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HomeMy WebLinkAboutSULLY-MILLER CONTRACTING COMPANY - 1987-08-31 UCOPOEU IF; OFf 1(;IAL RECORDS i I` l)t t+UPi 11'. tiL ACt OF OAAPJri` cUUFJTf CAIiFC)nN1A EX E M i ►0 0. FI,,, I CA) C 14 •4 LO pili FEB I o ,88 I��, ! • •t.r' Li •,• � (;flit �;',.Qr _.......�� Ni11 Il'f 01 +:Uhif'LI i IOtI .--;,.'�• G .;1 ✓ AtUfM F4 NOTICI_ IS i-.1-RUBY GIVEN that the contract. heretofore awarded by the City Council or thc, (: i t.y of Huntington lle,ich, California to SUj.1.y_LI1Ll.C.�_C4liTE�G71tIj._CWh I- _.__ 6145 Santiago Canyon Road , Orange , California 92669 who was the company thereon for doing the following work to-wit: reconstruction of Adams Avenue between Lake Street and Beach Boulevard , in the City of Huntington Reach, California , Project (C-710. that said work was completed by said company according to plans and specific-itions and to the satisfaction of the City Engineer cf the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on _ _ February 1 , 1982 That upon said contract the SEABOAPQ SURETY COMPANY, wa; surety for the bond given by the said company as requirea by law. Dated at Huntington Beach , California , this I;".h day of _ February 19 88 . Alicia M. Wentworth C ty Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach , California STATE OF CALIFORNIA ) BY p7 County of Orange ) ss : e uty City of Huntington Beach ) I , ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF CaMPLETION was duly and regularly ordered to be recorders in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach , California , this _ 8th day of February 19 88 . Tbii' docament is soilly for the efxiclal business a. the Cit,7 Alicia M. Wentworth of Huntington Bench, as contem- plated -- under Government code City Clerk and ex-officio C eFk of the C: tv Council of the City Sac. 6105 and should be recorded of Huntington Beach , California -se or cbnrge. ^� 0 2 37 40 City of Huntington Beach Department of Public Works F . O . Box 190 Huntington Beach, California 92646 Attention: Subject : Certification of Compiiancu with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-710; Street & Landscape Improvements on Adams Avenue between Project No . Title - a .e K sp.acfi hereby certifies that all laborers, mechanics , rpprentices , tralnees , w:..tchmen and guards employed by him or by any subccn tractor perform- ing work under the contract on the project have been paid wages at rates not less than those regvir.-4; by the contract provisions , :lnr: that the work performed by each such laborer , mechanic , apprentice •-,r trainee conformed to the classifications set forr!: �a the contract of training program provisions applicable to the wage rate paid . Signature and Title JAMES F. WINDERS, ASSISTANT SECRETARY .e . e • 023745 DECLARATION OF SATISFACTION OF CLAIMS I , SULLY-MILLER CONTRACTING COMPANY state : Name oE Contractor ) 1 . I am the general contractor for the City of Huntington Beach , as to the project more fully described in the public works contract entitled Adams Avenue , Between Lake & Beac} and dated 16 October , 1987 . 2 . A: 1 workers and persons employed, all firms supplying materials , and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims , or items in connection with Notices to Withhold , which have been filed under the provisions of the statutes c' the State of California : ( if none , state ' NONE" ) I declare under penalty of perjury that the foregoing is true and correct . Execu t ed a t Oranve, Ca 1 I forn I i on this 19 th day of February , 19 88. Signat re c%f Contractor AMES F. WINDERS , ASSISTANT SECRETARY h'Hlti RECORDED "4AIL �0' C - ��RMiED COPY 88-062505jr-j -nmred with Original . .- p P - Ilunlln.•ri(I [{�,i li lalif �a:f'.Sr l/l'1 NOTICE OF r.OMPLET TON NOTICE IS I1M BY GIVU1 that the contract heretofore awarded by the City Council of thr, City of Huntington Beach, "lifor•nid tu ;ULLy.HJLLEEZ_COti1P.9GI1t1G_L(ki�diil__-- 6145 Santiago Caryon Road. Orange, California 92669 who was " '.­mpany thereon for doing the following vorl to-wit: ►econstruction of Adams Avenue between tale Street a►,d Beach Boulevard, in the City of hunt ington Beat-h. California, Project CC-710. INL RECORDS pEf;(JRDED,IN OFF1C OF ORANGE COU►dfY CALIFORNIA .400. PM FEB 10 '88 T`,at said �rorl, was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said wor•►. wa, accepted by the Clty Council of the t.ity of Huntington Beach at a regular noeting thereof held nn ^� FeGr•uar_y 1,_ _ That upon said contract the SEABOARD 511RCTY 0-MPtNY�_ was surety for the taond given by the said company as required by law. Dated at Huntington Beach. Cal ifc.,ma. this Bth __ day of Fe r dry_ 19 HA . Alicia M. Wentworth C tt y erk and ex-offic o ClerT of the City Council of the City of Huntington Beach. California STA1L OF CALIFORNIA ) p County of Orange j ss ynn� Q�✓ —" City of Huntington Breach ) 1 . ALICIA M. WE11TNORTI1, the duly elected and qutlified City Clerk and ex-officin Clerk of the City Council of the City of Huntington Beach. California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said UTICE OF COK-LETIOH was duly and regularly ordered to be recorded iii the Office of the County Recorder of Orange County by said City Council . ba,• at Huntington Brach. California, this � ath day r.f February 1988 . This document is solely for the orriciRl buiin•„ .3f the City Alicia M. 'Wentworth or 'luntinoton Bench. An eontora- p1nl.0 under c•:ver-nrsoht code City an ex-o c o er Sec. O]OS rutA should be recurd•a of the City Council of the City of !lu►,tington Beach. California ftes or chRrAe. By _ '�iu tty..._C:.l�Q.�.V REQUE` FOR CITY COUNCOACTIQRI Date January 19 1986 -----�:�� Submitted to. Honorable May-jr wid Cj t, Council _ - Submitted b Pau E. Cook, y: 1 C'i t~; ?�clni ni s t rato r �� -•.•--- ct r-j' car::► �, Prepared by: Lacs G. Evans, Acting PUbliC Vbri:s Director Si sb ject: MIOLS AV'.M-.' PAMIM' REPAIR, ?.S PHALI IMUAY, CrMSTRUCT1(7N A.Md?- SCAPI NG OF MFMIA�S; CC-710 Consistent with Council Policy? [N) yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STAMOC OF ISSUE: Sully-Miller Contracting Conpany him; =rpleted the construction of street irrl)rovements and the landscaping of medians on Adams Avenue, betl-.--en Lake Street and mach Roul.evard. I�R�'1TIO�; I. Accept :he irrprovt:rrtints and author.Lce the City C1e&. to file the r•btice of Cowletion. 2. Apprcve thr total contract oast of $225 ,661 .24 . ANALYSIS: Ch Septe.^ir 8, 1987, the City Council awarcbd a contract to Sully-Miller Contracting C'bgy ny to repair and overlay asphalt pay.inq and to constrict and landscape redians . Tie construction of these i iprovements :is now cxmj3lete per the aa:)roved Flans and ,specifications . ""ne City Mainrer reomm--nds acoeptana-� of the project and requests that the NoLloe of Crxplet.ion be filed by the City Cle rR. 11ie fol loc.'ing is a Sunm,-y of contract. oosts: Coimci I_ al-)ro�rd Actual F-�.qxndi tunes Contract Amount S 235 ,669.00 $ 225,661 .24 Construction Contingencies 23,566 .00 -0-- tota1. S 259 ,234.00 $ 225,661 .24 RMING S0U10E: City Gas Tax Funds, Account r747100 S 137, 144. 2.: Orange County Transportation 'IYust Rood 88,517.00 215,601. 24 ALTERNATM 11MON: Not app).icable M'TMO WS: Nona Flo 6/W STATE OF CA!_IFORNIA I CourTv of . ss 1� ' On trn�. `t aa► of _ Jo�vestiber in the near 1931. before me the ondersigned a Notary Public in anC far sal,' State, ve,sonally appeared Robert E. flollii r Vice President ------- -------—-------- --- ---- --- _ ._-- - . personally known to me ,• to' proves to me on me Casts o' satrstactory e.iaence 1 to Ce the person who executed the �4liNjt/ll STJ} n r c�• i n a n} h r�nr�f�r n th!�� r1 n3r!od ?n� ?C`nQW�Ea ed�to me that vvithi, me. t o n, I• the C �.. q the ccl ora!,on eterut(•j ,t tYAw4 caJ,7Y f 11P YJLV 12. r?)1 -- — -- -- — — — WITNESS m; liana and otlrcral ea!, L-C _. `___ — f Notary Puokc in ana for saiC State STATE=. Of• t:'Al_!l•r7ft`'I:\ � � ��'-•e- � . �r -.,�.,.. ...- - ..� COUNI On this _l:''Tfi day __tiC)V. I`) ;ii hcI��rr file, thr uti,lrr.r,nr�i \��tar% f'uhli:, in atu1 fir the State, p r%onally appcartd -J. .DIML1UD2 _ ____ a per"on KII(mf1 it,file tor I,ru%tt1 tome rn file hasistit %atisfacwry ;.-vidence). to bt- the I,er�t,n %%lit, :\ccutcd the uritt:n in�tlnnlcnt ;t• on hehalf „I the corhirttion therein named and ackno%%ledged 1,, file that the cor1,ciration e.,tiufeLl it. Gi%cn uncler my hand anal \(ltarial Scat th,• 12"I'll , t ` , . N.D. 19 R? MY Ccltrntti"iun I Aires 1/27 89 �- • : AtiiIf: ht`1 4 SEA, BOAF► D Sly REETY COMPANY HOME OFFICE- NEW YORK. N. V. MA'1;:TF1IA11CF: 11O11U KNOW ALI. HEN HY TIUSE PRI:SI•:NTS: Tha t we, S�t`I1,1' 11 I 111:F3_CON11MCPI NG Cl'.Yt1IjA?�'Y _ hereinafter called the Principal , and S,:AIlOARD SURETY COMPANY , a New York corporation, with principal office at New York, New York, hereinafter called the Surety, nre firmly bound unto the CIn OF I{UNI'ING'IUs, ,in tic full and just sum of IVY IItT.NDRF.D C `11IIR'I•Y FI%T T1YXISA. D SIX 11UND M) SIY11' I:IGITI' �D/100DOI.LARS (235,668.00 ) , lawful money of the United States of America, to be paid to the said C'I'I'1' OF 1ILT,%71NCIX)N BEACII , to which payment well and truly to be trade, we bind ourselves , our heirs executors , administrator and successors, Jointly and severally, firmly by these presents. Sealed with our sual , and dated this 12ni day of ,1957 . 1+'IFF.REAS , the above-bounded Principal entered Into -a contract with the CITY OF IiwrI1\GRYN BEIAC11 d a t ed ff- 7m3n. 1 6, 1981 for RFC)\S1TttC1'IOti' OF r'1IjVJS AVENUE. (CC-710) S. NOW, THEREFORE, the condition of tills obligation is such that if the above-bounded Principal shall. retnedy without cost to the said CITY OF 11U%MNGMN l3F_Mll an ; defects whicl, may do-velop during i period Of five. ( 5 ) years from the datt, of completic►tt and acceptanry cof tliv wort: pertormeci under said contract provided such defects are caused by de- fective or inferior materials or worl;.man:.hip , then this obligation shall be void; otherwise it shall be rind - c-main in full force and effect . IN WITNESS k11FREOF, the said Principal and Surety have duly exe- cuted this bond under seal the day and year above written. ATTEST: I'f?I1:CI.I'A1,: StiII.l' �fII1.ITt tYrTIU1CI'ING Cn11Pt1NY 14 . , --- I!1' - RUBERT E. HOLL.AND. VICE PROS. • SEAli(lARD SURETY C0'U'j11J"i WITNESS: S'I'FTII!�1 J. Dl•.1DD0 Attorney-In-Fact Certified Copt SRAB9ARD SURETY CONA Y PP 6 418 No. 2083 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY (POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Stephen J . DeRaddo of Irvine, California Its true and lavirf ut Attorney-in-Fact,to make,execute and deliver on its behall insurance policies,surely bonds,undertakings and other Instruments of similar nature as follows Without Limitations Such insurance policies, surety Minds, undertakings aid instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same uxtent as if signed by the duly authorized officers of the Company end sealed with its corporate seal, and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the s'lid Company on December 81h. 1927, with Amendments to and including January 15. 1982 and are still in full force and effect, ARTICLE VII•SECTION t Yolkios.bonds, reeognitaneaa,slipuirtlons,consents of surely,underwriting undertakin+s and Iruilruments reialing thereto. Insurance policies bor.7s recognijar cps,shpulalions consents of surety and unde►wrnmg undertakings of the Company.Una releases,agreements and olner writings relating in any way thereto or to any claim or loss thereunder.Shall tie signed in the name and on behall of thk Company (a) by the Chairman of the Board.the President,a Vice-President Ora Resident Vice-President and by the Secretary an Assistant Secretary,a Resident Secretary or a ResrOent Assistant Secretary. or lb) by an Attorney-in•Fact for Ire Company appointed and aeahornzed by the Chairman of the Board, the Pres4ent or a Vice-President to ma►e such srrinature,or(ci .ty such other officers or rep►eseniatives as itif Board may from t-me to hnM determine The teal of the Company shall if approprrale tie aNuro thereto by any sucj officer Attorney-in-1-act or reprenentatrve"IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of Its Vice- Presidents, and its corporate seal to be h reunto affixed and duly attested by one of its A-sistant Secretaries, this 24 th day of ... .June 19 8`/ `n'rr' _a 111 Attest SEABOARD SURETY COMPANY. 