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HomeMy WebLinkAboutVERNON PAVING COMPANY - 1990-10-15 1 have received Maintenance Bond for Vernon Paving Co. , Street Improvements, Adams-Beach/Newland, CC-776 and Heil-Gof the reasurer s ff dTnwe t/Silver,, C -7777 on behalf oice. Dated INK INSURANCE COMPANY OF NORTH AMERICA, PHILADELPHIA. PENNSYLVANIA I BOND NO. TO 02 12 85 4-M MAINTENANCE BONA KNOW ALL MEN BY THESE PRESENTS: That we Vernon Paving Company hereinafter called the Principal, and INSURANCE COMPANY OF NORTH AMERICA,a Pennsylvania Corporation,with principal offices at Philadelphia, Pennsylvania,hereinafter called the Surety, are firmly bound unto City of Huntington Beach in the full and lust sum of Four Hundred Fifty Seven Thousand Five Hundred Fifteen and 36/100 I ($457,5 2 5.36) lawful money of the United States of America, to be paid to the said City of Huntington Beach I for which payment well and truly to be made, we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally, firrrily by these presents. Sealed with our seals and dated this 26th day of June 11991 I WHEREAS, the above bounded Principal entered into a contract with the City of Huntington Beach. dated October 15, 1990 for street improvements for Adams Avenue between Beach Blvd. and Newland Street; cc-776 Heil Avenue between Golden West Street and Silver Lane; CC-776. NOW,THEREFORE, the condition of this obligation is such that if the above bounded Principal shall remedy without cost to the said any defects which'may develop during a period of one (1) year (s) from the date of completion and acceptance of the work performed under said contract provided such defects are caused by defective or inferior materials or workmanship, then this obligation shall be'void;otherwise it shall be and remain in full force and effect. In WITNESS WHEREOF, the said Principal and Surety have duly executed this bond under seal the day and year first above written. ATTEST: Vernon Paving Company BY � WITNESS: INSUWCE COA ?Afl OF NORTH AMERICA g t �i Vn 'Dent an ALtorneyin-Fact I 9S-50a90 I OWER OF insurance Company of North America 2 819 8 5 ►-TTORNEY a CIGNA companyKnow all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth f Penns Ivania, havin Its rinci al office in the Cit of Philadel hia, Penns Ivania, ursuant to the followin Resolution, which was ado ted b theY 9 � P P Y P Y P 9 P Y oard at Directors of the said Company on December 5, 1983, to wit: "RESOLVED,Thal pwsuant to Articles 3 1B and 5 1 of the By-Laws.the following Rules shall govern the execution for the Company of bonds,undertakings,recogntzances,contracts and other ritings in the nature thereof. 1 (1) That the President, any Senior Vice President,arty Vice President.any Assistant Vice President,or any Aflornay-m-Fact.may execute for and on behalf of the Company Say and all bonds, { undertakings,recogmzeaces,contracts and other writuiga In the nature thereof,the some to be attested when necessary by the Corporate Secretary,or arty Assistant Corporate Secretory.and the seat of the Company affixed thereto,and that the President,any Senior vice President,any Vice President or any Assistant Vice President may appoint and authorize any other Officer(elected or appointed)of the Company.and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to afhx the seal of the Compsny-thereto s a (2) Any such writing executed in accordance with these Rues shag be as binding upon the Company in any case as though signed by the President and attested to by the Corporste Secretary (3) The signeture of the President,or a senior Vice President,or a Vice President.of an Assistant Vice President and the seal of the Company may be affixed by facsimile on any power of attorney Want ad pursuant to this Resolution,and the signature of a certifying Officer and the seal of the Company may be affixed by facsimile to any certificate of any such power,and any such power or certificate bearing such facsimile slgnatwe and seal shall be valid and binding on the Company „ (4) Such other Officers of the Company,Snd Attorneys-m Fact shall he"authority to certify or verity copies of this Resolution,the ay-Laws of the Company,and any affidavit or record of the Company necessary to the discharge of their duhes :1 (5) The passage of this Resolution does not revoke any earlier authority granted by Resolutions of the Board of Directors adopted on June 9, 1953.May 28, t975 and March 23, 1917" does hereby nominate, constitute and appoint JAMES F. MURPHY, JEAN L. WILLCOX, EVELYN DENIHAN, and PAMELA L. JACOBS, all of the City of Los Angeles, State of California------------------------ 9 3 CL O ---------------------------------------------------------- each individually if there be more than one l -0 U) 3 Y O named, its true and lawful attorney-In-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, e undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION--- : ca c -- 9 .0 Crj _______________________________________________DOLLARS ($ 10 a 000,000•) each, and the execution of L5 � such writings In pursuance of these presents,shall be as binding upon said Company,as fully and amply,as if they had been duly executed (1) and acknowledged by the regularly elected officers of the Company at its principal office. U O O 6 IN WITNESS WHEREOF, the said R. E. Giveans, Vice-President, has hereunto subscribed his name and y affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this affixed day of _ __ March 1990 INSURANCE COMPANY OF NORTH AMERICA ca a by �. _ O COMMONWEALTH OF PENNSYLVANIA R E GIVEANS Vice President C CIj ss. COUNTY OF PHILADELPHIA (D V1 O On this 26th day of March A.D. 19 90 before me, a Notary Public of CZ t7l O` the Commonwealth of Pennsylvania in and for the County of Philadelphia came R. E Giveans, Vice-President of the INSURANCE � i = COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he O acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seat of said Company; that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution, �- adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. j U 111(I IIrIN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year > �� �rvh4r�/rtue�n. s o ,���P �� �. NOTARIAL SEAL. F ( L C z:� r: �arr� r JUL Ni,'A ROHA A,rat_t:,fy tnrc: s�c.� l;1 F _ r�8EAL) Pf1il;]d2iphi. N Iit:t:%Ji�d n 0 Notary Public t, F'hi•ar. .lp �F 20, 9 _ f %*Ai derf Secretary of INSURANCE COMPANY OF NORTH AMERICA,do hereby,cectifyttiatthe original,POWER OF.ATTORNEY,of .ry2•nV whlchIhe ifegjh� Ls fully. e and correct copy, is in full force and effect. , f, I have hereunto subscribed my name as Secretary, and affixed the :corporate seal at the`Corporation, this rrrr)lllll.t" 26th day of June r ; t�� } l James S. Wylhe Secretary 1 Dec. .20, 1992 THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE-AFTER' — BS-3336'Je Ptd n U S 4 - ti City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-776 AND CC-777 ADAMS AVE. AND HEIL AV Pro3ect 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 V. S. r DECLARATION OF SATISFACTION OF CLAIMS I , , state: Name ot Contractor 1 . I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled ADAMS AVE. CC-776 and NETT. A�]E, CC-77 and dated 11/20/90 2 . All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims, or .items in" connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: ( if none, state "NONE" ) I declare under penalty of perjury that the foregoing is true and correct. Executed at POMONA on this 12th day of June , 19 91 ( Signature of Contractor ) lefl CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HINT1NGT0hr iEwCH To ROBERT J. FRANZ From ACCOUNTING & RECORDS Deputy City Administrator Akc, ¢ W1 Subject 10% R IO Date y I C TEN E ex way- a'J The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed. Payment of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. 4DANITILLELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. LDate:s'2 S� � • LOUIS F. S NDOVAL Public Work Director certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: d� CONNIE BRO WAY City Clerk I certify that there are no outstanding invoices on file. Date: 1 DONALD WAS N City Treasurer n 0574J �u •a _ ( 00,50 Ott utt T EO • . ' WHEN RECORDED MAIL TO: 91-18.31­1 Z RECORDED GCOUNI OFFICIALRECORDS CALIFORNIAL CITY OF HUNTINGTON BEACH- PM O APR 1 Office of the City Clerk EXEMPT S 1991 P. 0. Box 190 C6 Huntington Beach. Calif. 926AR I 4a Q �'��Q�RECORDF.R NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Vernon Paving Company, 110 East Orangethorpe Ave. , Anaheim, CA 92801 who was the company thereon for doing the following work to-wit: street improvements for Heil Avenue between Goldenwest Street and Silver Lane and Adams Avenue between BEach Boulevard and Newland Street, CC-777 and CC-776. Owner: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Nature of interest: Easement 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 completed and that said work was/accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 15, 1991 That upon said contract the Insurance Company of North America was surety for the bond given by the said company as required by law. Dated at Huntington Beach', California, this 16th day of April 1991 . City Clerk and__ez-officio CYerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly anpointed_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 16th day of April 1991. . This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government code City Clerk and ex-officio C k Sec. 6103 and should be recorded Of the City Council of the City free of charge. of Huntington Beach, California WHEN RECORDED MAIL T0: G 0 1110 IMED CO F y RECORDED IN OFFICIAL RECORDS NO', C,--' ;F,ntg with Otilital Of ORANGE COUNTY CALIFORNIA . CITY OF HUNTINGTON BEACH /� ` .. 3.30 Office of the City Clerk EXEMPT 1,� -1831 1 P.M. APR 18 1991 P. 0. Box 190 C6 Huntington Bcich. Calif. 926APP NOTICE OF COMPLETION 0a Q C6 RECORDER NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of fi— the City of Huntington Beach, California to Vernon Paving Company, 110 East Orangeth Ave., Anaheim, CA 92801 who was the company thereon for doing the following work to-wit: street improvements for Heil Avenue between Goldenwest_ Street and Silver Lane and Adams Avenue between BEach Boulevard and Newland Street, CC-777 and CC-776. Owner: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Nature of interest: Easement 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 completed and that said work was/accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, April 15, 1991 That upon said contract the Insurance Company of North America was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 16th day of April 1991 . l��ar-� � itt7c �1 City Clerk an .ex-officio rk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this 16th day of April 19 91 . This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk and ex-officio CJKAk sec. 6103 and should be recorded of the City Council of the City pros of charge. of Huntington Beach, California 600. S`a REQUEST FOR CITY COUNCIL ACTION Date April 15, 1991 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted b �` — �—�� l.S x9 - y Michael T. Uberuaga, City Administrator -� 1 Prepared by: �ouis F. Sandoval, Director of Public Works iTY 'LEXK Subject: Street Improvements on Adams Avenue between Beach Boulevard and Newland Street; CC-776 and Heil Avenue between Golden West Street and Silver Lane; CC-777 Consistent with Council Policy? ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Vernon Paving Company has completed reconstruction and resurfacing of Adams Avenue between Beach Boulevard and Newland Street (CC-776), and Heil Avenue between Golden West Street and Silver Lane (CC-777). RE!QOM NDATION: 1. Accept the improvements and authorize the City Clerk to file the Notice of Completion. 2. Approve the total contract cost of $457,515.36. ANALYSIS: On October 15, 1990, the City Council awarded a contract to Vernon Paving Company to reconstruct and resurface Adams Avenue between Beach Boulevard and Newland Street and also Heil Avenue between Golden West Street and Silver Lane. The construction of these improvements are now completed per the approved plan/specification; therefore, the Director of Public Works recommends acceptance of the project and request that the Notice of Completion be filed by the City Clerk. The following is a summary of the contract cost: Council ABprov Actual Expenditures Contract Amount: $448,137.72 $448,137.72 Construction Contingencies (10%) 40,000.00 9,377.64 Project "Incidentals" 12,009.00 -0- TOTAL: $500,137.72 $457,5I5.36 Actual field quantities for excavation, reinforced fabric and asphalt concrete were greater than estimated. Therefore expenditure of funds from the construction contingencies were necessary. PIO 5/85 j St. Imp. on Adams Ave. btwn. Beach Blvd. & Newland St.; CC-776 & Heil Ave. btwn. Golden West St. & Silver Ln.; CC-777 April 15, 1991 Page 2 FUNDING SOURCE: Sufficient City Gas Tax Funds were budgeted for both Adams Avenue and Heil Avenue Rehabilitation Projects in account numbers E-SF-PC-776-6-32-00 and E-SF-PC-777-6-32-00 respectively. This was a cooperative project by the City of Huntington Beach and the Arterial Highway Financing program. Their share of the project is $189,596.52. ALTERNATIVE ACTION: N/A ATTACHMENTS: None ' MTU:LFS:LJT:dw 2903g/I ] have received the Faithful Perfomance Bond and the Labor and Materials bond for Vernon Paving Company,_Street imLrovements for Heil Ave_ btn Coldenwest St & -Silver Ln and Adams Ave btwn Beach Blvd h Newland Sty CC_777 & CC_776 on behalf of the 1 reasurer' s f,'ice_ Sated f)V' INSURANCE COMPANY OF NORTH AMERICA, PHILAOELPHIA, PENNSYLVANIA Premium:. S2 017.00 __ Bond No.: T0.02 12--8.5 4 CONTRACT BOND California Performance Bond—Public Work KNOW ALL MEN BY THESE PRESENTS: That we, Vernon Paving Company as Principal, and INSURANCE COMPANY OF NORTH AMERICA, a corporation organized under the laws of the State of Pennsylvania and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto City of Huntington Beach Ras Obligee, in the penal sum of FOUR HUNDRED FORTY EIGHT THOUSAND ONE HUNDRFD THIRTY SFVFN Ai3�)LLAK� (� 448, 1 37.72------ ), lawful money of the United States of America, to be paid to the said Obligee. successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. NOW, THEREFORE, whereas the said Principal has entered into a contract of even date herewith with the said Obligee to do and perform the following work, to-wit: Street improvements for Adams Avenue between Beach Eilvd. , and Newland Street; CC-776 Heil Avenue between Golden West Street and Silver Lane; cc-777 I A .':", O FORMv Gs C1'rY By. iDepu,y C]ty A}tor y as is more specifically set forth in said contract, to which contract reference is hereby made; THE CONDITION OF THIS OBLIGATION is such, that, if the said Principal, his or its heirs, cxCcutrrs, suc- cessors, administrators and assigns, shall well and truly do the said work, and fulfill each and every of the covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above iobligation to be void, otherwise to remain in full force and virtue No right of action shall accrue under this bond to or for the use of any person other than the: Obl,gcc n,uned herein. Sealed with our seals and dated this 18th day of October 19 90 VEI`�N PAVIN COMPANY Principal i 1NSU NC``EE�CoM NY OF NO -I'll P„ylFR1C'A B K GCr.. .