niended to 1411I.Al th#! ininimum period I of limitation perinitted by ;inch lair. The Principal sh:ail be madcr ,a party to any such huit or t.c- tion, and be vrvffi with procc,ss conunencing the same if they Principal can with reasonable dili- gence be found. No judgriont shall be rendered against t1w Surety in eXCOSA of the penalty of this instrument. 5111 1.'i-�l I LiTR C0\TRWT 1 NG CGI ' � F ncipnl rani. I:. Iic�I Ian(i - ,1ss t . Se.cra tars SEA' B SURETY COMPANY By R( nil ld h,av! S ttornev in Fact Si'r1Tl- ref r':11.I1-nf:`LA - I OFFICIAL SEJAL «--,NYA I WAITER r40TACr cut+.lC • CAJIFOPP41A �` VIS 4NGE 1 r S GOU'CTY •-� VT to?m eiDirq AFR 7• 1'6n On Ihn tail d.t It th t' iIrM4Vr1I0nCt1 %0t•rr% I'uhll,, In aucl Iur thr Si.rtc, rcrNonall aprV31c'c! ! Al _ . _ _. _. . .. -T I>•r'.t+rl 1.nottll to lilt'hq j►tt4""d 104 fN..�t-!t rttrNt;h►Tr rrtdcswy)'. tU N 1h: 1%011111 t1T1,1 C%C,1lrl'u 111%' '.1fl+lcfl Ins!rIlIlIvIll .1 \I! !11l In ! .I:: oll and 3rknt)%0-.dg,.- I to Inc tha! !!i; :orpor.ltl,+n c%c'.ut.t! :t (11%Cf1 U11dC: I111 hart. .Md \t�r.lr1.11 Il1R%l I r •: STA.0 OF CALIFOR111A SS COUNTY OF t_1 ., . �, r•;1i�' �r + 0- tri5 Ci, 0' Ire rear '! II OFF:CI.1L SEAL „ 1c'ra -,)t 1^f 'J'+Oersl 'lee d y!A'. r C . 'n enc !0• S.Yd StalN pe!scrvy aG. ar eed gg, SJNYA L WALTER ! ' f lr ! fits ; , .1:1.1 1� • I �+ c r 't - - - - • 110TARf cUBLIC • CAIIFOaNIA _ _- .. _ LOS r1MGL113 MUMTr -- - - - - - -�erSopjl!y kr'-i r, Io me kfT camas. et;vrts APP 7• Im :» f±lew+1 it a'-'(w+ iro{1.1tr5 t�: =ett,t,'"r ,v. ,,l+:4` G Ce Ire cerson Ivro alecuted the Wlln,r rnSliurr.en! On �eru'f o' the t'err'n r,rrel arc act r+'Jww_dged 10 me that 161e COrVYVIOr eItK pled it i / !wary PuD!I: Ir an,! fe' saic Slate >Q 1p�2 T11dI CD TT S +K I V C1 cuts A L ENDORSEMENT !ii':I'.J-Y:' 1 "11)011:,I TA ) :1',1' :1( IT'D '111AI 119! 'V IRI'J: t `� 'fills f f�; i I 'Its: 11NM11 ;_,,:r 1,h1, C11' ;,.IT*lit 1- �,•1. ., 1. ,r. }1 �,Iii •.iL,.'L 1'► .l.l :1�r1'Ci7lCill�, "r lli.;it:!il 'il�• i � r{1r' .fTl.l� ! � � �' i;.! 'itti'.'f ih:t!i .t� ,.�' • t:t'. :,tt;l.�}lt'•1 i� a11f1 t''fr7T;t1� J �i,lft 1. tS'I ���. 1i'' � 1~, � t I•sur�l t'� S1`:U..'i �'.I:.:..11i i.11','I1►.,�.'i'I::(� �1z'.'I�,;.`:i In Witti s Whereof, SI: MU SUP ETY Ci r:eecuted tt� it,, tlr ai:cnt dull therrtrlltt), thi, -' 'I i rLtl f 19 $:t Attest: ;L'1:1:'l'1 r .\1 !':1\ i � c � V 11 / SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK, N. Y. PAYMENT BONE) Inam all ifrit bit tljrjjr jjrrgfjjtf;: TIIAT WE, SULLY-MILLER CON111AC.7ING CC�IP/41' as Principal , anti the SEABOARD SURFTI' COMPANY, a New fork corporation. having its principal office and place of businem at City of New Yrirr, New York, na Surety, are held and firmly bound unto The City of liunt inE,ton 11,•:ich aa Obligee, in Vie sum of One hundred st�venty thousmid , strven h(mdr�_-d - --- - -- -- - --- -- - ---- --- ---------- --- ------------------------ ---- ---- -- ----- - - for which payment, Kell and truly to he cnnde, we bind ourselve9, our heirs, executors, Kdminiatra- tors, succemors and r►ssigna, jointly and aevcrally, firmly by these preowntg. Sitned with our aealp and dated this Gth dad' of Jun'r 19 WITEREAS, the ithove bounden 5111.I.Y-M1LIT-1 CONTRA TINC, Ct)MPN1,41Y hits entered intn it contract with Obligee for Strt•ot rcrni rs on 1t 1not ;i nnJ 'ndiannpr,l is ,1vvnue 1wtu(•rrt Reich lioul < ;ar,I :intl '.t r� vt . as is fully and at large set forth and dPscribod in the said cnntract aforeFaid. NOW, TIJFREFORE, the condition rif the ri1xi •e obligation is such, that if the print-ipal shall promptly make payment to all pursoti-4 supplying labor anti tnaterinl in the pros(.•c-utinn of the work provided for in said contract, them this nbligation to be void ; otherwise to remain in full force and virtue. No claim, suit or fiction 1.(%' ',-i'a;:!111 (if rku%- df,raui: 1%e b)rourllt avainst thy' Principal or Surety after two years from date lioreof. If tip;.. ;:rnit:ition is made void by any iaw cont.rnlling the constructinn herenf, wich limitntiun shalt '.- .:, nied to N, nmended t„ equal thr minimum period of limiLation ; c'rmitted by such law. The I'rinc,hal shall be made a Dart%. to a ry such rant or ac- tion, and he - rved with procea9 contme-ictng th., same if the Principal Mn with ry asonabl(r dili- gence be found. No jud:rment shall be renderMi ngainst the Surety' in rxcess of the peralty of this onstrument. Slli.t.l'-1111.1.1:It CONTRACTING CCki ' I'r ncipal By, --� .� rank I:. lltll I atttl - tlsst. , Secretary SEAR SURE Y COMPANY By it.torney Rtnild Itnv s - in Fact ► u�thl..l h�i l�.uwn.• efrnJ IM141) fit) 9 76.18 18 5 Premiwu: $977.00 ~11•:.�Illl.�lf1� :�tlltl•:1't' ��lll.�lt'.�V1' ( I aitItful V rfur fit Ancu) KNOW ALI. AlUN 111' 'I'Itt:�;I: I�I:Iat.Nf1; 'I'I•.d We, , SULLY-MI1.1.I?It CONTRACTING COMPANY a. 111mi'Ip-1I• .m.l Ihr• NI•:AIIIIAI:II \UWVTY COMPANY. .t t'►srlrlf•illuo duly url;atttct•d and d+rull; ututet attd bl rtrlul• A Ih►• I•.u. ►d Iln• Slave u( New Ytak, and truly livillsvil fill the purpil.a. ill malt;ng, yuaranlct:uel; ur h►•►.u.nlul; r.,le •.ulcly ul.in l..nd. ur wul►tl.denK . 11•4ue14-61 ill aulbutl1W by the I.tvra of tht• said Stale, as lurrly, urr held and firilly Immid units Ilse City of Huntington Beach (heri'tnalU't VAled the nGllK►�), to Ih►• . Il ul Thre a hundred forty one thousand, four hundred one------- DIJI.I.Aus ($341 t4O1 .00---r (ut the Isa)ua I Nhrtcuf Wrll aukl Itul)' !u la. m,ult. We and each ill' us land uutsrlves, u'ur heirs, vacculut:., admim%Ital►.ta, wcr►•%.ura "till aN.tl'ls., lulnlly .md .evetatly, fillnly by Ihe.e pt►-.tints, THE CONUIHON OF Tlit. AIIIIVI•: IIIII.IGA' iON IS W(Al TIIAT, W0*14FAS. the abuvv l.,unden lutnctpal h.asenlered u►Is. a r►•r►Ir.wt ►1.111•d Jullt'6 , I1185 with tlu• -..Aid City of Huntington Beach lu d&e .And 11.•tluun IhV (ulluweng +urh lu•att Struct repairs on Atlanta and Indianapolis Avenues betwesetz Beach Boulevard and Newland Street . a cupy ill rluih cuntlact tp ut may t,.