1921 z 1 'w B + Assistant Sec►e'tary 91� r e rear STATE OF NEW JERSEY ss COIJNTY OF SOMERSET On this . ....24 th. . , day of June , 19 8 7. . , before me personally appeared .. .. .Michael._B Keegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn,said that he resides in the State of New., Jersey .. ; that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation describM In and which executed the foreguing instrument;that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto rjs Vice-Pres�dent of said Company by like authority i FEL'ICE M. CATAL.ANO ` (Seal) NOTARY PUBLIC OF NEW JERSEY My COMMiSSiol Exp. June 4. 1991 C E R T I F I C A T E NClzry f ubhc I,the undersigned Assistant Secretary of SEA130ARD SURET V CO►)PANY do hereby teRrfy that the original Power of Attorney of which the foregoing Is a full,true and corrnt copy,ism full force and elfect on the dale cif this Cifrtrf,cale and IOU further certify that Inc Vrea•Presrdent who executed the said Power of Attorney was one or the Officers authorrjod by the Board J Drrs.cinrs to appoeli an ntiorney•m•faci as provided in Article VII, Seection 1,of the fly-Laws of SEABOARD SURETY COMPANY This Certificate maybe signed and sealed by facsimile under and bir •ctt;rty of the foliowrng resolution of the Ext-cutive Commrllee of the Board of D&re'etors of SEABOARD SURETY CC'ePANY at a rrreetrng duly called avid r•t:r on the 25th day of March 1970 "RESOLVED (2) Thai the use of a orinted facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by Vre Presrdeni or w Vice-President pursuant to Article Vil,Section 1,of the By-Lows appointing and suthortrrng an attorney-m-fact to sign in the name and on behall of "+e Company surety bonds, underwriting undertakings or other Instrument3 descrrbe9 in uid Ar;icle VII. Section 1, with like effect as if such foal and such signature had been manually affixed and made, hwaby is authotUed and approved.' IM WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this .. day of .•. .. .. " ?tl...... . . . .. ... ... .. .. 19.. -......, ' 1927 i ef�b try tant. .. �I SEABOARD SURF:_77Y COMPANY HOME: OFFICE: NEW YOnK. N V. Itc:tii� tiu . 1 •llr;t;R-H7 tlA.1 li'I'�?tJAtiGf: 11014I) KNOW ALL MEII BY THESE PRESETS: - Tha t we, S(n.d„ A h1I1.1.I:E3 OOY11MCI`11G C"ININY hereinafter called the Principal , and SE.A1)0AI11) MUM COMPUY , a Iiew Yurl corporation, with principal office at Iih!w York, Itew York, hereinafter called the Surety, are firmly bound 'into the CI'IT OF If NTINGIUN BrAC}1 All the full and just sum of Jj%U 1 ItTIDRII) '131I�'FIVI: 'I110USM SIX HUNDRII) SIMY LI(alfl' M/100U0LLARS (235,669.00 lawful money of the United Staces of America, to be paid to the said CI1' '�F IM'INGMI BEIC11 to which payment well and truly to be made, we bind ourselves , our heirs executors, administrators, and successors, jointly and sever.-illy, firmly by the se presents. Sealed with our seals and datc!d this 1`7ni day of INT3V• 19137 . INMERE.AS, the above-bounded Principal entered into -a contract with the CITY OF I IUNI'I NGIUN 13F.AC1 f 11,1 t e d CX,'POBER G, 1987 for aims IRLLTIOV OF ADrW.S AVI:NUL-' (CC-710) NO1f, THEREFORE, the condition of this obligation is such that if the above-hounded Principal shall remedy without cost to the said CITY OF HUNI'INGMN I3E.ACIE any defects which may develop during; a period Of five ( S ) years from the date of cnmplr.tion and acceptance of the work performed under said contract provided such defects are caused by de- fective or inferior materials or worPinanship, then this obligation shall be void ; otherwise it shall be and remain in full force and effect . s III NIVIESS VILERE0F, the said Principal and Surety have duly exe- cured this bond under seal the day and year above written . ATTEST: PitltiCHIAL: SLU_Y t,1II.LI?R MNITUiCrING COMPANY SEABOARD SURETY CO1-111AIIY WITIiF.Sr 1tY : S'ITPII�1v J . D1:IiMIX) Attorney-Iu-Fnct CITY OF HUNTINGI?CN BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 16, 1987 Sully Miller Contracting Company 6145 Santiago Canyon Road P. 0. Box 432 Orange, CA 92666 RF : Cow-traction of street and landscape improvements on Adams Ave. between Lake and Beach , Project Cc- 710 Enclosed is your hid bard, a ropy of the executed contract. ,vith the City of Huntington Beach, a Certificate of Compliance form and the Declaration of Satisfaction of Claims . The Certificate of Compliance form and the Declaration of Satisfaction of Claims MUST BE RETURNED TO THIS OFFICE AFTER 11AE PROJECT I5 COMPLETE BUT PRIOR TO THE RELEASE OF RFTEN11ON FUNDS. In addition, the following item must. also be nn file , :vrth this office, he Fnr►r t.f-a City can re 1 e-rse any retention funds : A :ir+:ranty bond qua rant eeing the final amount of work and materials for one year . If ynur uerformance bond does not include specific ;jordinrl fnr rj nnr- year ►varranl.v . then a rider or separate bond must he _uhm i ► t.ed !;nruilrf you h;1ve airy rirrp!,t ir~ s or roncerns regarding the' enclosures or itrms that mrr!,t be on File_ in this r:fficF: prior to .elease of retention Funds, pleas_ call floe Noble, Contract Administrator . e2a-,�- Al. !� -111rin M. Wen tvinrth f' rty I' Ir'rL cc: Don %able, Public Works Dept. Enclosures: Hid flnnd Cash f'nrit rnr't Cf•rt O it al v of f'cmnl anrr! Dur. l .arrrtirrn (if' "intl-,far:tion o` f" lairrrs (Telephone:714-536.6=1 r• CITY OF H 1. N TINGTON BEACH Y 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 16, 1987 Silveri 8 Le Bouef 1800 E. McFadden Avenue Santa Ana, CA 92705 We are returning your bid bond which was submitted with your proposal for street and landscape improvements on Adams Avenue between Lake and Beach Coulevard , Project CC-710 , in the C. ty of Huntington Beach . The contract for this job was awarded to Sully-Miller of Long BE ch. We would like to take this opportunity to thank yu;, for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enc. ITW@Ph.:,,.: 714-5'W52Z71 1 i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK October 16 , 1987 Blair Paving, Inc. 4226 E. La Palma Anaheim, CA 92807 We are returning your bid bond which was submitted with your proposal for street and landscape improvements on Adams Avenue between Lake and Beach Boulevard, Project CC-710 , in the City of Huntington Beach. The contract for this job was awarded to Sully-Miller of Long Beach. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enc. c ITWaphon e:7!4.63"2271 C I Y FU 11 D i:1) PUBI. IC ;,.'OIRr�-S CON'PRAC-T- 11,E'Te;-i-' I;- --r;I L.: Cr;�I j:G C,C:1.11, (211-1' OF HUNTIN61'ON DEACH AND SULLY-MILLEE COITFRA ;- OR Ti* RECOINSTRJ-.-'1' 1-0t; CF ADAIIS AVENUL ( CC- 71 () ) "'if T IS r da (0 47 JO/L C )L 1 6 1 1 if U 1: 11;(3 1 1,0 r 3�:.,A i rhu,; it-a ! C a I if or r., ia , here i ri,�, f f e r r 1;jj j IV-1-1 T 1,1,H F-, C -7- P1 C�11 C. r e e r r ed to �,s V,Jf ERLAS , C 11''i Si-, 1 C. tcr; I. I a i �1 r,1 ic wnrk�- f ro)ect , her t:-- i na If t-ei: refer- rc--(] Lc' PPCO fr:C—:"' d e----:c r i b e d 1,e o-i- `L n t h e C i t of liu ri t i t o n b,ea c Streel- cind Beach Poulev (-'ON7RAC7'OR !, ,3s 1,)eer. ana L :3 t-(--- 1-2rt () r - ,or I I-� Sa NUVII I THERF, FOP1-- in con.- i derat- i on of the prc r-,, i seL-- thc part tes covenant ii g r e nien t s h e r e i n IT— a r.c jreE= iS I (r > > c)w' ;%GPF ; OF RISK 54h--i f U r I i xj On'se , a : labor , I:1 a n t s o(i 11 1)1 P,e,-. -1 , ,,;u p 1)1 ic,s , t r a n s po r t a t 1 on L I'. I I i t I C-(-, -I n G d 0 i 2 i t e r--s, e r v i c e.,i., a n( f a c i I i t , e�-- necessary t o o e t E- a n d t, n t r ,- c L t h e 1:1 ROJ F C'A' -, n a g(,)(1 d Et n d workmanlike manner . CO NT PACT,--'!, aQ r to assume the r i s P: of a I I Ics s (:)kP- damage ar i s i ny out the nature of the PRO,7ECT , dur i rig i t-,- progress or prior to accel,tance , from the action of the elements , from any unforseen difficulties which may arise or be A L 1� C-11CO Lin t e I,ec, i r t t2 p r( :'c_Cu t- t cl, r)!. word: , i3n d f c) r c, t I ie r r I z; of arl'i r I I"L I ov, cc)ririect i-. (l it iJ Lhe wor k I u(� , but riot, I I ri i t c.,, I;i x en:: r 11. ('0 r.,S Q'(1 U n C C- I.- t 11 s u s p e ii .* i o n. L.;c n t i i k"! i c c i.c-h c. r c- r 1. e x p r e s z, 1% r n I t �t i t 11 f 11 1. 1 V C 0 711 1 12 t. t-h- t"' ti I 1 t: 1; 1-: t". t:i-M e a ri r-, h e i-'!a r,r-i h o,.%,r an(,. c r r; r, c. i r 4 c c r a n c r comt.en c:%,: i or, ..et r t n .'iccei.t.e,, r, i c.. I'rr);_(,.:ai . I t"�j the Lot .-- I IL c, compuLec: or t h e b a s i t. t-" o %N,r)r 11: a C U. y r i c L') ri a r, --z J n e r Aformed , ir, wit t, t- ' the H;-Lr: Sheet ACC ;: PTANCE (.I;, CQND '- TION' 0." 'i'*O-R , ; P:-ANS AIND SP A 1 10 N C()N'j RA C TO U 1 f a'r I r w I t h L a .1 1 the t. e r ms t: on., i�tjl 1 (.1 a k.,n of L 1; r e,em e n t a n the Contract Document. ri :'.. f t r CA i n e(,, ) thir I o c t , o r, of the job s itte , El i'l(i t !i< CC)T,(-: L t: i ON.- u ridt?L7 wh i cA,,- e w o r i 0 to be e r f-'o r i n e d, , a n c A; r c , n t o t- r e e m e r,t: i�a 0 upon i tS L nveset: iu4at or,. o a I I such inat ter.,.-o arici i s rely i rig 1 ri no WWw Upon any opinion:- or repro en t- a t- i oris of Y It is agreed, that t- 1h c. Contract Documents are incorporated into this Agreeme n L by this r ef e re'-rice, wi t h the same force and effect as if the '. ame wQr(! set- forth at length herein , and that CONTRAc,rOR and its subcontractors ,. if any , shall be bound by said Contract Documents insofar as they -2- relate in part or in any way , directly or indirectly , to the work covered by this Agreement . "Contract Documents " as defined herein mean and include : A . This Agreement ; B . Bonds covering the work herein agreed upon ; C . The CITY ' S standard Plans and Specifications and special contractual provisions , including those on file in the office of the Director of Publ-:r. viorks of CITY and adopted by the City Council of CITY , and any revisions , amendments or addenda thcret.c ; D . The 1985 edition of Standard Specifications for Public Works Constr,.iction , published ny Builder ' s News , Inc . , 3055 Overland Aven,ie, Los ingelQs , Califcrnia 90034 , and all amendments thereto,, written and promu:gated by the Southern California chapter of the American, Public Works Association and the Southern Cal. iEornia District Associated General Contractors of the California Joint Cooperative Committee ; E . Bid documents including the Notice Invitii;g Bids , the Special Instructions to 'bidders and the Contractor ' s ProposF,l ( attached hereto as Exhibit "A" ) ; F . The particular plans , specifications , special t provisions and addenda applicable to the PROJECT . Anything .nentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications , shall be of like effect as if indicated and mentioned in both . In case of discrepancy between any plans, -3- ® 0 specifications, special provisions , or addenda , the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of: CITY ( hereinafter referred to as "DPF7" ) , without whose decision saic discrepancy shall not be adjusted by CONTRACTOR, save only at i is own risk and expense . Should there by any conflict between the terms of this Agreement and the bid or proposal of CONITRACTOR , then this Agreement zhall control and no-n-inc; herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith . 3 . COMPE:NSATION CITY agrees to pa}, and CONTRACTOR agrees to accept as lull compensation for the faithful performance of this Agreement , subject to any adciitior.S or deduCtLons made under the provisio:is of this Agreement or the Contract Documents , a sum of Two Hundred Thirty- Fives Thousand Six hundred SixLy Eight and no/100 dollars ( $235 , 668 . 00 ) , as set forth in the Contract Documents , to be paid as provided for in Sections 1 , 6 , 13 and 14 herein . 4 . COMMENCEMENT OF PROJECT CONTPACTOR agrees to commence the PROJECT within ten ( 10 ) working days after notice to proceed is issued and shall , diligently prosecute PROJECT to completion within sixty ( 60 ) calendar days from the execution of this Agreement by CITY , excluding delays provided for in Section 11 herein . 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of -4- 0 the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract documents _ cr all shop drawings , aetails and sawples , and do all other things necessary and incidental to the prosecution of. its wori in conformance with the progress schedule set forte: in the Contract Documents . CONTRACTOR shall coordinate it -, wort. with the word: of all other contractors , subcontractors and CITY forcesworking on the PROJECT , in a manner that will taci. litate the efficient completion of the PROJECT and in accordance with Section 4 herein . CITY shall have complet , control of the prer�ises on which the work is to be performed ana shall have the right to decide the time and o_'cer in hutch the various portions c,t the work shall be performed and the Frfority of the work of other contractors , subcontractor: ana CITE' forces and , in general , all matters concerning the timely and orderly conduct of the work of CON':RAC'I'OR or the premises . G . CHANGES CONTRACTOR shall adhere st . idly to the plans and specifications set forte: in they Contract Documents unless a change therefrom is authorized in writing by the DPW . CONTRACTOR agrees to make any and all changes , furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any charges without the written order of the DPW, and CITY shall not pay any extra charges made -5- by CONTRACTOR that have riot been agreed upon in writing by the DPW. When directed to change the work. , CONTRACTOR shall submit immediately to the DPV. a wL iteen cost proposal reflecting th effect of the change . 5houla the DPW not agree to such cost proposal , tht. work shall be performed according to the changes orderec 1. w�r i t ir,�j by the DPVi anal the proper cost thereof shall be negotiated bI. the parties upon cost any pricing data submitted b� the CONTRACTOR; thereupon , CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be ad ) usted upward cr downward accordingly . 7 . NOTICE TO PROCEED No work , services , material , or equipment shell be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY . CITY does not warrant that the wort: site will be, available on the date the notice to Procee.: is issued . In event of a delay in commencement of the work due to unavailability of the job site , for any reason , relief to the CONTRACTOR shell be limited to a time extension equal to the delay due to such unavail- ability . 8 . BONDS CONTRACTOR shall , prior to entering upon the performance of this Agreement , furnish the following bonds approved by the City Attorney : One in the amount of ore hundred percent of the contract price to guarantee the CONTRACTOR ' S faithful performance of the work and to warrant such performance for a period of one ( 1 ) year after CITY ' S -6- acceptance thereof , and one in the amount of fifty percent ( 50% ) of the contract price to guarantee payment of all claims for labor and materials furnished . 9 . WARRANTIES The CONTRACTC9 unconditionally guarantee:, all work done under this Agreement including , but not limited to, ar.y workmanship , installation , fabrication , material or structural facilities cnnstructed . CONTRACTOR , within ter, ( 10 ) days after notice by CITY of any defect in the fork , shall have the option to make appropriate repairs or replace the defective iterl or items . Upon expiration o". : uch ter. ( 10 ) day period , CITY may then make appropriate repair or replacement at CONTRAC77OR ' S risk and expense . 10 . INDEPF.NDE INT CONTRACTOR It is understood and agrees tha4 the CONTRACTOR is , and shall be , actin, at all times hereunder as an independent contractor anc; riot as an eml: loyee o: c.'? "T1' . C NTRACTOR shall secure , at its own expense , and he res; onsible for any and all payment of income tax , social security , state disability insurance compensation , unemployment compensation and other Fayroll deductions for CONTRACTOR and its cff_ icers , agents and employees , and all business licenses , if any , in connection with the PROJECT . 11 . LIQUIDATED DAMAGES/DELAYS it is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth in Section 4 herein , damage will be -7- sustained by CITY ; acid that it is , and would be , impractical and extremely difficult to ascertairn and determine the actual damage which CITY would sustain in the event of and by reason of such delay ; it is , therefore , agreed that CONTRACTOR will pay to CITY , as liquidated damage:; and not as a penalty , the sum if Two Hundred FLfty dollar : ( $250 ) per day foi each and every working day ' s delay in completing the wo-- k in excess of the: number of working/calendar day:: forti, ir: Section 4 herein . which .:um represents a rc-asonable endeavor by the parties hereto to estimate ci fair compen,3ation for the foreseeable losses CITY woula sustain in the event of and by reason of such delay ; and C(--.)NTrAC'TOR agrees to pay sa id di)mages herein provided , and further agrees that CITY may deduct the amount thereof frorr, aria monies due: or that may become due to CONTRACTOR hereunder . CONTRACTOR will be granted an extent: ior. of time and will not be assessed damages for any portion of the delay in completion of the work due to ISnforseeable c . .,�= beyond the control and without the fault. or negligence of CONTRACTOR, including but not restricted to , acts, of God or of the public enemy, fire , floods , epidemics , quarantine restrictions , strikes , unsuitable weatber , or delays of subcontractors due to such causes . CONTRACTOR shall , within fifteen, ( 15 ) days from the beginning of any such delay ( unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement ) , notify the DPW in writing of the cause of the -8- delay and CITY shall cxtAnd the time for completing the work if , in its judgment , the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto . Should CONTRACTOR be dela..°ec in the prosecution or completion of the, word; by the act , neglect or default of CITY , or should CONTRACTOR be delayed waiting for iiaterials required by this Agreement to be furnished b} CITY , or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible , or by the combined action of the workers , in nowise caused by or resulting from default or collusion or, the part of CONTRACTOR , or in the event of a lockout by CITY , then the time herein fixed for the com letion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed , but no allowance or extension shall be rude unless a cla-, m, therefore is presented in writing to CITY within fifteen ( 15 ) days of the commencement of such delay. No claims for additiorna _ compernsat : on or damages for delays , irrespective of the cause thereof , and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors , will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFFRING SITE CONDITIONS ( 1 ) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed , notify thF DPW in writing of : _g_ ( a ) subsurface or laterit physical conditions at the job site differing materially from tho:,:e indicated in t:, :s Agreement or the Contract Dacurit r,.. s; or , ( r) ; unknow!i pb sic=!1 c.ondaitions at the job site, of an unusual nature , dtf. fering materially from those ordinarAy encountered and; gEnerallr rec,-)gr; izeci its -inherent to work of the character to be performed under this Agreement . The DN-, shall rromi:tly drIvest ivate the: ce., . ition:: anc if it finds that such conditions de. materially so differ and cause an increase or decrease in the time r,.?uuired 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 ExtenVron o claim of the Cc:eJ'i'P.ACrGR under this Section shall be allowed unless the CONTRACTOR has Given the notice required hereunder , erov i deo , however , the t : me Frescr abed therefor may be extended by CITY . 13 . VARIATIONS IN ESTIN'ATED QUANTITIES The quantities listed do the bid schedule will not govern final. payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT , in accordance with the plans and specifications . Upon completion of the PROJECT , if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section . The DPW -10- 1 may , at its sole discretion , when warranted by .he facts and circumstances , order an 9quitahle adjustment , upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation f' to the quantities listed in the bid schedule . No clam CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . l the quantity variation is such as to cause an increase in the time necessary for completion , the DPW shall ascertain the facts ana circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PRCGRESS PAYMENTS Each :-;onth the DPW will make an ostirnate in writing of the work performea by CONTRACTOR and the value thereof . From each progress estimate , ten percent ( 10 € ) : ill be deducted and retained Dy CITY and the remainder , less the amount of all previous payments since commencement of the work , will be paid to CONTRACTOR . When CONTRACTOR has , in the judgment of the DPW, faithfully executed fifty percent ( 501 ) or more of the value of the w.-jrk as determined from the bid schedule , and if the DPW f _nd:: that satisfactory progress has been and is being made , the 'CONTRACTOR m,�} be paid such sum as will bring the payments of each month up to one hundred percent ( 100% ) of the value of the work completed since the commencement of the PROTECT, as determined by DPW, less all previous payments and ler;s all previous retained amounts . The final payment , if unencumbered , -11- or any 1-art thereot_ unerncumbe,red , shall :)C Made th i rt: y-f Ive ( 35 ) as}-s after the accep Lance r:t the work and the_° f i 1 ing of a tlot ices of Complt-?t i on by CITY . Payments shall be made on demand, drawn ire the mcinner requ i rea by law , each payment to be accompan i fed b.: a cer t i f icat:e signed ry the DPW , affirming that the work for which payment is demanded has been perforcred in accordance with the terms of the Agreement and that th amount statea in the cent i f icate is due under the., terms of, the Agreement . Part -. al f,ayrrents or the contract price shall not be considered as an <accet:tance of any part of the wort: . 15 . wIThPELD CCNTRP.C'r FUNDS SUPSTITUTIOV, OF SECUF.ITI ES At the recue:st anc: expense of CONTRACTOR , who shall retain beneficial ownersnir, and receive interest , if any thereon , CITY shall permit the substitution anc. deposit therewith of securities equivalent to the arnount of any monies withheld by CITY to ensure ): er `_orma:;ce Lu"Wer Section 13 of this Agreement . 16 . AFFIDAV : TS OF ShTiSI'ACTION GF CLAIM!, After the completion of the work contemplated by this Agreement , CONTRACTOR shall file with the DPW its affidavit stating that all wcrkers and person_ employed , all firms supplying materials and all subcontra,. ;ors upon PROJECT have been pi id in full and that there are no claims outstanding against- PROJECT for either labor or material , except certain r items , if any, to be set forth in an affi ,=L;;vit covering disputed claims , or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the state of Cal -► fornia . Of t IT 17. ilna Lcate --Aiali con.