` ` II, 1 amela L. Jac Attorney-in-Fact f 5-9722a Pta.in U.S.A_ i Insurance Company of North Amerlca� � � •°�� `� `ATTORNEY a CIGNA company 2 1-4,3 9 2 Know all-in by:these presents: That INSURANCE COMPANY OF NORTH AMERICA,a corporation of the Commonwealth: of Pennsylvania,havirig;its principal office in the City of Philadelphia,Pennsylvenia;'pursuant to the following Resolution,which was adopted by the; Board of Directors'of.the said Company•on-December 5, 1983, to wit: RESOLVED,That pursuant to Articles 3.18 and 6.1 of the ByLawe,the ratio wing Rules shall govem the execution for the company'af bonds,undertskings.recognizance&,tArttracto and other writings In thit'nature thereof:.; ;•;_ •. (1) -•.That the President,any Senior Vics President,any Vice President,any Assistant Vice President,or any Altoeneyin•Fect,may execute for end on behalf of the Company any`and all bonds, �S dsnakings,recognizance$.coniracte and other writings the nature thereof,the same to be attested when necessary by the Corporate secretary,or any Assistant Corporate Secretary,and the ' ''un in of the Company affixed thereto:and that the President,any senior Vice President,any Vice President or any Assistant Vice President may appoint and authorize any other Officer(elected or U appointed)of the Company,ind Attorneys-In-Fact to so execute or attest to the execution of an such writings on behaff of the Company,and to affix the seat of the Company thereto. (2) •Any such writing exeeuttd)n-accordance with these Rules shall be as binding upon the Company In any ease as though signed by the President and attested to by the Corporate Secretary. e, (3) The Signature of the President,G a Senor Vice President.at•Vice President,or an Assistant Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution,and the signature of a certifying Officer and the seal of the Company may be affixed by facsimile to any certificate of any such power,and any such power er certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) 'Such other Officers of the Company,and Attorneve•in•Fact shall have authority to certify or verify copies of this Resolution,the BY-Laws of the Company,and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any tardier authority granted by Resolutions of the Board of Directors adopted oft June 9, 1963,May 28, 1975 and March 23. 1977." does hereby nominate, constitute and appoint JAMES F. MURPHY, JEAN L. WILLCOX, EVELYN DENIHAN, and i r. PAMELA L. JACOBS, all of the City of Los Angeles, State of California------------------------; CL j N -------------------------------------------------------- each Individually if there be more than one `• Ae N named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION----- -----------------------------------------------DOLLARS ($ 10 a 000,000.) each, and the execution of t such writings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. U � r O > IN WITNESS WHEREOF, the said R. E. Giveana, Vice-President, has hereunto subscribed his name and N affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 26th s C day of March 16Q AP P... JED AS TO FORM:1 INSURANCE COMPANY OF NORTH AMERICA en �'' • C m GAII ,FJTTd t O O �iim\, AT i a Jil TGr ':aY m 0) .•• Tt. by O — COMMONWEALTH OF PENNSYLVANIA L-J' R. E. GIVEANS,Vice President COUNTY OF PHILADELPHIA Deputy`8-ity Attorne (M On this 26th day of March , A.D. 19 ESL , before me, a Notary Public of Cm the Commonwealth of Pennsylvania In and for the County of Philadelphia came R. E. Giveana, Vice-President of the INSURANCE '. r COMPANY OF NORTH AMERICA to me personally known to be the Individual and officer who executed the preceding instrument, and he E acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company: •` 0 that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution, cis �- tr adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. C ` IIIIIIf1IV,,TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year m \I W41M ri m. o '�,,,,,WW„�N„rrl,,,,,, �,,z NOTARIAL SEAL r Z`� Wj JULIA ANNA ROHANA,Notary Public y: Philadelphia,Philadelphia CounAL t Notary Public - � F — M Commission Expires August 20. 90 s ,Y� eri4 ki',Secretary of INSURANCE COMPANY OF NORTH AMERICA,do hereby certify that the original POWER OF ATTORNEY,of " ". whICK(p0• a ,W fu111.�Ne and correct copy, is in full force and effect.- t I. I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, this ��l)11111111�� 18th day of October . = 19 90 , / - • % .;; ,` -%-♦.;,^;•'Joins&:8:Wyllie`!: :: 7, -Secretary s THIS POWER OF ATTORNEY MAY NOT BE USED TO'EXECUT)_.AIVY.•BONf3;WI AN INCEPTION:DATE AFTER_ -MA1992 ;k 38.33 0ij'.Ptd,In.U.S.A. �•��f V�� ��//• .... \ij� . .♦.: = -- - i0smeier•eoarQ i JN1kINSURANCE COMPANY OF NORTH AIVIERICA PHILADELPHIA The Premium on this Bond is included in that of the Performance Bond Bond No.:.....To..02...12...85...a............................... CONTRACT BOND California Contract Bond—Public Work—Labor and Material KNOW ALL MEN BY THESE PRESENTS: That we, Vernon Paving Company Of 1100 E. Orangethorpe Avenue, Anaheim, CA 92801 , as Principal, and INSURANCE COMPANY OF NORTH AMERICA, a Corporation organized and existing under the laws of the State of Pennsylvania and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto City of Huntongton Beach as Obligee, in the sum of FOUR HUNDRED FORTY EIGHT THOUSAND ONE HUNDRED THIRTY SEVUFONI1sD($7448,137.72) for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that, whereas the above bounden Principal has entered into a contract, dated 19 , with the Obligee to do and perform the following work, to wit: Street improvements for Adams Avenue between Beach Blvd. , and Newland Street; CC-776 Heil Avenue Between Golden West Street and Silver Lane; CC-777 ATP_c0`J�D AS TO FORMN T):puty City Attor y NOW, THEREFORE, if the above-bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as i designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. SIGNED AND SEALED this 18th day of October , 19 90 i i ••-•--. Verno Pavi Com ny ..........::........ . ..... ................................. G Principal 1 INSURA COMPXMY OF NORTH AMERICA I . ....... ............. .. •--• ......................................... �! amela L. J c bis Attorney-in-Fact 1 BS-4896 Ptd.In U.S.A. .................................................................................................. POW" ER:OF ` Insurance Company of North America 4 ATTORNEY. a CIGNA company 214 3 9.1 L ":Know:i11'men bi► these presents: That INSURANCE COMPANY OF NORTH AMERICA,a corporation of the Commonwealth =j of Pennsylvania, having-its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution,which was adopted by the: Board-of-Directors of the said.Company on December 5, 1983, to wit: d "RESOLVED,That pursuant to Ankles 3.18 and 8.1 of the ay-Laws,the following Rules shell govern the execution for the Company of bonds,undertakings,recognizancec Contracts and other writings in the.nature thereof: (1) That the President,any Senior Vice President,any Vice President.any Assistant Vice President,or any Attorney-in-Fact,may execute for and on behalf of the Company any and all bonds. undertakings,recognizancea,contracts and other writings in the nature thereof,the same to be attested when necessary by the Corporate Secretary,or any Assistant Corporate Secretary,and the ' noel of the Company affixed thereto;and that the President,any Senior Vice President,any Vice President or any Assistant Vice President may appoint and authorize any other Officer(elected or, ` •appointed)of the Company,and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company.and to affix the seal of the Company thereto. (2) Any such writing executed In accordance with these Rules shall be me binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary. 3 (3) The signature of the President,or a Senior Vice President,or a Vice President,or an Assistant Vice President and the seal of the Company may be affixed by faceimile on any power of attorney ' granted pursuant to this Resolution,and the signature of a certifying Officer and the seal of the Company may be affixed by facsimile to any certificate of any such power,and any such power or certificate bearing such facsimile signature and semi shall be valid and binding on the Company. (4) Such other Officers of the Company,and Attorneys-In-Fact shall have authority to certify or verify copies of this Resolution,the Sy-Laws of the Company,and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Remolutions of the Board of Directors adopted on June g. 1953.May 28. 1975 and Match 23, 1977." d; does hereby nominate, constitute and appoint JAMES F. MURPHY, JEAN L. WILLCOX, EVELYN DENIHAN, and e PAMELA L. JACOBS, all of the City of Los Angeles, State of California------------------------ CL .� - ---------------------------------------------------------, each individually if there be more than one i Y O named, its true and lawful attorney-in•fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, cundertakings, recognizances, contracts and other writings In the nature thereof in penalties not exceeding TEN MILLION----- L_ -----------------------------------------------DOLLARS ($ 10,000,000.) each, and the execution of C: � such writings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,as if they had been duly executed i and acknowledged by the regularly elected officers of the Company at its principal office. V (D O IN WITNESS WHEREOF, the said R. E. Giveans, Vice-President, has hereunto subscribed his name and _ affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 26th Co `. ..,^ day of March 1�0 APPRCVFD AS TO FORM:! INSURANCE COMPANY OF NORTH AMERICA CIS O L GAIL HUTTON O CITY ATi R rY ' ty by CCOMMONWEALTH OF PENNSYLVANIA By: R E.GIVEANS,Vice President � COUNTY OF PHILADELPHIA nnrn)t;� C..- Attorney � m On this 261h day of March , A.D. 19 90_ , before me, a Notary Public of C the Commonwealth of Pennsylvania in and for the County of Philadelphia came R. E. Giveans, Vice-President of the INSURANCE Oc COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he E acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; O � that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution, `•- 16- adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. V ttllllff10 TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year CIS aNOTARIAL SEAL L Z� '• JULIA ANNA ROHANA, Notary Public AL) y:; Philadelphia, Philadelphia Count Notary Public _ = OF My Commission Expires August 20, 90 der�,$,pf,Se`7etary of INSURANCE COMPANY OF NORTH AMERICA,do hereby certify that the original POWER OF ATTORNEY,of which( of"le y,ir full�.t?ua and correct copy, is in full force and effect. 111e13f, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, this 18th day of October 19 90 jjjji ' James S.Wyllie ``:':'-Secretary, THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND,WITM AN INCEPTION DATE AFTER, •May .2`i ,1992 +s ti :. �. �;.,'.. . ,..i. ,�- :,'.'•�''� •_ lit BS•33363a'Ptd. In U.S.A. •- wa.wn:�.�1@ min, -l-� '`'• a..��.t` ,:��� �i•,•�: ��,��:i Hl�, CITY OF HUNTINGTON BEACH E 3 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 20, 1990 Mr. Kenneth Sipe Vernon Paving Company 1100 East Orangethorpe Ave. Anaheim, CA 92801 RE: Construction of Street improvements for i{eil Ave.—btwn Goldenwest St. 5 Silver Ln. and Adams Ave. bts.n Beach Blvd. & , PROJECT CC-777 CC-776 ...---- - --- ----- --• -- ---- � ;lowland St;'- - -- -- ---- Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. the Declaration of Satisfaction of Claims and the Certificate of Compliance form V--US- BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO 1HL RELEASE OF RETENTION iUNN S. In addition, the following item must also be on ;'ile, with this office before the City can release any retention funds : A warranty bond guaranteeing the final amount of work and materials for one year. If your perfonnance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds , please call Don Noble , Contracts Administrator, 536-5441 . Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance Telephone: 714-536.5227) DATE• Tuesday, pt�r 25, 1990 2 p.m. �erj'%+ . 7�'T� —� ENGIN; �SE STIMATE: 491,554 K RECEIVED BY: T easurer s Office / JOB AND CC NUMBER: ADAMS AVENUE between Beach Boulevard and Newland Street; CC- 76 HEIL, AVENUE between Golden West Street and Silver Lane; CC-777 BIDDERS NAME TOTAL BID AMOUNT 1. All American Asphalt y�3 6-2 2. American Landscape 3. Associated Industries 4. Byron L. Crume 5. Environments West 6. I,sp�srza Concept 7. David Evans and Associates 8. Excalibur Contracting, Incorporated 9. Excel Paving 10. Gr i f f i th Corrirany S_ ' c f lf� 11. Kato Landsca 12. L and W Engineering 13. Manhole Adjusti�qq Contractors 14. Modern Asphalt, Incorporated 15. ^ R. J. Noble CcrTany _ 16. Pavement Recycling Systems 17. Ra re Electric Contractors 18. S. and M Landscape 19. Shawnan Co ration 20. Silvia Construction 21. Siroc ' 22. Patrick Smithson Electric 23. Steiny and Ccmpany __ ^ 24. Sully-Miller Y 25. Vernon Pavin `7' 26. Vulcan Asphalt ��• Moore Electric Premium—Nil Bond No.0372243 GwWff Ah&R1C-%N INSURANCE COMPANY KNOW ALL MF.N BY THESE PRESENTS, that we, Silvia Cosntruction, Tnc. as principal, and the GREAT AMERICAN INSURANCE COMPANY- ;I corporation cxist)ng under the laws of the State of Ohio, having its Adnimistrative Office at 580 Walnut Street, Cincinnaii, Oilin 45202, a, surety, are held and firmly hound unto, City of Huntington Beach as obligee, in t1le penal still, of Ten percent of amount bid. DOLLARS ($ 10 lawful inoncy of the United States of America, for tilt• payment of 'which, well and truly to be made, we bind ourselves, our Heirs, execiltors, administrators, succeN,;ors and assigns, jointly and severally, firn)ly by these prescnts_ SIGNED, sealed. and dated this 28th rl;3L' of August WHi':RI:AS, the said principal 'i s !lerewilli mit)MIltin;; z proposal for Adams Ave (cc-776) Heil. Ave (cc-777) NOW, THEREFORE., the condition of this obligation is such [hat. 0 the sand principal "iiall lie awarded the said contract, and shall within Sixty ! 