- .illaillcd hetelts And IS ht'106V trtrrted lu and Inrdl• ., 11.411 heteul NOW. TIIF.NEF01W. if Ilie alxtve butin4en print tpal .hall well .,rid Ituly pellunn the Mill► curtlta►•led lil be perfunncd undet :.,,td cunlracl, thrn this uf,lw..,tiun Its be null and vued, ulhl-twtse to teiniin in full lurce and eflect. No netll! .at at•liun shall secrue under Ihe. blind to Air lut the use of ,►t.y petsun utliet than Itho Arid obltt;ce SIGNED Ah1) SF.ALIA) lhty .1•ith - - - dal ill. . June __ - _ �. D., 1►► 85 ._ . SULLY-MI LLH-R CONTHM71'ING COMPANY' 2• I run}, E. Ilul lurid Ass'. tic crctary SEABOARD SURETY COMPANY kuna ld Davis o. 8 f,6' NEW Yoom NEW Yotrtx PONDER OF ATTORNEY NOW ALL MEN BY THESE PRESENTS: That SEA130ARD SURETY CO.NiPAINY, a corporation of the State New York, has made, constituted tnd appointed a.nd by these presents does make, constitute and appoint Ronald Davis Long Peach, CalIfornia true and lawful Attorrtty-in•Fact, to matte, execute and deliver on its behalf Inssi ie policies surety bonds, under- •.ings and other instruments of similar naturt as follows : Linited to the amount of S1 , 500, 000 for •Dnds executed on behalf o'f Sully-Miller Contracting Company and/or Southern acific Milling Company, Inc. and/or South Coast Asphalt Products Company, Inc . :h insurance politics, surety► bonds, undcrtskinp s and instrvmcnts for said purposes, when duly executed by the. aforesaid .ornz-in-Fact, shall be binding upon the said CQrIpany at fully and to the sarne extent as if signed b) the duly authorized officers the Company and sealed with its corporate seal ; and all the,acts of said Attorney-inFact, pursuant to the authority hereby cr., are hereby ratified and confirmed. s appointment is Trade pursuant to the e:":iw ing By-Lau•s which were duly adopted b) the Board of Directors of the said Corn- - on December Sth. 1927. with Amend. -nts to and including'January 15, 1951 and art still in fu!l forte and effect : ?ICLE VII, SECTIOA' 1: "Polieiee, bo-de, recosnirarscn, stip lations, cs:uenta of surety, undc.-writins underulrrssc and inerrstaenta rela:!n& therrm. .ranee policies, beds, retasriuecca, atipulatiorss, eor►e-eta al evrety and w+dcr�ritirs undrrtakins• o! eSe Cum;,a<nT and re'ee►e►, ar" -1ents e►nd �r w►it:ncs relating its any ws: thereto at to any claim or kss thtrcunder, &hall be sisnrd in the tuum and or: be'-.alf of the Company (a) by the C1•.s -rna.•t of the Bawd. the President, a Vi:t President or a Res Ident Vice President sad by the 5rcretary, in Assietant S•ereury, !Iident Secretar> >r a ftt►it:e'.st Assistant Secretary; cr (b) by an Attornry-in-Fact for the Covnpaa) appo::sted and awhorirtd by t). mit- of the Board. tAt "room. or a Fitt P:csider.t to rrake such aiKna!urt. or (e) by such other officers or rcvcstnms •es as the Bo+•d may — time to time deieratinc. The seal'of tl+e Campil shall it epprop'iatt be affixed thereto by any such otricer. Attorney-in-Fact or reprtse~tative_' WLTNESS WHEREOF, SEABOARD SURETY CONIPANN' has caused' 0ese presents to be signed by one c�itd Vict - .sidents, and its eo-•pvut seal to be here-into affixed and dully attested by one of its Assistant Secretaries, this ..................... . of ..........Jun.e........ ............. ... .. 1911. -st : SEABOARD S'URETY CONIPANNY, a1) ........Anita.. J.,.. Xeq.i ard.. .. . .......... ... .By.......Rr....T. Gundersen.,............. .... ... . .. ... Ast'-itsat Secretary Vice-President _NTE OF NEW YORK TY OF NEW FORK this . ......3 rd. .... . ..... day of ... . _ ,;un e . .. ... .... ........ ... .......... .... ...... ..... ., 19...g 3...., belve Incpersonally ppess. . � a ed ..... .......R.. ..�'. ..G.ur.dArSen . _.. ........ . ... .... . ...... a Vice-President of SEABOARD SUR TN' CO.%iPA`Z', +horn I am t-s.rally aeQuainted. Mho, being by me duly %%kern, said that he resides in t.'te State of ......?-ew ...Y.or., ........._.: he is a Vice-President of SEABOARD SURETY CCIM A NV, the corporation described in and which executed the fare- instrument. that he knows Oe corpo-a:e seal of the said that the sea! a`iixed to Laid instru n. rnt is such corporate that it -wv so affixed by order of the Beard of Directors of said Co-pan) ; and that he signed his name thereto as Vice. dent of said Con.pn; b)• like 4uthority. .State o� New York No. 01nU84E8670 nualified in Richmond County Certificate filed in New Yorl: County 31� Cor=ission Expires March 30 , 1984 .........►far9aret...M..,...QuinlBn......................... .•• - _ ?:owy Public C E R T I F I C A T E 1, the undero:sired Asti►rant Secrrtars of SEABOARD SURETY COMPANY do herebt et►tif, that the orif:sal Po„er of Attorney of.Mhich :recoins is a fsa:. true and eerrect cops, is full force and efftet or. the dare of this CtrtAcase and 1 do rurael etrtily that the Vice President r%rruted the m-d Pau it of Attorney Mat me of the OFicers authorized b; the Ewd of Directo•s to arpc.:.nt as worr.e)•in.hct as prodded in :e VIl. Stctior. 1, of the Bt-La-4s of SEABL.ARD SURETY COMPASY. This Certificate matt be stjrtd a-e sea!ed b; fac1'r-0r under amC b is uthcrit� of the fol'cvins reioktion of the Boa-rd of Directors of SEA. RD Si.'RETY MfPAX1 at a netting d::ly tilled and held on the'. S -018q of June 1975 "RESOLVED: (2) That the uLe of a r►irted lscs+mile of the ecrperatr seal of INC eor..;ans and of the sir-sture of an A►si-tant Secreury an. ceiriAration of the enrrroness of a copy of an instrurnmt e•ecuted ba the President or a %'ict-President pu+►uent to Article N'II, Section of the B).LaMs appo;n!inj and authoririna an attornel.in.fact to sisn in the na--e and on brWf of the eor-�;.ae• suretl bonds. underMritins -.r,ma,n s eat other in►trureents described ir. said Article V'll. Section 1. s.ith lite eR'ect as it such Deal and such sisrature had ixrn mantulty -;d an4 made. hereby is sutlwr:scd and approved' WITNESS WHEREOF. i hate herrunlo set my hand and affixed the corporate seal at the Company to these presents this 01h............ .... day of ......IVAF............................................................... 19.R i 17 .......... � r• Astista Secretary •�'� ParM 11 (Rev s.I1 ► ' • i CITY OF HUNTINGTON BEACH 2000 .%-1AIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 23, 1985 R. J . Noble 15505 Lincoln Ave . �. 0. Sox 620 Orange, Cs1 92666 We are returning your bid bond which was submitted with your proposal for the improvement of roadway along Atlanta Avenue and Indianapolis Avenue between Beach Blvd . and Newland Street ; and Bolsa Chica Street median modification, Project CC-637, in the City of Huntington Beach. The contract for this job was awarded to Sully Miller of Orange . We would like to take this opporrunit7 to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:b t I TNoplwne. 714.536.52271 CITY OF HLJNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 23, 1985 Blair Paving, Inc. 40055 E. La Palma Suite A Anaheim, CA 92507 We are returning your bid bond which was Bubo ft:ed with you: proposal for the improvement of roadway along Atlanta Avenue and Indianapolis Avenue between Beach Blvd. and Newland Street; and Bolsa Chica Street median modification, Project CC-637, in the City of Hiintington Beach. The contract for this job was awarder: to Sully Miller of Orange. We would like to take this opportunity to thank you for your Interest in submitting a proposal. Alicia H. Wentworth City Clerk ANW:bt I kphono: 714.530.6227) CITY CF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 23, 1985 Griffith Company 2020 Yale Santa Ana, CA 92704 We are returning your bid bond which was submitted with your proposal for the improvea.nt of roadway along Atlanta Avenue and Indianapolis Avenue between Beach Blvd. and b'ewlani Street ; and Bolsa Chica Street median codification. Project CC-637, in the City of Huntington Beach. The contract for this job was awarded to Sully Miller of grange. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Mle ptxwv:714.636-52271 CITY OF HUNTINGTON`BEACH w" White City Attorney REQUEST FOR LEGAL SERVICES CanPink ry WlyCity Cleni`Inlssr,tor Goldan►od Departmental 11UhINGTOh e14CH Date Request M3da By Wpartment INSTRUCTIONS: File request In the City Attorney's Office as soon as possible. Print or type facts Necessary for City Attorney. Out- line briefly reasons for the request. Attach all Information and exhibits pertinent to the subject. Type of Legal Service Requested: ( 1 Ordinance ( ) Insurance ( I Other ( 1 Resolution ( ) Bonds [>'1 Contract/Agreement I 1 Opinion All exhibits must be attached,or this request will be returned to you. I,] Exhibits Attached If for Council Action. If not for Council action.desired completion date Signature: Agenda r1j4dilne �.� j ')r' t C, A Council ~Ing L IX Pic 12/79 _ or: ar REQUE " FOk CITY COUNG4 ACTION Date May 10 , 1985 APPROVED LJY Submitted to: Honorable Mayor and City Council CIT1. couNC;l. Submitted by: Charles W . Thompson , City Administrator L Prepared by: Paul E . Cook, Director of Public Works c Y ctL? Subject: Atalanta Avenue, Indianapolis Avenue , Bolsa Chica Street Improv - ments WIFP 91133 & r1145 ) ; CC 637 Consistent with Council Policy? hd Yes ( J New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE : Pursuant to City Council approval of February 19 , 1985 , bids were received on May 9 , 1985 for the improvement of roadway along Atlanta Avenue and Indianapolis Avenue between Beach Blvd . and Newland Street; and Bolsa Chica Street median modification . RECOMMENDATION : Accept the low bid submitted by Sull1 Miller arid authorize the Mayor and City Clerk to execute an appropriate contract: in the amount of $ 341 , 401 . 65 . ANALYSIS: On February 19 , 1985 , the City Council approved the plans and specifications for the improvement of roadway along Atlanta Avenue and Indianapolis Avenue between Beach Boulevard and Newland Street , and Bolsa Chica median mor3ifi- cation and authorized staff to solicit construction bids . Bids , as summarized below , were received and opened on May 9 , 1985 . Contractor Enid Total Sully Killer $ 34 1 , 401 . 65 Fecit Strata Construction 347 , 659 . 22 (corrected) Excel Paving Co. 353 , 268 . 00 R. J . Noble Co. 369 , 240 . 60 Griffith Co . 377 , 607 .05 Blair raving Co . 391 , 869 . 60 Staff reviewed the bid proposals and, recommends the acceptance of the Sully Miller submittal . FUNDING SOURCE : Project Costs : Construction Contract $341 , 401 . 65 Construction Contingencies 68 , 280 . 33 $409 , 681 . 98 Source of Finding: Funds budgeted in Capital Outlay Account 4746370 (i . e . , Atlanta , Indianapolis Ave . Rehab . ) $ 370 , 000 Count;' Gas Tax Funds _ 150 ,000 Total $520 , 000 ALTERNATIV2 ACTIONS : 1 . Reject the low bid and select another contractor . 2 . Reject all bids and forego improvements . ATTACHMENTS : Location Map P10 4184 Cl-rr: PCC: nN : jy t iactw v AdEk � •�r fvar,► \•� AVAC \� PRo.TEc r w Q 4 G. •fll/f `t GAS rJfu� rots ra,vw� waaw / w J.VLufV aff.t \ V Ar1I r r PROJECT LOCA TIONS MA P DATE: May 91 1985 ____. • � .-- ENGINEER' S ESTI I•'.F:TF? : $3 6 8 ,700 "'OD AND CC "ILMBE'R: Atlanta 6 Indianapolis, Repair of A.C . Paving; CC 637 BIDDERS IIA!•!E ( TOTLL, BID A:dOUNT I All American Asphalt Blair Paving Co . d Excel Paving Co. Fecit Strata Construction G . L. Payne i Griffith Co. J and J Milling Inc. Nu West Landscaping 369, elo. Gd R. J . Noble Co . Riverside Construction i Shannan Corporation i Steiny and Co . , Inc. -- 3v y0 Sully Miller / ----- Vernon Paving Co . I ttr me Superior Court m inm STATF.OF CALI FOR N IA In and tnr the County of Orange CITY OF HUNT I NGTON BEACH PROOF OF PUBLICATION BIDSA. 