- tlt ',ti, •N�l r ni t,ri('•t? r o -,r i f31 ri(j n1:t. (:)f. t : l r ,, "•c't}i',C-rit Ic IC:ATION, D E'E't'SI-L HOLD HARMLESS , r , , * . � ( '�i f:C � C f_ f. :Ii�: � r;(:e-ran ( . C3:+1. (I .•I.Lr .,.::'t,' .�C3r 1Ii♦l::� � I •: � i �_ .. IJfI,/_rr , ::�.f:..i♦. .., .ter. . f'h.t � G'•'r?��:i cs�-�ci : f::; t a.l'. :::Iit. .. � 1 1 i al: 1 I i ! � � :_ _ :.3I f:.._ � � U r'�'(i - - � - C'k-- :I:� rat c- .'4 1 .. . :. . 1�4':clt.r: r)I' 11: � .. r tO ( (;�. t :'. .�_ t (_ :J Ii: (} . r'(_:� tlliC: � . . : t• r o : .. r IJ�.. t_ r �. � is r I :. 1 ::'�. 1 ( E: 7ci r. 1. 1 C)( i i � 'i U�_ I: t' fJ:. _ —, .. �..� - :. .= rt� lis :�I.0 : _ LGr; r.• :"ice (✓ I,i. !' .St_ :' � J; �:1. ,. (. .� �_ .� _ rci�_ ��'r:.. - .. 1 .. .1 17 tr:1� pa:. - 1 V ' :_'::' c r f:'I. '. n t-.: . 1 j•_1.�` .. . ._ r':: .. ..:'.' a i:C ':::C'e C.'L t i c1 t h ,.�. �.: ..:1: L :. t. ... I. '.I ,_ ..11 ' :.L:: c3 1. �". 1 •.' ... (1 r: r - i.• r !':. .. �.��• - ! :f_':i�n / ._ ,_ C r C.. t�•T F ..E:I: �. i •�.'r:�•�,' r �, !:t' ._ l_� .i c. 'n l .. 3 i. t'(�:'1 �:11CL I_'f (. I . . RAC�10R _ '(aI:!7::t i:t'f: �'(i il: .lt 1 t: .. r_• C!�:;'. ar. exy'en .-e . :,I?,' ��• �. r .(_, ` fir,, r-{'. i f- (• F�. Its f f i � �!•i� ; l)' (. .. c �:: �r a ,. t JrI� _ i _ 1r rrt_c' , , i lri c1rCll:', t. t� i `. (7 11 �7i2f: tIJI1 N 1 1 !,t_ r �? 1 !;lj�lii:��'(4 t0 C1 Y C'0 T1lAC' Lc C1 :'i b'; a court or com::,etent ; ur i cl.ictic)ri a cc, L: I>ur uant to Ca iffornia Civil Code 3 1021 . �� iinR �:.: ' COI:i'E:VSA'! 1C)N I NSU"AMCI- Pu r str o Ca i 1 f.cirni a Labor Cede Section 1861 , Cntl`i'RAc,TOR acYnnw1ecges awareness of Section 3700 et seq . of said code , which re-quire:; every er,,,ployer to be insured against liabi ' : ty for workers ' compensation; CONTRACTOR covenants that it will rorw1A .v with such provisions or ,or to commencirg p,erformince of the work hereunder . -13- CONTRACTOR sha11 maintain such Workers Con, pens ation Insurance in an amount of not less than One-hundred Thousand Dollars ( $100 , 000 ) , at all times incident hereto , in forms and underwritten by insurance compan i eL; satisfactory to CM ; and CONTRACTOR shall , prior to commencing performance of the work hereunder , furnish to CITY , on a form approved by the City Attorney , a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty ( 30 ) r.al's 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 r-..odi f icat ion of sLch ;.ol ic;• . Said i n:-ur ance shal 1 not derogate from the provision:: for ir,r.'emn ► tication of LIT': by C'J: TRACTOK under Section ±b of this A:2t eer ent . CONTRACTOR shall require all subcontractors to provide such i:crkers ' Compensation Insurarict- for all of the subcontractors ' erI 1 oyee_s . COINTPA :'c_ : shall furr► i sh to CITY a certificate of w�iivf.r of _;ubruk.:at io�ri ur;cer tht' t_erais of the itio.k.ers ' Compensation Insuraricc? arlci CONTR ,,c::':0:P shall similarly require all subcontractors ►c waive sutrroga •.: io:; . 20 . INSURANCE: CONTRACTOR shall carr ; at all times incident hereto, on all operations to be performed hereunder , bodily injury and property damage liability insurance policies including automotive ti--di ly injury damage 1 iabi 1 i t% insurance , underwritten by insurance companies in forms satisfactory to CITY for all operations , subcontract work , contractual obligations , product or ccnp eted operations and all owned -14- vehicles and non-owned vehicles . Said insurance, policies shalj name the CITY , its officers , agents and employees and all public agencies as determined 1), the CITY as Additional Insureds . CON"IRACTUR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement , in an amount of not less than One-Mill -ion Dollars ( $ 1 ,000 , 000 ) combined single limit cuverage . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificat . evidencing the same . Before CONTRACTOR performs any work at , or prepares or delivers miatertals to the site of construction , CONTRACTOR shall furnish to CITY cert t f i cate" of insurance: suniect to approval or the Cit', Attorney evidencin<: the foregoing insurance coverages ; sate Cert i '_ ► cat<<s :;hall 1--rovtdc the name and policy numher of each carrier aria policy , and stall state that the ,col i cy ' s C-urrent 1 , iv. force ann A- , 1 1 not be cancelled Until the work under this Agreement_ is u l : v completed and acceptec by the CUIL"i . The re(rLcir-rrenc for carryin�. the foregoing insurance shall not derog.3te from the rrovisions for indemnificarion of CITY by CONTRACTOR under Section 1b of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said pclicies of insurance . CONTRACTOR shall pa} , in a prompt and timely manner , the premiums on all insurance hereinabove required . 21 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the word; - 15- hereunder with diligence , or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit_ of creditors or oecomes insolvent , or % iolates any provision of this Agreement or the Contract Documents , CITY may give notice in writing of its intention to terminate this Agreement . Unles:; the violation is cured within ter. ( 10 ) days aftor such Notice of Intention has been served on CONTRACTOR , CITY may , without prejudice to any other remedy it may have , terminate this Agreement upo.•i the expiration of that time . Upon such detault by CONTRACTOR, CITY may elect not to terminate this Agreement ; it,, cuch event CITY may make good the deficiency in which the dOrault consists anc deduce the resulting costs iron, the prorress payments then or to become due to CONTRACTOR . 22 . DISPOSITION OF PLANS , ESTIMATES AND OTHER DOCUMENTS CONTR::CTON agrees that ul:,or; complet ior. of the work to be performed hereunder , or ur:o.: earlier term nation of this Agreement , ali original pla:is , si-ecif . cu ;: tons , drawings , reports , calculattorts , malts and other documents pertL ning to this Agreement shall ne d livertc.; tc. CITY anc: becare its sole property at no further cost . 23 . NON-ASSIGPJABILIPY CONTRACTOR shall not sell , assign , transfer , convey or encumber this Agreement , or any part hereof , or any right or duty created herein , without the prior written consent of CITY and the surety . . 24 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any -16- regular CITY employee in the work performed pursuant to this, Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 e :. seq . 25 . ATTORNEY ' S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement , the prevailing party shall be entitlea to reasonable attorney ' fees, costs , and necessary disbursements in addition to any other are life to which that party may 5e entitled . If any action is brought against COHTP,ACTOP or any subcontractor to enforce a Stolz: Notice or I;ot i ce- to r,i t hho.ld which names CITY as a party to said action or by reason of which CITY incurs expenses , CITY shall be .�rititlec to reasonable administrative and attorneys fees , costs and necess,., ry disbursements arising, out of the processing of sa i ci StoP !J t i c:e s , Noticezz. to riithhol:i , or any similar legal docum-?nt necessary to the prosecution of. such action . Sa L d or l t <;at iora shall be provided for in the labor and materials payment bond required of CONTRACTOR . CITY may chard_ an a AmLvistrative fee of One-Hundred dollars ( $100 ) for every Stof. Notice filed in excess of two , zegardless of whether or not CITY is named in action . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreerent . 26 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an - 17- authorized represe: ,.ative of the party to whom delivery is to be made , at the place of business of 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 ineaning of the provisions c .4 this Agreement . Or PAGE t 0'i USED ) -18- 28 . ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by and through their authorized officers this day , month and year first above written . CONTRACTOR : CITY OF HUNTINGTON BEACH Sully-Miller Contractinc, Co . ' C) Naine/T i t 1 e MBE_R'I' E. VICE PRESIM-NIT ` `--- ---. Nam /Ti t l'� J. i�. UAIR, ' ..'I'�V'SSISTt-kw SEC Y ATTEST : APPROVED AS TO FORtf : City Clerk City Attorney REEFED AND APPROVED : IN: TIATED AND APPROVED : City Administrator Director of Public Works -19- i, CITY OF HUNTING TON ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 9 , 1987 Excel Paving Company (230 Leman Avenue Long Beach , CA 00806 .4e are retur^ ing your bid bond which oas suCmi teed ,ith your orocosal for street and landscape imorovements an Adams avenue oetween Lake and Beach 3Quievard , Droject C:: - '10, in the City o` �Juntington Beach . The contract for :his ;oti was awarded to Sully-Miller of Long Beach . ',ie would like to fake this opocrtunil:y to thank ycu `or your interest in :ubmittinc 3 nr000s3i . Alicia %I. '�entwortn City Cierk A.�'W .b Enc . DPW t�) X&&-- REQUE.�'�FO CITY COUNCI ACTION r � R . J Date ,.uqust 3 1 , 1987 Submitted to: Honorable Nayor and pit,., Counci ? 1 Submitted b Charles Thompson , Ci t_> 71(it ' n i:=•trotor --_ _........._.._.- . .:. __-. �' y: Prepared by: Pau1 Cool: , director o. u. is VorkF, Subject: Bic] Results for the t\sphalt Pepair , Pesurfacing , construction , and Landscaping of Nedians on A,tams Avenue bet,.- Pen Lake Street and Beach Boul eva rt1 ; Cc_-7 10 Consistent with Council Policy? ( :•] Yes ( ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue : Pursuant to Council authorization of June 1 , 19 'S" , bids were receivk2d on ,Nugust 27 , 1997 for the impro•:•emer,t: rf 'edam } +.•r^t:e ` ct�,cen ' a}:e Street and Beach Boule%,ar(? . P.ecommendations : 1. Accent the lots bid sut:mi. t:te(? b,.• ct; " '. '.�:- won : � t : �,: rc^�•�an:• and authorize th�� 'Sa vor �7►; '. C' i t• C1er'-. t0 t�xe�cute .Ir, a;:�nrO^. irate contract in the amount o:" c'' 35 , r)68 . 00 2 . Authorize the director of '-'inanre to enc�irl?er �5 , COO . 00_ `or antici- pater? project " inci c?enta ls " . Anal•:sis : on June 1 , 1987 , the Cit-.,, Council .• lan s :1n:' speci ` ications for the construction of imF�rcver:ent:; on :��?a. i:; �.,.,enue `,et:•reen Lake S ,e r 1 ?j :,�; 1s �u1'1:^dH 7e,1 1•�, 10':: :•:ere 2-ecelve(7 t re.,_ t ant'. Reach Sou le�•�� rc. . and onene(I on '�::dusr 27 , 1119-7 . Contractor £;; ,? Ariount Sully -i l ler S:, '.5 , G69 . o0 Excel Pavinq ;;252 , 469 . 00 I31air Pavinq S:'.55 , 5 13 . 00 S e. 2G4 , 340 . 00 Staff has re%,iewec1 the bir; proposal--, and rccommen0f; the acceptance of the Sully "i l ler bi l . The construction of these improvements will require "incidental" expenc'i tures (i . e . soil. testing , utiliti.,• fees , etc. ) of aPpro-ximately $5 , 000 - therefore , the Director of Public Works reduests that Finance be autho- rized to ncumber these funds . Funding Source : Contract costs $235 , 668 .00 " Incidentals" 5 , 000 .00 Total : S240 , 668 . 00 11101 NO 5/05 Aid Results of the A alt Repair • Resurfacin ConstTLiction and � . Landscaping of "edians on Adams Avenue Augur t 3 1 , 19 8 7 Page Siurce of Funding Type of Pevenue Amount City Gas Tax S ].52 , 151 . 00 OICUTT Funds 88 , 517 . 00 '"otal : c140 , 669 . 00 These revenues have been budgetec? for this project in fiscal account 742200 (OCUTT Rehab . ) and will he transferrer? to the project account 747100 upon approval of low hid . Alternative Action Reject all bids and not procee�] with the project. . PEC : DR': : dw NOTICE INVITING BIDS d e - 7/0 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Streett Huntington Beach, California, until the hour of 2:00 p.m on A..,g..,�,t Z7, 1987, at which time they will be opened publicly and rea:,1 a o d in the Council ChAmbers for the O./2 4. e. a►,.we Cow, t A...ds e. in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on _;!24 Za — 1987 at the Department of Public Works, 2000 Main Street, HuntMgtoti Beach, California, upon receipt of a non-refundable fee of $ /o°O . Each, bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is mace on a forr,l furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of F-kintington Beach, California the � of � 198 7. Alicia Wentworth City Clerle. of the City of Huntington Seach 2000 Main Street (714) 536-5431 0328G DATF : August ENGINEER' S ESTI MATE : ' �, ►��� •(�fl JOB AND CC NUMBER :- Adam L-01,.