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HomeMy WebLinkAboutSULLY-MILLER CONTRACTING COMPANY - 1987-12-14 CITY OF HUNTING'ti'ON BEACH ' INTER-DEPARTMENT COMMUNICATION Hxn.nVGmn aACH Tu ROBERT J. FRANZ From ACCOUNTING h RECORDS Deputy City Administrator SuLiect t0% RE,TEgION Date �T CC 1 S� o - oti._I 9-2-7 -TT The conformed , cpy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed. Payment of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on fife with the City. bl_� _ap�� AN T. V LELLA Director of Finance I certif.. that no stop notices are an file on the subject contract at this time. Date: LES EVANS Acting Public. Works Director I certify that no stop notices are on file on the subject contract and that a guaranty butid has been filed. Date: ALICIA WENTWORTH City Clerk I certify that there are r,o outstanding Invoices on file. Dater DONALD WATSON City Treasurer -1574 J DECLARATION OF SATISFACTION OF CLAIMS SULLY-MILLER CONTRACTING COMPANY, s to to : ( Name oo^'Contractor 1 . I am the general contactor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled �'oGDE.✓ Lf/Es7'.ST.PEF'T _7/S' and datedn/eii��y 20, /988 2 . All workers and persons employed , all firms supplying materia. F , and all subcontractors for the abova-mentioned project have been paid in full . 3 . The following are either disputed claims , or items in connection with Notices to Withhold.. which have been filed under the provisions of the statutes of the State of Ca:-. ifotnia : ( if none , state "NONE" ) Ne Mi5 I declare under penalty of perjury that the foregoing is true and correct. 6143 SWIM LANYON s'I AD Executed at ORANGE, CALIF. 92669 on this ��?- day of . Y Sig-nature of Contractor ) + J. D. Blair Assistant Secretary EXHIBIT V-D City of Huntington Beach Department of Public Works P. O. Box 190 Huntington Beach, California 92648 At-antion: Subjeci. : Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned , contractor on C.As!¢ 6oV7R4a7- ' * 7/.5- GOLDEN �EST,S}�EE-T Project No . Title hereby certifies that all laborers , mechanics, apprentices , trainees , watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work performed by each such laborer, mechanic , apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid . Signature and Title . A. 1f4e'_L_ J. D. Blair Assistant Secretary i �;I n �>t HUN11r�G1�uN BtA(;�, C ' _I Rk 1► FI �'_ t:� (:GADS Office 0 tilt" City Clerk r1. 0. [lox 190 -3119 PM APR ('_I 2_ '80 kliJn►1n►•fUr NOTICE Of' COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the Ci ty Cnunci l c•f the City of Huntington Beach, California to -___SULLY MILLER CONIPACTING CO14PANY� 6145 Santiago Canyon Road, P. 0. Box 432, Orange, CA 92666____� who was the company thereon for doing the fallowing work to-wit: asphalt repair and resurfacing of Goldenwest Street between Warner and McFadden Avenues, Project CC-715, in the City of Huntington Beach, CA. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on April 18, 1988 That upon said contract the SEABOARD SURETY COMPANY was surety for the bond given by the said company as required by law. Dated at Hur►:ington Beach, California, this 20th day of Apri1 1988 . Alicia M. Wentworth City Clerk and ex-ot- iclo Clerk of the City Council of the City of Huntington St:dch, California STATE OF CALIFORNIA ) BY County of Orange ) ss : eputy 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 COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this loth day of April 1988 . This document is solely for the official business of the City of Huntington Aeach, as conteJa- Alicia M. Wentworth plated under Covernmvnt Code City Clerk and ex-officio Clerk of the City Council of the City Sec. 6103 and should be recorded free of charge. of Huntington Beach, California BY �� C C---� _. Oep ty t�(a O QIQIQTO: Cr '15 t•�'4`, '' t •. V N F with OriSir.� EXEMPT ,�z'�.•��" `t"M NotC i.t t 1 HUNTINGTON H ACH C 7. Office• of the City Clerk a 11. 0. (k,s 14U lliintai►•I�r, H•. h lall y;haN 401tC OF COMPLETION NOTICE IS IIFRFBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to —_SULLY MILLER C04TRACTING COMPANY _6145 Santiago Canyon 'toad, P. 0. Box 432, Orange,_CA �• who was the company thereon for doing the folluwirig work to-Wit: asphalt repair and resurfacing of Goldenwest street between Warner and McFadden Avenues, Project CC-715, in :he City of 11-intington Beach, CA. p n IJrE COU 1TY CR FC R OF PM APR 2 2 '33 A�A // Co'u►rry r ` 4 c.• 'r •�G/L. 14ECOACFP That said work was completed by said company according to plans and specifications and t) the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntingtor. Beach it a regular meeting thereof held on April 18, 191I8 That upon said contract the SEABOAPD SURETY COMPANY wns surety for the bond given oy the said company as required by law. Dated dt Huntington Beach, California, this __Zqi day of Alicia M Wentworth City Clerk and ex-cifficio Clerk of the City Council of the City of Huntingten Beach, California STATE OF CALIFORNIA j BY County of Orange ) ss: ,� 115eputy City of Huntington Beach j I. ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officici Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE JF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded fn the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this _ 20th day of _ April 1988 . this document is solely for the ettiolnl business of the Clay it Huntington Bench, Pis contem- Alicia M. Wentworth plated ►uiJer Government Code City MR mind ex-officio GTe � Sec. 41U." and sh•okld be recorded of the Cit7 Council of the City f f,% Of ebnrRe. of Huntington Beach, California a SEABOARD SURETY cbmPANY HOME OFFICE: NEW YORK. N. Y. itt)t�1► ►;r,, 14191288 MAINT117A141' 110111) KNOW AL1. MEN BY TIIESF PRESENTS: That we, _ SULLY-MILLER CONTRACTING COMPANY hereinafter called the Principal , and SEABOARD SUI(ETY -:OMPANY, a New fork corporation, with principal office at New York, New York, hereinafter called the Surety. are firmly hound unto tit(, _City of Huritincton Beach in Lite full and just sum of Two Hundred Eighty-Nine Thousand Six Hundred ,cuxteen_and_Q4.�1QQ DOLLARS (1299,616.00-----) lawful money of the United St:jtes of America , to he paid to Lite :,aid .C,Lt.Y of Nun-tiIIgton Beach to which i')ayment well and truly to be made:, we bind ourselves, our heirs executors, Administrators, and successors, Jotntly and severally, firmly by these presents. Sealed with our seals and dated thfs 5th clay of January , 1988 . WIIEREAS, the above-hounded Pr f net+p,►l entered into a contract with the City of Huntington Beach dated January 5, 1988 _ for Repair and Resurfacing of Goldenwest Street between Warner Avenue and McFadden Avenue (CC-715 ) NOW, THEREFORE, t1:? condition of this obligation is such that if the above-bounded Principal shall remedy without cost to the said City Of Huntington Beach any defects t-'rich may develop during a period of one (1) year from Lite data cif completion and acceptance of the work performed under said contract provided such defects are caused by de- fective or inferior ma.erials or workmanship , then this obligation shall be void; otherwise it shall be and remain in full forve and effect. 11.11 WITNESS MirREOF, the sa fd 1'r.nr 1pa I aivi Surety have duly ere- cutea this bond under weal the day and year Above written . ATTEST: PR1 ti'CIPA1.: John A, ' Berton , Vice Pi,esi ent SEAIOARI\SURE'rY COMPANY WITNESS: ------ John( Clertvnte, Attorney-in-Fact G P i. 1 • ' :- rues. STATE OF CALIFORNIA ss. COUNTY OF Los Aogel es On this 5th day of January in the year 1988 , before rne. the undersignec a Notary Public in and for said State, personally appeared John A. Berton, Vice President---------------------- (IFC-U SIA + ------------------------------------_, personally known to me crr"nr J WLMA { Nor..arvtsuc CA.Lo ak log)pcaalaltvCtisCO�'tcaK `��aQK1Z�1ta9�2tWiticviceQ to be the person Who execulod the I LOSVak[5t:UNt�► within instrument on behalf of the Corporation therein named, and acknowledged to me that tiff MINIM"[IV JIM 2!. 1991 the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State ►Cxb0�1tEDGYE\T—Ca�vtlw+ •hac�tls fyn 7:7fJ, ,_cn 5 Si CM?#ktCo"s A: Irce ca:c 121 57ATC: car I I R N I A a►,aAt s<K � uaaE � tura.� •• t i- �IK7TuriPtDtK-t:�l�oM� «KOCKXM MLIN'1.1' nl: LOS ANGELES ) �` '' tosr,7OIt5CMINTY M ccr"S"EXP Jim 23, 1991 On this 5th dayJanuary_ 1t) 88 , Ikfore tile, the undersigned Not..ry I'uhlic, in and for the State, Ixrsonally appeared _ tome (J(tfwtrol4?tlKttNf}iJ(�lalQ?C�fXUiix)OXfCxkklCltxxxf0.d1tD�7C)� to be the rcr%on %%ho ev-etited the %%ritten inNtruntent as on behalf of the rori,orttioll therein nattted and acknoaledj;cJ !r file rltat the corix)ration eye uted it. Given under rn)• hand and Notarial Sea! this it I day of January A.D. 19 88 My Commissiaw Lrpires ' June 23, 1991 \nlcrry Public•. tOIN IIt, trx: TT 9701 Certlfted Copy SEABOARD SVRM,,CDMFANY ►lot 190 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, t:as made, constituted and appointed and by these presents does make, constitute and appoint James 0. Pittman or J .L. O' Neal or T. H. Douglas or Ronald Davis or John Clemente of dpnn, A t ac y' �a }forgnia policies, 9 its true an aw I t orne In- ac , o ma e,execute and deliver on its behalf insurance suretybonds,undertakings and other instruments of similar nature as follows Limited to the amount of $2 , 500 ,000 for the bonds executed on behalf of 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 name extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are t•ereby 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 tsth 1927. with Amendments to and including Jamiary 15, 1982 and are still in full force and effect: ARTICLE VII SECTION 1 -Policies,bonds, recognUantes,stipulations,consents of surety, underwriting undertakings and Instruments relating thwelo. Insurance policies Dcnds.recognrrance•s snpulatuins.consenisof surety anct underwriting undertakings ot the Comnany,and releases,agreemenis and other writings rpl3ting in any way thereto or to any claim or ljss thereunder snail be signed in the name and on behalf of the Company fat by the Cnairmanal the Board the Presiaen!.a Vice-President or a Resident Vice-Presrdentand by the Secrt vary.an Assistant Secretary a Resident Secretary or a REsident Assist int Secretary. or Ibr by an Atto►ney-in-Fact for tha Company appointed and autnort;ed by the Chairman of the Boa►d. the Pies dent or a Vise-Presia,ent to na•t-such signature or 1cf by such other oifice►s or representanoes as the Board may from time to time dele•mlne Tm seal of the Company shall if apotocn:ate to affi,tea thereto by any such offrct-i. Attorney-in-Fact or represents ive IN WITNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to be signed by ont. of its Vice- Presidents, and its corporate seal to be hereunto affixed And duly attestea by one of its Assistant Secretaries, this . 