60 1 .IaVs .ifte) rL,cen)ne noticc cif such award enter into a contract and give bond for the faithfid performance of' !lie contract" Men this obligation shall be null and void oilierwise the prir!cip;rl and s(rrc•IV Will 17ar nnti) 01C OhllLee the clil'irrcncc in money between the amount of the principal',, bid and (hr :11110tIn1 101- Whiclr tilt! 111111eCC nlav IrLally contract with another party to perform the work. )f the latter amnun( I•r in rxcrs� of ii1, 1'Oi!11cr: but In no event shall the liability hereunder exceed the penal stint li rcof Silvia .(;00tr.ur.r. i.c!n,:-Inc . GREAT AMLRICAN INSGKANCL COMPANY . ; 1. ------ David L. Culbertson F_9116K— (3/82) (gio FoRM) GZW AIVERICAN INSURANCE COMPANY The u mber of persons authorized by this power of attorney is not more than No.0 13216 Six POWER OF ATTOR.YEY KNOW ALL MEN BY TfiESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name,place and stead to execute in behalf of the said Company.as surely,any and all bonds,undertakings and contracts of suretyship,or other written obligations I the nature thereof_provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE DEBORAH HILL CALIFORNIA This Power or Attorney revokes all previous powers issued in behalf of the attorneyts}-m-fact named ahnve IN WITNESS WHEREOF the GREAT AMERICAN INSURANCF COMPANY has caused these presents tube signed and attested by itsappropriateofficersand its corporate seal hereunioaffixedthis 8th day of May In 90 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO.COUNTY 01= 11AMILTON — ss On this 8th day of May, 1990 before me personally appeared WILLIAM J. MANEY, to n1e known, being duly sworn, deposes and says that he resided in Cincinnati,Ohio,that he is the vice President of the Great American Insurance Company, the Company described in and which executed the above instrument,that he knows the seal.that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOI_VF_D That the President, the several Vice Presidents and Assistant Vice Presidents, or an►•one of them, be and herehr rs authorized, from time to time, to appoint one or more Atrorneys•In•Fact to execute in behalf of the Company, as suret.v. any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. to prescribe their respective duties and the respective limits of their authority,and to revoke any such appointment at any time RESOL VF.D FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed hr facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, wrirract or sureti•.ship. or other written obligation in the nature thereof, such signature and seal when so used being herebv adopted bi, the Companiv as the ongmal signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONAI.D C 11AYES. Assistant Secretary of the Great American Insurance Company,do hereby certify that the foregouig Power of AttorncN and the Resolutions of the Board of Directors of August 20. 1979 have not been revoked and are row in full force and effect. Signed and pealed rhis 28t.h day of August 19 90 51019M t03/901 CHUBB GROUP of Insurance Companies r� CHUf8tE3 i:'n.ii 'w) `-1�-,% {zf's�. P U 1�n' 1(11:) 1 FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, cel Pau I n3 comPctn Y (hereinafter called the Principal), as Principal, and the FEDERAL_INSURANCE COMPANY,Warren, New,Jersey, a corporation duly organized under the laws of the State of , (hereinafter called the Surety), as Surety, are held and firmly bound unto lndlan� Cl�'y O� (hereinafter called the Obligee), in the sum of Ten QC(_cea-t- 4 i�') , to_' c{mcw()� Dollars ($ 10/c ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 29 day of �qus+ A. D. nineteen hundred and 111 net'V WHEREAS, the Principal has submitted a bid, dated Se��embec 4Z tgQO for �{ ac[no and; 1-eC0C\5b-ur_t1on on 16oim5 �VentLc be- weCn $leach V\,d. ana Rew; an(J S.. (X -' 7�) Qn(A Aeil avenue be wcen Golden West and lWer Lane, ( CC.-777) In 4v, Clay o� 14unh„)r+On &--061 AH FP Pro�eck5 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a con- tract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to per- form the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. _EXcel %\Jinq COMeCt� Prin ipal By: C. .-Brows~ President FEDERAL INSURANCE COMPANY i . By beV.3 0 Q. 4Zapp i�orncy in Fact Fam 15-024007(ABr. 7 QR14TED!) ?-r2362[2Su] - _ U.T. rvYYCr1 ur Hi iuriNtY Know all Men by these Presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road. warren, New Jersey, an Indiana Corpora- llon, has constituted and appointed. and does hereby constitute and appoint Robert M. Minot, Martha J. Chase, Linda D. Coats, Doug 1as.•A;%�Rapp and E. S. Albrecht , Jr. of Pasadena, California---------------------------------_ `i each its true and lawful Anorney-m-Fact to execute under such deSlgnatlon In as name and to affix Its corporate seal to and deliver lot and on Os behalf as surety thereon or otherwise. bonds of any of the following classes. io-wit 1- Bonds and Undertakings(other than Ball Bonds)filed In any suit.matter or proceeding In any Court.or filed with any Sheriff or Magistrate. for the doing or not doing of anything specified in suCh Bond or Undertaking. 2- Surety bonds to the United Stales of America or any agency thereof.including those required or permitted under the laws or regulations relaling to Customs or Internal Revenue:License and Permit Bonds or other indemnity bonds under the laws.ordinances or reguratlonS of any State.City.Town.Village.Board or other body or organization,public or private:bonds to Transportation Companies Lost Instrument bonds:Lease bonds.Workers'Compensation bonds. Miscellaneous Surely bonds and bonds on behalf Of Notaries Publ.c. Sheriffs. Deputy Sheriffs and similar public offtcrals- 3 Bonds on behalf of contractors in connection with bids. proposals or Contracts to whness whereof-the said FEDERAL INSURANCE COMPANY has pursuant to os BrLJ"'s caused these presenn+o be signed flay in Vrce Prail4ent and Assistant SKnwry and as Cor0orate seat +o to henalo art'-Go this 1st day 01 May 19 90 Corporals Seal `C'Sv�A YCFc ..�, r 'L�.; �•Y FEDERAL ik$uRANCE COMPANY o _ By H Alb•D ones°' - Vrce President Assaletant Secretary STATE OF►sEw yERSEY ss r County Of Somerset I C On I" l S C day d May 1990 be Fos rM Derw"ny time Rcnaro D O Corlhor a me■na.n amd by me kno,-n to a Asswar+t$ersury a rho FEDERAL fNSURAMCE t COMPANY.the Corporation dascnboo m era.rAiCn a•Kulea the to+ego'ng Plower 01 A-10rney and rho sac R{h4r0 0 O Connor being by fry only s-on 0'0 depose and fay mar no IS A.S.fytam SeCrrary of the FEDERAL INSURANCE COMPANY a„a.m.,S Ins Corporate seal[hereof Ihal the seal 81411e0 10 Inc torego.ry Parer of AI!dtney rS f Yh corporaY seal ana was tharalo art.red by Suth0thfy of the Brut s of satl Colnpariy and[hat he sign"said Po.*,Of Ano.neY as Asf'slam Secretary Of said Company by late aulhy.y antl Ina:he Is acquainted-in James D O.son an0 kna.S ntm so De fry V(-e P1y4en or Said Cor pary. and treat the srgrylure of sea James D D.-on suoscrioaa to sad Pv..er d Anorryy rs In It*genuine nanarrnarlq or sae James D Dixon ana was More*fuDSCnbad by authority of Sea BrLJr+s and in oeoonerr s Dresoned, Notarial Seal I[kn ke e— dged and S.Q,n t0 betwe me T.pq� on roe ace artob-ripen O E' NOTARY orQar r G r.r NIC(Y4 TTE T. PASCULLI h'o:a,y P„01c Pl1U�IC � _ �• CERTIFICATIorr �a,.a�y PL64ic• SrS10 of Now Jersey ��t•. 4` No_ 2066518 SIA - ERSEY ss COnenlsslon Expires Oc'obcr 2. 199A County of Somerset I Ins vnder%-gA90 Ass•srant Secretry 0r the FEDERAL INSURANCE COMPANY-oo gyro Co,hfy$real try lollo—g IS a true e.[erpf bbm the 9r LJ+.S 01[he said Company as 90001"by'o eoarb d D'rsoon on March 2. 19%r+a that inns Sy La—.s'n.V1 force and enrct ARTICLE xvlll SeClron 2 All Wn0s. undertakings COntrapt ana aher Instryinlnls ocher than as at)"lot and on behalf or the Contrt& y wPxh d H aumot.red by Ian'.or as charter to a.Kbte may and shall be o.ocure0 In the memo ano urn bahall o![he Company silty,by:he Cnalrman a the vice Cnauman or the P,e$Cenl a a vice P•aStlent o illy,.IIh mp SKne!ary Or an Astytanl Socwary unoer Me.,respear des'gnatgns_6Cep[trial any one a m0'e O+tCels D'auo—CyS In tact Oes'gna!e0 In any resclu!•rin d:he Boare d O'repon of Inc F,eCv[Le COmmHlea Of in any pose,Of anorneY OtOCured as pnortloa ter rn Sectan 3 belo'rr may e..CVle any such Bono undenaktng of 01mer obb9a-an as pre..'cea'n Such tesoivl.on or poi.iir or allpr.ney Section 1 All po—nd ehemey for ano on pehalt ef the Company mar antl shall be e=xutee In I.•y narne artl on Ler+a+r d[he Company a Ihe.yy 1tk Chairman on Icy VCS Cnar,nan or the P,y4en or a vu Prssaly-t or an As%,stan[Vice P,esrderw 1p,ruy,.Iln IY secra[ary a an AsstsLam Sscte!ary_under Inert resnrr„.e oesgnalions The s�,nawre or sucnon con may be angraved-pr.nled o III',ograpne0 'rie synaturo a earn or Iry rouor ttng oR'Crn Cna'rman V.ce Cna.-man.P,e$tlenl arty V'<o Pres-0lnt.any A.s•SLanI V[e Prraioen arty Sec,eLary any msrsla-SeCne'ary antl Ine Sean of the Comparry may be a^'.ea eY la:-S.—M to L'y pa.•a'r or anerry.y or so airy Cart'l.c ale'ela:.ng I^eret0 a Kx).nn rng Ass's:anl Secre:arlS a AAGrneyy-n r act 101 or.ra»es[fry Of e.Ku,Inq Jrtl ant sing bones and..rido rta.-gs M^pS -9 on n he nary m rnd aner.. oo! r I lr'e,sor ana any such po. F d arlp,r Or ce^'IKAle:Yat.ng suCn QC—do s-gnature Or IaCS•m.Ir seal snag De vela ana 0-nC•n'g,.;, ..ins Comr`any ana any such,o..er so a.r Jlra am ct W ou py sir h rb:S—y signature and lacs'm re seal shall De wale anon b.nd'ng sore Iry Company.1n respaa to any Deno o,w•xna•mq Ip..n.ch Ir S acu heo- I lunry+CMdy[hat tree FEDERAL IN$URAS+CF COMPANY'S Cult It(anaep IO Ira nSa?I-0l41y one Sun elf W$'MSs.•n aJCn ry Ih!,,I ale$dine Unaec Stace$Or Ame,{a Dsrnc of Cdomb a Pre-'A n� am each rr iris PranncesdCanadawanthee.CSP'a^CrPtmcel,C�a•ulayn0 and'taI$OOu1y1'CenSed1ODOCO-f$Olesu'elyO"L�tnd$ bnnena.'r'gt nc_perm'.'-rtlur,rrqu..eftbylJ+ I.the un0orS.9ned Ass.suntSecrotasror FEDERAL INSUPANCE COMPANY Cohereby Canllythat Ine IO'egprp FOC. F 01A:!;rrrY rim lull 10.ce amp anal Given Vno�eyrmy ham ana via semi o+sa,oCot•,panyalwa•ren N Js.ln - —.-29--- ----diye`—August 9 90 -- - -- Cal . 1 CL.. r A . 11 a Aaalaunl secs Lary Ire AT4 FOrm21-10,03431Rab 4 907GENERAL iris SEABOARD SURETY COMPANY n < - ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY PROPOSAL BOND pRE11INO: INC046 (16611 ) Xnnw all fern bg t4rar f resenti: THAT WE, SULLY-MILLER CONTRACTING COMPANY as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto the City of Huntington Beach , as obligee, in the sum of ten percent ( 10%) of the total amount of the bid in DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 25th day of September 19 90 WHEREAS, the said principal is herewith submitting its proposal for Resurfacing and Reconstruction on Adams Avenue between Beach Boulevard and Newland Street, CC-776 and Heil Avenue between Golden West and Silver Lane, CC-777 THE COND1TION OF Tl3'E' ABOVE OBLIGATION IS SUCII, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the Said work if the iatter a►nount be in exc;esa of the former; but iu no event shall the surety's liability exceed the penal sum hereof. SULLY-MILLER CONTRACTING COMPANY Principal _._. . - - -- ..._._......._ ........ ._ rge hi. Lubarxo.— , Assistant Secretary SEABOARD SL RET COIIAP 11 Y By.. For— 136 Irene Lau, Attorney-in- act Certified Copy SEABOARD SURETY COMPAINY No, , 10323 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY 4 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has made, constituted and appointed and by these presents does make, constitute and appoint Paul C. Hughes or Irene Lau of Costa Mesa, California Its true and lawful Attorney-In-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and other instruments of similar nature as follows Limited to the amount of FIVE MILLION ($5 , 000 , 000 . 00) Dollars. Such Insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, snail be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal,and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby rat;fled and confirmed This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th 1927, with Amendments to and .r;cluding January 15 1982 and are still in full force and effect ARTICLE VII SECTION 7 "Policies,bonds,recognizances.stipulations.consents of surety,underwriting undertakings and Instruments relating thereto. Insurance pol,c.es bonds recugn•zancos stipulatiors,cnnsenis of Surety ar- underwriting undertakir:gs of the Company,and releases agreements and other writings relating in any way thereto or to any claim or loss thereunder,sha'oe signed in the name and on behalf of the Company (a) by the Chairman of the Board,the President.a V.ce-Presiaent or a lesident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary or a Resident Ass,stant Secretary,or(b)by an Attorney-in Fac' or the Company appointed and authorized by the Chairman of the Board,the President or a Vice Presrae,,t to make such signature or(c)by such othe, Ricers or representatives as the Boarrf may from time to time determine The seal of the Company shall if appropriate oe affixed thereto by a- such officer,Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPA' Y has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this -21 st day of ,-- July 19 -- 88 �le�S'�FTrCf Attest, _ SEA RD URETY COMP Y, r, 192 7 ��}},, ,, V�fFor,xj (Seal)O a- By Assistant Se rPtary ice-President STATE OF NEW JERSEY ss COUNTY OF SOMERSET On this 21 st- day of - -July 19 88 -, before me personally appeared Michael B._ Keegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn,said that he resides in the State of New. Jersey ; that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing instrument,that he knows the corporate seal of the said Company:that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of said-Company by like authority. FELICE M. CATALANO (Sbal) NQ1sf`+RY PUBLIC OF NEW IERSEY � 1�ip,Commission Eq. ,tune 4, 1991 NotaryPt,olic i. • ,,. E ;'r CERTIFICATE ti r `—•t�e ders'gnedAssistantSecretaryofSEABOARDSURETYCOMPANYdoherebycertifythattheoriginalPowerofAttorneyofwhichtnefoiegoingis ~' utt,-0 ndcorrectcopy.-sinfullforceandeffectonthedateofthisCertificateandIdofurthercertifythattheVice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VI I,Section 1 of the By-Laws of SEABOARD SURETY COMPANY This Certificate may oe signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970 "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII,Section 1, with like effect as if such seal-and such signature had been manually affixed and made,hereby is authorized and approved IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this ol��g*Frr�n 25th day of ------ .......-.-..Sep:G.ember........... ....... --. 19 90 1927 N� * Q� - --_ _ _ = --•--- - -- - - - sistant�S ary _ orm ev 84) F t)I e;if. 