6 j7-CC PKrr1GE OrYif WO Jti+tiTa' �a e1cAn hctm la Wn W lea"the DO CarscO d tb Gty rd HmeW�tair Beark. ca,if:rttr wJ nerve rented bide Ire the npak d broi es J►.C.1+�+i.hawe tgmta r Tt�!.ptm d 013'A.C.awtar-A sonatr enine d media"and Vsdsaa ra Atlanta ud lduaaprle Araar+is the Crty d 11Mttaat es anck C1lArsia State of California 1 4 uYrrdasrt.ith tW and t�tratkm sad gatid pauioor�a tri h t!a County of Orange 1 ti If,*rdrt d I I Ilq not rrhud& art.+b-TWWJ f a�wC be 04 d sr I m p WrLicitAneuK dre." DARLENE H. MALONE 'AwtIwo ��aAYMVIC ""� . QUM" ,. Heprb d bmim A4 pe dm 4WT3 R. It. 11 That I ■m and at all time. herein mentionetl An.% a ceturn of cidp.aatsladltresttot—Wgum tt3?'dl the United Stales,o%er the age- of twenty one ,ran, and that I t 14werremiaLt`AC Ii:aAD. ,. 1l2rmeot d dll'A G rwrray,hidudtct aaaMt Fbl wu am not a party to, not interrstt`d in the ekr»r rntitlr+d matter, t Adhaamartl WLieRel+ 10pub that i am the prneipal clerk of the printer of the 1 Ad;aa WOW KhVWiLeeuPI& .19*6 tidlir_ d0swum►m" HUNTINGTON REACH IND. SL REV. ; t F�Qr WolinAGrt,fai;IILM&?.xors•! 1 TwA nidpiraetaG adiauat m aiocrtta itrt>+e 33A110 g4/L' a newspapero(general circulation,pubb.hrtl in the tlty if i Hsa•+reah3J1'A�C A.TA NIL HUNTiNGTON BEACH A swan dss5"tet.orley.lnttraler tA11La4 Adjaa■atn ta,+r basin b pedt 11 K" Firrwa frdllt qVW dtlrrta trrp 4i 64:11 y tirstrttt7d rAWA*4 -Itra'o1 `�L/1 County of Orange and which new�pahrr i>, pubb+ht.t for the y hry,tra 5moa desrrmination of local news and intelligence of it grneral charac lc rwrtat ant Wb1 Sam ter, and which newspaper at all times he-rein rnenttomr�d hnd II Apresetebrap 2nub y12s1 I t l'arttna'3��ypra A•!nub sd pelt.* t�I Lie, and Ptill has a tm)na fide tulrx•nptiun licit cif paying tub,cnben, id ca"trvetaide1."1��pa 1 12111,111 and which new-Ppaper hat been o"twbL.hrYl, printed and pub It 14whosccnuc111 "limtt7aral5dt�pl It. i4rderae 1'srarrativ.(1RaAaq! WOC.Y: luhed at regular int.enals in the Aid County of Orent;r for it IL Catyu.�Fb ndPawin tAMP SUM period eze"ding one year. that the notecr, of which the e0lll1 U R»>E'T '' I annexed is a printed copy, ha. heen puhlolirtd in the regular t' ta���onE�E=ImAefkilsiarCada.tAa�b'tw and entire imue r.f%Aid nrw.paprr, and mlt in and •uplile-rnrnt Wdtrau, rkentaaf the 1p/iodwuW.itai"mdadown lea thert,d.on the following Alatr4, to wit ra=preraibc inhere,appirshistoOn-rklab.�fro"'flle rN wW stela detern a ta"set cal&at the tikes of tAa Clot and fly ,Ake of%1*tlirww At P.Wk K ale d the Cat+d H,mtlee Im CaWresi► • retanr and rparlxeso PW kVKhrr with p �� Um rainy Imp obtalod al Lb tf M d tbt Dvetrtre a<r,>5ret Vb ats.�IW� NuetiMao rlet�calilonla.�--" Apr. 18, 25, 1985 lw ►id.,b 1, n x#"d es6a IL urda as a k firs ltlrskerd by the Lhr,atr of Pt.btie watt&'U rQwW eatretrum ci prorpatOV-1,14 i1 MAW to 9a iir.ppnt!trquiraawn.eel kerb io tl�r arteffaums.(at full dawtkm as to 04 (11,74 a TTr GW" gwat,tiaa an MLMMA oily, be N t;l,aa M a basil foe I%@ a � of W, stW I:C,tr d IlraZWO E3wd die tnt np.or bi �eap,rrsllaea asrse 11i"the aN.rl rarcrol d earl still nrr"Weei ttwrnrttb tbbu(S »..rise&rit'at to bone a chinas the*mar:n of my des a Parr a el wet.N may Ire tlasased�7 ee esradMa by thte Wetter of Haltfa Want Ab be&talc 1*ac oW so the bus rd the lbsrltor d PAW tt,►tr1ka aetlmate I rr•►lify for declare! nnde► penalty of rrpirii Ih•1 thr forrro cltLaPaar►tStartd Altabe4WA Ing is true and correct. :g ood/,athm dr+�urtwa imaeq'ta�win Wthb*WI�the 'aiarwapeeforat- erecv"is per"Aud to ao.:ed m ettl prverims of lira Ca44stia Goweaerat Garden Grove Cod#.$wam4WO. Dated at Facia bid aka?be rrada a*is a Feat tr li abadaed at#a adMies of tW Merw a ILNa Wwii,rw%d t.aoaM%U&VO MAM tiles!.Him weoL.CaWKJ 11.s1a11 be..sled aaJ Fled"k ClAy hark at Ow 0*Cesar.liacoed Hail "C s iRunis,this 26 d . lg a� t dmeZW.I 1000 Mai "W�"'W Wilts Baerk Ca""A as at 14r} I' API r r fr6ae!fA'*A d Wy !IA►ad ehall b'�_��by a mas7lttre aepard of 4 City Clrt.fir tit Atternl aced Noe—of P.bk works. Uri mibm" rmtt■raasth11 sod the r 4ft otoW sA be rtpwtael u the Cd-Cary a{ ;� :'l 1.!(..[. :•. ,,� ,. ..A, "M Ay d Haatarhaa E1a.r1e 7 a� (�ab�.,�ia„ld�e rt�hs LeW•,tati rd ftW CM�d IttmU hew dittkat=! rt ah p be scud Wo by w4 Cur Signature C.renetiat eDv 11aI M Ion Tb Gty or iawti Glftarreia,eewsr:der to tsjett wr a a0 bath.and to amp lAe hid lu t1v lert aewwA Of 0A C,ty of Haatlagleim Iftac'i,CaNkxve. By order d tbt Cttt c tmtd 11 t)r Car rl 11wiur4tur, Fiat4 C111jara6l flak rehmmy 19.I AA �. t 171 FSt Alicia K tt►twart h KsAtteft uA HMKA1 lend.It".631W, �{ re old l i NOTICE INVITING SEALED BIDS CC-637 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the repair of broken A.C. paving, heater remix of paving, placement of 0. 15' A.C. overlay and construction of medians and landscaping on Atlanta and Indianapolis Avenues 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 April 11, 1985. A charge of M.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Quantity INDIANAPOLI S AVENUE 1. Repair of broken A.C. paving (28,975 sq. ft. x 0.351) 72B Tons 2. Coldplaning adjacent to concrete gutter 25,780 Sq. Ft. 3. Hearer remix 3/4" A.C. 1530460 Sq. Ft. 4. Placement of 0.15' A.C. overlay, including sealer 1,654 Tons 5. Adjust manholes to grade 10 Each 6. Adjust water valve boxes to grade 9 Each 7. Replace traffic signal detector loops 6 Each ATLANTA AVENUE I. Repair broken A.C. paving (14,960 S.F. x 0.359 425 Tor.- 2. Coldplaning adjacent to concrete gutter 25,000 SC. Ft. 3. Heater remix 3/4" A.C. 184,325 Sq. Ft. 4. Placement of 0.15' A.C. overlay, incl. sealer 1,991 Tons 5. Adjust manholes to grade 12 Each 6. Adjust water valve boxes to grade 16 Each 7. Replace traffic signal oetector loops 25 Each B. Construct Type B-1 curb, Std. Plan 201 29E5 L.F. 9. Irrigation and landscaping Lump Sum 10. Clearing and grubbing Lump Sum 11. Aggregate base (7,633 S.F. x 1.25') 635 Tons 12. Construct type A-2 curb and gutter 280 L.F. 13. Construct catch basin Type 201 I Each 14. Construct 18" R.C.P. (Class 1500-D) 7 L.F. 15. Roadway Excavation (Median) 600 C.Y. 16. Constr. Trench Shoring and Bracing Lump Sum BOLSA CHICA STREET I. Modify median nose per Sheet I 'Lump Sum In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. N-I Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implicationE agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the wcrk, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 P.M. of May 9 , 1985, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 20th of May, 1985, at the hour of 7:30 P.l./. 