30th day of May. . 19 86 •o�yt'rr. • °, Attest: SEABOARD SURETY COMPANY. . y `r' ~) (Seal) ?Ua. � • &tit) BY Assistant Sr►rreta,y Vice-President STATE OF NEW JERSEY ss COUNTY OF SOMERSET • On this 3 0 th, day, of May 19 8 6 before me personally appeared Michael H . Keegan a Vice-President of SEABOARD SURETY COMPANY. with whom I am personally acquainted, who, being by men duly sworn, said that he resides in the State of .. .New Jersey that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing instrument:that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; trial it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of t' said Company by like authority FELICE M. C.%T%.L, N0 f;.iaRY PUgIIC OF li lI FY (Seal) h!ir C:l:rtris.i,jn EAp. lane �, 1 y.l - • . �' - r' —`� Notary Public C E R T I F I C A T E I.tnrlurcers.yned Ass star,;S: .retaryofSEaf30AnD suRETYCOMPAravdohereby certify that the original PowerO!Altorney,itNnicnthe foregoing r5 a tall,trueanucorrect cope,is,n lull frrce.+ndr-(feeton and Idofurthe.•rcertify that the Vice-Preiidentwh^e.cw w-dtNesoldPrwrbrof Alto►nCy*as ine of trip Officers authorized n/ the Howti of ()rt-ClorS to.lppilrnt an attornry n-fact as provided in Ankle VII, ae:,.on 1, *if the By-Laws of SEABOARD SUnETY COtrPANY This Certificate may txa signed and Sealed by ficsrrnile under and by authority of the following reoolution of the Executive::ommrttee of the Boafd of Drroc:tors of SEABOARD SURE'tY COMPANY al a mnetrnq duly calleo and Mild an the 25th day of March 1970 RESOLVED 12) That th,• use of a printed facsimile of the corporate seal of the Company and of the signature:of an Assistant Secretary on any cerlrfrcdhon of the correctness of a copy of an instrument executed by the Pr►+stdent or a Vice-President pursuant to Article VII,Sectlor. 1,of the By-Laws appointor; .»d authorizing an Artniney-in-fact to sign in the name and on behalf of t're Compary surety bonds, underwriting undertakings or other Inslrumen!; rnescrdkri in ta-d Article VII Sectrun i with like effect as if such set: and such signature had been manually allrred and made, hereby is authorized and approved ' IN WITNESS WHEREOF I have hereunto set my hand and affixed the corporate seal of�he Company to these presents this o�o•er, nth day of . January t�... .. 5 tant sect CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SULLY-MILLER,-CONTRACTING CO. FOR THE REPAIR AND RESURFACING OF GOLDENWEST STREET_ BETWEEN WARNER AVENUE AND � '[?ADIIEN AVENUE (CC-71.5 ) THIS AGREEMENT is made and entered into on this day of ,VL4t jar , 1988 , by and between the CITY OF HUNTINGTON BEACH , a municipal torpor-ition of the State of California , hereinafter referred to as "CITY, " and SULLY-14ILLER CONTRACTING CO. , a California Corporation , hereinafter referred to as "CONTRACTOR . " WHEREAS, CITY has solicited bids for a public works project , hereinafter referred to as "PROJECT , " more fully described as the repair and resurfacing of Goldenwest Street between Warner Avenue and McFadd( n Avenue in the City of Huntington Beach; and CONTRACTOR has been selected and :s to perform said work , NOW, THEREFORE , in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1 . STATEMENT OF WORK ; ACCEPTANCE OF RISE CONTRACTOR shall furnish , at its own expense , all labor , plans , tools , equipment , supplies , transportation , utilities and all other items , :services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR algrees to assume the risk of all loss or damage arisinc uut of tine nature of the. PROJECT, during ' ts progress or prior to acceptance , from the action of the elements , from any unforeseen difficulties which may arise or be encountered in the prosecution of work , and for all other risks of any -1- 0 description connected with the work , including , but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work , except such as are herein: expressly stipulated to be borne by CITY , and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement , and in accordance with the requirements of CITi under them for the compensation set forth in the accepted bid prol.)osal . However , the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed , in accordance with the stipulated prices named in the Bid Sheet( s ) . 2 . ACCEPTANCE OF CONDITIONS OF WORK ; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms , conditions and obligations of this Agreement and t;ie Contract- Documents (as hereinafter defined ) , the location of the job site , and the conditions under which the work is to by performed , and that it enters into this Agreement based upon its in%,estigation of all such matters and is relying in no way upon any opinions or representations of CITY . It is agreed tha': the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein , and that CONTRACTOR dnd its subcontractors , if any , shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly , to the work covered by this Agreement . -2- • 0 "Contract Documents" as defined herein mean and include : A . This Agreement; B . Bonds covering the work herein agreed upon; C . The CITY 'S standard Plans and Specifications and special contractual provisions , including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions , amendments or addenda thereto; D . The 1985 edition of Standard Specifications for Public Woks Construction, published by Builder ' s Mews , Inc . , 3055 Overland Avenue, Los Angeles , California 90034 , and all amendments thereto , written and promulgated by the Southern California chapter of the American Public Worlds Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee ; E Bid documents including the Notice Inviting Bids , the Special Instructions to Biddors and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; F . The particular- plans, specifications , special provisions and addenda r.pplicable to the PROJECT . Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications , shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans , specifications, spec:: provisions, or addenda , the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY ( hereinafter referred to as "DPW" ) , without wh4zr, decision -3- said discrep-p.ncy shall not he adjusted by CONTRACTOR , save only its own risk and expense . Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith . 3 . COMPENSATION C11TY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement , subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents , a suin of Two Hundred Eighty Nine Thousand Six Hundred Sixteen and no/100 Dollars ($289 , 616 . 00 ) , as set forth in the Contract Documents , to be paid as provided for in Sections 11 61 13 and 14 herein . 4 . COMMCNCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten ( 10 ) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within sixty ( 60 ) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein . 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the assence in the performance of th.i. Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare 3r,d obtain approval as required -4- o! '�;, ,(_: , :,:. . it , . . ,; . !I(: r t !: . :. , r, . c• . . ,, r ; "s:.c; . n'. . `:�'rL �, ; t � �. �: .. i .!. C'(??ii. r -tUr .; r111(.' ( _ i �•. �) � �•,, '.iC' I" C, 1:. t_ fi!' :'. �_ . , : 1: •., :::i;f: f . !.i3 ., v�: i r1"l . n !Tlt'"C: Iri i":: . UL' ( ? f_ iGn o; !. �: .!� t. . ': :.' >E t CjrI-,,e :.�t1(: f h C'r i o: , t" rC: (� i ;)i L:f_': + t. . 1;,t 1 a ri c or d e r 1 117, ':•r)l�rl,�'•�i ..i./i, :.; '.cl i��1t:� f �� :. . ,' Lit .. .I �_?.�: i ' ? r... _lr. . � �t_cr. C: 'n 1i t-2S3`- a C.!iiC1U C11E'r�'iC(i1'. �i'u'. ::,.irP'k, ����'i':'i,'AC•T0P i(Ire(1, to m,:►: � dI1 art : tQ r : a �r:(i F � .. c)rr-., a . 'n'C>rK nt�[ r:iS,; : •� : Cr: _ :i : t��' :.;C�l� t.' J :. !_tiE t�}';U.. ,L. . a the DPW reyt: ir I k'r _ r. 1r; J::(i+ t_ , ,31•1a11 C01dTPACT0 r,iak : any changes w i c huut. t h w r : L t n c)r- Lie hc., DP►;' , aI)d C I I"i shall ac)� pay any extra charges made_ u; convr ?AC OR tt,at have riot beef: acreed u,,,on in 'err1tin( bl' the DPV. . When directed to cniinge t- he work , COr4'rW,C'r0R shall :submit immediately to the DPI, a written cost proposal reflecting the effect of the chancie . Should the DPW not agree to such cost -5- r olit p p, C) re r, r. t i n t2 r t 'Y Q t a I Li than to Orde[ j r U a r c,i 71C 7 P P t2 ,- erfor,muc or t 7 (.1 Q C, v 1:2 i t c e r i -.I r n a a I I-I b 1 1 i t o,,, t ht2 i--°r f C)r m- d r ov(.,(i by �j-I L:t-- A r 2 r,r r % in.IL: t r r,e t? t j i i if-,r n L r) t Ih t2 contract. c:r i c e 0 ul :1 r e r r -) r in a n c.,(-, ol. f: c I e r r ;-.i a n cc: fur r.e r 1 o d of cane ear a t t- r C ':Yf S a C' I C C' t h e r e o t , and o ri e In t h e amount of f i f ty percent 5 O!k ) of u n L r-a c t p r t u a r I a i t e e payment a i Ms, 1:o r -i b o r Inc.: in a L e r i a I s tarnished . 9 . WARRMITIES The Coli-rRACTOR unconditionally guarartees all work done under this Agreement including , but not limited to ,, any workmanship, installation , fabrication , material or structural faci l it. its coast ructUd . CONTRACTOR, within ten ( 1.0 ) day.3 after notice_ by CITY o1 any nefe%: t• in the work , shall have the option to make appropriate relrilrs or replace the defective item or items . Upon expiration of such ter: ( .10 ) day period , CITY may then make appropriate repair or rel.i_acement :iL CONIL RAC OR ' S risk and expense . 