•.een Lake ;t reet ar'.r: :�o:xll FCC tr., rlal. 'bnst r-l1c.'ldon BIDDERS NAME TOTAL BID AMOUNT 1. All. uric rn 2 Blai 1- Pavinq, 3. Bruce i'zvi n; Carpany, In<z2!;xDr V c i 4 . C,-jj:1S(Dr2 T.ar:c I I 6 . 'r�•:c«I :ai:� Cnnt.n:ctinci, Incx�r�;�r ►>c, . 7 j. I 9. Kato 10. ,Ncbe-st Cbrntruction 11. Pzr y nc - %%h i tnL-✓ . _ OO .12. Si lv-ri and Le tic a--1 f JV ' 13. Sully miller ' 8 1•;. Vernon Paving REQUES FOR CITY COUNCIL ACTION Date VAn A'Y2*:.1 f)02 ._ T•c�J „_ Submitted to: 1-kxior0hle Mayer and City Council Submitted by: Charles W. Thompsrxi, City Administ mtor"'.0' ` � 19 Prepared b � y: Paul E. Conk Director of Public Work: ` - � � ►t � Subject: Ad3rns Avenue Between Lake Street and Bench Boulevard; C(--••71 0 � Consistent with Council Policy? (X) Yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:. STATEMENT OF ISSUE: Plans and Specifications for the repair, resurf3cinrl, constructinn and landrr:aping of medians on Adams Avent.ie between 1__akf, Street and Br-,nch Boulevard are complete. RECOMMENDATION: Approve pinns and specifications and authorize staff to solicit bids. ANALYSIS: On January 6, 1986, City Council npprovcd Resolution hJurnhr r 5613, requesting th!,, Orange County Transportation Commission to allocate funds from the Orange County Unified Transportation Trust Find for thr! 1w.provernent of Adirns Avenue and agreed :•� provide matching furls. On April 14, 1986, the Orange County Transportation Commission approved W,517 for Artims Avenue. between Lake Street and Beach BoWeva rd. This project is exernpt from envi mnmentnI reviev in ncr_ordnnco with Section 15301, Class IL. FUND!NC SOURCE: The total entimated cmit for LNE projnct is $271),001l., g s(�t),t'J0 part- avai:able in Account Number 747100 for this project for fiscal year 1987/H. Up to J88,517 will b(. funded by the Orange. County T'rnnsportation Comrnissinn Tnist. mind. ALTERNATIVE ACTION: Deny approval of constnictinn ,rind forfeit County matching funds. ATTACHMENTS: 1 . Location Map 2. Cntegntical Exemptinn CWT:PE C:tJS:t!w 1251,1 ,p Pro eroe t awEww[NTS . .--- CIRCULATION PLAN OF ARTERIAL STREETS AND HIGHWAYS AD?FTFD Eir OTr CWJCL RE`,CLUTION POO 4%8 •CEC 12.1976 LEGEND FREEwAY STFEET CAPMTT MAJOP 4hrklO PRIMM?v xokx, SECON.JARV 21(1000 N3TE 51'C. 1•V ti.• L'1 1•lr-ft: Wo-v Of na. V �` 1.9! /+1.15'��• 1 I Merl �••n/ r WI/ .�tl�t• I AI .Vn a.I •41 U •.1111 t7 Nam.• '/ N' 11'{1♦ ' 7 f 1 ` 1 VIAL. 1 ' `04 , • I ,t I I I 1 i � I 40 I , />RoL;r,Ec i CITY OF 2 . HUNTINGTON BEACH 1 NOTICE OF EXEMPTION TOE _ Ofilee of Planning and Research FCi£yM:o1�PHuntinto) 1400 Tenth Street, Room 121 Sacramento, CA 93914 County Clerk ,r County of 01:ansle ject Title Adams Avenue Street Rehabilitation ett Mc-atlon-Specific Adams Ave: between Beach Boulevard and Lake Street PmJeci Location-City Project Location-County Huntington --Beach Orange Description of Nature, Purpose, and Beneficiaries of Project Resurfacing/reconstruction of existing roadway to extend useful life. Name of FUlic Agency Approving Project City of Huntington Beach Name of Wrion or Agency Carrying Out Project City of Buntington Beach, Department of Public Works ExemptStatus: Check One Ministerial (Sec. 15073) Declared Emergency (Sec. 15071 ` ) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number. 15301 Class IL Reasons why project is exempt: Contact Person Area Code Telephone Ertensic n John Milier 714 536-5431 5517 i appl cant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received for Filing N i ature Assistant Planner Title Revised 3anuary 19S5 1 COMPLIANCE WITH ENVIRONMENTAL PROCEDURES AND SECTION 65402 OF THE CALIFORNIA GOVFRIDENT CODE PROJECT AND LIMITS Adams Avenue -- Bead to Lake (Street i on Project AHFP PROJECT 110. CITY OF Huntirigton Beacom r 1 . All State and local ordinances pertaining to compliance with the California Environmental Quality Act of 1970 and as amended have been met by the following action: Categorical Exemption, �{o'tL / ' Dated tile-�AFP Negative Declaration Glass�3� Date of determination Date filed with Clerk of the Board of Supervisors (A copy of the deter- mination is attached ) Environmental Impact Report Date of approvnl or cer- tification (A copy of this action and the final EIR Is attached) 2. The City as Lead Agency for the implementation of the project as defined by CEQA has consulted with the County ao Responsible Agency In accordance with Section 15066, Title 14, Chapter 3, California Administrative Code Guidelines for Implementation of the California Environmental Quality Act of 1970 prior to the completion of the above-referenced environmental documentation. 3.. This project has been reviewed for conformance with the require- ments of Section 65402 of the California Government Code and applic;5le local ordinances and has been acted upon as required. I hereby certify that the above is a true and correctu statement pertaining to the above project. By Q� City Official Dates Title Authorized to Publish Advertisements of all kinds includingQ public notices by Qecres of the Superior Court of Orange Counly, California. Number A•621e, dated Y+ '�eptember. 1961. and A•?ae71. dated 11 June. 1963 STATE OF CA+_IFORNIA County of Orange •wtftt ►HnKa •11.6011W4 so.tr.d e, a.t ,mtevo Is wa M r ptsrtl -M 10 DP I CQ*.wM.wmu tam PLWC NOTICE NOTICS, - lt Huntlrgtoe I am a Citizen of the Untied States and a resident of "MTM=a Bossch. C utomta. unu the ,,cCr710 '* w Notrr of 2t00 p.itti on Aupust the County aforesaid, I am over the age of eighteen ►�otwlstt.rebl�oti«+titat 27,-1987,*11OkhtknaL*NY sssted bids wet be raoai►e0: wMi be opened publli:V,and years, and not a party to or interests ' in the below by OhN City office a I1unlington r��WOW In an,�,r,�• f7�iry Oe!� et Gt ��00 c ho w►s far the o.1T A.C. entitled matter. I am a principal cle;k of the Orange awnay, conwuction and Coast DAILY PILOT. with which is combined the Fein of�r.iA.�a,,bo-• tr+sen Lake St. and Beach NEWS-PRESS. a newspaper of general circulation, OW In the City of Hunt- printed and published in the City of Costa Mesa, MoonPl'ns.W@C -' aticm-ow ow i contract County of Orange. State of California, and that a dooxwts mw to obtained Inviting Bids onJuy20,1067.attheDs- Notice of p.rlment of.f ubk Worts,' 2000 Atairt Otrsst. HWI- -- noon, Beach.;;CaHlomte. Won moelpt of 11'W4e104- oewe feed$10.00. : -- ---- Eedt bid shag be made on of which copy attached hereto is a true and complete the Forn°airs! e the rpanneir pruurisr ovided M the copy, was printed and published in the Costa Mesa, "be,d0 wxwirpair '' by a, Newport Beach, Huntington Beach, Fountain Valley, a bie � the wridual of Irvine, the South Coast communities and Laguna thetkLown rna%ade Payable 10#w Beach issues of said newspaper for `WC � of gradorpton n ON The CanusNor MN, to tits Wcemence of the work consecutive weeks to wait the issues) of No Artpowwrie tie;Conform to site Labor,Code of the state of CalHomis and other laws of lM State W Cox fornis ,applicable tnweto. With the OmW on oey of, axa--- bs �r3 __ ._ . 198�3_ variations thet may statutes pun rkl to•VA*A �rqs tiara-ONSW are Aug . 17 � 198 7 wkw, and xfrdt have,not been superseded by the pta"siatm of the Lebo+ cods. Pnoveme to tabor 198 dua be, ti6",only in the Manner provloW by 1".. No bid shah•1s co;d ido' unities it is made on a form, 198.-� lurnwwd by the city of tttmtnpton Beads anor Is ritoo in ac�ordarics with fhe prodslons of the proposal 198 r tech bidder: must be licensed and also:',prs- qusadad as vquirsd by iew. the Gry Councs at.the I declare, under penalty of perjury, that the �atyof tooMIWSn Beach e- tsrvts U+e ttgM to ref.ct any tore going is true and correct. °"Mbider 9 9 � By order of tfi.City noun- ell of the City Of ll mINVton Bejeft C4Morr"114 1 st day Executed on Aug . 17 aA d�wer''a"aMi• city 198 ? ��f city of "Wh- at Cost Mesa, California. 2000 Main street (714) 536-5431 _ Put k0W Oraips coast •�L L 1 ID&" P*31 August 11, 17. Signature j 1ts1 TM480 PnOOF OF PUCLfCATIM B i D PROPOSAL Sully-Miller Con'tractin COm--- p Y --' -"- Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the asphalt repair, resurfacing, ccnstruction and landscaping of medians cn Adam Avenue between Lake Street and Beach Boulevard. OC-710 I hereby Pnt h the materiis theretore accordln o r6po'se and ig"ries to enter Into a to perform the work herein described and to fu g the plans, specffications 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 a'ny subcontractor.or materialman through any bid de ository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which Is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materlis and equipment, and or all incidental work necessary to deliver all the Improvements complete in place In strict conformity with the plans, speclficatlons and special provisions, cn flle'in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: ITEM APPROXIMATE ITEM_ WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL Mobilization ($10,000 maxim=) at. . . 1. Lump Stan r6Aj ??-1U aS j ti' o 00 00 1>,0 (.a CL-S Per s=. 1 rxb -� ` Traffic control at . . . 2. Leap Sum '�d v R_i 44 a vSA &,40 u�u t J ob 1 t!E Tii/JNC�'26� be per A- qY0 0 0 limpsum. Excavation of broken A.C. and A.B. to accmcdate a 0.51 A.C. base course (.� i�a CV 3. 200 c.}�. �' —. 16✓6tiJ I �00 at. . . oQ_ � 'Z SDA t..<..A E=j per c.y. P-1 I ITEM APPROXIMATE ITEM. WITH UAIT PRICE UNIT 110. QUANTITY WRITTEN 1N WORDS PRICE TOTAL A.C. base course (10,760 s. f. x 0.51) 4. 400 tons C7 ,u, * Zt v v is oti �v Lt-.A eL-S per ton. 0. 111 A.C. overlay 0 Do 5. 2,000 tans %lvE tit �� tics 3v�po ZI si 600 7 3;b Per tan. r Coldplaning at . . . Q OV 6. 28,000 s.f. {t . T'Cf^/ e4n/'f S • � U �(��U ..,_ G I per sq. ft. Heater remixing at. . . 0� 7. 145,000 s.f. -- � IVT S r • I ( ' / 1 �L6V6 � per sq. ft. 18" median curb per H. B. Std, Plan 201, 00 8. er6►0(�4-l-f- Type B--1 at. . . e 5 3 t 0- /O 4 ,600 1 . f. SIX - - 95/dV Dot,&,,Q!>i.sper 1u:. f t V r 1 . Landscapi-xg of medians at. . . f� 9. limp Sum Six_' ,1 'rN `-LF6 TNoUSAIJ 00 � 3 3 Du q � � 6 9 t wut'kt-6s per Ms sum. / 1 Adjust manholes at. . l �i,U 0 1�c/n. �/1A d � �?o 10. 16 each L(A0T li PvLcAI per each. just water /valve boxesat. . . Oo 6V 11. 22 each ON e- (YUA.,� SlX7-7 rr I TA V A_ DD"A _ S' Per ear-h. ilaised traffic markers at. . . Vp vQ 12. Sum r>F tiT f,Ue 1VVA,'1" � � S 50 ZSSa r1- T'Z LSD U,4lLS per lump sum. place traffic signal detector loops Go � 13. 20 each t. . . °� ��e qVti4 vo v 2 S per each. Lc S [r. T � ..