'It I— Y,Wt`1' of th i'o:jer cf r1t• 'n• :�.. � i, co;l",,- !I. .;!,1;; r -„ ,. - . r ,. •i ,,:� 111t, �tfu,tf-,}, .'.;'i ,. - , ;n cn ne INDEMNITY COMPANY of CALIFORNIA BID BOND w)ui t rjO_ 50103-41 Pit I.rAIIJrA. Iflt;1 UI)I.D I:r)(M At I MI rJ I]Y I III Sf- PRUSENIti. IN fill) t]crJl) tit rlvl(;F- r„ Gxcalibur Contracting,Inc. - `� il,al, and Ir11)F rorlr I Y (1)MI'ANY ill (:AI IfORNIA, R cuiln,ratiun dull,urirt,rl In Ir ,rr,..n.1 3 rptncral Stnr(y luisiirr.ss in Ow !;I-IIf, nl (:.illlnn,ia, ;r5 `;urrly. art' I,r'1d earl firmly Irt,unrf nrrtu City of Huntington -Beach _. (111.14,inallr, called tl,e Olrligctaf (if ill Iltr, Itrll ,r, l ltrct trnr, rtl Ten Percent of Amount Bid----------------------------------_— ' Il.ilrars, ($ 10% of Amount Bid) ftlr ilie lrlyrY,ent whernnf irI lawlul money of Ilto Flnift'rl `italrS, we blind ltursrlves. nur raj Iwif%. ndrnirriglr,1lr,is. .`xf,etr(nrs, surr:essurs enrf assi(ns. juiody aril! severally. Inrnly I,y Illese I)rr•ser,ts WII I'll I At-, IIu• sn1.1 I'll IIJ('IVAI It;,S Snlnnilrr(1 11,0 :rcCnlnlrpnyinil l III l ln, 'rRe.con struction and 'Resurfac-inB of Adams Ave. and Heil Ave.." . _ 4 N( W, I i It I(F[ OHF:. it Ilrt• said Coll lr;Ir.t he timely a.Jall :d To the I'rint:ip'll alit] the r'rim dell sl,,rrl, V.Ilion Suj_l, tlrne ,Is y I,t• Slrr.Alircl, 1rn r , t t , 1 r[ l kr i I . I, r ri..tr..r .,1 Ilrn saif(...,ntror (, tlr.en Il,is nI,FItllliun ,.hRll I,C vuitl;UII,CrwISe lu rCn,ain In ftrR filler ,ntl rrll.4_1 }�7� 'atlnr,l :,,,.i `✓ .ilrrl tilt,. 12th cloy [if ScptL'i?lber 1f1 90 INUI= MI i Y ) A t:111 OI]N1f1 r Excalibur Gontracting,rnc. / By. I'' "�'I'•'' Michael A. Quzglei L POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA N-0 051036 AND DEVELOPERS INSURANCE COMPANY p O BOX 3343.aNar±Elrt",.CALIF 52803 • (713y yq9 1471 KNOW ALL ;Jr 1•IESE f'H S-:Tj. I'1:I1. c-Lop! as e.lxesslr ;;•ldtd INDEMNITY COMPANY OF CALIFORNIA rind DEVELOPERS INSURANCE COMPANY.du scv.-ioly.h,.t not:;"iv-lr.hPrrt I,al•_- zvma hnr•acid appn.nl —MICHAEL D. STONG, MICHAE:L A- QUIGLEY, CARRIE L. PRICE, JOINTLY OR SEVERALLY' tie:r.,e.r,0 lux' .AI[J"Ivfi�:.:1 :o a4 P,r.rCt,te-dv:at-,1. ,1 A•-:-,7w e.(I y•• `o' :fin':du3il C eel n("-'S:a.^.Gut PUr al:)ly.:S SJ;_':Ir S.c:�a[1, u',::•' Id4 rlu•,.,r•J r0,: .:r:c r.I SUIefY%!,.j)In A.,a'n')u-):riot P-ft%�:-:'r,S. 5v0.000 it.a',-;:Ingle-.I dr'''ea n9 91v 1q and ;ald AIt:r(.:;fsl-u• F.,CJ'uli pc..or-.-)J Fr�l•u..I[r ('•��nJ 10l:nrinl'• every::C: rle(.eSSa1y 'r?f;,.ISI:,•Jr t:f tel:, In:1��'n',._1n G::'I-IecI Or'rh?rrwi:r aS U•3(.:::]r S:r(1[�:'Fi•:;.r li�;'c r,il.(1 U;, h.l';,•ti•_', %1` :)I' (:l (,I<l"1-'•:(,.,r.,:i:7::5'till lli..a. IIor.. ar(I a:n: 11`P:.'.IS')t Sai(: %::01r.`yi Si-.:i-riir,t.pur5.131l:n'I,CJ, lire'en:S.we:)P'eh, Ia'i'i(•f!i,r t c-)[ir••.E-u I r., .+.-Id Uu'+,erS:'_r'E•,P::I :.-I PJv,E•r o'AllnrnP.,dP•r ul t.[r•.o IC an:r,[-1:'711:•r:1.9:;a,.nS ::dr-:1.,•�i as o'[^+I•:.-rS::P 5.1r.�IVSr•;: n;:r'• ;:ehu_r.a-. hunt.. -.,.:IY:-r,P de.IlCu.nrr c:r.nds rr-urlgagr q.J.,rr,n15,'t:_n0, 1„1 a(a o' umPr1:,q:er IV"Ic;;u.,..I-u,•c uc.:vs.h(�rc:_,n-)•.n.I•c I•n,ril,I:u•:-" Ic;ts+ h.i'u;y �r.c.,•::-,[.e,.z:n;-: -a,F,hf):,1:-^na•. se:I-Ir Sl.rr-r t hur.,Is I or I, Lo y(:5;.:b 1 I I:C�va 'h•s 1)UWPf n:%•nC•• 1•:,:S gra .:•_.: - ,. ,grie .--,,noe, trio h) :u,r1�,•It,.'I•,r IC,+,"i(1•ryclul'Joe,:w,p'e(;by II•,_It Sllr,a':,:C')w(:5,'l)• !cturs q'INDEMNITY COMPANY OF CALIFORKIA ;:DEVELOPERS INSURANCE COMPANY, OF•; R SOLVE_ :n.-::I'u-0P 1.,-'::;:_,1"•.-!.roar,I.11l:.rrng.d.•nt:J1(fan�Vik;I:I;ESL:,mrtor11Pcn;J,:'anri)h" .i��•;Thal,:d:'IG1'.^e11,',e'PbV:S.':U:1Gfll;rr,III (1-i?rse1 ot-I l d yin(l I hP..a:)rr r.,Sl nain,•,: : [-n n%-To rly:J P.em,le rr Ue.1-iI o'i-IC;:or;:r:Ilu".bC')At. 1.1 p.:•:,-k­us ar(IC;,I-r-:•_•c_Y5,.:r[;.i ;• :U'o that ln,'.]eCa:afy G•.?n.%,csls tanr Se(:'E'[a r. n'I'I :.C:p.:ra:.:::J:-.h1.1 C':,Y..�.IhF!,1•I'C'ren/.t,.t.!:I l::Iw a::I...:IIE•y•I'Ir•,x,-C�,:0-1 nI., 1"t n fln-r,_'r]:All•:'ric, RESOL`:E:� r'-:RTl-icli.rn-.cu;1Ive�u: .I;.hr;Il�Crr�r^ay!:r,t1': .,7IG , h 4 c, "Stic '�,E: J'1in1'1eyn,:.)a-�yl,•_'a11CaIrlel.elrlh^'ei, p• t)vI,iwni ..i;.d� 5j r1v(r Pc)wc:u::-.r[Cr. f ey Or ce':,'Ica:e bvA.11al s_Ch f­s mi h 5Ig`:i:r.•c5 shG,.t.,tv.I.0:,r.rJ hlmhrly u:> -, ^:,-:.u',;�'.,I un whir cq::"I.ed ine n:ht•h,',.•C( ih lesi`ca 1,:ai-y I�uri� .:vdertal,int;u'cOr•'r,icl n7 S,•'e:yShq)IC s•)L:h C SIN WI TNESS'. :•f;HI.�F.INDEMNITY COMPANY OF CALIFORNIA.:nc DEVELOPERS INSURANCE COMPANY I:Ive Se-rerallj(::need-:•ycr p•eSeWt,:o:,e S qnt:(:by Ilic-•(•s,;i:C- hve F'r(b.JO(nth.ar(;al;r-tilt:d t-'z e: (••sSJC::1.e ieCS M-1'utS Ellis?',::a•,t:,I .•, t.w,. l4r_^ . INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 1 ��_-.. 3_ f /IIl�Y "1+� 1��g'<t�.--- G,:r:l'd A J.'._'%!yrd u.�ru IdenI GPrald A S.l.l"a QE'dl PTeWent /_�k4CA���n A:T- ;T . �F IIA2 By harry C '�'J:,cl'- PC.'r+la•y 4.::1•}�: C.ruwe i,5••.,.:ary STATE OI'CAI_.r'_1:1n A I I ,5 C OUN'.I Of C:1;',GF 1 On Januw ? 19�-0 be'a:P;ne I-e ird(Irs tined. a Nm.'Iry P.Jt)IIC in and To. So d ;S?,tie. pe,s:r-al.,. appears(; Ge-f:11❑ A :trio ria•ry C Unwell. S)PrSOnrlhy k',own to r-e tor provr:(JIome or.[lie bzjsiS-,Isa)is•acIoryPtICe.iceitUhel.nepersor:swhoeattiUtPdl.viv 1--,Insl'umen1asdie51onnr,InC-`i.?Crrt.,1y:)-Ih,rna.to' nder nilyCOmpa'lyofC,t6'urn,a aro es P,aslJwi!i3nO SeCretar,o„behalf(A Oevelopels I',s.Jrance CO'r,)any.the Corporations ih,?:Pul na-ied,and ac�now'Iedgerl to me ihal Il)e cor(>7•alionS e.ecuteo it N!t 1 NES`.I:'f'tand and 0",C:et cr::,- '// a•' °� OFFICIAL SEAL Y17 �,j.�a, r• VIRGINIA M_ 10UMAH Slgr.alllre ..._ - _ NOTARY PUBLIC CALIFORNIA Nowl'y PubhC IY� ��� PRINCIPAL OFFICE iN / ORANGE COUNTY My Commission Exp Apr. 9. 1993 CERTIFICATE 'hu t,ndefsigned. IS Vice PrPS-dent of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby Cerlity that the foregoinq and atlacned Power of Attorney re.'na Iris m full force ay.o has not bee'1 revokod.and f,Jriner.'nOre.that:he provisions nt the reSoluhnn5 of the raspeCIiwe f3olids of Cirec:OrS Of said corpO:alions Set forth In the Dower Of Attorney.are in farce is or the date Of[his CertihcatO This Certdicate is Pxc(,uted:r ins City of Anaheim.California,this 1 2 Ch tlay of September INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY �v.krr �,,:c�•S� o°/pFCI O 7�(, By - - �-�-- -- ; O.ti A t BY L -� - —�... L, r+,a 27. o L G F.OLIgor W ± 196T L C F,ablger a r Senior Vice President � /rFOIL��:/ Senior Vice President l\\\ r'a.• r J W iD-31011EV 12/89 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMFaira FI RST NATIONAL I NSURANCE COMPANY OF AMERICA HOME OFFICE:SAFECO PLAZA SEATTLE, WASHINGTON 98185 t3uNu #Sb173�� BID BOND Approved by The Arywicso Institute of Architeeta, A.I.A.Document No.A-310(Feb. 1970 Edition) KNOW ALL BY THESE PRESF.;VTS,That we, ALL Ar' EKIc_AN kSPRALT as Principal.hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF ANIERICA, of Seattle, Washington, 3 corporation duly organized under the laws of the State of Washington,as Surety,hereinafter called the Surety,are held and firmly bound unto CI't't OF rtUNT1iQG;rUN Ltr.tit]l as Obligee,hereinafter called the Obliges, EN k t;KLk::�`1 iJt `"'k PU'Prit. t31u in the sum of _ _ _ Dollars (S lu! ul i iL,) for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs,executors, administrators, successors and asskgns.jointly and severally, firmly by these presents WHEREAS, the Principal has submitted a bid for t<LCL.)NbTBL t TION Aial) KL.St1r IFA CIIVG JF fil)Af43 IiVL it Ht'JL. kVt:. OPLNING d1D: 9--17-90 A"0W. THEREFOR-. if the Obligee shall accept the bid o, the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bends as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Pr:-tc,pal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee ma} in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this - -�t'--u -'- day of 5at'`1 E`risr''< 19 �u i t i,..L �,i•:1 H!l:s!` ,,ti P1!i+i.'i' _ (Seal) l _ Principal I _ =1 Witness I 4 Title j SA ANY OF AMERICA Witness --" Attorney-in-Fact s 5-34 A6 1J75` — POWER SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE:SAFECO PLAZA OF ATTORNEY � SEATTLE,WASHINGTON 98185 SAFECO No. 9164 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint --------------------------OWEN M. BROWN, Anaheim, California------------------------ its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business. and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 1 1 th day of May 19 89 . CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V, Section 13 — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. . . On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal.or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the validity of any such %instrument or undertaking " Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws. and (ii) A copy of the power-of-attorney appointment. executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof.'* I. Boh A Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued Pursuant thereto, are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are stiff in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation ` this loth day of SEPTE,MBER 1990 Lr .r_,.5, i. 4 r 5.1300 AS 3/86 PRINTED IN U 5 A. BOND NO. U953378 PREMIUM -NIL- RELIANCE INSURANCE COMPANY ' HEAD OFFICE.PHILAIDELPHIA. PENNSYLVANIA BID BOND KNOW ALL MEN BY THESE PRESENTS. that we GRIFFITH COMPANY as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia. Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania. as Surety, hereinafter called the Surety. are veld and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee. hereinafter tailed the Obligee. in the sum of TEN PERCENT OF THE AMOUNT BID---- Dollars (S 107 ), for the payment of which sum well and truly to be made. the said Principal and the sa!d Surety, bind ourselves, our heirs, executors. adminislrztors, successors and assigns, jointly and severaliy. firmly by these presents. WHEREAS, the Principal has submitted a bid for PRO-JECT NO. CC-7 7b AND CC-7 7 7, A.H.F.P. PRO.JEC 'S, RESURFACING AND RECONSTRUCTTON ON ADAMS AVENUE BETWEEN BEACH BOULEVARD AND NEL%TLAND STRE:F,T, AND 11F:T1. AVENUE BETWEEN GOLDEN WEST AND SILVER I.ANE NOW, THEREFORE, if the contract be timely awarded to the Prrncipa' and the Principal sha'f wilhin such time as specified in the bid. enter into a contract In wrItrig and give bond with good and sulficient surety, or, in the event of ine failure of the Principal to enter into such Contract and give such bond or bonds: if the Principal shall pay to the Obligee. the difference not to exceed the penalty hereof between the amount specified in said bid and such laiger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid. then th-s eb!igatior shall be null and void, otherwise to remain In full force and effect PROVIDED. HOWEVER. neither Principal nor Surety shal; be bound hereunder unless Obllgee prior to execution of the final contract shail furn•sh evidence of financ!ng in a manner and form acceptable to Principal and Surely that financing nas been firmly commuted to cover the entire cost of the project Signed and sealed this ._ I I'I_H das o; SJ P'i'E:'[riF.? _ 19 90 _ r GRTFFLTl1 COMPANY — - ess) — -1-- IFnnap7l; -- — Ise.-III THOMAS L_ POSS DISTRi.CT MGR RELIANCE INSURANCE COMPANY BY: -:u"t�Cx�� t c t r�.� �.-.)LCti.F - (Attor�y-n-F;iCti ! WE:NDY BEZUiD�N1fOUT 13aa-2323 2190 GRIFFITH COMPANY RELIANCE I CE COMPANY HEAD OFFICE,PHILADELPHIA,PENMYLVANIA POWER OF ATTORNEY KN ALL MEN BY THESE PRESENTS, Test the RELIANCE INSURANCE COMPANY,0 tarpiaation duly organized uncles the lam of this Stato of PanneytvMhia,60 11 harebY tneka,mrrtitWta and appoint WENDY BEZUIDENHOUT of RIVERSIDE, CALIFORNIA ----------- Rs trtA and Lawful AnanaY•in-Fact.to►*take•execute,deal and ddivW for and on its bohatf,end as its act and dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP --------------- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and underuking&and other writings obligatory in the nature theregf ,sera signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and saeled and atterted by one other Of eucSh officers.and hereby ratifies end Confirms all that its said Attorneylskn•FaCt may do in purWanOe hereof. This Power of Allorney is granted under and by authority of Article VII of the By Larva of RELIANCE INSURANCE COMPANY which became affective Sapterrber 7. 1976,which proins,ons are now in full force and effect.reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS t. The Board of D.reRore,the President.the Chairmen of the Board.any Samoa Vice President,any Vitt'Free;drnt or Asrttant V-0o President Or Other 011icar daslgnated by the 843ord of 0iractors styli hire P. ,;r sr._:,;thorr:Y to t`h AtireneYl-in-Fail and t0 euthoe,:e thorn to execute on behalf of the Company. bonds and undertakings, recogniLanps, contracts of indemnity and other „Kiting& obligatory in the nature thereof,and Ib1 to rarl&ove any such Altornelrin•FAct at any Iirnsa and ravoks the AOvAr and authority given to him. 2. Atiorneys-in-Fact "it have Powerr and authority.subs*ct to the terms and limitations of the power of o torn*Y issued t0 them.to axecuta and dAivw on benalf of the COmpsny, bonds and undertakings.rocogniLancet.contracts of indarrinitir and other writings Obligatory in the nature ihersol. The Corporate tieal it not necessary for the validity of any bonds and undertakings,r000gnicances.c7onte"It of inderryhrty and other writings Obligatory rM the nature lheraof- 3_ Atforneys•in-Fact shall hahie p0,wer and authority to exacuts Affidavits required to be attached to bonds.recognisance,contracts of ndorm arty or Other conditional or obligetory undartakings and they shalt also have power and authority to Certify the lirtanCial ttetement Of the CgrttpAny and to Copies of the By Laws of this Co"Vany or any Wide or section thereof, This power of attorney is signed and todsed by locsimile under and by authority of the following Resolution adopted biv the Board of 01raetoes of RELIANCE INSURANCE COMPANY at a meeting held on the Sth day of June. 1979.at which a quorum was present.and aid Rmlution hes not beak amerhded or repealed: ..Resolved.that the signature*of such directors and officers end the eel of the Company may be Affixed to any such power of attorney or any cernficeia relating thanato by faCym;le. and any such pokier of attorney or OrTificsto babring such focvrn le srghetures or facsimile sool Shell be valid and binding upon the Company and any such power s0 etecuted and certified by fagimife signatures and facsArnile seal stall be-,valid and binding upon the COmpany in the future wilh fa'spect to any bond or undefTalring 10 wh.0 h it A attached-" IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has cauaad them presents to be signed by i111 Vice