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 Nip 20. 1985. The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed far the best interest of the City of Huntington Beach, California. By order of the City Council of the Cite of Huntington Beach, California this February 191 1985. ATTEST: Alicia Wentworth City Clerk N-2 a, CITY OF H UNTINGTON BEACH 2IX00 MAIN STREE P. 0. BOX 190 CALIFORNIA 92648 Paul E. Cook Public Works Department Director 1714) 536.5431 To City Clerk : a+lotice Inviting Sealed Bids (publication in Huntington Beach News on L x , Remarks : Authorization from City Counc.i.l to advertise Bid opening Date S= 9 - S-� �ime 2 PM Engineer' s Estimate S .364 .5-oC7 ,. �:..•�r.e 7ir.�t = 6o e.G..,�/., .le .f ery ru1y ur , Pa 1 E. Cook Director of Public works PEC :JFM: lw REQUEST FOR CITY COUNCIL ACTION January 28, 1985 Date -k 'PROVED M' C ':", C-O C. CIL Submitted to: Honorable Mayor and Cite Council Submitted b Charles W. Thompson, City Administrator . ..... Paul E. Cook Director of Public Works' "6'�. ' Prepared by: + "i Subject: Reconstruction of Atlanta Avenue (Beach Blvd. to Newlanc Street) and Indianapolis Avenue (Beach Blvd. to Newland Street CC 637 Consistent with Council Policy? Yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source. Alternative Actions, Attachment;: STATEMENT OF•15SUE: he existing roaaway, on Atlanta Avenue, between Beach Blvd. and Newlano Street, and Indianapolis Avenue, between Beach Blvd. and Newland Street, needs to be reconstructed. RECOMMENDATIOt-J: 1. Approve the attached agreements with the County of Orange for AHr P Projects #1133 (Atlanta Avenue) and 1/1145 (Indianapolis ~;venue), thereby authorizing the Mayor and City Clerk to endorse the documents or. behalf of the City. 2. Approve the plans and specifications for these two AHrP Projects. 3. Subsequent to County' approval of the attached Cooperative Aareernents, authorize the Director of Public Works to solicit bids for construction,. ANALYSIS: based on a resolution of request from the City, the improvement: along Atlanta Avenue (Beach Blvd. to Newland St.) and Indianapolis Avenue (Beacn Blva. to Newlana St.) are incluoec as joint projects in the 1984-1985 Orange Count) Arterial Highway F"inancinc Program The scope of the improvements, as describec in the attached agreement s, include renovating the existing travel lanes. The responsibilities of each agenr.) and thr ;Weans of funding the improvements are also disclosed in the agreements. FUNDING SOURCE: Estimated Cost of Projects: f465,000 Sources of Revenue: County Gas Tax Funds: f 16i,C00 City Gas Tax Funds: - City Fiscal Account #746200 (Atlanta): $210, 000 - City Fiscal Account 0746370 (Indianapolis): 86,000 ALTERNATIVE ACTIONS: Deny approval of the agreements and the plans/specifications for these protects and forego the improvements» ATTACHMENTS: County Agreements for Al-!FP Projectz 1133 h 1145 CWT:PEC:DRN:jy 0329g t\ 11t CERTIFICATE OF INSURANCE Approved as torwm ,� ,Itt irf I llllltltl rllltl Its.I 'l� TO Gait Hutton, Guy Attorney !" `� It''1•tlfG`'' CITY : 'F H LINT INGTON BEACH, CALIFORNIA 11. I t. 11,1% I'll) �. By: lluntin;►tun IGvt h, s: \ '12(i•d1i A MUNICIPAL CORPORATION v This is to certify tltat the policies of insurance as described below have been inued`to the insured by the undersigned and are in force at this time. I f these policies are cancelled or changed In such a manner that will affect this certificate, the insurance company agrees to give 10 days prlor written notice, by mail,to City of,Huntington Beach, P. O, Box 711, Huntington Beach, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured Koppers Company. Inc 'i its Suhsi li•1 rnatryrjinng Compwn} Address of Insured 3000 East Solith .Street . f j2nty, ReBCh- rA 4(lR(l9! Location of Work or Operations to be performed ldunt i ggton Reach Street R FAX:: Description of Work or Operations Street Repairs on At lantu and lnd6hapol i s AyenUej LIMITS OF LIABILITY NAME OF COMPANY POLILIES IN FORCE POLICY NO. Effective Expiration In Thousands 1000) TINS.) GENERAL LIABILITY TRSI. 180T4523-85 1-1-85 1- 1-86 Travelers Indemnity Co. t:q COMPREHENSIVE FORM S 1 ,000,000. CSL ICI PREN41SES — OPERATIONS Each Occurance EXPLOSION AND COLLAPSE HAZARD fC!I UNDERGROUND HAZARD ?{ PRODUCTS COMPLETED OPERATIONS HAZARD fA CONTRACTUAL INSURANCE J,4 BROAD FORM PROPERTY DAMAGE T)l INDEPENDENT CONTRACTORS X-N PERSONAL INJURY AUTOMOBILE LIABILITY T11 CAP 18OT•15,17 gS :(Jq COMPREHENSIVE FORM 1 -1 -gS 1 -1-86 S 1,000,000. CSL Travelers Indemnity Co !d7q OWNED Each Occurance ICI HIRED ;XI NON-OWNED EXCESS LIABILITY ( ! UA!BRE:LLA FORM g I 1 OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION and SELF- INSI11 ED ICY STA• E OF CALUO RNIA EMPLOYERS' LIABILITY CERT. NO. 11 .30-00I'T %'110LIS COVERINGE . e_.._�zr.. _--cts�.-:_:z-:.v r. :z-x-n:�-:-t✓•.cx:_TL.r.�.vzrrira�r::=.az=ia. --a. --'t=::r.�.a-.:-��a-==.'�- _�-.._-. Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body. and/or elrxtive and appointive officers. servants or employees of the City of Huntington Beach, when acting as such are additional insureds her-:under, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach, as their interest may appear. June fi, 1985 Date AUTHORIZED REPRESENT T1VE O INSURANCE COMPANY r INSURANCE COMPANY Travelers Indemnity CO. By t!�• --` /"r �f r kame Ara y t t`gbins od►s ► , Inc.nc. _b ne ace, 11ittsburgfi, PA 15222 Address City City (a 1?) 