�P P-2 ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 291 driveway approach per H.B. Std. GO 14. Lump Sum P1 211 incl, fire hydrant relocation ql 30 at %)ti- TN o u 5 A tia per 1P sum 1, S 30 � I U'NE v r2r Ljc(-Afl-S Total Amount in Words: `` nn Na`uSAw� 'Six dvN` Ar ' 235� v P-3 F and agreed the a rox It Is understood pp Imate quantities sho•tn the foregol:n�g proposal schedule are s` "al solely for the purpose _of, facilitating the comparison , of bids and that the contractor's compensation will be computed upon the basis of the actual quantities in the completed work, whether they be more or less that those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time IIm'it allotted for the contract Is 60 calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and fuirn(sh the necessary bonds within ten (10) da'ys of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined a refuliy the site of the work contemplated, the plans and conclusive specifications, t he evidence that'the bidder has+investt� t bid shall be at d andefor. The submission of a , M proposal g Is satisfied as to the conditlons to be encountered, as to the character, quiiity, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specif(ca'tions, and the contract. Accompanying this proposal is "Bidder,Asi. Bondi NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an amount equal to at Itsst 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits ,the above named security as a proposal guaranty and agrees that it shall be forfeited to the CityHuntin ,. of s,ton Belch as liquidated damages in case this proposal is accepted by the City and the undersigned shall fall to execute a con`t`ract for doing said work and to furnish good and sufficient bonds In the form set forth to the specificatlons and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of tha contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 91538 "A" , Sully-Mille►- Con ratting Company ."=� e�F &S&It-d Robert E. Holland , Vice President 6145 Santiago Canyon Road Signature of Bidder Business Address Orange, California 92669 Place of Residence N/A Date this 27th day of Auqust , ig 87 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature P4/0 N6 9T2 (' MOZE _ 8 8 A Mc CA& t,. P-4 ' PROPOSED INAMATION REQUIRED OF BIDDERO Bidder is required to supply the following Information. Additional sheets may be attached if necessary. 1. Firm Name: Sully-Miller Contracting Company 6145 Santiago Canyon Road 7. Address: Orange. Califgrnia 92669 3. Telephone: (J14)639-1400 �,•-- 4. Type of firm—Individual, par'tne'rship, or corpor:'t'lon: CORPORATION S. Corporation organized under the laws of the State of: CALIFORNIA 6. Contractor's License Number: #1538 "A" 7, List the names and address of all members of the firm or names and titles of all officers of the corporation: (PLEASE SEE ATTACHED) 8. Number of years experience as a contractor In construction work: 54 years 9. List at least six projects completed as of recent date: CONTRACT CLASS OF DATE AMOUNT WORK COMPLETED NAME, ADDRESS & PHONE NUMBER OF OWNER (PLEASE SEE ATTACHED) 10. List the name of the person who Inspected the site of the proposed work for your firm: Jim Townsend Date of Inspection: Z 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-J DESIG&ION OF SUBCONTRACTOR i In compllance with the 'Suble i g c"ti 'Practices Act, being Section ttln and:Subcontractln= 1~xir 4100-4113 of the Government Code of the State of Cslifornla, and any a:mendmants s location of the place of business e; thereto, each bidder shall set forth below the name and each sub contractor who will perform work or labor or render service to the prime contractor In or about the construction` of the work or improvement In an amount In excess of one—half set for h thelpo) of rtionne percent of the work) whl ht 9wlil be done byaeach's bcon ta Onldctora I `further y one subcontractor for each portlon shill be listed. If the contractor fails to specify a subcontractor for any portion of the work to be p!` arformed under thre contract a, he shall be deemed to have agreed to perform such portion, himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcont'rxctor was designated In the original bid shall only be permitted in cases of public emergency or necessiy, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS cow..�z� Jo N J �►�s kOAM ti F 2 � 1,6 ZA4� vac ; 2`� 8'6 tr &QT_0_ CA Cqdd.C& AJ 6 -r," .c ?14WV6 6)U17/Ve &OvZ—A 4#vA _Iu usetj RMA)66�214 Vvarrlm-�, $(4Aorr6CU:1 ommcc 3 i By submission of this proposal, the r-ntraetor certifies: I. That he is able to and will perform the balance of all work which is covered In the above subcontractor listing. Z. That the City will be furnished copies of all sub—contracts entered into and bonds furnished by subcontractor for this project. P-6 SULLY-MILLER :'"��� • 3000 LAST humsi stw-'rI / IInx 5J'J9 / LONG bLAC11, CAI,I�npNIA 90b0'j / (?171 531 7.SU 171+. 639 14n,) • •YY.141.M. l/l M4Fl.M� l 4.,IN/:. CONTRACTING CO. AUTHORIZATION TO EXECUTE BIDS, PROPOSALS, CONTRACTS AND PERFOPJt%NCE BONDS In accordance with, the authority vested in me by virtue of that_,Board Resolution of; Sully-Miller Contracting 'Company which is dated July 13, 1984, and of that interoffice Memorandum of the Executive Vice President of Koppers Company, Inc . , Burnett G. Bartley, Jr. , which ' is dated October, 10, 1989, I; R. K. MacGregor, President and General Manager of Sully-Miller Contracting Company, hereby designate each of the following employee: of Sully-Miller Contracting Company who, by virtue of this designation and of the aforesaid Board Resolution and Interoffice Memorandum are hereby authorized to execute in the name and on behalf of this Company under its corporate seal any and all proposals for the sale of products , merchandise and services of this Company and any bids and performance bonds required in connection therewith , 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, nr to any other person . President and General Manager R. K. MacGregor Vice President b Manager - Los Angeles, Constr. Division J. A. Berton Vice President d Manager - Northern Constr. Division D. E. Bosworth Vice President b Mana er - Ora'n` e County Constr. Division Robert E. Holland Vice President b Manager - Equipment Division R. W. Keith Vice President A General Manager - Blue Diamond Materials W. D. McCullough Vice President Finance/Conrol I er J. 0. Pittman Assistant Secretary J. D. Blair Assistant Secretary D. E. Branch, Jr. Assistant Secretary John Clemente Assistant Secretary Dale 0. Durham Assistant Secretary Dale A. Lowe Assistant Secretary George Lubanko Assistant Secretary R. R. Munro Assistant Secretary J . L. O'Neal Assistant Secretary J . F. Winders Executed at Long Beach , California this 19th day of June , 1986. 14acGREGOR,lesident SEAL; ' RKM:dt ache"AL CNGINCCNINO CONTRACTOR 611'/Cc I6177 • ABP14ALT C. NOCK PRODUCTS MAI/UfACTU1IE14 CAI SIA11 LIC. Ibil SULLY-MILLER CONTRACTING COMPANI' PROJECT EXPERIENCE- ORANGE- OFFICE` YEAR TYPE OF WORM. PERFORMED VALUE OF- WORK PERFORMED. LOCATION"OF WORK- OWNER.- 1984 Tract Uark 204 .242 Tracts 12024 . 12023 X 10896- Colinas Be Capistrano Tract Fork 200,355 Vic. Comino Capistrano S Avery Colinal De Capistrano " Street Reconstruction 421.945 Meats Avenue ` City of Orange Street Reconstruction 1 ,495,504 Trdbuco Road City of Irvine Shoulder Widening/Overlay 52d.900 NighwaY 74 (Ortega)-; Orange Co Cal Trans Tract Work 2 ,000" 000 Various- Locations Mission Viejo Cowpsny New Roadways 1 ,665 .492 Industrial Center' Phase III The Irvine Couupany!' Tract Work 962 .967 Windwood The Irvine- Company- New Roadways 438,082 Yorba Linda Blvd. City of Yorba Linda 1985 Shoulder Widening/Overlay 1 .05E,909 Carbon Canyon Road Cal Trans Street Widening 621 ,205 Chapman Avenue @ Glassel City of Orange Street Widening 66.9 .162 Chapluan''Aven'te E/0''Main City of Orange Street Reconstruction 265 ,941 Various Loca' (ions '' City of Costn-llesa New Roadway 1 ,313,356 Alton Parway E/0 1-5 City* of Irvine Site Dev,: loptuent 1 ,375 ,G00 Orangethorpe-& Valleyview J.C. Penney Site Development 400,000 Hsrbor 6 Chapulan`= Hunt Corp Tract- Work 210,000 El Toro & Old E1 Toro Graves Construction New Infrastructure 2 ,500000 Bryan 6 Browning City of Tustin- Street b Storm Drain Reconst. 1 '200;000' Orangethorpe Avenue City of Anaheim Tract Work 2 ,000.0001 Various Locations Mission.Viejo Company 1986 Street, Drainage- & Utilities 5 ,100,000 Irvine Center Dr. b Alton City of Irvine Street Reconstruction" 4370820`= Chapown 8 Crawford Canyon~ City of Orange"' Street Reconstruction 530,560 Artesia{�Blvd!` h I-5 City of Buena~-Park Street, Drainage`& Utilities 7,000'000" Irvine4Spectrutn"- Phase 111" Irvine Cowpany�', Street-Widening - 650,000'- Seal Ot:dCh Blvd @ 405""Fwy C-L Peck Street Reconstruction 400.000�7 Sea Shore Drive City of Newport Reach Street Reconstruction 562,0or West Street N/O- Katella City of Anaheim New Roadway 5671903 Fainuont Illvd: City of YorDa Linda. Street Widening 264,211 Gothard -& Talbert; hunt. Beach Chevron; USk= Note: The above is a partial listing of projects completed- in the last three years. The Sully-Miller Orange Construction Division couipletes dppruzimately 125 projects per year. Insurance b Benefits Division / _ P.O. Boa 10 CITY OF HUNTINGTON BEACH, CALIFORNIA Coy Attorney Huntington Beach, CA 92648 A MUNICIPAL CORPORATION This is to certify that the policies of Insurance as described below have been issuntd to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 30'days prior written notice, by mail, to City of Huntington Beach, Insurance and Benefits Division, P. O. Box 190, Huntington Beach, California 92648. Koppers Company, Inc. & its Subsidiary Name of Insured 811',Y4 T . . .R CQEMCTTNCOMEANY Address of IfIlLred 3000 East South Street, Long Beach, CA 90805 Location of Woik or Operations to be performed Adams Avenue between Lake Street & beach Boulevard Description of Wort; or Operations ReCgntruction of Adams Avenue POLICY DATES LIMITS OF LIABILITY me of Insurance Co.Ay POLICIES IN FORCE POLICY NO. Effeetiw Expiration In Thousands (0001 Self Insured Retention or P Deductible. 7 36 d GENERAL LIABILITY RMGLA956-63 01-01-87 01-01-88 National Union Eire 00 COMPREHENSIVE FORM Insurance Company IX) PREMISES—OPERATIONS i 1 'QW, 00 CSL of Pittsburgh, PA 0Q EXPLOSION AND Each Occurance COLLAPSE HAZARD (Xi UNDERGROUND HAZARD IXI PRODUCTS COMPLETED OPERATIONS HAZARD IXI CONTRACTUAL INSURANCE 00 BROAD FORM PROPERTY DAMAGE ISO INDEPENDENT CONTRACTORS ( � PROFESSIONAL LIABILITY/ ERRORS 11r OMISSIONS AUTOMOBILE LIABILITY BA154-97— 01-01-87 01--01-88 Natioanl Union Fire I�0 COMPREHENSIVE FORM 1 Insurance Company of Pittsburgh, PA (� OWNED s 1,000,,')00.00 CSL (N HIRED Each Occurence I)q NON-OWNED EXCESS LIABILITY ( I UMBRELLA FORM S ( � OTHER INSURANCE SFL'JF INSURED BY STATE OF CAL 70RNIA COVERAGE CERT. NO. 113 INUOUS COERAGE � / 00� WORKERS COMPENSATION AND Waiver of subrogation from Waken'Compensation Insurer. Additional Insured Endorsement: The insurer agrees to provide an endorsement to each policy shown above as follows (excluding worker's romp.) 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, astd/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder. Such insurance is primary and not excess or contributing to any other insurance of the City of Huntington Beach. This eartificata is issued at a matter of Info!mation.This certificate is not an insurance policy and don not amend,extend or alter flit coverage afforded by the policies listed herein. Notwithstanding any requirement,term or cnndition of any contract or other document with r et to which this cartif ir;ete of Insurance may be issued or may pertain, the insurance afforded by the policies claurib herein is s biect to all the ter exclusions and cond-:ions of such pollaes. 1t)Us r Johnson.