10 . INDEPENDENT CotiTRAC':'UR It is under:>tooa and agreed that the COt,TRAC:'OR is, and shall be , acting at all tirnes hereunder as an independent contractor aria riot as c n eml: loyee of C:I 'iY . COI:TuACTOR shall :secure , at its expense, and be responsible `or any and :.ii payment of incnme tax , soci -11 secur i t , state disability insurance, comp :nsatron , unemployment compensation and other payroll deduct : ons for CONTRACTOR liria its officers , a(tients and employees , and all n�isiness licenses , i any , in connection with the PROJECT . . ? . L I, Ll ' W)TED DAMAGES/DELAYS It is agrEed by the pantie: heretrJ that in case the total work called for hereunder is not in all parts and requitement. s finished or completer_: within, they number of calendar days as set forth in Section 4 herein , damagje will bry sustained by CITY; and ti,at i *: .s , ar.6, would be , impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is , therefore , agreed that. CONTRACTOR will pay to CITY , as liquidated damages and not as a penalty , the sum of Three Iiundred and nu/100 Dollars ( $300 . 00 ) per day for each and every working day ' s delay in completing the work in excess of the number of working/calendar -7- 1 days set forth in Section 4 herein , which sum represents a reasonable endeavor by the parties hereto to estimate a fair cowipensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agree,.-, to pay said damages herein provided , and further agrees that CITY may deduct the amount thereof from any movie: dui: cr the t may become due to CONTRACTOR hereunder . COt: r,'RACTQP will be granted an extension of time and will not be assessed damages for any portion of the delay in completion cif the work clue to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR , including , but not restricted to , acts of: God or of the public enemy , fire , floods , epidemics , quarantine restrictions , strikes, unsuitable weather , or dela s of subcontrai-tors due to such causes . CONTRACTOP, shall , within fifteen ( 15 ) days from the beginning of any such delay (unless the DP►ti' shall grant a further periad of time prior to the date of final settlement of the � 1.greement ) , nut i ty the DPW in writing of the caus�� of the delay ant CITY shall extend the time for completing the work if , in its judgment , the tindings of fact thereo►; justify the delay; and the decision of the DP:ti shall be conciusivn can the parties hereto . Should CONTRACTOR be delayed in the prosecution or completion of the work by the act , neglect or default of CITY , or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY , or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible , or by the combined action of the workers , in nowise -8- caused by or resulting from default or collusion on the part of CONTRACTOR, or in the everit of a lockout by CITY , then the time herein fixed for Lhe completion of the wcrk shall be extended by the number of days the CONTRACTOR has thus been delayed , but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen ( 15 ) days of the commencement of such delay . No claims for additional compensation or damages for delays , irrespective of the cause thereof , and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors , will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS ( 1 ) Notice The CONTRACTOR shall promptly , and before such conditions area disturbed , notify the DPW in writing of : ( a ) Subsurface or latent physical conditions at the job site differing materially from those: indicated in this Agreement or the:: Contract Documents ; or , ( b) Unknown physical conditions at the job site , of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement , whether or not changed as a result of such conditions , an equitable adjustment shall be made and the -9- Agreement modified in writing accordingly; ( 2 ) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder , provided , however , the time prescribed therefor may be extended by CITY . 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment: . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT , in accordance with the plans and specifications . Upon completion of the PROJECT , if the actual quantities used are either more than or less than the quantities listed in the bid schedule , the bid price shall prevail subject to the provisions of this Section . The DPW may , at its sole discretion , when warranted by the facts and circumstances , order an equitable adjustment , upwards or downwards , in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule . No claim by CONTRACTOR for an equitable adjustment: in price or time for completion shall be allowed if asserted after final tyment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion , the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of -10- the work performed by CONTRACTOR and the value thereof . From each progress estimate , ten percent ( 10% ) will be deducted and retained by CITY and the remainder , less the amount of all previous payments since commencement of the Mork , will be paid to CONTRACTOR . When CONTRACTOR has , in the judgment of the DPW, faithfully executed fifty percent ( 50% ) or more of the value of the work as determined from the bid schedule , and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR mLy be paid such sum as will bring the payments of each month up to one hundred percent ( 100% ) of the value of the work completed since the commencement of the PROJECT , as determined by DPW, less all previous payments and less all previous retained amounts . The final payment , if unencumbered , or any part thereof unencumbered , shall be made thirty-five (35 ) days after the acceptance of the work and the filing of a Notice of Completion by CITY . Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signet] by the DPWI affirming that the word: for which payment is demanded has been performed in accordance with t•he term!- of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an ,acceptance of any part of the work . 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest , if any thereon , -11- CITY shall permit: the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement . S 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the c--ji.., .•t. ion of: the work contemplated by this Agreement , CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed , all films supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claim; outstanding against PROJECT for either labor or material , except -ertain items , if any , to be set forth in an affidavit covering disputed claims , or items in connection with Notices to Withhold which have been filed under the provisions o: the statutes of the State of California . 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR or the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION , DEFENSE , HOLD HARMLESS CONTRACTOR hereby agrees 'Co pr ')tect , defend , indemnify and hold and save harmless CITY , its officers , agents and employees against any and all liability, claims , judgments , costs and demands , however caused , including those resulting from death or injury to CONTRACTOR ' S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR , or out of the operations conducted by CONTRACTOR, including those arising from the passive concu-rent negligence of CITY , but save and except those which arise out of -12- 0 � the active concurrent negligence , sole negli(jencE , or the sole willful miscondact of CITY . CON'. RACT011 will conduct all defense at its sole cost and expense . Any costs of defense or attorney ' s fees incurred by ;: I'i'Y i:. enf:orciny this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of c )rn.petent jurisdiction as costs pursuant to California Code of Civil Procedure 5 1021 . i° . WORKERS ' COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861 , CONTRACTOR acknowledges awareness of Section 3700 et seq . of said code, Which requires every emplo_.►er to he insured against liability for workers ' compensation ; CONTRACTOR covenants that it will comply with such provisions prior to commencing; performance of the work hereunder . CONTRACTOR shah mainta . n such Workers ' Compensation Insurance in an amount of not less than One-hundred Thousand Dollars ( $100 , 000 ) , at all titles incident hereto , in forms and underwritten by insurance companies satisfactory to CI'PY ; and CONTRACTOR shall . prior to c---)mmencing performance of the work hereunder , furnish to CITY , on a form approved by the City Attorney , a certificate evidencing such insurance ; said certificate shall include a provision that the insurer shall notify CITY at least thirty ( 30 ) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty ( 30 ) days prior to any cancellation or modification of such policy . Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR -13- 11 under Section 14 of this Agreement . CONTRACTOR zhall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' emoloyees . CONTRt%CTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation . 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto , on all operations to he performed hereunder , bodily injury and property damage liability insurance poiic:.es including automotive bodily injury damage liability insurance , underwritten by insurance companies in forms satisfactory to CITY for all operations , subcontract work , contractual obligations , product or completed operations and all owned vehicles and non-owned vehicles . Said insurance policies shall name the CITY. , its officers , agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement , in an amount of not less than one million dollars ( $1 , 000 , 0000 ) combined single limit coverage . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same . Before CONTRACTOR performs any work at , or prepares or delivers materials to the site of construction , CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of -14- the City Attorney evidencing the foregoing insurance coverajes ; said cer t if irate:, sha1 1 provi de the name and poI icy numLer of each carrier and policy , and shall state that the polic,;1 is currently ir. force and will not be cancelled without thirty ( 30 ) days written notice to CITY . CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is full;: completed and accepted by CITY . The requirement for carrying the :.oreyoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its representative shall at all times havE the right to demand the c:riginal or a copy of all said volicieo of insurance . CONTRACTOR shall pay , in a prompt anc timely manner , the premiums on all insurance hereinabove required . 21 . DEFAULT' AND TERMINATION If: CONTRACTOR fails or refuses to prosecute the work hereunder with diligence , or fails to complete the work within the time specified, or is ao_iudgeci a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent , or violates any provision of this Agreement or the Contract Documents , CITY may give notice in writing of its intention to terminate this Agreement . Unles!3 the violation is cured within ten ( 10 ) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that I'A me . Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in -15- which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR . 22 . DISPOSITION OF PLANS , ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder , "r uDor, earlier termination of this Agreement , all original flans , specifications , drawings , reports , calculations , maps and ..)ther docui::ents pertaining to this Agreement shall be delivered to CITY and become iLs sole property at no further cost . 23 . NON-ASSIGNABILITY CONTRACTOR snall not s-�l .l , a- sign , transfer , convey or encumber this Agreement , or an , -_,art hereof , or any right or duty created herein, without the prior written ccnsent of CITY and the surety . 24 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official noz any regular CITY employed in the work. performed pur:-,uant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement ire violation of California Government Code Sections 1090 et seq . 25 . ATTORNEY ' S FEES if any action of law cr in equity becomes necessary to enforce or interpret- the terms of this Agreement , the prevailing party shall be entitled to reasonable attorney ' s fees, costs , and necessary disbursements in addition to any other reliefro which that party may be entitled . If any action is brou-ght against CONTRACTOR or any subcontractor to enforce a Stop Notice or Notice -15- AM AM to Withhold Which name:, CITY <,:; a Part to sai (: action or c,y reason of wh_ c h C1 :" incur , f2Ypen:3c_rs , 1: 1 'I"i :'hill be entitles tt) adin_ nistrativt! and attorney ' :. t, l ; , cost :. and necrswary di4t�ur �e:ntrnt:s arisin(j out ui thl•-, of saki Stop ",otices , Not ice3 tc) ►tiithhoId , cr any :; imi lar legcii d(�'cument necessary tri thl' irO: -,CL:t . ore at C'tI h. CiCtic):; • Saic ut; li �:l t_ ir-)n ::h all ric I.rovidec for ir: the Iat)oi and fnateriuls payment bond rec.ui re•c (70N '1;ACTcI, Cii": ma cr,ar (jt_- an ac.rnir► ; .;tra~ : . �_ fey o one-nttndreu dol .. ars { $100 f or r' :t'ry :. to C]t . Ct' f : led In E' ::Ce:3:3 w(j re .arc_� s� u. :!.c_ tt �: r n _+ �. :, :, ..r, sir; , . t Ion . C . ? � a � r3 - ...�' .. 1?y- � n. '.Itr ': 11.,,,c. f. ,(?t. 71,0 b . _, ,. :: GI ::T, 1U '.'rai 1a1-i c ' wi t h i Ill I.a _ ..C)r :i i J itF'S an( S h'i 1 1 , i r! i :a r t: : . .' L3G4 r" :rar rl: i C:(I Q:t . L t i J 1 C(2git : r •- c: r+r rc'rr, i Ctt�c: het ei jnu .:r steal ! be deliveri2u r person car by regi tereci car certified mail to an author izeG rer. rFseri at. ive of the i~ar. ty tc whom del1very is to oe made , at the p 1 a ce o busir,e.3s o. such part;.• , or to an,.,,, other place dusignated in writing d.y such: part; . i 6 . CAPTI ONS captions ol" the Sections of this Agreement are for convenience and reference onl.., , and the words contained therein shall in no way be he.:d to explain , mo, ify , amplify or aid in the 17 - interpretation , construction or meaning of the provisions of this Agreement . 29 . ENTIRETY The foregoing rerresents the entire AgreemenL between the parties . It' 6'ITNESS WHEREOF , the parties hereto have cau::ed this Agreement to be executed by anra through their authorized officers the day , month and year first anove written . CONTRACTOR : CITY I: EiUt:TIIJGTOtI BEACH SULLY-MILLIER CONTRCTING Co . s municipal corporation of a California coporation the State Cal; for1iia Po0c!:1: E . Holland , V ce Pr �_:a . !?�i a f 0 ? . Blair , Asst . Secretary ATTE37 : APPROVED AS TO FORM : 01 C. i t, C I e rr Ci tv Attorhey R.,ySEiti'ED AND APPROVED : INI T IATET, ANI) APPROVED : Cicr Administrator Director. of Punlic Works r < IU- STATE OF CALIFORNIA ss COUNTY OF Los Angel es On this 5th day of _ Janudry in the year t9$L, Defore me the underLigned. a Notary PuDltc in and for sa;d State, personally appezred ----------_--------- +IAAl I _---------------------- __—_— personally known tome IlirXpflGi�� .ralOClSfKiQKn Co(X�i16?BZD90y t1191�1C1Q to be the person who executed the �tES MN?"' instrument c,n behalf of the Corporation therein named. and acknt;wledged to me that 1,06 my COrt755XM Ex;, Mj ;S. ITO the Corporation executed it WITNESS my hand and ot'.cia! seal / Notary PuD'IC in aria for said State STATE ( )I CAI II-f W`I \ � � } OFICIAi s:A< 4(WX\H).( ( )1 N 1 1' (11 LOS ANGELES 1 � � ~ ifl rtl[ti1f5C0.81Tt' m CCT1„S$r,,rf I* .Am 73, 10Q I } (lrl tlu� _.5th___ I,i%__Januar'y I'i F,S I`Ci0T%- niC. itiC 11MICi•iInCd \, MF% 1'01111�. In AM! for 111e St,11C. 11C.". naIh. a Pen ------ i I Cr-r11 i.nk'��n I 1nC XXIXaKXi XX%L,,=N1CaslQl XAXXMiX kit KK !X99Aam), p� John Clemente , .0 he the jlct�oil %%ho cm CtIled th" ,%rlilcli 111�1111tilt'1ll A, A!I1frllr_•%-II1-I",i,i on hchait III the ovror,iliiiil therciil n3iiied find arknn.%1ed1v:kI it, nic tha! the oirpor,ition r,trrutt:cl it. Given under tri% hand and Notarial Scal ihi,, 5th d,i\ ,,t January \.I'). I') 88 My Cclrnrnissil,n June 23, 1991 MILM 11n 1: f: Pr'��rnj tire: 1 , f 30 .00 1111111: Ilt'F'11,F:, \I':u 11lllh 1 11'1 . �.1 . ( A )VI'I{ %CT I;( )\ 1 ) ( I' ai lhful Performance ) KNOW ALL %IFN m, 'riirsv. 11RF:SEXrs: That we, SULLY-MILLER CONTRACTING COMPANY a:; princel-.d. .md the- SFAII(MRIi SURETY COMPANY, a rorpeeralion duly' organized and dninr. huv:ir.ev, under ;md by virtu, of the Lms of the State of !Veld fork, and duly lice.•nse•d for be puritow of mAinh, i,uarantecinh eo! he cominr. !.eele, sanity ul►im twnds or unde•rt.rkinF,; required or authorized by the- laws of ht. said Slate, as Surely, ate` held and firmly round unto the CITY OF HUNTINGTON BEACH (he•rvinafter called the oblipee). in the w-n of Two Hundred Eighty-Nine Thousand Six Hundred Sixteen and 00/100 ------- ----------------------------------------------------------- Dol.t.mN fS 289,616.00---1 for the` havment Ahe•reof well and truly lee be` made we and each of us hind oursel►'er., our herir i, execureers, ad^iinistrritors, sucee.csors and assigns, jointly and severally. firmly 4 theve- presents. THE cmDITtnN OF THE MIME OBLIGATION IS SUCH T11AT, W11F.REAS, the above tx,unden pri!ecipal hasentered into a mntract dates'. January 5 , Iq 88 with th . said City of Huntington Beach to do and nerfori tht- follnwinr cork tee-,xit; Repair and Resurfacing of Goldenwest Street between Warner Avenue and McFadden Avenue ( CC-715 ) a cnpy of which contract e5 or may hr mtarhe•d hereto war_' i� hr.r,•t» teferr"d !'s any, t,ait he•te•o;. tiny', T11 REFIRE, if they a xm- fh:ur<<te•n ptinci;1jel ti'r.tll 'ae11 an trait perfoI7, the. kntk e-rint., wted to be, l+e`rfor,.,.,d under said eilntract then this oHir.mion tee be null and tvid, eetf7e'r41F1' to to";arn in fl:!! friwi' ,imi. we t of artlon shall accrue under this hand to ct (or the` use` of anp por�or, ( !her than the saidIf r�hl� re S!GNED AND SEALI;hthi; 5th.. . day of.- January A. D., tet .SULLY-MILLER CONTRACTING COMPANY - John Berton, Vice President r SE AE30ARI>`tiU11E.TY COMPANY by : 1,4 )—phn` lemente - �Mime),in.Fact. FONu 40: 1< 1. & M BOND t'ubl-r Moro .. Cnl,lotn,o Gnvetn-ent Cn,ltip t�ONU NQ lA l'�1!'t:�i PrC'ini urn: I nc l Uded i n the F a i thf u l 11eI oI*III a I I C e 1301)d �I':.k1I( 1.11t1) Sun Itrry l%I N. 111111E OFFICE, S1:1t YORK CHI . N.) . LABOR AND 11 :%,1'I-;it 1:1I'S otpumic i%or1% — callfornia) KNOB' ALL. MEN HY T11PSi: PRF'.FNTS: That we. SULLY-MILLER CONTRACTING COMPANY as Principal, and the SFA130.1RI) SURIEn' comi'viN', a curiw)ration duly organized and doing husines:, under and by virtue of lhelawsof the State of New fork, and dul-? licensed, for the purpose of making, guarantcetng or becoming soil, surety upon bonds or un- dertakings required or authorized by the laws of the said State, as Surety, are held and firmly Mund unto any and all material• men, persons, companies of rorporations furnishing materials, provisions, provender or other supplies used in, upon, for of about the p'afformance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persuns oho perform work of labor upon the same, and all persons who supply, both work and materials, and whose claim has not been paid by the contractor, company or corporation, in the to;t and full sum of One Hundred Forty-Four Thousand Eight Hundred Eight and 00/100------ I3nt.l.Al S (S 144,808.00----), for the payment wheteof well and truly to he made, said PRINCIPAL, and SURETY Hind thvin%elves, their heirs, administra- lets, successors and ,assigns, jointly and severally, firmly by these piesents. 