391 ^5 350 HOLD HARMLESS AGREEMENT (to be executed by insured) The inturtirs =LjQn .agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its nfficars, rgents, and employees against any liability, loss, darragr, cost, or expense by reason of any and all liability, suits, claims, denunds, judgments and causes of action caused by insured, his employees,agents or any subcontractor or by any third party arising out of or In consequence of the performance of all or any operations or activity for which this certificate of Insurance Is furnished. •(1) Sole Proprietorship (2) Partnership , (3) CotpoTption _1141 Other (state) s �'(•-? ,� >>: ,��� IfOLQ HARMLESS SIGNED: By Insured. Authorized Representative � Title (All names shall be printed or typed below each tignature.) 1 By Insured. „�f R. K. MacGRECOR i PRE51 »r fitly n If Ccupor Lion, TWO Off Icers;must sign.or prtrtant "onto cA authorization to ttlA,d Corporati;, . to :11 I. .• 11. ::1 :.:U'•t 1:1 I.t11.' • It-VU11..L1 JI11 L1tFE11 •• ..�.�.�.f+`�_..�..aa•.�1r.�...+•.-._... «.....-«.. �..... . .f.� ....r .. .r..�.r .�..• ...r-..�..�....�..........7.�.�.� f w.n�..r��.j...�.�..-.ram=:_._ STATE OF CALIFORNiA" DEPARTMENT OF- 1NDU5T' R1AL RELATIONS- OFFICE OF TI iE-DIRECTOR I1 up.mEa 1130 - CEO TWICATE CIF COR45'ENT TO SELF-MASURE" f THIS IS TO CUTIrY, has complied-with the requirements of 'the- Director of Industrialo Relationo under , thv provisions of-- Sect ioms 37001tb-3705 inclusive. of the Labor Code,of State of Cal ifocniavandjisthereby gra=>,ted=this- Certificate of Consent to`Se1f'-Insure - • This grLifica{a may-be revokedtat any time for-soodscause; shown.' W — % • ' - ,)or l ,a, EracGitritl .. ;� . DEPART T OF IN_DUSTRIA*RFLATIONS& '•�•' ..��.'1%:.• '.� F HE STATE or- ALI QRN1A - � �rr.', nr�p ` 1 • ! 1s•'t r1'; TKtt illf�at.� t?V...]C.iil-,L..,..�I• DDNALDIVIALY A, •. .' . ' RICHARD-S. ANOkIiMN ' f I1r+fl .. �• .•• t..•71ef'ic.flr.---A re-ftirrat•• of cnnacnl to wif-Inutir may ter tcw.knl for llf. Dirfxtnr of Irwlffslftsl Ilrlal3nn• at any 11fnr Inr efw•d ranee &her • hrsfiti: I:n0 r.su•r f•tchadrf• 11rmloo. 111h.1 16if.pa• tl.r im aitff►rf.l n1 t •f he •l••tefey ul %fork rnlplotre. tlfr fn.ahilfltr of the• rufpint•rr III 1fllfill hit no nr 1:.' 1-leaf lot 19% fits h rltfpJ-•irr tot his ar coil to a clf.frrr to[ it" - .tnur�alf.l+.n. of nfali-sw lna fowl.r.thi. •Iw.aNn. oI Knr 424 Ilw• (nll..witil.t (a) 11a1.i1.fallt nr" a4 a fnall" Of ufa.iffc :IKI aualnnl 11"1ft11111: cl.flntanl• (f•1 f.••.11••.f4lN►fl t•f afcrllt 10-11 11fa11 Il.c af•nft•rn•.itw.n dos fit nf.fki.►t. tl Lrrcaaary Itfr decors to frafut :o per.rrrfl.na•s a}}•.fln%l thr renlilnler In Set lce Ilfc tifrtryli•n•.11f•IrI llfir• (19) lUtchaw0lir. Isistufnp:-na►hftn olshcoolitins in a fli•linncat rnannrr• (c) Uiarf.areine �.I• comprn•slifin nl.lt_..INnt% in %itch a tnanetrr tit to catlar tnpfry W the 1"ololK: fir t}Nno dral,nr with him.`. (%rctff.n 37t1•; of [.atwr Gish:.) The, CCIUC"is may IM lcvoknl'tot ` r►nrer•.ff•plf.luar utllf Tt:Jr 3 Cillluenit Adlnofflslr.thve! "we. Lattup 2--AI(tttilllthatiun of Srll•Itl%nraltce. I RSupersedes CertiticoLe-No. U0166-E, issued;-to SULLY'-1E L is:�CONMCTING-00K 'ANY of August' 22p 1973 and• - � ! CcrtiiicaLc No. 1130 on_Octobar_ 1. 1967. YM� ■ Poses A•ill.10 c - �ft�r I• q r. .. + f STATE OF CALIFORNIA ss J COUNTY OF __.J.o "1 e,�; _-- � er, ISt}t )ltTil: ss . _ � this Ca p ��r! _.._.-_ in fhe year 19_____. OFFICIAL SEAL teforr me the unde,s ;;red a ►;o,a•, Pu;,,rc in anti for sari. State. personalty appeared SONYA L WALTER R.K. - - ------ ---- --- - --------- • NOTARY PUBLIC - CALVORNIA - - --- - - . 1` 1Z. Mhttt2'U - Atilt . La AAGELES COUNTY _. _. ____—_--- Mr comm. ascFrts AIR T, 1919 �� t'r_'t z t'�'- -- - --- - - - - - - _ _ ._ .. . _ -._ . . .._ _. ._._ _._'_" Der son illy mown to me y--r-ar- ar 4i1�Wt3 M�►�•-�na►r�•t!tYr� �!/ .t�^�/wJ.M� en}"*ew!o De the DersOns *to etecuted the within r.,5t�u^�rn! as Preiieent and ...A !L � Secretary, reser.,lwe!y Ct thn �o';���? ,,,n the e n named arc acknowledged to me that fhe Corporation �. executed it vursuant to Cr %i6s or .; resolution of its board rt directors WITNESS mt inc off,cua, sea; i ACKWKIDGWE%I-Cart F-n SoK -wxrrs IIr- :J.'.A �� u I Mbtar PuCtrc in and for said Slate BID PROPOSAL FF M SULLY-MILLER CONTRACTING COMPANY Firms Name Zb the Honorable Mayor and City Om=il, City of Huntington Beach, California: In compliance with the votive invithvg sealed proposals for the repair of broken A.C. paving, heater remix of paving, coldplaning 5' adjacent to concrete gutter, placesrn_nt of 0.15' A.C. overlay and construction of medians and 1ardscaping on Atlanta and Indianapolis Avenues in the City of Huntington Beach, Califarnia. 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, speci- fications 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 bi,3 depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid fr n any subcontractor or ma►terrialman which is not processed through said bid depository, or which prevent any xuboontractcw or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through s.rh bid depository. For the furnishing of all labor, materials and equ:pmt, and or all incidental vwk necessary to deliver all the mi provements omplete in place in strict con- foacmity with the plans, specifications and special provisions, on file in the offiLe of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payma-it therefore at the follawi.ng unit prices; to wits 17EM ITEM WIM UNIT PRIG ' UNIT NO. UJANrM WRI= LJ WORDS PRICE i =AL � � s India lis AyenLk- ' ! f � Schedule Z E � pair of broken A.C. paving at 1. 728 'Pons `x ' ad Tc1,4Ar yp.ao 3sve95/y/.00 per ton. Whiplan adjacent to concrete 2. 25,780 Sq. Ft. gutter e. 2c& iay ' O. �� 3Go9.Zo aLtAAi per sq. ft. P-1 ITEM APPFCKD AM ITEM WM UNIT PRIG UNIT NO. QUANTITY WRITTM IN WORDS PRICE TOTAL Heater remix 3/4" A.C. at 3. 153,480 Sq.Ft.