& Higgins of PA, Inc. National nion Fire Insurance C - nY �of Pittsbu h qq A or Broker 116anPq Com ny PA 2f� One F& Place ((11 llne treet, New York, NY 1.0270 /10 nn o M A. Raper Thomscn f , A-. / 1c-L�_._.September 18, 1987 Nano of Person to be Contacted Authorized ipnature Date �(4.12) 391-5250 --- NOTE:Authorized signature nosy he the p agents if spent has placed insurance Tafsohons number through an agency agrearr►tnt %ith the insurer. If Insurance is hrokwed, authoritod signature must he that of an official of the insurance company. SEE REVERS'c SIDE. FOR I4OLD HARMLESS AGREEMENT 0 The City of Huntington Beach requires by or I,nance that a Certificate of Insurance, he on file with us for the issuanre of a porrnit or license. and that it he kept current for as long r+ that permit or license is in force. The certificate you now have on file with the City will expire on the date shown on bottom of mailing label. Please have your agent suhmit an updated Certificate of Insurance, on this form prior to this expiration date. Failure to comply may result in the cancellation of your permit or license and the closing down of your operation or event. This is the only notice of cancellation you will receive from the City of Huntington Beach. T►IE CITY OF HUNTINGTON BEACH MUST BE AN ADDITIONAL NI.MSD INSURED. All Certificates of Insurance should be mailed to the Insurance and Benefits Office, City of Huntington Beach, P. 0. Box 190, Hunting- ton Beach, California 92648. If you have any questions, please call this office at 536,5990. DEFENSE, INDEMNIFICATION AND HC LD HARMLESS AGREEMENT The undersigned Insured Contractor, /California Corporation/ Other �`—_"—_ — — ) hereby agrees—Foldeffe—rild, indemnify and hold harmless the City of Huntington Beach, 'ts officers, employees and servants (hereinafter collectively referred to as City) from any and all loss, damage, coot, expense, liability, claims, demands or judgments arising directly or indirectly out of the work• project, event or other purpose for which the accompanying certificate of insurance Is provided, regardless of tha active or passive nature of any negligence by City except when such liability arises from the sole negligence or wrongful misconduct of the City. This agreement extends to cover the actions and omissions of third parties as well as those of the Insured Contractor (indemnitor) and the City (indemnitess). The legal defense required by this agreement shall he provided upon request by the City and at the sale expense of the Insured Contractor. Any costo of defense or attorneys' fees incurred by City in enforcing this agreement shall be reimbursed to City or may be awarded City y a out competent jurisdiction. SIGNED: y: Title: VICE PRESIDMrr y: Title: ASSISTANT SF7CR ARY If a Car ra an, FkWmust sign; or, in the alternative, present satisfactory evidence of your authority to bind your Corporat on. — ----- ----•-.- P1O 6186 A CITY OF HUNTINGTON BEACH Insurance & Benefits Division ' P. O. Box 190 M�IK.cr.M�N Huntington Beach. CA 92648 r THIS SHOULD BE,FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED CID �.....r� z STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS O OFFICE OF THE DIRECTOR NummE CERTIFICATE OF CONSENT TO SELF-INSURE - r � , THIS IS TO CERTIFY T11at- 49I-I _ CONTRACTING OOMPAIJY._( __Cf,>tlifQrni _cQrpQrs}�,i0n�_ has complied with the requirements of the Director of Industrial-Relations under the provisions of-- Sections 3700`to 3705 inclusive, of the Labor Code of the State of California and is hereby granted1his Si Certificate of Consent to Self=Insure. This _ -r ideate may be revoked at any time for good cause shown." tt �• DEPART T OF INDUSTRIA LATIONS } �T e F 'HE STATE OF ALI RNIA j 6 THE 1`�yt:._DAY O►—J.Ul�_r8�_ ' •Macaw RI CHARD S. ANDFRSON lie-.a •rtiGcate.—"A cerli6cate of cunsrnt to self-insure may be ievuled fly the Duectur of Indtutsial Relations at any blue for good cause alter a hearing. Goal cause includes• anwng other things. the notpr timent of the solvency of such employer• the irulhility of die employer to fulfill leis Obligations. or dse ; Practice by such etnnlo)er or his agent In Charge Of the'admintstration of oblimatiuls under this division of ally of tale following: (a) IlAbitually aril as a nutter of ;practice and custom inducing claintana for cuutpensation to accept Irts tllau Ille lYltintle►ltAion Clue or inaking it uaYessary far them to rewrt to pruceedinss x ag.+inst the employer to secure the compensation due; (IF) Disclpamins; his emntk•nutiun ohlistations in a dislionest manner: W Disch:amint; his conspensation obligations in such a nnanner as to cause injury to die public or dune deahiag wtdl hits.- (Sectiun 3701 of Labor Coale.) lu certificate may be sevol+ed for noncompliance with Title 8 Gahfurtua Aditunlstr:auve Code. Croup 5 -Administratiun of Sell-[usuraiwe. *3upersedes Certificate No. 004$-E, issued to SJI- -MILLER- CONTRACTING- COMPANY on August 22, 1973 and Certificate No., 1130, on October 1, 1967. W 7 ,. FOON A-4.10 Insurance fi; Honer its Division P 0.Box 190 CITY OF HUNTINGTON BEACH. CALIFORNIA —'� Huntington Beach.CA 9264E C�t� Attorney A MUNICIPAL CORPORATION This is to certify that the policies of Insurance as described below have been Issued to the insured by the undersigned and are in force at this time. If these policies are cancelled or changed in such a m.rrner that will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntingtun Beach. Insurance and Benefits Division, P. 0. Box 190, Huntington Beach, California 92648. Koppers Company# Inc. b its Subsidiary Name of Insured SULLY-MILLER CONT ACTIIQ CCMPANY - Address of Insured 3000 East South Street, Long Beach, CA 90805 Location of Work or Operations to be performed AddW AVCAue beLwppn Lake Street & Bach n ulI eygCd Description of Work or Operations Rec4 struck 'on of ,AdAM. Avgpue --���- POLICY DATES LIMITS OF LIABILITY arse of Insurance Co.& POLICIES IN FORCE POLICY NO. Effective Er rratlon In Thousands (DOoa Self Insured Retention or P Deductible. GENERAL LIABILITY A956-63 01-01-87 1-01-88 gational. Union Fire lX) COMPREHENSIVE FORM 2 insurance Company f Pittsburgh, PA IX) PREMISES — OPERATIONS S� ■�Q��.� CSL IX) EXPLOSION AND Each Occurence COLLAPSE HAZARD IX) UNDERGROUND HAZARD M PRODUCTS COMPLETED OPERATIONS HAZARD fXl CONTRACTUAL INSURANCE IX) BROAD FORM PROPERTY DAMAGE 0C) INDEPENDENT CONTRACTORS ( 1 PROFESSIONAL LIABILITY/ ERRORS&OMISSIONS AUTOMOBILE LIABILITY P.?IBA154-97- 01-01-87 1-01-88 National Union Fire 11 Insurance Company 91 COMPREHENSIVE FORM Of Pittsburgh, PA IX) OVINED S 1 1000,000.00 CSL I?CI HIRED Each Occurrence fXI NON-OWNED EXCESS LIABI LITY I ) UMBRELLA FORM S 11 OTHER INSURANCE COVERAGE WORK ERS'COMPENSATION SELF INSJRED BY TE OF CAL FORNIA AND CERT. NO 1130 rINUOUS CO ERAGE Waiver of subrogation from Workers' Compensation Insurer. Additional Insured Endorsement: The insurer agrees to provide an endorsement to each policy shown above as follows (excluding worker's comp.) The Insurer agrees that the City of Huntington Beach and;ts City Council, and/or all City Council appointed groups. committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder. Such insurance is primary and not excess or contributing to any other insurance of the City of Huntington Beach. s�S3�:crt�-7•�.�-�.��;.r-__r._:.rs�.:-'...:-cn•_c2-.lsr�•S-Yrr.:Ccr.�..-a s-r r_:--••-•---._"-2.�3�-•-- ���^-���3 This certificate is inuod as a matter of information.This certificate is not an insurance policy and does cot amend.extend or slew the coverage afforded by the policies listed herein.Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the Insurance afforded by the policies described herein Is subject to all the terms, exclusions and conditions of such policies. Johnson & Higgins of PA, Inc. National.. Union Fire Insurance Company of Pittsburgh Agency or Brokers" Insurance Cnmpany PA 2600 One PPG Place, Pittsburgh, PA 15222 70 in Street, N York, NY 10270 A ►ess 71-22n c JL RnaAt^_ ��,nn e�i.Y"--f,?!%-- 1987 Name of Person to be Contacted Authorited Si nature Date (412) 391-5350 NOTE: Authoriaed signature may be the agents if agent het placed instrranco Telephone number through an agency agreement with the insurer. If insurance is brokwed, authurired signature must be that of an official of the insurance company. SEE REVERSE SIDE FOR HOLD HARMLESS AGREEMENT The City of Huntington Beach requiret by ordinance that a Certificate of Insurance be on file with us for the issuance of a permit or license;and that it be kept current for as long as that permit or license is in force. The certificate you now have on file with the City will expire on the date shown on bottom of mailing label. Please have your agent submit an updated Certificate of Insurance,on this form prior to this expiration date. Failure to comply may result in the cancellation of your permit or license and the closing down of your operation or event. This is the only notice of cancellation you will receive from the City of Huntington Beach, THE CITY OF HUNTINGTON BEACH MUST BE AN ADDITIONAL NAMED INSURED. All Certificates of Insurance should be mailed to the Insurance and Benefits Office, City of Huntington Beach, P. 0. Box 190, Hunting- ton Beach, California 92648. If you have any questions, ploase call this office at 536.5990. DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The undersigned Insured Contractor, 31 /California Car oration/ Other --�"—__..___�___�__.__r_ (� hereby agrees to defend, indemnify and hold harmless the City of Huntington Beach, its officers, employees and servants (hereinafter collectively referred to as City) from any and all loss, damage, cost, expense,liability, claims, demands or judgments arising directly or indirectly out of ilia work, project, event or other puipote for which the accompanying certificate of insurance hi'provided, regardless of Ilse active ar passive nature of any negligence by City except when such liability arises from the sole negligence or wrongful misconduct of the City.This agreement extends to cover the actions and omissions of third parties as well as those of the Insured Contractor (indemnitor) and the City (indemnitees). The legal defense required by this agreement shall be provided upon request by the City and at the sole expense of the Insured Contractor. Any costs of defense or attorneys' fees incurred by City in enforcing this agreement shall be reimbursed to City or may be awarde City by a tour f competent jurisdiction. SIGNED: By: Title: VICE PRESIDEl` r By: r Title: ASSISTAW SECRETARY If a Corporation, O�F`18 %ust sign; or, in the alternative, present satisfactory evidence of your authority to bind your Corporation. P I O V86 e CITY OF HUNTINGTON BEACH insurance& Benefits Division P. 0. Box 190 Huntington Beach, CA 92648 THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED STATE OF CALIFORNIA:' DEPARTMENT' OF INDUSTRIAL RELATIONS OFFICE OF THE- DIRECTOR NummFR - 1130 . r CERTIFICATE OF CONSENT TO SELF-INSURE THIS IS=TO CERTIFY, That.--.Suuy-mn-.,- t .CONTRACTING COMPANY _tai__PAIIr-QrP �._�4rP0raLti0R) -- has complied with-- the requirements of the Director of Industrialz Reldtions under the provisions of Sections 3700,to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Self-Insure. This i�ic�a#e may be revoked at any time for good cause shown." ErrnT[cTiV[, DE4PARTT OF INDUSTRIA LATIONS Qi HE STATE OF ALI RNIA THE 1$te DAY Or_S[�ra 713 DONALDI VIAL-4' o,.ccrw � t RICRARWS AUMSON`' -"- • lfevue. •tdficate.�"� certificate of.consent to self-insure may be revoked by the Directur of lndustrirl 11cl4tionj at any time for goad cause after a hearing. Cood cause includes, aurong other things, the Im r+irgue nt of the xrlvency of such employer. the irtrbility of tae employer to fulfill his obligations. or the practice by such employer or his agent in charge of the'ar�mintstratiun of ubin;atiuns under dais division of any of the following: fa) Ifabitually and as it matter of 04 practice and custom inducing claimants for comprru�ation to accept less dun the av,nrpeusatiun due or making it ijmvizary for them to rc3eFt to prtrccedings agga�inst tha employer to stxure the compensation due. (L) Uiuhrr►tiug his rorntu nsahun ubligations in a dnbomu t nanrKr. W Discharging his compensation gligations in such a trtAmwx as to cause injury to the public or thuu: dialing with lame." i Sictiun 3702 of I.abur Code.) 'rho Certificate testy be revoked for imip rs des Certificate No.drr, 048--E, c Wjessuedutto nSULLYs�st-MILL R'of CONTRACCTING COMPANY' = August 22, 1973 and . Certit' cate No. : U30i- on October.1■ 1967, OO/ORM A-4.10 rte --- '�'.1'a">-. - - .