'TIIF. cnNDiTION OF THE FnRFG01NG OBLIGATION IS SIXII THAT, WIIERE NS, the above bounden PRINCIPAI. has entered into a contract, dated January 5, dq 88 -xirh the City of Huntington Beach to do anti petforn the fnllo.Ltng -AA)rk, to 'Ait: Repair and Resurfacing of Goldenwest Street between Warner Avenue and McFadden Avenue (CC-715 ) NOW. THFRI:Ft W i:, li %aicd Princillal, hi% (it itt hrir%, executors, a,ltninistrato's, %ticcessors or a+sigill. %hall fail to pay for Arly materials, ;tcvlilons, pro.:rtnlcr ur other suphlic% I,r tealli%. irnf:lernent, �,r machinery, u%ed in, upon, for or about the pertorntance of tflr -xorlC con d tt.ic-,r to 1, done. p- Ito an%' K,)Ik I.Toi therpron, o ativ kind. or for irnounts /due under the Une:npluy'rnent Inr,tru)ce Act w'.tii respect to such work or I.ibclr, a% tryulf-I b% the plovisiuns of Chapter 7. Title 15, Part •1. I)iyi%ion _1 (it the ,`i%il Ccxde, ind provided that thr :lairsant %h.+ll have complied %vith the provklorl% of said code, the surety or sureties herein will pay- for the ;atnc ill all anlount nc,t excrr,iini,; the %urn sltrcifir%d in thi% bond, otherwise the shave obligatior shall be void. in ca%c %tilt i% broilvht '11voll till% 11011,d the %,11,1 .uret% of sureties %%•ill pay : reasonable attornev's fee to be Foted by tile- court. This bond shall inure tr the bent-fir „f any an,l .ill prr%oI %, owiltjf)anic% %,r corporations entitled to file claims undet Section :3181 of the (:i1671 t:cxir. top .is to Fist a right ,il a:tlon to them or tlicir a%%is^.Is in .iny %uit brought upon this bond. t SIGNED ANi? SEAL4 D this 5th day of .-.--.--._._._.._._ Janua_ry.._.__.----__._-__--.- A.D., +.q88 WLLYr-MILLER CONTRAC4 ING COMPANY I3 -\may :_• ' � �X� �? John A: Berton, Vice President -' SEA13nAR[ (1RRTY COMPANY By Johip C ementc - Altomey-in-Fact FORM 401 S/7a STALE OF CALIFORNIA 55 COUNTY OF —_Los Angeles _ On tnjs . _5th _ . aa'; c+ _Jdnuar in the year 19 E38 celve me the unaerssg^eo a NOW) PuLllc In arc !of said State, personally appeared - _- -- - - John A. Berton, Vice President --- -------- ------- • -.-- -- - _ ------ ------- .._ _.._... - ertonally Known l0 m e G t SOX!l..l¢7CNxKulxKxxXxxXrt.x7itlA�('.XDc,Kxx:1aC7E! to Ge the person who raecl.teJ the ttmS� >� .W I Hltnln m5lrumert on ben,0 of the i,orporaticn !herein namea ana ab nov,leagea to me that the CorD.1'alicn e■ecutec I +1!IESS r•lv c,,,c ara 'low) ;n ana 'cr s,iia State TA 11. 1►1 l A1 I1 ( )RNI A } Y t/r+ii�: ;t•r 1 1• y Not ART Mfg K C4�OPMA T dSKl 1h lid r► \ i 1' ►! LOS A`�GELES � � �osA,+�ttscau�n 011 thl, .5th t+.,, ._January 11) 38 t,rt -it- n;e, rhr the Stale, apixarM John Clemente--------------•- at�el���rl >.rn�►+nr(IIm' !6r:rx)0xxA%AK'cPIaldxaQxucxxxxxkxXxxxxxWx0c:c', to he the Perm MI(I ;utillled rile 11r1?tell II1,frrimcIil ,1, N1101110 ill 1 a, l ctl the 111eri'111 tiamed and ackn(mledged I(, me that the omvration e%.rrut;.d it (ii►etl under rnv- h;tnd and Nk-aria; tieal ihi. 5th :i;lc Ot January ;1.1). 19 88 My Cotnniksion F\Prrt-. June 23 , 1991 / �'r�run AiNic. IORM It(, I: DATE : ) t ► l ENGINEER' S ESTIMATE : JOB AND CC NUMBER: ►t . ► �__ BIDDERS NAME TOTAL BID AMOUNT Riverside Construction Com an Griffith Company Excel Paving American Cold Planning , Inc . Steinv and Company, Inc. I P S Services , Inc Blair Paving .3c;2 . 9d _1 Watson Cold Planing , Inc . R. J . Noble Vasco Corp. John T . Malloy , Inc . Sully Miller a `%J- J Industrial Asphalt r C-7 Vernon Waving Company 3 All American Asphalt Moore Electrical Construction Payne Whitney Fecit - Strata NOTICE INVITING BIDS cc - 7 A' Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on De c . a . 1987, at which time they will be opened publicly and read aloud in r the—council Chambers for the RFPAfQiaop A#D Asr!V,4z1— lgY oW Gpf-P4-W G(IE.ST FZge-eT AFrwFEi✓ l��ilJEP Al/eF .4v� />� LAAD�.✓ /yifr'. in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on ocrag9e2 :z 1 1981 at the Department of Public Works, 2000 Main Street, Huntington Beach, Calr ifornia, upon receipt of a non-refundable fee of $ eo . 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 statues pursuant to which proceedings hereunder are taken and which have not been supersLded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensee 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 C''ity of i-fijntinnton Beach, California the s� of 0c7"oB F e l 9Bz. Alicia Wentworth City Clerk of the City of Huntington Beach WNW RE UE FOR CITY N IPA►CTI N � cuc o Date Svpternher 23, 19137 Submitted to: Honorahle Mayor rind city f'ounc:il Submitted by: I-Intrl F. Conk, Intvrirn Citv Administrator haul F . (7n0 k, Interim City Administrator Prepared by: Z Su bject: llepnir and Rtr sirrfnrinn rol►frn A-st `Ar•evt HM%,/vf-n Warnrr and Vrl- ariclan; Consistent with Council Policy? ( `j Yes [ ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATE M1_N 1 OF ISSUE: Plans and specifications for the repair drill res(lrt;winn of t ;n1den 'Nost Street hetween Warner and McF adder tine(- h(rpn prrpsrrr(l and ;rri• nc1v: rcrmnl('tr•. Approval of the wirrenient vjith th(y ('nunty of ( )rtiriw- !:? re(iuirmi in ordt-r to obtain vrntchinq funds. REi-ON11JENDA TION: I . Approve agr(rrrn(!nt. :vith C:otlnt.y for .1f.{i 't l Pro)ort ' 1n. 121 ' y;herr• 1-minty contrihut(-s nearly 511 of Ow rot of th(- tiroirct. 2. Appto�'e plan; and sfwrifirntinn and ;rlrthnri (, s*if f to solirit hills r+ftrr %ottnty Ho;Trd of 5u1Torvisnrs Erns rr(tifi(+d ;(gr('t-yient . .'NAt_YSIS: (-fin Do-crmber I, 1980,80, (-it I a llfipl d ('.rsnh!tinn ' In. `,7 i i in whit-h th!- rite rvgUe'stod rnatc,hinn funds frnm thr, r.ounty and ;inter( tr, funds :w lil;+hle fnr thr• st-oet i—proveryient li nn ( iold('ri Vlr-st, it r"rt . On April 21 , 19117, the ("otrnt%, Hnard of 'iuprrrvtsors apprcw -d the 1987-MI A; 1F,-' Ftnanrinq Program which irtrludrs t1w finnnr. inrl of tht- hT)j)rrnv(,rTlentr, on (.nWrn 1'/rst Strrrt. This project is exempt. from envirnnim-rital review in nt•rcirclnnre with Sm-tinn 1`)3/011 . Class 1 C. F[ANDING SOUR.CE: Up to $252,00n art, nvailotile front! County AHF11 Binds, $600,n1)0 art nvailahle in Accnunt No. 747150 iGnldr.n Mt st Rehah.l The preliminary cost estirate for the project is S4%,000. Thr! $220,000 County's share shown in the ngreement appears adequate according to the latest revised estimate. Flo eim Request for Cnirnril Action Repair and Resurfncinq Cloldf-ri West St. September 23, 19A7 ► aqv 2 ALTERNATIVE ACTION: Nut to proceed with prniecl and fnrfr-it County rri;�lr,hinr� funds. ATTACHMENTS: AgrePrnent with the (7nunty of Ornnge. PEC:I 5:Iw 11402q 11. NOTICE INVITING BIDS Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, FAintington Beach, California, until the hour of 2:00 p.m. on Dec . $ _ 1987, at wl~'-h time they will be opened publicly and read aloud in the CounciI Chambers for t h e 47FPA/Qi&o AwD air- Asryil L T lAyiwG' ow G.c p EN iWe,ST _S VCCr' A4FT" W L{f We Z Avg 46 bW ?Ve ��9Ad E✓ AI�F', in the City of FAintington Beach. A set of plans, specifications, and other contract documents may be obtained on ocrvaM 29� 1981 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $ /d . Each bid shall he 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 tinder the special statutes pursuant to which proceedings hereunder are taken and which have riot been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Earn 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-kjntington Beach, California the s� o f ccTo,&,F z 1987. Alicia Wentworth City Clerk of the City of Huntington Beach t w NOTICE INVITING SEALED BIDS CC-715 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the repair and zesurf ciniz o Golden West Street 4e1wee1 Warner Avy.nue and Mc Faddgn in the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works. Documents will be availably.: c,, g;t - 9 -, 190. A charge of 510,00, not refundable, will be required for each set of specifications and acLompanying drawings. 1 . Mobilization Lump Sum 2. Traffic Control Lump Sum 3. Excavation of broken A.C. 1".0 C.V. 4. A.C. base course 270 tons 5. 0.10' A.C. overlay 5,700 tens 6. Coldplaning 79,650 s.f. 7. Heater remixing 627,400 s.f. S. Adjust manholes to r,ew grade 16 each 9. Adjust water vane boxes to new grade 3( each 10. Raised traffic markers Lump Surn U . Replace traffic signal detector loons 60 each 12. Remove and replace curb and gut ter 80 l.f. 13. Remove and replace cross gutter at Heil Lump -)um In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the wort: to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. Plaits and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called -to the proposal requirIments, set forth in the specifications, for full directions as to the bidding. The above quaWties are approximate only, being given as a basis for the comparison of bids, and the City of {untington Beach does not express or by implications agree that the actual amo:int of work y!'ji correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by tl,,e Director of Public Works. N-1 S All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 45% Each bid shall be made out on,,,a form to''be obtained at t 1. r � the office of 'the;,Director .of Public, Works, ,'Development Wing, 2000.. Main Street, Huntington Beach, California; shall belsealed aridffiled 'with the City Clerk at the Civic Center, Second Floor:Administration Building, 2000 Main Street, Huntington Beach, California, on or .before 2:00 P.j of Dec.- 19111 and shall be opened by a committee composed of the. City Clerk, the City Attorney and Director of Public Works or 'their authorized'representative and the results-of said bidding will be reported to and acted upon by the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 71...st of Decenber , 19jL , at the hour of 7:30 P.M. in the City Council Chambers in the Civic Center of said City of Huntington Beach. The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this October 5, 1912. ATTEST: Alfcfa Wentworth City Clerk 1 N-2 Authorised to Publish Advertisements of all kinds including public PWC NOTICE notices by Decree of the Superior Court of Orange county, Cablorrn■, Number A-6211, dated 29 September. 