( ae ¢ �� t7 cl� 3 u � I 1 O,pr, I 1a13.Z per Sq. Ft. Placing of 0.15' A.C. overlay in:luding sealer at 4. 1,710 Tons `x'/,N•.S 7c L Ci1(�t per ton. i V 7 CS'C'. — Adjust manholes to new grade at i 5. 10 Ea. a �.► rt�o °fir g� I Zc:l=.co per each. , i Adjust water valve boxes to new grade at e2�& Hu,4 0tQ i 6. ! 9 Ea.:h 13yS.w w �e per each. - Replace traffic signal detector j loops (61x6' ) at Ira t4v oo,usv 7. 6 Each -rkoper each. I Z 340 .ao { / 3 go. CMD a.. ,y�,3r�.cs � + Total Bid Schedule I i Atlanta Avenue I i Schedule II f Repair of broken A.C. paving by removal of A.C. and sufficient A.B. ' 1. 425 Tans to replace with 0.35' A.C. at s�, cro zJAS-0.oa ,# MuAar per tm. j Cold Plane 5 ' width adjacent to 2. 25,000 Sq. Ft. concrete gutters at _ ac&4 "Oao Oa44," per sq. ft. �. f! 3 5"b'O,00 - 1 P- tA ITEM APPFCXIMATE ITEM WIM UNIT PRICE UNIT NO. QLUW I'!'Y WR ITEM IN WNW PRICE TVrAL Heater zemix 3/4" A.C. at 3-e-4to L '�a'a 1 3. 184,325 Sq. Ft. O.orj 1 ��%9. Z9- per sq. ft. I Placing of 0.15' A.C. overlay 4. 1,991 Zbns including sealer at � 1 .c0 (� cc/roo a c�cA4w per ton. 3 17Z1 .o0 Adjust sewer and storm drain man- holes to new grade at 7w a 5. 12 Each 0 6!:Q b11a4Pf Per ear-h. Adjust water valve boxes to new grade at 04& e6LAjp#uLp Ar�_Av&__J 6. 16 Each ay. per each. I / 57S.COZ A/ .CFO Replace traffic signal detector loops at 7. 25 Each t,3o.,-xo S75a.c03 Boa c��t.42� per each. Construct B-1 Type curb (8" C.F. ) !� S at =��G �i� ��p s $. 2,�25 L.F. I per lineal feet. S /Z� tS:oo Irrigation and landscapin`3 at I + 9. Luny sur, s�✓�.�� - ;�,✓c� -���.:,L��� i `�•>u ALc.tiiZS per 1u�p sun. 17� c'CP,cr' � SCf<'. 0-0 Clearing an3 grubbing at 10. L V Surn N -21c 'thou W%.J%a d , �7o�c.i«f per IMP sum. 1 Aggregate base at 11. 635 Tons gl�'Slj i--- %CIO Za«.arer per ton. � �. uo (0 91'.�o•o A-2 curb and gutter (8" C.F.) at L� T =ia4 �Lf�L 12. 280 L.F. fj.LID 2 Z�O, ao per l.i�-�eal feet. PP-2 g ITEM APPF43CDAM ITEM WM UNIT PRICE UNIT NO. QUART n y WRIT' IN WCmDS PRICE TMAL Construct catch basin Type 301 @ 13. 1 Each 32twm - e5►'4,+-r Hu'�04", ----- i 3 TGa.cSo � 3 P cso.00 i "9ieo o.L4 ou per each Construct 16" R.C.P. (Class 1500-D) 14. 7 L.F. j per lineal feet. i I Flaadway excavation (median) @ I ` 15 600 C.Y. . per cubic yard I Construct trench shoring and 16. Lunp Sum hracing @_LLr o HvnuatI4 i�•��+:� I ZZ 5%ea ZZ T.00 r Vc faro_ate per Lipp Sum i 1 Total Bid : Sc-edule II ? _ I a � Bolsa mica Street Sclu3dule III l I i tbdify median nosc as shown on 1. Iiup Sum Sheet 7 at °p',� �.c. -4 4r per IMP swn. 21 Co.� Z/do. CO A. i Grand Total Bid I Schedule I, II and III 3'Il Vol. [� P- z c It is understood and afted that the approximate quango shown in the foregoing proposal schedule are solely for the purpose of facilitating the oa%parison of bids t#nd that the contractor's eaupensation will be caruted upon the basis of the actual quantities in the completed work, whether they be more or less than these shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 60 calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish ape necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the eor:'-xact by the City of Hunti r3toan Beach, California. 7te undersigned has examined, carefully the site of the work contenpl.ated,_ the plans and specifications, and the proposal and contract forms therefor. The suhnission of a bid shall be conclusive evidence that the bidder has investigated and is satis- fied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished# and as to the runt of the proposal, puns, specifications, and the contract. Ac this proposal is NOTICE: Insert the words "Cash, " "Certified Check, " or "Bidder's Bond, " as the case maybe, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. Zt -- undersigned deposits the above name security as a proposal guaranty and agrees that it shrill be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract fcw doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract doctin eats of the City, with surety satisfactory to the City withi:: 10 days after the bidder has re %ived written notice of the award of the contract; otherwise said security shall be returned to the uncle: - signed. Licensed in rdance with an act providing for the registration of contract License No. 15 39 ►'�t" RCE)ERT E. HOLLAND, VICE PRES. :�& L— Signature of Bidder Business Address 61 �=7 "a n t l n�,n '-i r:V o n H o n d: . Place of Residence Same a-- a': .,,v e Dated this q t;h day of ;i a y , 19 c Bidder shall signify receipt of all Addenda here, if any: Addendum No. rate Received Birlder's Sigxture 0rQi5- L i P -3 PROPCBM DUaMTICN TIRED CP BIDDER Bidder is required to supply the following information. Additional sheets may h- attwched if r=essary. 1. Firm Nam; SULLY-MILLER CONTRACTING COMPANY 2. Address: 'I_'a n gt, , 3. Teleptnne: ( 71 !i )`�°-1 t, 0 r) 4. Type of f i.zn--individual, partnership, or corporation: C o r^o r a t i on 5. Corporation organized under the la*-s of the State of: 311 f o r n i a 19 6. Contractor's License NuTber: 1 ?'- '►�, 7. List the names and addresses of all manbers of the firm or names and titles of all officers of the corporation: _ 8. Nunber of years experience as a contractor in construction work: t, f'a`' 9. List at least six projects ompleted as of recent date: C(VIRACr CLASS OF DATE Tr AMOMvr WCNK CC MpL= iME, AMF ESS 6 PHOW NAMM OF CX%NERi 1 ` i 10. List the name of the person wbo inspected the site of the proposed work for your firm: T rr Date of Inspection: !