President,and rts corporate seat to to hereto affixed,this 17th day of November i9 87 RELIANCE INSURANCE COMPANY Vwe Neadent STATEOF Washington COUNTY OF Kin w' 9 On the 17th day of November .1987pereonallyeCDowed Lawrence W. Carl strom to me know" to be the Vioa•Pryidant of the RELIANCE INSURANCE COMPAlyY, and acknowledged that he executed and attelted the foreving lnorurnenl and Affixed the pal of yid cotporatiOn thereto• and that Article VII,Section 1• 2, and 3 of tea BY-Lows Of and Company and the Rnolu- lion,sat forth therein,we still In full force. Cetrr+miee on E�.m: 'i"` • _ .xe:.e.5r �S a y 15 ,if 9 Q ` �a'` NoterY P%"ic in and tau Sea of Wash ' g t o n .a�� flesidine at Tacoma 1, John E . Vance , Amistant Secretary of the RELIANCE INSURANCE COMPANY,do hereby certify that the above SRO foregoing is a true end oxraa copy of a Power of Attorney executed by said AELIANCE INSURANCE COMPANY,swh,ch is still in full force and affect. IN WITNESS WHEREOF,I have hereunto eat my hand end affixed the+eel of mid Company thta I f THE of SEPTEMBER 1990• Ammunt Ssvaary 04 /s l���il John E . Vance GRIFFITH COMPANY CHUBB GROUP of Insurance Companies CHUE3B 1.5 Mour:ain View Road PO Roy, 1615. Waren, NJ 01061-1,615 FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, SHAWNAN CORPORATION (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under the laws of the State of kkwgemy, (hereinafter called the Surety), as Surety, are held and firmly bound unto Indiana City of Hu,ncir:gCon Beach (hereinafter called the Obligee), in the sum of Ten Percent (10%) of the Total Amount of the bid Dollars ($ ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents_ Sealed with our seals and dated this 29th day of August A. D_ nineteen hundred and ninety WHEREAS, the Principal has submitted a bid, dated September 17 119 90 for Asphalt Repair and Resurfacing to Adams Avenue between Beach B-,,d. and Newland Street and lle:.l avenue between Colden West Street to Silver Lane nCC-776 6 CC-777 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a con- tract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract. or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to per- form the-work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect Sl:AI NAN CORPORATION Principal fay — A0NAiD G.rzARTE", v.Cc „ �. G ':-C. FEDERAL INSURANCE COMPANY i f Y {1 noug A. Et��pp, ttorre} 1n act Form 75-02QW2(no. ).83) PRINTED 1 POWER OF ATTORNEY Kt.-Ow all Men by these presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road. Warren. flew Jorsery. an tndianti Corpora. tion,fha.,a Constituted and appoin:ed. ana does hereby Constitute and appoint Rob e r e M. Minot , Martha J . Chase IF Linda D. Coats Dohlas A. Rapp and E. S. Albree}it , Jr. of Pasadena, California---------------------------__-_------ each its true and lawful Attorney in-Fact to execute under such designation in its name ancf ro affix Its corporate seal Io and deliver for and on OS behalf as surety thereon or othElrwise. bonds of any of the following classes. to•wo f E3onos and Undenaklncts fClhe( than Bd.l Bonds)tiled ,n anv suo. maker or proceed'ng in any Co-jrl_or Lied with any Sherill or Mag:suaie t0r ine doing or not Doing Of anything speC-'ieo •n such E3onC O•r Undeari-ng 2. Surety bonds 10 the Un IIeo Stales Of America Cr any agencv;nereof-:nctudin,:hose:ecuaeo Dr permltreC under;he la-ev5 or resUIdlIOnS relating 10 Customs of Internal Revenue.LlcenSe and Permit Bonds Or other incC�nn'ty bonds under the laws oro'nances or regUlalions of any State.City. 7cwn.Village.Boarc Or Other body or Orgdni,ation.puo!ic or private COn05'O 1ran5,^.Crta;IDn Cernparties. Lost Ins:rur-lent bonics Lease DOnc!s-Workers Compensation bOnC5. Miscellaneous Surely Do^d5 and bonds on behalf CI :Nowies Public. She'if!S. Depu'y Sherills and Similar puDI.0 Off,Cials 3 Bonds On behalf Of Con;rar-mrs in connection with bids- prC1-•GSals or Contracts in witneee whereof Ine sa,a FEOE qAL INSURANCE COMPANY has C;.rs,.anl w•rs 6,I.A., causrC I,ese e'esen's a De s-gn.re tv•r%v ce P•es•ceni ar.a Ass Siam Seclelary and as corp�fe wai to tx hewo a':'red 1.4.s 1 s t =a,of Mily '9 00 Ctr•ao,nr Sea. c�v`•A;10E FEDERAL INSURANCE COMPANY it �L jAa•D o..Or Vqe Preside nl Aasysanl Secre!a,y STATE OF NEW JERSEY ss r County of Somerset , on rh t 1 5 C art cr Ma v 19 9O oefar r r x so+asy can*ac^A'd D O Ca:no':o-r•n+.h and W me-•nb,.,r,ro De Asf Bran,5rc teary of the FEDERAL&HSVMFKf COMPANY Inc COrpara:,on Ce$C,-DeC,n anC-r,Cn eOvroed rre ro•ego,ng i`,.re-of A:.o- ev no ire sa.0 Fk.cnara U O Conn*,tse.r•q Vy r a.,ir s-orn C a cevose anc sat ina,no f Asx.uam SK•'i,ary or Inc FEDERAL INSVRANCE COMPANY anc—C-1 Ine co-:.ora:e seal intiovi f•nar ine seal a".,ra ro ire r0,ego,.ng po-!,d A!:orney-t sucn CC,paale seal ara-as,here:*ar.ad"-v auf.ha,ry of:ry BtLa-s Of SAC COmoany ana anal r•e sgnea sa'a Pc-vl Of A_-they as Ass's:all SeC,e:rr gf to a COn•=an,Lti I••e a_::+C•.!y ana:hai he,s acaua.nfea-,in;ames b O,.or.and br"a n—iO Ly I.ng vice Presae.nl far sad Cwroary ana lnar no s•gna,v,e or fa a Janes b 3•1on 5,DSCI,Dee:o sot a ,o-e,of A-Grrey,s,n rhr;ren,,•'+r ha,LT,r,!,rq OI wa James 3 D AOn a'u-rs I^e-elo s..os:•,De0 cY■.:nor,r o+sad Br l_- Arta,n oeoonent t on%v,.:e Kolaoaf Seal 0.- STA.. ana S-wn toch Ile cale aoa.s -rnwn NIC01ME T. PASCLKL1Nu.a y P„OL[ CERTiFICA71DN t6otairy FLibhc, Stem of Hew J`rsey No. 2056518 r ss C',!x+yllsalon Expires Cc:ofnr 2, 1494 County of ScrTierse[ I me uraers'gnen Ar,,u and Ser-Harr H i^[FEOCRAL INSUR AnCF.COMPANY co ne e't Ce,ny Ihal'no lo'•a.ng s a Irve r'cer.^l from r,a f?rLz-s of Ine sa a Co-nan,as adee'ro wy•:s Fund CA on va•cl,2- !990 a+tD roof rh,s 0.y La-•s•n roll fo-ce a 4 r"cri Aar CLE Awl Senion 2 All wncs.u"enasings con:•aus and she•inslrumeras other than as 330,f!ri and on"Fla 1 Or Ine Company-Nth,,s auihof4ed by la••a ifs cha^er!O r+eCule may Ana Shall be a+KVlea ,n ire nar-.e any on bar,aU of!no Comoan,r,Inrr Of in*Chairman OF Ine V co C.ha,-man OF me Ples.taa c,a V.,,•Pfes,Oenf-p n.ly-in!na SeCwary o- An Assis'ahI Secre,ary unae•!ha„,esoec.-q Ces-gn A!9ns e•ce?'Thai any one o,mo-e Cif Cers Or aiiP'neys,n 12Cl;;rs qna•-rd,n an,•e,alu:gn of ine boa,o or 0,rc:ors rx!re Elac,i,.e Comm,liee or in any,G*•.•r of siio rwe ecarurea as ott, w be-in SK,.on 3 be Wn.may e.eCU1e any sucn pone unaena+,nq of brne'cnl,ga:on as p,c-col,n sucn re-tOlulQn or pole,o1 a:,o,ney ",w,son 3 Ail i�,rs of a,ornr„rw-I L-ai!o+:r.e G:mcJrR,ray ara •,ail be e•ec u•ec a.•ne name anC on DnrJrl of the Coma r a:",M!ne(:•'a-•man a l,-V[e Cna,r-tah re-Iry P-rtn]e nI;r a Vae Pnsry„< 7 an ASs'Slanl Y,Ca PreSOKtI Ir„mI,.-n r.r 5ec,e:ary o'an Ass.s:ani 5e -vlary unae-Ine-.,e,necn.e oes,gnaions Tne s-qn A:o,e or suCr CJI•ce's muy 0-n'ro Or I•I waryrws Thn sy',u-Jn urr►n o,'ne'Offv.,,,)Or'�Cert Cna­An V,Ce CnA.iman.Pre%t: t any V,[e e,rs,Olhi anyAsl t•A•,i'i,(rPrOt4ln; arty sot .elate art,tits s-Ari SrC,tiAy J:'U!r!searo,:r!CCmV.,^y•'•AY Dt a•n.r.0 L-'a:t",V IOA•, po-ar Ce aia not,n<lu arty ca 2at ale,P-a!Aq ine--Flo apx•^:,nq Ass Pam Soc,rur,es or A,;ornr 1,.n Fa j Its•Pv-DOars"o!a•ec ut++q a-,a a:iesi nq ra,•os and-•tae r a+,n.;s ara or —I.-Is ce;.ja:V'Y•n Ina,ns„n ,he,eul Arlo any sr.cn,y?.,er of aaorne,or cr••,•+a•r bra„hq s,cn Iu s,r,re s'gnaiu•r OF'aCtan,Ie sea.shall be w a Any t,•ch(.,-„',~e,rc!.:eo and Ce•„r�U Dy s,,.n i Kj.nny s,gna,vre and•aC-s,mae Sea.ar.aa Le+a'C ano Nna.ng„r on:ne Comoiny—in irspec113 aI,Dryna,,,u,-.do Ia•,.nq to-n,c h r.s aiucr.ra I'Vnhe,Cen-ly IhAt%d 1 FEDERAL INSURANCE COMPANY,t rtv'y 1.Ce111a ro nv,iarl I,r7rl•r,an.'.suety b1.s.nesS,n eaCn of ir.r S:aias Or the Lin.'r•:SI ales ni Amnr�a P.—IO17{o An,t eKn-.r, Prpv,nCet of CanACa-,!n ins a*csplgn o,ar,lice Ec-a,d lsiann arV',ta'1V•1„I,I,(anSOC la laccone sore s.fe:y on Donal.Vrla r,•1•,r.ys ei( C•t'•••,'ll.-r]V':r.]'.re-:^.:..IJ- t-Ir»u^hers quest Assslanf Sec•eery d F E DE RAL INSURANCE CGMPAH Y ao hale V,can.•,maf Ise lo,nyo.ng Pans'd Anp•ntr,t.n•r,a Ipr;w n-W fn•.Ci Gi.enunderrrynanaand lne seal o+sa,aCompany Fill Warren.NJ INS29th August 90 Co, AWP.1.c-�` � _�4 V C. 5erra4ry �- /!f J 1.1P•r• Fpm21 10-0333trio•,A 90tGENERAL ..S Inazance Cc-Trimy of North America a CGNA COmpbM r ' PROPOSAL OR BID BOND KNOW ALL IEN BY THESE PRESENTS, THAT WE VFRNON PAVING (,'O%.PAjNY as p-incipal_ and the IN'SORANCE COMPANY OF NORTH AhfER)CA_ a corporatint; organised and existing under the laws c1' the Commonwealth of Pesinsylvan;a. having its principal place of nUS[fleSS 31 Phdadelphia, Pa . as Mety, are held and fr!mly I;outid untrt CLTY OF EICNTINGTON BEAC III as obit€ce t.� ;he ;)e!i2: sr,.n of TF.N PI;RCF•,N"T (IO%) OF THE AMOUNT OF THE BID DO[ LARS. i.e..t.:l tilting. Of the United S:alc% of America, ini the paynteni of which_well and t*uly to be made, we bind ourselves. ou hers ex_--utkl,%. administrators. successors and assigns. lorntl%- and several[%-. firmh h�, these presents SIGNED se;::ecl and dated this 1401 1 da}. of SL:PTFMBF:R A D 1990 WHEREAS the ,jid princraa! is herew'rih submitting proposal fo: COLD PLANE, HEATER REMTX AND OVERLAY AT AD.-V-1S AT BL•ACH M 7 76. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH. that If the aforesaid principal shall be awarded the contract. the said principal x+il: w-;:n,ri the period specified therefor_ or. if no period be specified, within ;en f 10) days after the nod c of s:ich 'award enter into a contract an'! give bond for the :3ithfuf perforinance of the contract. then this obligation. shall 'nc null and void otherwise the principal and the surety will pay unto the obligee the difference in mone"v between the anmuni o` the n �' of the said pnnciaai and the arnount for w•h:ch the obligee may iega!1V L«r.tract with another part% to perfo:m the work if the latter amount be in excess of the forme:. in no event shall the liability hereunder exceed the penai sum hereot PROVIDED AND SUBJECT TO THE: CONDITION PRECEDENT. that any suits at laµ or proceeding% in equity broughi or ;o be brought againki the 5Ure1V 10 recover any claim hereunder must be insittuted and service had upon the Sure.v wnhin ninet.v (90)d1,s after the acceptance of said bid of the Principal by the Obligee VERNON PAVING COMPANY BY. G- . .. • . ...... --- - . ........... ....... JOH . BER'TON , VICE PRESIDENT INSURANCE MPANY OF NORTH A1`1ERICA PA 'I,A L. JACOBS ATTORNEY--iN—FACT 8S-1946a Pip c U S 4 PO!' rER OF Insurance Company of North America R N EY a CIGNA company MM214401 Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having Its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on December 5, 1983, to wit: "RESOLVED.That pursuant to Articles 3 1e and 5.1 of the By-Laws,the following Rules shell govern the execution for the Company of bonds,undertakings.recognizances,contracts and other writings in the nature thereof: (1) That the President,any Senior Vice President,any Vice President,any Assistant Vice President,or any Attorney-in-Fact, may execute for and on behalf of the Company any and all bonds. undertakings,recognizancee,contracts and other writings in the nature thereof,the same to be attested when necessary by the Corporate Secretary,or any Assistant Corporate Secretary,and the seal of the Company affixed thereto;and that the President,any Senior Vice President,any Vice President or any Assistant Vice President may appoint and authorize any other Officer(elected or appointed)of the Company,and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested to by the Corporate Secretary (3) The signature of the President.or a Senior Vice President,or a Vice President.or an Assistant Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution,and the signature of a certifying Officer and the seal of the Company may be affixed by facsimile to any certificate of any such power,and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such other Officers of the Company,and Attorneys-in-Fact shelf have authority to certify or verity copies of this Resolution,the By-Laws of the Company,and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolutions of the Board of Directors adopted on June 9, 1953.May 25. 1975 and March 23. 1977" does hereby nominate, constitute and appoint JAMES F. MURPHY, JEAN L. WILLCOX, EVELYN DENIHAN, and PAMELA L. JACOBS, all of the City of Los Angeles, State of California------------------------ O a U ---------------------------------------------------------, each individually if there be more than one Y O named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, C �"' undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding Lis c P g TEN MILLION----- L_ -----------------------------------------------DOLLARS ($ 10,000,000.) each, and the execution of Z7 � such writings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,as if they had been duly executed N CO and acknowledged by the regularly elected officers of the Company at its principal office. U O O > IN WITNESS WHEREOF, the said R. E. Giveans, Vice-President, has hereunto subscribed his name and N affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 26th day of March 1990 INSURANCE COMPANY OF NORTH AMERICA cc �, O O a? m by CCOMMONWEALTH OF PENNSYLVANIA R E. GIVEANS, Vice President co COUNTY OF PHILADELPHIA as. U +' On this 26th day of March A.D. 19 90 , before me, a Notary Public of 6 (1) the Commonwealth of Pennsylvania in and for the County of Philadelphia came R. E. Giveans, Vice-President of the INSURANCE OCOMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he E r acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; O - that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution, ca y'- adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. U IIIU4e�0" TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year > '��� Uno ' � N , +,9//Z. NOTARIAL SEAL W JUL1A ANNA ROHANA, Notary Public -� "") y= Philadelphia, Philadelphia Count _ Notary Public OF - r My Commission Expires August 20, 90 'Yu der Secitetary of INSURANCE COMPANY OF NORTH AMERICA,do hereby certify that the original POWER OF ATTORNEY,of whicft' a fe Yj� it full 'a and correct copy, is in full force and effect. G 14IIFI' oUt - b1�f, I have hereunto subscribed my name as Secretary, and affixed the corporate seal '(�t the Corporation, this 14th day of September 19 90 James S.Wyllie• Secretary'; THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND'WITH'-AN'INCEPTION DATE AFTER May- 2,, 1992 BS 33383a Ptd. in U.S.A. .. . ... . - �..�. \.. ... .. (.:;.l i'IF.