1961. and NON A-24831. dated 11 June. 1963 RMTN9 ripe ' oc-III Notice Isheretjplwn that STATE OF CALIFORNIA ��°ipty of Hu will be ntktgo Beach at the oMce of the 2*10 County of Orange ...ew NOIK• AO~MWV cowWad iun I glon she >BttNt.� uM4�tglon by ""' 'nmawa to w in t OWW1 aeaCA 'CWlomda, until the -win xa pca ca om."otn hour of M P tn.on Aee.8. 1987,at wh"tints they,W0 be opened pubsdy and read aloud In. the. Council I am a Citizen of the United States and a resident of chambers for am r and resurfoc v M esphats the County aforesaid; I am over the age of eighteen � ow-GiWan West Street bet*ow Warner Ave. years, and not a party to or interested In the below and McFed� Ave. In the Huntington Beach. entitled matter. I am a princi al clerk of the Oran e � pet of puns,.apean- p g catlons, and ether contract Coast DAILY PILOT, with which is combined the docurwis rW be obtained on..OMber 2S 1987.at the NEWS-PRESS, a newspaper of general circulation, Department of Public 9 Works. MAO`Main;BtfK11. Call- printed and published in the City of Costa Mesa, Huntington Uj Beach.ot.of Ia County of Orange. State of California, and that a n110.0 efund■bl• fee: of a Each bid af►�M to made on I Notiett oI Inviting - Bias tin.g the Prom" form. and.In tire,.nalhier pi vide!in the . contract i docamettle. :and aftaM be*accompanied by a oartMted:or,cutdaeo iftack or'a bid bond for not`Ipa of which copy aitached hereto is a true and complete Itliitt IVA of the amount of ybrodi Ict p Ir. obi.to the copy, was painted and published in the Costa Mesa, +npt The Contractor strait,in the Newport Beach. Huntington Beach, Fountain Valley, perfortnence of- the 1vwrk , and Improv iments.conform Irvine, the Souttr Coast communities and Laguna to the tabor code of the State of camoinla and other Beach Issues of said newspaper for two law, of the stale cl,Call- forrda appCcabte thereto, consecutive weeks to wit the issues) of tact the exception only of t such variations that may be x required under the ap+cW I statutes purowl to which x procestfiNs hersurxler aria 1 ; taken which have not x Nov. 6 been WperwdeC by the t 7 198 provisions of the Labor f QKhL Preference to tabor t stets be 9lren onty In the 1- N o v. 1 3 7 manner provided by law. t 4 198 1 No bid shag be considered ux+eea It is made on a form x furnished br she City of f Hun'.1nglon Beach and Is 198 mica in accordance vdth the Provisions of the proposal, , r f'sa ch bidder 1ftust14bs s 198 fleeneed and -also­,pre- qualified a•requited bylaw. The City Council of the Gty of Huntington Beach rs•' -- — . 198_ saws the right to talscl any By order of the city c"u - CA of the Coy of Huntlnoton Beach.California rho WtTj of I declare, under penalty of er u that the October.1287. wain P Y P � rY� Aaat. w.ntweKth, cftr foregoing is true and correct. Clerk,' By Connie Areokw►a1r 061111tT Cktrk el Ift City of Nunitn9tan Beach Put:llshed Orr.Wo Coast Executed On Nov . 13 x 19LQ7 Daily Pilot Noven bw 0, 13. losto at Costa Mesa, California. Signature PROOF OF PUBLICATION REQUEP FOR CITY COUNC ACTION Date Onril 7 IQAR Cl Submitted to: Honorable Mn}'or and City Council ,��•i'xo�'t;l> !;Y Submitted by: P%i! E. Cook, City f»rninistrator \ Prepared by: Les G. Evans, Actinq Director of Public Works � _ - , 1 _`vrl-- Subject: GOE_1)1=1\J WEST STRF-I-r IJAVF_NK-NT REPAIR, <>SPHACT OVERLAY; CC-715 Consistent with Council Policy? (U Yes ( j New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: .I.!ly-Miller Contracting Cnmp.,my has completed thV construction of street improvements on Golden West Street between Vlarner �>venur and tvic Fadden :venue. RECU)NIMENDATION: 1. Accept the irnprovvf rnents an-i authori7r. the i.ity '_71prk to We the t�otice of (7ompletinn. 2. Approve the total contrnr.t cost of $207,52H.01. AN.ALYSIS: On December 21, 1987, the City Council awarded a contract to dully-Miller Clontractincn Company to repair and overlay asphnit paving. The construction (if these improvernents is now complete per the approved plans and specificut ions. The City Fric)ineer reenriime?rids acceptance of the project an(1 requests that. the IHotire of Completion he filvd by the ('ity Clerk. The following is a surrimnry of contract 1_7nunri! A > rovf d ►\ettml Expenditures Co etract Amount $2119,01 t1.OU $267,528.01 Construction Contin(lencivs, 28.962.00 _0_ Total $31H,57H.110 $Z67,528.01 FUNDING SGURCE: City Gas Tax Funds, Arcount /0714715n 128,211.01 A.H.F.P. 1399 31 MD $267.52fi.0i AI_TERI-4ATIVE i1CTION: rJot applicable AT TAC:HMEH'T S: !,jone Pt=C:1_GE:1J`i:(1w PI06M) 1(J/18 CITY OF W UNTINGTON BEACH 20M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 20, 1988 R. J. Noble Company P.. 0'. Box 620 Orange, CA 92666 We are returning your bid bond which was submitted with your proposal for asphalt repair and resurfacing of Goldenwest Street between Warner and McFadden Avenue , Project CC-115, in the City of Huntington Beach. The contract for this job was awarded to Sully-Miller Contract- ing Company of Orange. 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. f elephons:714.53662VI 0 �. C15'Y OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK January 20, 1988 Blair Paving , Inc. 4226 La Palma Anaheim, CA We are returning your bid bond which was submitted with your proposal for asphalt repair and resurfacing at Goldenwest Street between Warner and McFadden Avenue , project CC-715, in the City of Huntington Beach. The contract for this job was awarded to Sully-Miller Contract- ing 'Company of Orange. We would like to take this cpportunity to thank you for your interest in submitting a proposal . 1 ! Alicia M. Wentworth City Clerk AMW:bt Enc. I TNephon•: 114.53642771 CITY OF HUII'VTINGTON BEACH 2000 MAIN STREET CALI FOR NIA 92648 OFFICE OF THE CITY CLERK January 20, 1988 Sully Miller Contracting Company 6145 Santiago Canyon Road P. 0. Box 432 Orange, CA 92666 RE : Construction of asphalt repair & resurfacing of Goldenwest Street between Warner b McFadden Avenues Project CC-715 Enclosed is your hid bond, a copy of the executed contract :with the City of Huntington Beach, a Certificate of Compliance form and the Declaration of Satisfaction of Claims. The Certificate of Compliance form and the Declaration of Satisfaction of Claims MUST BE RETURNED TO TaIS OFFICE AFTER THE PROJECT IS COMPLETE BUT PRIOR TO THE RELEASE OF RE.TEN1 I ON Fimm . In addition, the following item must also be on file, with this office, before tFr. City can release any retention funds : A :warranty bond guaranteeing the final amount of ,cork and materials for one year. If your performance bond does not Include specific :wording for a tine year warranty, then a rider or separate bond must be rubm i t ted. Should you have any questings or roncerns regarding the enclosures or items that must be on file in this orrice prior to release of retention funds, please call Don Noble, Contract Administrator, 536-5441 . '01 a I Vo — ;k Al ic-ia M. Wen IwirIh (' its I'if'tl• cc: Don Noble, Public Works Dent . Enclosures: Bid Ilona Cash Cnn t.me t. CrrI i I i rat i- of Pomp ianr.it DuclaraL itin of r,.,tisfnw:t ion of naims (T ek phony: 71443&6 2T7) Insurance &Benefits Division P. O. Soa 190 CITY OF HUNTINGTON BEACH, CALIFORNIA c,tr Attorney Huntington Beach,CA 02648 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 manner that will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mall, to City of Huntington Beach, Insurance and Benefits Divition, P. 0. Box 190. Huntington Beach, California 92648. Koppers Company, Inc., A its Subsidiary Name of Insured SULLY-MILLER, CONTRACTING COMPANY Address of Insured 3000 Egst South Street Long 8eacb_.___Cali..fornia 90805 Goldenwest Street between Warner Avenue b McFadden Avenuen Location of Work or Operations to be performed Kiinti ngton Rparh, rat,i fne is _. Description of Work or Operations Repair and Resurfaci A of Gol denwest Street POLICY DATES LIMITS OF LIABILITY ama of Insurance Co.& POLICIES IN FORCE POLICY NO. Effective Expiration In Thousands(IXi01 Self Insured Retention or Deductible. GENERAL LIABILITY I)Q COMPREHENSIVE FORM RMGLA956- 01/01/88 01/01/89 National Union Fire IX1 PREMISES — OPERATIONS 63-62 $ CSL Insurance Company EachOccurenca of Pittsburgh, PA. IX1 EXPLOSION AND COLLAPSE HAZARD IXI UNDERGROUND HAZARD (XI PRODUCTS COMPLETED OPERATIONS HAZARD (XI CONTRACTUAL INSURANCE IXl BROAD FORM PROPERTY DAMAGE W INDEPENDENT CONTRACTORS I 1 PROFESSIO14AL LIABILITY/ ERRORS& OMISSIONS AUTOMOBILE LIABILITY IXI COMPREHENSIVE FORM RMBA154-97- 01/01/88 01/01/89 National Union Fire 11 $1 000 00 _CSL Insurance Company al OWNED of Pittsburgh, PA. Each Octinnea IX HIRED IX I NON-OWNED EXCESS LIABILITY 11 UMBRELLA FORM s I 1 OTHr:R INSURANCE COVERAGE WORKERS'COMPENSATION SELF INSURE BY STATE OF CALIFORNIA AND CERT. NO. 1 30-CONTIN OUS COVERAGE Waiver of subrogation from Worksn'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 its 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. This certificate is issued as s matter of information.This certificate is not an insurance poiicy and does not amend,extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement.term or condition 3f any contract or other document with respect to which this esrtif ieata of insurance may be issued or may pertain,the insurance afforded by the policies described heroin it subject to all the forms. exclusions and conditions of such policies. �Johnson 6 Higgins of Pitttshurgh , PA, _ National . Union Fire Insurance Co of Pittsburgh, PA. Agency or Brokerage Insurance Company 2600 One PPG PI . , Pittsburgh, PA _15222 70 Pi Street New-York , N . Y. 10270 AaBras a %*—_ A. Roger Thomson 5, 1988 Name o Parton to be Contacted Authorized� ignaturs Date (4112) 3 91-5 350 NOTE:Authorized signature may be the apt-nts If agent has placed insurance Telephone number through an agency agtmment with the insurer. If insurance is brokersd, authorized signature mu. be that of on official of the insurance company. SEE REVERSE SIDE FOR HOLD HARMLESS AGREEMENT The City of Huntington Beach requires by ordinance that a Certificate of Insurance be on file with us for tlse issuance of a poirinit or license, and tisat 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 I:ottom of mailing label. Please have your agent submit an updated Certificate of Insurance, on this form prior to this expiration date. Foilure to comply may result in the cancellation of your permit or license and the closing down of your operation or event. This is the or-iy notice of cancellation you will receive from the City of Huntington Beach. THE CITY OF HUNTINGTON BEACH MUST BE AN ADDITIONAL. NAMED INURED. 