�C- ra - uw.wi.; uu- STATE OF CALIFORNIA COUNTY OF LW ANGELES ss _ On this I Rth--- day of Sqptember in the year 19 87. be'-are me, the undersigned, a Notary Public In and for said State, personally appeared -g-4Iden _ cowli- 'mot'«" _ personally known to me �,,.•i►h1�ara::F:•C; s ur+TeViiTF OeK�ti[�Xx?C1S70X�1QXi[ll9CG'?Car t.os�4�ur Kxn �Ke�i)to to the person who executed the m arnsSkW(M..Lm 2s, 199I within instrument on behalf of the Corporation therein named. and acknowledged to me that the Corporation executed It WITNESS my h;,nd and official sea! i M !Votary Public in and for said State 1 KIIA�wIEDG�E�t—roavaa—+lycors ire 'r;.0 i—�a. !1: C11WvK C,0T1S 1%c IpKew5%1 it ___�— --------•--__-._.�.__...___ ... _- __.. — ---- STATI: (71 (',\I.I F(1kNl \ QtKTuseru Cow[J.aim A I ��• 10MM PMIK-CALF"A A1`M COUNI.1'n1: LOS ANGELES I Los o aus%oiNTT tf1'it"tM04 I19 Art 23. 199, On this -18th d;r3 Septe*ep 87, before me, the Erndenir:aed Notar), Public, in and for the State, 1xrsonally aPlw:arttii udmeS O._Pittlnan --------__—_--_- a percon knot►n to me(OOaG>a7��YOckDc*lxzatRfdx:.?cocOtiX►�7Wt}6�cxkVGxXXO�t�tQC�, to be the person % ho cNecuted the %mitten instruni nt ;is Attorncy-in•Fact on behalf of the corrxir:Etion therein named and ackno%%Iedged to me that the corrvoration OWC111cct it. Gi%-cn under my hand and Notarial Scal this 18th (W of September A.U. 19 87 e' , Sly Commission Ex ire% June 23, 1991 r\'n1urs- huhlic•. HAM 116 I: 1_ PREMIUM: $1, 371 .00 SJ." itl )min sI'ftl:1'1' 11011 F: 111 F'11:F:, N EU Y011 k 1 IT'It'. N.). ( Fallhful 1'erforman(-e) , APPRO'"M AS TO FORM: GAIL liuuoii, City Attornoy DJ:, DuPuty City Attorney KNOW ALL. MEN 11Y 'fIIF:SF. I1RFSFNTS: That we, SULLY—FALLER CONTRACTING COMPANY as principal, and tha- SEAI10ARD SURETY CO11I'ANY. a cotpr)tation duly organizc.cl and doing business under and by virtu►- of the laws of the State of New fork, and duly licensed for the purpose of moking, guaranteeing or becoming, sole surety ulwan bonds of undertakings required of authorized by the laws of the said Stale, as Surely, are held and firmly lxaund unto, then City of Huntington Beach (hereinafter called the Obligee), intht• sumuf Two Hundred Thirty-Five Thousand Six Hundred Sixty-Eight and No - I)OI.I.ARS (s 235,668.00 for the payment whefeof well and truly to be made we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. firmly by these presents. THE. CONDITION OF THE. ABOVE OBLIGATION IS SUCH THAT, WIIE RF:AS. the above bounden principal has entered into a cnntf act dated 10 with the said City Of Huntington Beach to do and perform the following work to-wit: Reconstruction of Adams Avenue (CC-710) a copy of which cnntract is or may be attached herein and is hereby referred to and r+ade ,a part hereof. NOIA, THEREFORE:, if the above lk)unden principal shall well :and truly perform the wnfk contracted to be performed under said awract, then this obligation to be null and md; otherwise to remain in full force an,* effect. No right of action shali a;.ctue under this hone! In or for the use of any person tithe; than the said Obligee. SIGNED AND SEALED this..__. 1Bth__ _—day of___ September_ _..- A. D., 19-e7_. SULLY--MILLER CONTRACTING COMPANY BY� Jdhn 'A. Berton, Vice President SEABOARD SURE'PY: Y By - = /,,,,"'Janks Pittman Attornryin•Fact. l FORM 402 L• b M BOND Public Work — Colrlornia Cowernment Code BOND NO. _14166887 _ PREMIUM: INCLUDED I14 THE FAMFUL PERFU MANCE BOND 111111F; OFFICE, NEW 1'1111K CITY, N.I. LABOR AND NIATERIALS (Public Nark — California) APPHOYFD AS TO FORM: GAIL EIJI Toli, C1tY Attorney By:, Deputy (;I-t� Attorney KNOB' ALL MEN BY THESE: PRESENTS: That %V. SULLY—MMER CWTRACTING CCMPW2 as Principal, and the SEABOARD SURETY COMPANY, a corporation duly organized and doing business under and by virtue of thelawsof the State of New York, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or un- dertakings required or authorized by the laws of the said Slate, as Surety, are held and firmly bound unto any and all material- men, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring tears, or implements of machinery, for or contributing to said work to be dune, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claim has no@ been pJid by the contractor, company or corporation, in the just and full sun of One Hundred Seventeen Thousand Eight Hundred Thirty-Four and No/100 DOLLARS (5117,834.00---- ), for i4e payment whereof well and truly to be made, said PRINCIPAL, and SURETY bind themselves, their heirs, administra- tors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, WHEREAS, the above bounden PRINCIPAL has entered into a contract, dated IQ , with City of Huntington Beach to do and perform the following work, to wit: Reconstruction of Adams Avenue (CC-7i0) NOW, THEREFORE, if said Principal, his or its heirs, executors. administrators, successors or amigtns, shall fail to pay for any materials, provisions, provender or other supplies or teants, implements or machinery, used in,upon, for or about the performance of the work contracted to he done, or tot any work of labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to su.-h work or labor, as required by the provisions of Chapter 7,Tide 1 S. Part 4, Division i of the Civil Code, and provided that the claimant shall have complied with the provisions of said code, tite surety or sureties hereon will pay for the same in an amount not exceedinj the sum specified in this bond, otherwise the above obligation shall be void. in case suit is brought upon this band the sai surety tar sureties will pay a reasonable attorney's fee to be fixed by the court. This bond shall insure to the benefit of any and all persons, coinpanies or corporations entitled to file claims under Section 3181 of the Civil Cods, so as to give a right of action to them or their assigns in any suit brought upon this bond. .+ SiGNED AND SEALED this_ 18th day of September T A.D., 19 87 . . iTr.f.Y-mT-r.r.ER-CMMACTTMr. MURAtaY B yG~. John A. Berton, Vice President SEABOARD SORETY COMPPiNy- By J s Pittma Attomey-in-Fact FOAM 4Ct 5/14 STATE OF CALIF'ORNIA J C"10AL SIAL J C0f9 J.r>a=A B'».YKXIiD CO U NT Y O1= LOS ANGEL ES 1 LOS ANGMS WTV CQMUM f xP.AM 23. 1"1 On this .lath clay Septembet}987 , before rite, the undersigned Notary Public, in and for the State, personally f appeared -James 0. Pittman a person known to mr(?SixJ�i�c2f�t?cKaX��iXOt<XK�tysx> tiK�G�tthtD�.�¢atkfmtre), to be the person who executed the written instrument a.S Attorne •-in-fact on behalf of the cos' 1� y � oration therein named and acknowledged tn that the corporation executed it. Given under my hand and Notarial Seal this 18th day cif September A.D. 19 87 My Commission Expires � ����� '•...� June 23, 1991 �'Votary Public. rOW01 11n R F: STATE OF CALIFORNIA J ~�� ss. COUNTY OF LOS ANGELES On this 18th _ day of S—eptember In the year 19 87 . before me, the undersigned, a Notary Public in and for said State, personally appeared John A. BertQnr 1 "ce Presidents V►iU11 SEA: .:� CLWI , cu;,cKA — personally known to me `y f 4)TAAt cMIC rA;atcscrA (ox, *X4MM XXXXXAIKlMVKMmMX&KO9?SQQ) to be the person who executed the �-- tag A+.xtt:s ca Hr� m catra^s�a tip a;s ?�. rsrol within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. T WITNESS my hand and official seal Notary Public in and for said State. Y.,[tON1EJ4YEAT-Cat/ita+-Nrcon,Imp 222C+►�-Mn 1112 St W0"CoT S INC I"CWu6ji GG 9 R07 Cefllited Copy SEAB A _CO ANY NY No. 1815 ADMINISTRATIVE DFFICES, BEDMINSTER, NEW JERSEY POWER of ATToN N EY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York, Fa; made, constituted and appointed and by these presents does make, constitute and appoint R. K . MacGregor or James 0. Pittman of Long Beach, California its true and lawful Attorney-in-Fact,to make,er.ecute and deliver on Its behalf Insurance policies,surely bon s,undertakings and other instruments of similar nature as follows. Unlimited in amount , but restricted to bonds for Sully-Miller Contracting Company and/or Southern Pacific Milling Company, Inc. and/or South Coast Asphalt Products Company , Inc . Such insurance policies. surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers o! the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th. 1927. with Amendments to and including January 15, 1982 and are still in full force and effect. ARTICLE VII. SECTION 1. -Policies.bonds,recognUsnces.stipulations. consents of surety,underwriling underiskings and Instruments relating thereto. Insurance poltcies.bOnds re+eeGrizanees.st,pulati0's cons►rnaofsuretyandunderwntingur.dertabingioftheCompany.,lndreleases agreementsandniner i writings rcia:rng in any rvay therpre or to way c!a'm or loss thereunder, shall t,e signed In the name ana on behalf of the Company (a) ay the Cnairrrlan a!the EciarO tie President a Vice-President or a Resident Vrce•Presicient and by the SeCretary,an Assisrant Secretary,a Resident Secretary or a Resident Assistant 5-rcretary -or ibl ,)y an Altornay-in-Fact lot We Company appomted and outnonien by the Ctha,rmar.of the Board.the President or a V+ce-President to mail r sue.h sognaiure. u, (c) by such other officers or representatives as tar board may frarr erne to tfrre dotermne The seal of tab Company shall it appropriate ba affixed thereto by any such officer Attorney•;n-Fact or revresentatii e IN WITNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to he signed tier one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly allestc d by one of its Assistant Secretaries, this 12 th day of June . , t986 Attest SEABOARD SURETY COMPANY, '= 1911 , By -' Ass+sLara V e-President STATE'OF NEW JERSEY ss COUNTY OF SOMERSET On this . , 12th.. day of June , 19 Sr. , before me personally appeared Michael B . Keegan _ a Vice-President o! SEAGCARD SURETY COMPANY, with whore I am personally acquainted, who, being by me duly sworn, said that he resides in the S;a!e nt New . Jersey.. ; that he is a `Dice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument.that he knows the corporate seal of the said Company;that the seat affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-P-esident of said Company oy like authority. p,kTRICIA L. L.ERNING A Notiry t'udlic )f New Jet--01 r M) Cort+ iitn rlirirs Atiy :5, 1987(Seal) r '�" rr.• /- -•� ,_.� / . Nolarlt PuDt c C E R T I F I C A T E 1,Ihtt urlde►ylgned.Assistant Secretary of SEABOAnD SURETY COMPANY eo herenycertily itiat the original Power of Attorney 9t whtc,>the foregumg i., a tull true and corrpct copy,is in furl IttrCe anti effect on tt.c date of tha Certrlicr to and I do funner cwtify that the Vice-Of efficient who exeeutcn:the said Power of attorney was one of the Officer;authonzeh by tntA Huard Of D11 ecfors to anpn:nt an attorney-in-fact as prerioeri in Article VII. Section r. of trio By-Labs of SEAP.OARD SURETY COMPANY Thy Certtfieale may be Signed and seaie*by tics+moe under and by ruthphty Ot the 10110w1ng rRSolutfon of the Executive Committee at the©oard of Directors of SEABOARD SURETY C07.1PANY at a rneeimirf duly uUieci;,no held on IN 251te day of March 1950 "RESOLVED (:l That the use of a proMe; lacsimrle of the co►putats seal of the Cumpany and of the signature ,f an Assis!ani Secretary on any ctrr,hrat.on of!re correcincss of a copy of.In instrument e■ecated by the President or a Vice-Pressde nt pursuant to Article VII,Section 1,of the By-Laws appointing and authonzmg an aitnmey-tn-fact to s.gn in the name and 0%. behalf of the Company surety bomis. .olderintr,ting undert3kR14; or other instruments described to said Amcle VII Section 1 with like effect as if such seal dad such l,gnature mat: teen manually affixed and made. hereby is authorrz"and apptoreC !y WITNESS WHEREOF, I have hereunto set my hared and affixed the corporate seal of the Company to these presents this ��w••►, 16th day of September. .. . , 19. S7 . w c• � t' 1911 .=�, AlS-slap!S9Crc'Ary �ti�l Fir.^, 157:Hari i^,.t1 y