--ATE OF INSURANCE _ 10128190 PR�CER7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ALEXANDER & ALEXANDER OF CA NQ RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, :EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3550 WILSHIRE B LVD. ---------------------- ---------------------------------------------------- LOS ANGELES, CA 90010 COMPANIES AFFORDING COVERAGE PHoNE2 13-385-5211 ----------------------------------------------------- --------------------------------------------------------------------------- INSURED COMPANY LETTER A CONTINENTAL CASUALTY COMPANY COMPANY LETTER B. TRANSPORTATION INSURANCE CO. VERNON PAVING COMPANY ---------------------------...........I------------------------------------ 110 0 E. ORANGETHORPE AVE #2 4 0 COMPANY LETTER C ANAHEIM, CA -----------------------------------•--------------------------------------- 92801 COMPANY LETTER D -----------------------------------•--- ----------------------------------- COMPANY LETTER E > COVERAGES <ccszccseccczcczzec:z:ccsac=sccazzccza=cs:=cs:vssz--aszccuc=zccasccasccasc=szc=szccszccs:a=ssapzscasancszc=azccz:cc:c THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERN OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ---ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI TYPE OF INSURANCE -POLICY-NUMBER POLICY EFF POLICY EXP ALL LIMITS IN THOUSANDS LT R DATE DATE --- ------------------------------- ---------------------------- -------------- -------------- --------------------------------- GENERAL LIABILITY GENERAL AGGREGATE I 2000 A XI COMMERCIAL GEN LIABILITY GL007412996 '04/30/90 04/30/91 ' PRODS-COMP/ors AGG. ' 2000 ( I ( I CLAIMS MADE ($ OCC. ! PERS, d ADVG. INJURY - 1000 1 KI OWNER'S d CONTRACTORS Alr_-g0.%E� TO FoRl i EACH OCCURRENCE-- - --- 1000 PROTECTIVE I ��� I ----------- ----------� GA1L ri -T r FIRE DAMAGE K) BFCGL CITY A,`" ,tip (� (ANY ONE FIRE) 200 ' ------- ------- X1 x.cau $y:\� - - ----- ----- - ity Attor^ MEDICAL EXPENSE Deputy (ANY ONE PERSON) 10 -------------------- ------------------------------------------ ---------------------------- -------------- ------------ - AUTOMOB --ILE LIAB CSL 1000 A XI ANY AUTO BUA707412989 04/30/90 04/30/91 1 BODILY INJURY - ' - - OKI ALL OWNED AUTOS (PER PERSON) KI SCHEDULED AUTOS 1-(PER-ACCIDENT) ---- --------------- - ------ - X] HIRED AUTOS BODILY INJURY X] NON-OWNED AUTOS [ ] GARAGE LIABILITY PROPERTY --------- ---------- ------ -------------------- -- ----------- -------------- ------------------------ EXCESS LIABILITY �- ` EACH OCC I AGGREGATE LA FORM [ ] OTHER ERTHAN UMBRELLA FORM --- -------------------------------- ---------------------------- ------- ------------ STATUTORY B WORKERSt COMP � WC007412990 �04/30/90 � 04/30/91 2000 EACH ACC AND 2000 DISEASE-POLICY LI141T EMPLOYERS I LIAB 2000 DISEASE-EACH EMPLOYEE OTHER---------------------- ---------------------------- --------------j-------------- -------------------------------- I I DESCRIPTION Or OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS I RECONSTRUCTION OF ADAMS AND HEIL AVENUES CASH CONTRACT 776 AND 777. THE i CITY OF HUNTINGTON BEACH ITS OFFICERS AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSUREDS BbT ONLY IN RESPECTS TO LIABILITY ARISING OUT OF WORK PERFORMED BY THE NAMED INSURED. > CERTIFICATE HOLDER csscca:zc=s:==aszccs===csac=cscc> CANCELLATION <==nazccazc=z*eccscccszzcasn==seccasccc:7tacasaac:acccza==:cccl = SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- i CITY OF HUNTINGTON BEACH F PIRATION DATE THEREOF, THE ISSUING COMPANY WILL V(DUAaY ib MAIL 30 PUBLIC WORKS DEPARTMENT = DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NWD TO THE LEFT,MY I 2000 MAIN STREET - nRX11[@ XKYAI(MYdk}WWWaWW KNXXX HUNTINGTON BEACH, CA - XJ k}C � wimx 92648 =------------------------------- -----_---- -=--- ---------------------- = AUYHDRIZED REPRESENTATIVE CORD 25-8 3 88 asp. - POLICY NUMBER: GL007412996 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ---- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the fo4m#ing: COMMERCIAL GENERAL LIABILITY COVERAGE PART. ICHEWLE Name of Parton orOrgarntxaUom Reconstruction of Adams and Heil Avenues THE CITY OF uuNITI'NGTON BEACH * Gash Contract 776 & 777 Public Works Department 2000 Main Street Huntington Beach, California 92648 *Includes its officers, agents and employees (If no entry appears above,information required to compote this endorsement wit!be shown in the Declarations as applicable to this en(jorsement.) WHO IS AN INSURED (Section II) Is amended to include as an insured the person or organization shown in the Schaduia. but only with respect to liability arising out of"your work"for that Insured by or for you. WAIVER OF SUBROGATION: In consideration of the premium charged, it is hereby understood and agreed that the Company waives its rights of subrogation against any firm, company, corporation, its officers, employees and agents, when required by written contract. AppFOVU� AS '�O FO�e CIT A, By.. i� . Attorn 9 Deput-y CG 20 1011 85 Copyright. Insurance jervices Office.Inc.,1984 p CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VERNON PAVING COMPANY FOR THE STREET IMPROVEMENTS FOR HEIL AVENUE BETWEEN GOLDENWEST STREET AND SILVER LANE (CC-777) AND ADAMS AVENUE BETWEEN BEACH BOULEVARD AND NEWLAND STREET (CC-776)' -1- i ' TABLE OF CONTENTS # TITLE AGE 1 . , CEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2 . ACCEPTANCE Off' CONDITIONS Of WORK; PLANS AND 2 - 4 SPECIFICATIONS 3, COMPENSATION 4 4 . COMMENCEMENT OF PRO ECT 4 5 . TIME OF THE ESSENC$ 4 & 5 6 . CHANGES 5 7. NOTICE TO PROCEED 5 & 6 8 . BONDS 6 9 . WAR$ANTIES 6 10 . INDEPENDENT CONTRACTOR 6 & 7 11 . LIOUIDATED DAMAGES/DELA S 7 & 8 12 . DIFFERING SITE CONDITIQNS 8 & 9 13 . VARIATIONS IN ESTIMATEP OUANJITIES 9 & 10 14 . PROGRESS PAYMENTS 10 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16 . AFFIDAVITS QF SAT15FACTION OF CLAIMS 11 17 . WAIVER OF CLAIMS 11 18 . INDEMNIFICATION, DEFENSE HOLD HARMLE5 11 & 12 19 . WORKERS' COMPENSATION INSURANCE 12 & 13 20 . INSURANCE 13 & 14 21 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 14 & 15 22 . DEFAULT AND TERMINATION 15 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 16 24 . NON-ASSIGNABILITY 16 25 . CITY EMPLOYEES AND OFFICIALS 16 -2- TABLE OF CONTENTS # TITLE PAGE(S) 26 . STOP N011 CEZ: RECOVERY OF ADMINISTRATIVE COSTS 16 27 . IMMIGRATION 17 28 . NOTICES 17 29 . CAPTIONS 17 30 . ENTITY 17 -3- CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VERNON PAVING COMPANY FOR THE STREET IMPROVEMENTS FOR HEIL AVENUE BETWEEN GOLDENWEST STREET AND SILVER LANE (CC-777) AND ADAMS AVENUE BETWEEN BEACH BOULEVARD AND NEWLAND STREET (CC-776) THIS AGREEMENT is made and entered into on this loth day of November 1990, by. and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the. State of California, hereinafter referred to as "CITY, " and VERNON PAVING COMPANY, a 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 street improvements for Heil Avenue between Goldenwest Street and Silver Lane and Adams Avenue between Beach Boulevard and Newland Street in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the Parties Covenant and agree as follows : 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses -4- 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 CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE QF 9:0NDITIO INN QF WORK; PLANS _AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY, except as specified herein. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement, except that if there exists any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, 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. -5- "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 1988 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications , special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW" ) , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Agreement shall control and nothing herein shall be -6- considered as an acceptance of the terms of said bid or proposal which -is in conflict herewith. 3 . COMPENSATIQN CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum of Four Hundred Forty Eight Thousand One Hundred Thirty Seven Dollars and Seventy Two Cents ($448 , 137. 72) , as set forth in the Contract Documents, to be paid as provided for in Sections 1, b, 13 and 14 herein. 4 . COMMENCEMENT 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 seventy (70) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public works, excluding delays provided fo.r in Section 11 herein. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete control of the premises on which -7- the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . b. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes , furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal , the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO f!ROCEEI� No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to -8- Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. B . BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR' S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY' S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIEsS The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for -9- CONTRACTOR and its officers, agents and employees , and all business licenses, if any, in connection with the PROJECT. 11 . LIQUIDATED DAMAGES/DELAYS it is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is , therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Three Hundred 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 days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder . CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen ( 15) days from the beginning of any such delay (unless the DPW shall grant a further period of time -10- prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if , in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims For additional compensation or damages for delays, irrespective of the cause thereof , and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Noticg The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, -11- (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause. an increase or decrease in the time required for performance of any part of the work under this Agreement , whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS-IN ESTIMATED OVANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment , upwards or downwards , in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity -12- 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 the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. -13- 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION, OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement . 16 . AFFIDAVITS OF, SATISFACTION QE CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material , except certain items, if any, to be set forth in an affidavit covering disputed claims , or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement, except as otherwise provided herein. 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those arising out of 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 -14- passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. Any costs of defense or attorney' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to California Code of Civil Procedure §1021. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labgr Code §1861, CONTRACTOR acknowledges awareness of §3700 et seq . of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder . CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each accident, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred and Fifty Thousand Dollars ($250 , 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for -15- indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars- ( 1, 000, 000) per occurrence limit . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive -16- its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force -17- until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in .a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder . 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. -18- 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement , all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code §1090 et seq. 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE _COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One-Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . -19- 27 . IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall , in particular, comply with the provisions of 8 U. S.C, §1324a regarding employment verification. 28 . NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR or to CITY' S Director of Public works, as the situation shall warrant, or by enclosing the -same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services , addressed as follows : TO CITY: TO CONTRACTOR: Mr. Louis Sandoval Mr. Kenneth Sipe Director of Public Works Vernon Paving Company CITY OF HUNTINGTON BEACH 1100 East Orangethorpe Ave. 2000 Main Street Anaheim, CA 92801 Huntington Beach, CA 92648 29 . CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement . 30 . ENTIR_ETY The Foregoing represents the entire Agreement between the parties . -20- Y l IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH a Municipal Corporation of the St a of California By• ��.. OHN A. BERTON Mayo r '' • Its: By: _ C 1.� Its • Se`c etarY ATTEST: APPROVED AS TO FORM: City Clerk / City Att rne.407y C-tN b� REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director f Public Works -21- CITY OF HUNTINGTON BEACH `L 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 October 16, 1990 Mr. John A Benton Vernon Paving Company 1100 E. Orangethorpe Ave. Suite 240 Anaheim, CA 92801 Subject: Adams Avenue between Beach Boulevard and Newland Street; CC-776 Heil Avenue between Golden West Street and Silver Lane; CC-777 Dear Sir: Council accepted and approved your bid submittal on the scheduled meeting of October 15, 1990. Enclosed is the contract for the Reconstruction of Adams and Heil Avenues; Cash Contract 776 and 777. Please have the appropriate individual(s) sign the contract and return the document to the attention of Don Noble, along with the required: I. Insurance Acord Form (Proof of insurance and coverage, see page 16 in contract.) 2. Performance Band (Note: "This bond should also include specific wording guaranteeing the work for a period of one year after the City's acceptance thereof," see page 9 in contract). 3. Labor/Material Bond (see page 9 in contract). Should you have any questions/or concerns regarding the contract or other required documen , please feel free to contact Don Noble (714) 536-5441, or myself at (714) Y6-5423 is n rI 1 r . obert A. Martinez �. roject Coordinator t RAM:dw 2568g/19 REQUEST FOR CITY COUNCIL ACTION Date October 15, 1990 Submitted to: Honorable Mayor and City Council APPROVED BY CITE• C,, Cr_, IL i Submitted by: Michael T. Uberuaga, City Administrator _,.