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 HOLD HARMLESS AGREEMENT The undersigned Insured Contractor, a Corporation/ Other (you must circle the appropriate choice or fill In the blank) 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 andall loss, damage,cost, 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 the 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 (indt nnitor) and the City.(indemnities). 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 at attorneys' fees incurred by City in enforcing this agreement shall be reimbursed to City or may be awarde It y a urt` competent jurisdiction. SIGNED: By: Title: Robert E . Holland ; Vice President By: Title: Blair, Assistant Spnrptary If a Corporation, TW FFICERS must sign; or, in the alternative, present satisfactory evidence of your authority to bind your Corporation. PIO 5/BS ` 6 � CITY OF HUNTINGTON BEACH Insurance & Benefits Division P.0. Box 190 ...,.� .r.w�• Huntington Beach, CA 92648 THIS SHOULD BE hRAMID AND MUST BE CONSPICUOUSLY DISPLAYED inn hew 4: STATE OF CALIFORNIA DEPARTMENT,OF' IND I STRi*L RELATIONS OFFICE OF THE DIRECTOR NUMBER 1130 CERTIFICATE OF CONSENT TO SELF=INSURE- THIS IS TO CERTIFY, That_. SULLY-44ILLER COUTRACTING WMPAcJY. (a Cr�liforni�__cprpgr-$tiOn�-!�------------ has complied with the requirements of the Director of Illclustrial" Ilelatioihs under the provisions of Sections 3700"to 3705, inclusive, of the Labor Code of the State of California and is hereby grant ed-tlus` Certificate of Consent to Self-Insure. This -r i I ate may he revoked at any tittle for good cause shown.* • •— Errccrrvc, _ DEPART T OF INDUSTRIA LATIONS TT F HE STATE OF ALI RNIA'` r THIr__1-$t—DAT 0►_S1.1 }L__ra 7g_ t DONALV VIAL` r • �n K• RZCHARD +5a ANDFR90N •wttaaw • Iiev rtificale—"A certificate of consent to self-insure may Ile revolted Ivy the Director of Industrial Relations at any lime for gootl cause after a hearing. Good cause includes. among other things, the Impairment of the solvrncy of such employer, the Inabllit of the employer to fulfill.his obligations. or the practice by such employer or his agent in charge of the-atiministratian of oblicalions un,ler this division of any n +ht•. l-alowing: (a) Habitually and as ■ matter of practice and custom Inducing claimants for compensation to accept less titan the compensation title or rnal.:ng : accessary for them to resort to proceedings mind the employer to secure the compensation due; (h) Discharging his compw at m nsation obligations in a a!;-.tanner; (c) Discharging his compensation oltii�ations in such a manner as to cause injury to the public or !)lose dealing with Itim." (Sm-titan 3702 of L rode.) The Certificate may be revoked for noncompliance with Tide 8 California Adminisf live Cade, Croup «—Administration of Sclr-Insurance. *%persedes Certihcate No. 0048-E, issued to SULLY=-MQLLI•R'`CONTR.ACTIIJG OWIPANY on August 221- 1973 and Certificate No. 1130 on October 1, 1967*- r r � ro.r A-A•10 -000- 12 tuta•wr a.rs t.*aom0 or• CITY OF HUNTINGTON BEACH 20M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 16, 1987 Industrial Asphalt P. 0. Box 2263 Irwindale, CA 91706-2263 We are returning your bid bond which was submitted with your proposal for asphalt repair and resurfacing of Goldenwest Street between Warner and McFadden Avenues , Project CC-715, in the City of Huntington Beach. The contract for this job was awarded to Sully-Miller Contracting Company of Orange. 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. ITelephons: 714-536.62271 CITY OF HUNTINGT"ON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 16, 1987 Excel Paving Company 2230 Lemon Avenue Lone Beach, CA 90806 We are returning your bid bond which was submitted with your proposal for asphalt repair and resurfacing of Goldenwest Street between Warner and McFadden Avenues , Project CC-7# 5, in the City of Huntington Beach. The contract for this job was awarded to Sully-Miller Contracting Company of Orange. We would like tc take this opportunity to thank you for your int3rest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enc. (s•4.rhone: 714-636-52r71 ;,. CITY F HUNTING IV BEACH ',4' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 16 , 1987 Griffith Company 2020 Yale Santa Ana, CA 92704 We are returning your bid bond which was, submitted with your proposal for asphalt repair and resurfacing of Goldenwest Street between Warner and McFadden Avenues , project CC-115 , in the City of Huntington Beach. The contract for this job was awarded to Sully-Miller Contract- ing Company of Orange. 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 . ITN.pheAv:714•536.5227 JJ CITY OF HUNTING TON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK December 16, 1987 Vernon Paving Company 2544 Woodland Drive Anaheim, CA 92601 We are returning your bid bond which was submitted with your proposal for asphalt repair and resurfacing of Goldenwest Street between Warner and McFadden Avenue , Project CC-715, in the City of Huntington Beach. The contract for this job was awarded to Sully-Miller Contract- ing Company of Orange. We would like to take this opportunity to thank you for your interest in submitting A proposal . Alicia M. Wentworth City Clerk • , *V:b t Enc. (TMephone: 714-53642'Z7) DP t.J 'L4'— REQUEO FOR CITY COUNC ACTION Date December 8, 1987 .'- ,cSNGV- Submitted to: Honorable Mayor and Ci ty Counci 1 1 �i Submitted by: Paul E. Cook, City Administrator Prepared by: Les G. Evans, Acti nq Director of Public Works40 Subject: Sid Results for the Asphalt Repair and Resurfacing on Goldenuest Street beteee n Warner Avenue and McFadden Avenue; CC-715 Consistent with Council Policy? [XI Yes ( 1 New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actinns, Attachments: Statement of Issue: Pursuant to Council authorization of October 5, 1987, bids were received on December 8, 1987 for the improvement of Goldenkest Street between Warner Avenue and McFadden Avenue. Reccmwndation: 1. Accept the low bid submitted by Sully Miller Constniction Company and authorize the Mayor and City Clergy; to exe=ut.e an aD�ropriate contract in the amount of $289,616 .00. 2. Authorize the Director of Finance to encurrber $5, 000. 00 for anticipated project "incidentals" . Analysis : on October 5, 1987, the City Council approved the plains and specifications for the constructicn of improvements on Goldenkest Street between garner Avenue and McFadden Avenue. Bids, as summarized below, -,.r.re received and cl-)ened on December 8, 1987. Contractor Bid Amount Sully Miller $289,616.00 R.J. Noblc 289,736.00 Blair Paving 297,382 .90 Excel Paving 303,000.00 Industrial Asphalt 311 ,591 . 10 Vernon Paving 313, 000. 00 Griffith Paving 323 ,526. 00 Staff has reviewr_d the bid proposals and recomTends the acceptance of the Sully- Miller 'bid. The constriction of these irrprovarenrs will require " n'-:idental" expenditures (i.e.- soil testing, utility fees, etc. ) of approximately $5, 000.00; therefore, the Director of Public Works requests that Finance )x2 authorized to encumber these funds . Fundinu Source: Contract Costs S20o 616.00 "Incidentals" _ 5,000.00 Total $29A ,b16.00 f Fequest for City Council Action Bid Results for the Asphalt Repair and Resurfacing on Goldenwest Street Between Warner Ave. and McFadden Ave. ; 17C-715 Page 2 Sufficient unencumbered revenues are available in Fiscal Account 747150 (Gas Tax Funds) to cover construction costs, contingencies, and project "incidentals"; however, staff is not authorized to encumber funds for the "incidentals" without Council approval. Therefore, the Director of Public Works recemnends that the Director of Finance be authorized to encumber $5,O0O.00 for the anticipated project "incidentals". Alternative Action: Reject all bids. Attachments: Nona. LE:US:lw S Sully-Miller Contracting rompariV SIC PROPOSAL �------ Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, Calftornla: In compliance with the notice Inviting sealed proposals for the asphalt repair and resurfacing of Golden West Street between Warner and Mc Fadden Avenues . CC-715 proposeI hereby and to furnis t t h the materialsthereforeaccording to the o a contract to �1lansmstecif s teationhe work eand sin pecial provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of ill labor, materl is and equipment, and or all incidental work necessary to deiivor all the Improvements complete in place In strict conformity with the plans, specifications and special prnvislions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment thorefore at the following unit prices; to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL Mobilization ($10,000 maxitmnt) at. . . 1. LtJ) Suzn ' C�c .� a r_ �� ( - / per lump sum. Traffic control at . . . Ir , (ic' 2. Lump Stitt iLr Per lung sun. Excavaticn at. . . 3. 140 c.y• per c.y. P-1 ITEM APPROXIMATE ITEM WITH UWIT PRICE UNIT N0. QUANTITY WP.ITTEN IN WORDS PRICE TOTAL A.C. base course at c� 4. 270 tons —~ per ton. 0. 10 ' A.C. overlay at . . . 5. 5, 70(� tons �L I1 1, , r.�c' -mot. �`� o�S1C'�' /5y per t i.�_. ton. 7 . c2t� Co?dp laning at . . . 6. 79,5b0 s.f. bQ r Cu per s.f. Heater rani,xing at . . . 7. 627, 400 s.f. // c-n �v t rJ r C r� c►.r; S per U S� 'f r 6 r s.f. Adjust manholes to new grade at. . . B. 16 each -Twc.) u tic ILA ^Q SOFT .? �c' i l Are ^� L per each. Adjust water valve bakes to new grade . . . r , �•�L� 9. 