-!a`, 11. If requested by the City, the bidder shall furnish a notarized financial stat r nt, financial data, or other i.nforraation and references sufficiently oars-tehensive to permit an appraisal of his current financial oondition. P-4 T � SULLY-MILLER 7000 EAST SOUTH STREET /P.o. sox 5399 / LONG BEACH. CALIFORNIA 90105 / (213) 531•3550 (V141 L79-1400 • $V68191uwe or rp0809 CO.. INC. CONTRACTING CO. AUTHORIZATION TO EXECUTE BIDS�PROPOSALS, CONTRACTS AND PERFORMANCE BONDS In..accordance with the authority vested in me by virtue of that Board Resolution of g y y PP mP 'Bter- Sully-Miller Contracting Company which is dated Jul 13, 1984, and of that in office Memorandum of the Executive, Vice President of Koppers Company, Inc. , urnett G. Bartley, Jr. , which is dated October 10, 19841 I , R. K . MacGregor, President and General Manager of Sully-Miller Contracting Company, hereby designate each of the following employees of Sully-Miller Contracting Company who, by virtue of: this designation and of the aforesaid _Board Resolution and Interoffice Memorandum, are hercoreoratetsealzed an tandXallteronosals name for the sale behalf roductss merchandise under- its ndise and services of this any and any bids and performance bondsrequired in connection therewi0, involving, any amount not in excess of five million dollars in, any one instance, to the United States any of the States, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the departments, political subdivisions, agencies or wholly-owned corporations thereof, or to any other person. President and General Manager R. K. MacG regor Sr. Vice President b Manager - Blue Dianond Materials R. F. Molyneux Sr. Vice President 3 Assistant Secretary W. Duane Rash Vice President A Manager - Los Angeles Construction Division J. A. Berton Vice President b Manager - San Diego Construction Division and Assistant Secretar-y D. E. Branch, Jr. Vice President b Manager - Orange County Construction Division Robert E . Holland ' :ice President b Manage►• - Northern Construction Division D. E. Bosworth Vice President b Manager - Equipffent Division R. W. Keith Vice President - Production, Blue Diamond Materials Division D. J. Unmacht Vice President 3 Ass 't. Manager - Blue Diamond Materials Div. W. D. McCullough Controller James b. Pittman I Assistant Secretary John Clemente Assistant Secretary Raul Duran Assistant Secretary Dale 0. Durham, Jr. Ass'i Stint Secretary Frank E. Holland Assistant Secretary R. R. Munro Assistant Secretary J. L. O'Neal Assistant Secretary J. C . Wilson Assistant Secretary J. F . Winders Executed at Long Beach, California this Ist day of April , 1985. SEAL : . K. acGRE si ent I RY,Mi:dt OCHCRAL CNQINt[R1/va CONT14ACTOC; SING[ 1923 • ASPHALT f. NOCK PRODUCTS MANUKACTUR[N ' CAL•STATE.LIC. 1511 r • STILLY-MILLER CONTRACTING COMPANY PROJECT EXPERIENCE ORANGE OFFICE YEAR TYPE OF- WOkK PERFORMED VALUE OF WORK PERFORMED LO�CA'.ION OF WORK OWNER 1982 Parking Lot Construction 255,000 480 Lakeview. Anaheim Kalaer Foundation Tract Work 345.062 21272 Plano Trabuco Kidgewoud tkvelopment Street Reconstruction 816,448 ' '-.plan Avenue City of Orange i Park Construction 734.000 't i b ?lain, Comm. Part. City of Huntington Beach; Parking Lot Construction 341 ,025 IbSD W. Romneya Dr. , Anaheim Martin. Luther Hospital Tract' Work 1 .504.965 Various Locations Mission Viejo Company Street Repair/Reconstruction le499710 Various Locations City of Santa Ana Misc. Resurfacing b Reconst . 274.250 Various Locations City of Newport Beach 1983 Parking Lut Constructicn 87.510 Main at Chestnut City of Santa Ana Tract Work 1 ,612,76 Various Locations Mission Viejo Company Street Reconstruction 256.045 E1 Toro Rd . . Laguna Reach City of Laguna beach i Site Work 17S, 278 KV b Mini Warehouse Site The Irvine Company Stre:.:C,Parking La: Reconst. 5<3,980 Transportation Center Cit; of Fullerton Street Reconstructi-vo 154.226 itarbor Hlvd. . Orangefair City of Fullerton Tract Work 204,99) Palm W/0 Coldenwe st Cayman Development Site Preparation 207,663 Jeffrey S/O Irvine The Irvine Company Street Widening 234,099 S/5 Katella Cypress Land Company �y Tract Work 204,242 Tracts 12024, 12023 a 10496 Colinas De Capistrano Tract Work 200.355 Vic. Camino Capistrano b Avery Colinal Do Capistrano Street Reconstruction 421 .945 Meats Avenue City of Orange Street Reconstruction 1 .495,504 Trabuco Road City of Irvine Shoulder Widening/Overlay 528.900 111ghuny 74 (Ortega) . Orange Co. Cal Trans 'Tract Work 2.000.000 Various Loca t ion% M i ss iots Viejo Company New Roadways 1 ,hh1,.497 industrial Center Phase III The Irvine Company -4 'rract Work 962.967 W indwood The Irvine Zompany New Roadways 438.082 Yorba Linda Blvd. City of Yr,: nd Linda ;7, i. D SIGNATION OF SUBCONTP.ACTOka In ccmpliance with the "Subletting and Subcontracting rair Practices Act" being Se,tion 4100-4113 of the Goverment Code of the State of California, and any amerdrents thereto, each bidder shall set forth below the name and location of the place :>f business of each subcmtractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or inproverent in an amount in excess of one-half (1/2) of one percent (1%) of the prime oontractor's total bid, and shall further set forth the portion, of the work which will be ckx-e by each subocntractor. Carly one subcontractor for each portion shall be listed. rf the ecntractor fails to specify a sut-rmntractar for any portion of the won'<: to be perfoaned under the contract, he shall to deemed to h:•ve agreed to perfoszn tch portion himself, and he shall not be permitted to subccntraL•t that portion of :r►:, work a-=eprt under the editions hy...reinafter 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 or necessity, and then only after a finding reduced to writing as a public record of the Legislative Pody of the c ►-ner. PC ZCH I— --------- 7S'TATE LICI'NSE CF WORK SIJBCCNTWM- R IS NAM NZ ADDRESS NU43M ^ LIASS I Aft4. - A-bi �- t f cep4c".l J ert*J ztn j w, o 41 JC,4 i 2 42.S 3 h cps.. tJ I J By subodssien of this propcsal, the contractor certifies: 1. Tha, he is able to anJ will perform the balance cf all work which is covered in the above subcontractor listing. 2. That the Cit11 will tr-- furnished copies of all sub--.xontracts entered into and bond furnished by subcontractor for this project. P-5