___ Prepared by: ' Louis F. Sandoval Director of Public Works V"- / i rZ Subject: Bid Results for the Street Improvements on Adams Avenue between Beach Boulevard and Newland Street; CC-776 and Heil Avenue between Golden West Street and Silver Lane; CC-777 Consistent with Council Policy? k ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: On August 20, 1990, City Council authorized a call for bids for the reconstruction and resurfacing of Adams Avenue between Beach Boulevard and Newland Street, (CC-776), and Heil Avenue between Golden West Street and Silver Lane (CC-777). RECOMMENDATIO 1. Accept the low bid and award the contract to Vernon Paving Company, 1100 East Orangethorpe Avenue, Suite 240, Anaheim, California 9280I. 2. Authorize the Director of Public Works to expend $500,137.00 to cover contract cost of $448,137.72, estimated construction contingencies of $40,000.00 and anticipated "incidental" expenditures of $12,000.00. ANALYSIS: The total project was estimated at $513,899.00. Bids we received on September 25, 1990 and are listed below in dollar amount: 1. Vernon Paving Company $448,237.72 2. Silvia Construction 470,125.13 3. Excel Paving 470,542.11 4. Sully-Miller 480,385.28 - 5. All American Asphalt 483,628.87 {T rn 6. Excalibur Contracting, Inc. 484,716.12 Z 7. Griffith Company 534,696.30 ~ `n 8. Shawnan Corporation 570,546.00 ? r FUNDING SQLIRC a Contract Amount $448,137.00 Project Contingencies 40,000.00 Project "Incidentals" 12,000.00 TOTAL $500,137.00 Sufficient unencumbered revenues are available in fiscal account (Adams/Heil Avenues Rehabilitation Account Numbers E-SF-PC-776-6-32-00 and E-SF-PC-777-6-32-00) to cover construction costs, anticipated contingencies and project "incidentals". No Sias r Bid Results for St. Imp.; CC-776 & 777 October.15, 1990 Page 2 Both street improvements are cooperative projects with the Arterial Highway Financing Program under the A.F.H.P. program. City (50%) $244,068.50 A.F.H.P. (50%) 244,068.59 TOTAL $448,137.00 ALTERNATIVE ACTION: Reject low bid or all bids and do not proceed with the construction. ATTACHWNTS: Location Map MTU:LFS:RAM:dw 2569g/1 i M v Z !LL-✓6F '1 4 wuwr LA/1rR 1 K 14 e W rd eAf'er CIVIC c�N-rc!t �zIr z ; f ro.cx ro wN I raves 1!/ w y r ` i of ov 4RYi� t % o � � --� ■ i 1 1 V � NAMi[row PROJECT LOCA rIONS MAP DATE:-;- ^ Tues&a , September 25, 1990 2 p.m. ENGIDtER I S ESTIMATE-.- 491,554 K JOB AND CC NUMBER: ADAMS AVENUE between Beach Boulevard and Newland Street; CC-776 HEIL AVENUE between Golden West Street and Silver Lane; OC-777 BIDDERS NAME TOTAL BID AMOUNT 1. All American LThalt f- - J . do 3 2. American Landscape 3. Associated Industries 4. Byron L. Cry 5. Environments West 6. Esparza Concept 7. David Evans and Associates D O 8. Excalibur Contracting, Incorporatedg 7/� ----- 9. Excel Paving ZZ 10. Griffith Company 11. Kato Landsca 12. L and W.Engineering 13. Manhole Adjustia Contractors 14. Modern Asphalt, Incorporated 15. R. J. -Noble Ccrrpany 16. Pavetent PEcycling Systems 17. Ea re Electric Contractors 18. S and M Landscape 19. Shawnan Corporation J 7 Q ►.� °�- 20. Silvia Construction 21. Siroc 22. Patrick Smithson Electric 23. Stein and 2Many 24: Sally-Miller 25. Vernon Pav• `74 5-S 3 7, 7d-- 26. Vulcan Asphalt ��• Moore Electric l C Y. RECEIVED + CITY CLERK !TY C� P.U14TIN ' ti A=,' 1.;4i_iF. SFP Z5 2 of PM `90 4 t I 4 00 NL�3�1� i.il:i Q�,413ijil i r" r r � n � 2— / /�' /y NOTICE INVITING BIDS J G} C - / 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 Hal], 2000 Main Street, Funtington Beach, California, until the hour of 2:00 p-m. on Sept.�Yyb(,�r 17�1990, at which time they will be opened publicly and read aloud in the Council Chambers for the Street_mprovement5 or Adam Avenue b�v�e�. F3�a. inulev_ard and Newlandre _LCC=776�and F3ei1 Aven�r�b�tweer] _C'older We.st.Street and Silver Lane (CC-777) in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on Au&ua 21L290 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $1.5- 0_ Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. v No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 20th of Aloust 1990. Connie City Clerk of the City of Huntington Leach 2000 Main Street (714) 536-5431 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 Cleric at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on September 17. I990, at which time they wiII be opened publicly and read aloud in the Council Chambers for the S_trgec jmprQvgment5for Adams Avenue between Beach B uo levard an ! N_�wl�nd S�regt {C��76Land Heil Avenug Ptwe(-_n GQiden West StreeL_�%n_Silver Lane {CC-77n in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on A MySt 2l,_ IKQ at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non--refundable fee of $15_0& Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. - By order of the City Council of the City of Huntington Beach, California the 2Qth of A u>,l_99_0. Connie Brockway_ City Clerk of the City of Huntington Beach - 44 (0 rMA T; �"c 7-1 4 ` P 5A 2PO CcA�7`77 .9 1 g7i 354 2000 Main Street (714) 536-5431 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A-6214. September 29. 1961, and A-24831 June 11,-1963 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a f KMUC HOME resident of the County aforesaid,, I am over the INvmwam$ age of eighteen years, and not a party to or Not`i+ceisshh ed qlw that asow bids will be received interested in the below entitled matter. I am a by the city of Huntington Beach at the dlflce of the principal clerk of the ORANGE COAST DAILY City Clerk■t city Hail.2ON'L Main Street. Huntinglonf PILOT, a newspaper of general circulation, .leea°n. Cattfornle.-until-lhei hour of 2--00-p:m- on Sep- printed and published to the City of Costa Mesa, Member 17, 100. at whicn� rime they will be opened and+ County of Orange, State of California, and that publicly and read aloud In the Council Chambers for i attached Notice is a true and complete Co as line Street Improvements for p copy (Adams Avenue betweeni was Printed and published in the Costa Mesa, Imo Boulevard and Now- Street tend Street (CC-776) and Newport Beach, Huntington Beach, Fountain '►,eil Avenue between Goen wow Street ants Slit Valley, Irvine, the South Coast communities and manengtoBeach `he C'�°I� Huniington Laguna Beach issues of said newspaper to wit � A '°' °' plans, „- P"-`Y`� cations. and other CMuractl the issue(s) of- documents may be obtained on August 21. 1990 at thel Department of Public Works. 2000 Main Street, Huntington Beach. Call- lornle. upon receipt of a non-refundable fee. of C 15-00 1 Esch bid shaft be made on the PrWoaal Form and in Auto u s L. 21 , 28, 1990 the manner provided in the contract documents. and stall be accompanied by a certified or cashier's check Or a bid bond for not less r than 10%of the amOunt Of the bid,made payable to the City of Huntington Beach- The Contractor shelf,in the performance of the worts and improvements,C°nform to the tabor Code of the State of Calirornla and other laws of the State of Cali- fornia�eppueabfe:thareto, ``wttrt the ex0ept10n only of isuch vsrlatlona the*may be required undar the $0e081 statute$ pursuant to which Iproceadings hereunder are taken and which have not I declare, under penalty ofperjury, that the been superseded the by the p Y provlaiona of the Labor foregoing is title and correct. ,Cods Preference 10 labor ' J shwa be given only In the manner provided by law 1:L:g ca s t 2 8 0 No ad shall be Considered unfatta 1f is made on a form Executed on , 1 Qg�, furnished by the City off at Costa Mesa, California. mua0einaamordaar ewltnlhel provlabns of the proposal requirernents- il Each bidder mutt licensed and also pre- e- quailffed as required by law-1 Signature the Cay Council 01 the City of Huntington Beach re-'i serves the right to reject anyi w all bids- By the order of the City) Council of the City of Hunt-I tngion teach.California the �9 1, 21 day of March.1688- + Connie emckwmv. Cityi PROOF OF PUBLICATION of th. city of Ilunt- lon Beads Main Street (7.41] 536-543f Pubtlow Orange Coast' Datiy Ptiot August 21• 28• '= 1 �� - - --- T145 t REQUEST FOR CITY COUNCIL ACTION Date August 20, 1990 *Submitted to: Honorable Mayor and City Council Y Y APPB031'ED BY CITY COL)'!�TCIL Submitted by: Michael T. Uberuaga, City Administrator i t9.g Prepared by: PLouis F. Sandoval, Director of Public Works ` Subject: r Adams Avenue between Beach Boulevard and Newla 5 Trure , Heil Avenue between Golden West Street and Silver Lane; CC-777 Consistent with Council Policy? Yes l j New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: 1. Procedures of the Orange County Arterial Highway financing program require approval of the project administration agreement prior to award of the construction contract. 2. Staff has completed plans and specifications for reconstruction and resurfacing of Adams Avenue, between Beach Boulevard and Newland Street (CC-776), and Heil Avenue, between Golden West Street and Silver Lane (CC-777). RECOMMENDAIM: 1. Approve the attached Project Administration Agreements, A.H.F.P. Project No. 1256 and No. 1257. 2. Approve plans and specifications for the reconstruction of both Adams Avenue and Heil Avenue and authorize the Department of Public Works to advertise for bids. ANALYSIS: The County of Orange annually budgets a portion of their Gas Tax Funds, to match City funds, for construction of road projects under the Arterial Highway Financing Program (AHFP). Each year cities, by resolution, request that high priority street projects be funded by the County program. This project will reconstruct and/or resurface the existing roadway where portions of travel Ianes were constructed I0 to I5 years ago. Plans and specifications for the projects have been submitted to the County for their review and subsequently the County forwarded both attached Project Administration Agreements for City Council approval per the A.H.F.P. procedures. 00 P10 s/ss r w RCA August 20, 1990 Page 2 FUNDING SOURCE: County funds have been obligated at this time for both projects and are on a co-operative City/County basis for eligible items. The allocation of funding is summarized below: Adams Avenue between Beach Boulevard and Newland Street: CC-776 County A.H.F.P. Funds: $134,000 City of Huntington Beach: (a.) Matching Funds: 134,000 (b.) Funds not eligible:* 100,000 TOTAL $368,000 Heil Avenue between Golden West Street and Silver Lane: CC-777 County A.H.F.P. Funds: $126,000 City of Huntington Beach: (a.) Matching Funds: 126,000 (b.) Funds not eligible:* 9.000 TOTAL $261,000 * Items not eligible for A.H.F.P. participation. These items are as follows: landscaping and irrigation for raised median (CC-776), and raising to grade all sewer manholes and water valve cans (CC-776 and CC-777). ALTERNATIVE ACTION: Deny approval of attached Project Administration Agreements, plans and specifications and forgo these projects. ATTACHMENTS: Project Administration Agreement, A.H.F.P. Project Nos. 1246 and 1257 MTU:LFS:RAM:dw 2503g/1&2 ti "FP 1246 COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT . PROJECT #1246 MEMORANDUM OF AGREEMENT entered into ADAMS AVENUE from Beach Boulevard this day of , to Newland Street 19 by and between: CITY OF HUN1'INGTON BEACH, a municipal corporation, hereinafter referred to as CITY, and COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as COUNTY. WITNESSETH: WHEREAS, the Orange County Board of Supervisors by Resolution of May 31 , 1956 adopted the Master Plan of Arterial Highways to serve the entire COUNTY including the incorporated cities thereof; and WHEREAS, Articles 2 and 3 of Chapter 9, Division 2, commencing with Section 1680 of the Streets and Highways Code authorize a county, if it so desires, to expend funds apportioned to it out of the California Highway Users Tax Funds for aid to cities and in the improvement , construction, or repair of streets within a city; and WHEREAS, the Orange County Board of Supervisors and the Orange County Division of the League of California Cities have agreed upon a cooperative financial program for the establishment, construction, and maintenance of a County-wide Arterial Highway System known as the Arterial Highway Financing Program; and WHEREAS, the Orange County Board of Supervisors has, by appropriate action, provided in the Road Budget for the Fiscal Year 1989-90 funds for the Improvement of streets within the incorporated cities of COUNTY, which streets are a part of COUNTY's Master Plan of Arterial Highways; and WHEREAS, Orange County Board of Supervisors on November 5, 1958, has by formal resolution adopted the formal procedure for the administration of the Arterial Highway Financing Program, as revised, which procedure is outlined in a document on file with the County Clerk, formally known as the County of Orange Arterial Highway Financing Program Procedure Manual; and WHEREAS, ADAMS AVENUE from Beach Boulevard to Newland Street, a street included in the Orange County master Plan of Arterial Highways, is a street of general COUNTY interest and was selected for improvement in accordance with the policies of the Arterial Highway Financing Program as contained in the AHFP Procedure Manual, and as shown by the approved AHFP project scope, plans and specifications on file with COUNTY's Environmental Management Agency. Said work of such improvement shall be referred to hereinafter as PROJECT; and WHEREAS, CITY, as Lead Agency, has completed the environmental assessments as required by the California Environmental Quality Act of 1970, as amended, by finding the PROJECT to be Categorically Exempt, a copy of which is on file with COUNTY; and WHEREAS, CITY has filed the Notice of Determination with the County Clerk; and WHEREAS, no additional environmental documents are required for compliance with the California Environmental Ouality Act; and -1- � I - AHFP 1246 WHEREAS, CITY has reviewed PROJECT for conformance with the requirements of Section 65402 of the California Government Code and applicable local ordinances and CITY has acted as required. NOW, THEREFORE, IT IS AGREED by the parties hereto as follows: 1. The Arterial Highway Financing Program (AHFP) Procedure Manual herein referred to shall be and is hereby made a part of this agreement. 2. The Contracting Authority for PROJECT is hereby designated as CITY. 3. The Project Engineer for PROJECT is hereby designated as CITY. 4. The Construction Engineer for PROJECT is hereby designated as CITY. 5. All soils engineering and material and construction testing necessary for PROJECT shall be performed by COUNTY. This shall include preliminary soils investigations, structure foundation investigations, recommendations for structural sections and compaction requirements, and quality control of materials and construction. 6. The work shall be subject at all times to inspection by the authorized representatives of both parties. 