36 each at C) er�each. _ f � cw- OkO Install raised traffic markers at . . . (optional , may be deleted) 10. Lump Sun � I per luuyp sum. Mo Replace traffic signal detector logs at 0 each c, c' 11. ? j U1 o u ,�� .�_�. r�= !:� c, _ .�; n per. each. �(�l.� /G1 ( ►(1�} Remove and replace curb and gutter at 12. 80 1. f. TN 1fi. per lineal foot. Remove and replace cross gutter at t;n Ilei 1 Avenue at 13. I.unp scan �t �, ; -r�� o u ,� �+ v V00 o Lk-A ri s per lunp stm. Ah1(XJKT IN WORDS 9 P—2 •� •. PROPOSED IN RMATION REQUIRED OF BIDDER Bidder Is required to supply the following informitlon. Additlonal sheets may be attached If necessary. 1. Firm Name: Sully-Miller Contracting Company 2, Address: 6145 Santiago Canyon Road 3. Telephone: 714/639-1400 Orange, California 92669 4. Type of firm—Individual, partnership, or corporation: CORPORATION_ S, Corporation organized under the laws of the State of: C fE Idi 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: 64 Years 9. List at lewst six projects completed as of recent date: (PLEASE SEE ATTACHED) CONTRACT CLASS OF DATE AMOUNT WORK COMPLETED NAME, ADDRESS & PHONE NUMBER OF OWNER I 10. List the name of the person who Inspected the site of the proposed work for your firm: Jim Townsend, Estimatot Date of Inspection: 1-7-13 1 F, 7 11, If requested by the City, the bidder shall furnish a notarized financial statement, financlal data, or other Information and references sufficiently comprehensive to permit an appraisal of his current financial condition. It is understood and agreed that the ipproximati quantities shown in the foregoing proposal schedule ere solely,for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the bieis of the actual quantities in the completed work,wdhether they be more or lase then those shown herein at the unit prices bid In the proposal schedule. The undersigned understands the contract time limit allotted for the contract is -6D calendar �days. It awarded the contract, the undw igned hereby agtm to sin aid contract and furnish the taoesary bonds within ten (10) days of the award of ■id contract,endto begin work within ton (10) days from the date of approval of the con- tnct by the City of Huntington Bach, California. The undersigned his examined carefully the site of the work contemplated, the plans and specifications, and'tiie proposal and contract forms thKefor.The submission of a bid shall be condu"evidence that the bidder has inresdpted and is setafied n to the conditions to be encountered,as to the character,quality,and scope of work to be peftfooed,tfhe quihntitiet of notwiels to be furnished, and as to the requirements of the proposal, plans, specifkations,and the contmL ,. Accompanying this proposal is B i dder.' s Bond" is ), NOTICE: Insert the words "Cash," "Cart iW Check," or "Bidder's Bind," u the case may be,in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Bach. The undersigned dep osits the above named security as a proposal ouenrrty end aoaas that it iinil be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the unders>gned shall fail to oxmite a contractfor doing mid work end to furnish good and sufficient bonds in'the foam at forth in the specification and contract documents of the City,with surety satisfactory to the City within 10 days after the bidder has raceived written notice of the sward of the contract; otherwise said security shill be mturrwd to the undersigned. Licensed in accordance Mth on act providing for the registration of contract License No. 9-18 "A" Robert E. Holland , Vice President tom+or 51dd«r (4sirrass Addrtsx E145 Santiago Canyon Road Plea of Residence Orange , California 92669 Dated this 8th day of December , 1A.02 Bidder shell signify receipt of ail Addends here, if any: Addendum No. Date Received Bidder's Signature P-3 t SUU Y- MILLEI t !U:•0 1 ii-0 •oUTII 114LIT / 110. WIX Li"'_ LONG HI.At il. C •I If Old-JIA 9060t, / (: i II 5)i-:1564l- 1114) 6i. 14U0 C11NTAAGTII JG M I. AUTHORIZATION TO EXECUTE BIDS, PROPOSALS , CONTRACTS AiJD PERFORMANCE 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, 1984 . 1 , R. K. Mac Gregor, President arid General Manager of Sully-Miller Contracting Company , hereby designate each of the following employees of Sully-Miller Contracting Company who, by virtue of this designation and of the aforesaid Board Resolution and Interoffice Memoranduin are hereby authorized to execute in the name and on behalf of this Company under its corpurate seal any dnd all proposals for the sale of products, merchandise and services of this Cowl)any and any bids and performance bonds required in connection therewith, involving any amount not in excess of five mill ion dollars in arty one instance to the United States any of the States , territories and dependencies of the United States , the District of Columbia . cities, towns, townships , counties , school districts , and to the departments , political subdivisions , agencies or wholly owned corporations thereof, or to any other person. President and General Manager R. K. MacGregor Vice President d Manager - Los Angeles Constr. Divisiun J . A. Berton . Vice President A Manager- - Northern Constr. Division D. E. Bosworth Vice President d Manager - Ordnge County Constr. Division Robert E. Holland Vice President d Manager - Equipment Division R. N. Keith Vice President d General Manager - Blue Didmand Materials W. li. W-Cul lough Vice President Finance/Conroller J . U. Pittman Assistant Secretary J. D. Blair Assistant Secretary 0. E. Branch , Jr. As s i:.tant Secretary John Clemente Assistant Secretary Dale 0. Durham Assistant Secretary Dale A. Lowe Assistant Secretary George Lubanko Assistant Secretary R. it. Munro Assistant Secretary J. L . 0 Neal Assistant Secretary J. C . Nilson Assistant Secretary J . F. Winders Executed at Long Beach , California this 14th day of September , 1987. �:K:T a GREGOR s en t `"T SEAL : � ; RN:dt to(:N0.IIAt. I: IIG11411. HIi10 COW $1AC1 64 bINk:C Ir...:] • Abl•NnlI 4 I.001% 11p0001 IS PANT/►^C ILIA IN 1 ICI 41� 11 I i 1511 SULLY-MILLER CONTRACTING COMPANY' PROJECT EXPERIENCE ORANGE OFFICE YEAR TYPE OF WORK PERFORMED VALUE OF WORK PERFORMED LOCATION OF WORK OWNER 1984 Tract Work 204,242 Tracts 12024 , 12023 8 10896 Colinas De Capistrano Tract Work 200,355 Vic. Camino' Capistrano` & Avery Colinal De Capistrano Street Reconstruction 421 ,945 Meats Avenue City of Orange` Street Reconstruction 1 ,495,504 Trabuco Road City of Irvine Shoulder Widening/Overlay 528,900 Highway 74 (Ortega) , Orange Co. Cal Trans Tract Work 2 .000,000 Various Locations Mission 'Viejo Company New Roadways 1 ,665,492 Industrial Center Phase III The Irvine Company Tract Wort. 962.967 Windwood The Irvine Company New Roadways 438,082 Yorba Linda Blvd. City of Yorba Linda 1985 Shoulder Widening/Overlay 1 ,058,909 Carbon Canyon Road Cal Trans Street Widening 621 ,205 Chapman Avenue @ Glassel City of Orange Street Widening 664 ,162 Chapman Avenue E/O Main City of Orange Street Reconstruction 265,941 Various Locations City of Costa Mesa New Roadway 1 ,313,356 Alton Parway E/O I-5 City of Irvine Site Development 1 ,375,000 Orangethorpe & Valleyview J.C. Penney Site Development 400,000 Harbor & Chapman Hunt Corp. "bract Work 210,000 El Toro & Old El Toro Graves Construction New Infrastructure 2 ,500,000 Bryan & Browning City of Tustin Street'& Storm Drain keconst. 1 ,23001000, Orangethorpa Avenue City of Anaheim Tract Work 2 ,000000 Various Locations Mission Viejo Company 1986 Street, Drainage & Utilities 5 , 100,000 Irvine Center Dr. & Alton City of Irvine Street Reconstruction 437,820 Chapman & Crawford Canyon City of Orange Street Reconstruction 530,560 Artesia Blvd. 0 I-5 City of Buena Park Street, Drainage & Utilities 7,000,000 Irvine Spectrum - Phase III Irvine Company Street Widening- 650,000- Seal Beach Blvd. @ 405' Fwy C-L Peck Street Reconstruction 400,000" Sea Shore Drive City of Newport Beach Street Reconstruction 562,000 West Street N/O Katella City of Anaheim New Roadway 5675903 Fairmont Blvd. City of Yorba Linda Street Widening 264,211 Gothard & Talbert, Hunt. Beach Chevron, USA" Note: The above is a partial listing of projects completed in the last three years. The Sully-Miller Orange Construction Division completes approximately 125 projects per year. DESI TION OF SUBCONTRACTOR In compliance with ., the e5ubletting and Subcon+triiting'Falr Practices Act" being Section 4100-4113 of the Government Code of the State of California, and any amendments " l � the name I bor or rondert service to the place r f business of thereto, each bidder shill 'set forth each subcontractor who will p"ettor " p Ime contractor In or about the construction of the work or improvemenfln an amount In excess of one—half (1/1) of one percent'(196) of tho;prlme contractor's total bid, and shall further set forth the portion of the work whlch well be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor f ils to specify a subcontractor for my portion of the work to be performed under the contract, he shall ba deemed 'to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated In the original bid shill only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS Q 7 � I,k-ATe s?-.,6µ x f q /V t4 1 i N F SA A., t' A h/,o 11,A lei c_ -?/t'l S J /y' ' -2 tiL•itiNpc� S tit►,lV N�'�-E c� tl$i it- By submission of this proposal, the contractor certifies: I . That he i3 able to a`nd w!II perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub—contracts entered Into, and bonds furnished by subcontractor for this project. P-5 DATE. � ENGINEER' S ESTIMATE: JOB AND CC NUMBER:- -1 ES BIDDERS NAME TOTAL BID AI4OUNT Riverside Construction Company Griffith Company -3 qp Excel PP ina 0 314000. coo American Cold Planning , Inc. Steiny and Company, Inc . I P S Services , Inc Blair Paving 3 �g $Z p Watson Cold Planing , Inc. R. J . Noble � �/ 7� � • o� Xasco John T. Malloy, Inc. Sully Miller Industrial .Asphalt Vernon Paving Company 0 pp , ao All American Asphalt Moore Electrical Construction Payne Whitney Fecit - Strata