7. Funds to be used for PROJECT: a. The estimated cost of PROJECT covered by this agreement is: Design Engineering: $ 22,000 Construction Contract 324,000 Construction Engineering: 22,000 Total: $368,000 b. On the basis of the above estimate, PROJECT will be financed as follows: COUNTY Funds: $134,000 CITY Matching Funds: 134,000 CITY Funds: * 100,000 Total: $368,000 *For items not eligible for AHFP participation. c. If upon completion of detailed design, it appears that PROJECT's estimate will exceed the original allocation, the Contracting Authority shall follow the procedures set forth in the AHFP Procedure Manual for Adjustment of Allocation. d. Except as noted in (e) below, final adjustments of PROJECT's costs will be made on the basis of COUNTY fifty percent (50%) , CITY fifty percent (50%) , on eligible items in the contract up to the maximum COUNTY AHFP allocation. e. COUNTY participation in longitudinal storm drain costs shall not exceed a maximum of twenty-five percent (259;) of the total cost of eligible storm drain construction. f. It is the intent of the parties hereto to comply with all applicable rules regarding the expenditure of State Gas Tax Funds. Eligibility of any storm drain item will be subject to final audit and determination by the State Controller's Office. Any future adjustment required by said Controller's Office shall be made by CITY with CITY funds, including complete refunds to COUNTY of any COUNTY gas tax funds declared by the Controller to have been expended on ineligible construction. g. Any funds spent prior to July 1, 1987 shall not be considered in .\ the final accounting of PROJECT. 8. Funds allotted by COUNTY for PROJECT shall revert to the Arterial L Highway Financing Program in the event CITY fails, for any reason, to advertise -z- AHFP 1246 and award the contract for PROJECT prior to October 1, 1990 and CITY shall reimburse COUNTY for any expenditures incurred by COUNTY in connection with PROJECT. 9. This agreement shall become null and void in the event that CITY, for any reason, advertises PROJECT for bids prior to the granting of authorization to advertise by COUNTY in accordance with the procedures set forth in the Arterial Highway Financing Program Procedure Manual. 10. Upon acceptance of the completed AHFP PROJECT by the awarding authority or upon the contractor being relieved of the responsibility for maintaining and protecting certain portions of the work, CITY shall maintain PROJECT or such portions of the work in a manner satisfactory to COUNTY. If within ninety (90) days after receipt of notice from COUNTY that PROJECT or any portion thereof is not being properly maintained, CITY has not remedied the conditions complained of to COUNTY's satisfaction, COUNTY may withhold the programming or approval of further AHFP projects of CITY until PROJECT shall have been put in a condition of maintenance satisfactory to COUNTY. The maintenance referred to herein shall include not only the preservation of the general physical feature of the roadway, roadside, and surfacing, but also safety and regulatory features, devices and appurtenances built into PROJECT. 11 . County-wide Extension of Arterial System: To promote uniformity of County Arterial Highway System with City Master, Plan of Major Streets, both parties agree to continue the promulgation of the AHFP as outlined in the aforementioned Procedure Manual. IT IS KMALLY UNDERSTOOD AND AGREED: 1. Pursuant to and in accordance with Section 10532 of the California Government Code, in the event that this Contract involves expenditures of State funds aggregating in excess of ten thousand dollars ($10,000) , the parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. 2. That neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or Jurisdiction delegated to CITY under this agreement . It is also understood and agreed that , pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) , occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. 3. That neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement . It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully Indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) , occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. r -3- AHFP 1246 IN WITNESS WHEREOF, CITY has caused this agreement to be executed by .its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. CITY OF HUNTINGTON BEACH, a municipal corporation Dated: , 19 By Mayor ATTEST: APPROVED AS TO FORM City Clerk ;j,; ; City Attorney Qq4�._"—c COUNTY OF ORANGE, a political subdivision of the State of California Dated: , 19 By Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM THIS DOCUMENT HAS BEEN DELIVERED TO ADRIAN KUYPER, COUNTY COUNSEL THE CHAIRMAN OF THE BOARD. ORANGE COUNTY, CALIFORNIA L / Linda D. Ruth Deputy Clerk of the Board of Supervisors of Orange County, California Date AO:ao:0073113173138 -4- AFHP 1257 COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT ADMINISTRATION AGREEMENT PROJECT 41257 MEMORANDUM OF AGREEMENT entered into HEIL AVENUE from Golden hest this day of , Street to Silver Lane 19 by and between: CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as CITY, and COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as COUNTY. VITNESSETU: WHEREAS, the Orange County Board of Supervisors by Resolution of May 31, 1956 adopted the Master Plan of Arterial Highways to serve the entire COUNTY including the incorporated cities thereof; and WHEREAS, Articles 2 and 3 of Chapter 9, Division 2, commencing with Section 1680 of the Streets and Highways Code authorize a county, if it so desires, to expend funds apportioned to it out of the California Highway Users Tax Funds for aid to cities and in the improvement, construction, or repair of streets within a city; and WHEREAS, the Orange County Board of Supervisors and the Orange County Division of the League of California Cities have agreed upon a cooperative financial program for the establishment, construction, and maintenance of a County-wide Arterial Highway System known as the Arterial Highway Financing Program; and WHEREAS, the Orange County Board of Supervisors has, by appropriate action, provided in the Road Budget for the Fiscal Year 1989-90 funds for the improvement of streets within the incorporated cities of COUNTY, which streets are a part of COUNTY's Master Plan of Arterial Highways; and WHEREAS, Orange County Board of Supervisors on November 5, 1958, has by formal resolution adopted the formal procedure for the administration of the Arterial Highway Financing Program, as revised, which procedure is outlined in a document on file with the County Clerk, formally known as the County of Orange Arterial Highway Financing Program Procedure Manual; and WHEREAS, HEIL AVENUE from Golden West Avenue to Silver Lane, a street included in the Orange County Master Plan of Arterial Highways, is a street of general COUNTY interest and was selected for improvement in accordance with the policies of the Arterial Highway Financing Program as contained in the AHFP Procedure Manual, and as shown by the approved AHFP project scope, plans and specifications on file With COUNTY's Environmental Management Agency. Said work of such improvement shall be referred to hereinafter as PROJECT; and WHEREAS, CITY, as Lead Agency, has completed the environmental assessments as required by the California Environmental Quality Act of 1970, as amended, by approving a Negative Declaration for PROJECT, a copy of which is on file with COUNTY; and WHEREAS, CITY has filed the Notice of Determination with the County . Clerk; and WHEREAS, no additional environmental documents are required for compliance with the California Environmental Quality Act; and -1- ►i i I _ I • AFHP 1257 WHEREAS, CITY has reviewed PROJECT for conformance with the requirements of Section 65402 of the California Government Code and applicable local ordinances and CITY has acted as required. NOW, "THEREFORE, IT IS AGREED by the parties hereto as follows: 1 . The Arterial Highway Financing Program (AHFP) Procedure Manual herein referred to shall be and is hereby made a part of this agreement . 2. The Contracting Authority for PROJECT is hereby designated as CITY. 3. The Project Engineer for PROJECT is hereby designated as CITY. 4. The Construction Engineer for PROJECT is hereby designated as CITY. 5. All soils engineering and material and construction testing necessary for PROJECT shall be performed by COUNTY. This shall include preliminary soils investigations, structure foundation investigations, recommendations for structural sections and compaction requirements, and quality control of materials and construction. 6. The work shall be subject at all times to inspection by the authorized representatives of both parties. 7. Funds to be used for PROJECT: a. The estimated cost of PROJECT covered by this agreement is: Design Engineering: $ 22,000 Construction Contract 217,000 Construction Engineering: 22,000 `Total: $261 ,000 b. On the basis of the above estimate, PROJECT will be financed as follows: COUNTY Funds: $126,000 CITY Hatching Funds: 126,000 CITY Funds:* 9,000 Total: $261 ,000 *For items not eligible for AHFP participation. c. If upon completion of detailed design, it appears that PROJECT's estimate will exceed the original allocation, the Contracting Authority shall follow the procedures set forth in the AHFP Procedure Manual for Adjustment of Allocation. d. Except as noted in (e) below, final adjustments of PROJECT's costs will be made on the basis of COUNTY fifty percent (50%) , CITY fifty percent (50Y.) , on eligible items in the contract up to the maximum COUNTY AHFP allocation. e. COUNTY participation in longitudinal storm drain costs shall not exceed a maximum of twenty-five percent (25X) of the total cost of eligible storm drain construction. f. It is the intent of the parties hereto to comply with all applicable rules regarding the expenditure of State Gas Tax Funds. Eligibility of any storm drain item will be subject to final audit and determination by the State Controller's Office. Any future adjustment required by said Controller's Office shall be made by CITY with CITY funds, including complete refunds to COUNTY of any COUNTY gas tax funds declared by the Controller to have been expended on ineligible construction. g. Any funds spent prior to July 1, 1987 shall not be considered in the final accounting of PROJECT. B. Funds allotted by COUNTY for PROJECT shall revert to the Arterial Highway Financing Program in the event CITY fails, for any reason, to advertise /f -2- y APHP 1257 and award the contract for PROJECT prior to October 1, 1990 and CITY shall reimburse COUNTY for any expenditures incurred by COUNTY in connection with PROJECT. 9. This agreement shall become null and void in the event that CITY, for any reason, advertises PROJECT for bids prior to the granting of authorization to advertise by COUNTY in accordance with the procedures set forth in the. Arterial Highway Financing Program Procedure Manual. 10. Upon acceptance of the completed AHFP PROJECT by the awarding authority or upon the contractor being relieved of the responsibility for maintaining and protecting certain portions of the work, CITY shall maintain PROJECT or such portions of the work in a manner satisfactory to COUNTY. If Within ninety (90) days after receipt of notice from COUNTY that PROJECT or any portion thereof is not being properly maintained, CITY has not remedied the conditions complained of to COUNTY's satisfaction, COUNTY may withhold the programming or approval of further AHFP projects of CITY until PROJECT shall have been put in a condition of maintenance satisfactory to COUNTY. The maintenance referred to herein shall include not only the preservation of the general physical feature of the roadway, roadside, and surfacing, but also safety and regulatory features, devices and appurtenances built into PROJECT. 11. County-wide Extension of Arterial System: To promote uniformity of County Arterial Highway System with City Master Plan of Major Streets, both patties agree to continue the promulgation of the AHFP as outlined in the aforementioned Procedure Manual. IT IS MUTUALLY UNDERSTOOD AND AGREED: 1 . Pursuant to and in accordance with Section 10532 of the California Government Code, in the event that this Contract involves expenditures of State funds aggregating in excess of ten thousand dollars ($10,000) , the parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract . 2. That neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. It is also understood and agreed that , pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) , occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this agreement. 3. That neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. It is also understood and agreed that , pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by COUNTY under or in connection with any work, authority or jurisdiction not delegated to CITY under this agreement. -3- 9 AFHP 1257 , IN WITNESS WHEREOF, CITY has caused this agreement to be executed by its Mayor and attested by its Clerk, and COUNTY has caused this agreement to be executed by the Chairman of its Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. CITY OF HUNTINGTON BEACH, a municipal corporation Dated: , 19 By Mayor ATTEST: APPROVED AS TO FORM City Clerk /; ,- City Attorney COUNTY OF ORANGE, a political subdivision of the State of California Dated: , 19 By Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM THIS DOCUMENT HAS BEEN DELIVERED TO ADRIAN KUYPER, COUNTY COUNSEL THE CHAIRMAN OF THE BOARD. ORANGE COUNTY, CALIFORNIA Linda D. Ruth Deputy Clerk of the Board of Supervisors of Orange County, California Date AO:ao0073113181885 1tj -4- F , 1, CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 SEPTEMBER 14, 1990 RESURFACING AND RECONSTRUCTION ON ADAMS AVENUE BETWEEN BEACH BOULEVARD AND NEWLAND STREET AND HEIL AVENUE BETWEEN GOLDEN WEST AND SILVER LANE CC-776 & CC-777 ADDENDUM NUMBER 1 Notice to All Bidders: Please note changes to bid items numbered 3, 4, 5, 6 and 8 for "Schedule I Only". Bid items shall read as follows: Item No. Approximate Quantity 3. 80 cubic yards (excavation) 4. 304 cubic yards (excavation) 5. 155 Tons (A.C. Base Course) 6. 590 Tons (A.C. Base Course) 8. Note:A.C. overlay shall have a rubber-latex additive, not rubberized. Additive shall be two percent (2%) rubber latex solids by weight of the asphalt cement shall be added at the pug mill with the asphalt cement during the mixing cycle. The wet mixing cycle shall be 50 second. The Contractor shall submit the final mix design to the EMA Lab for approval prior to use. Bid opening has been rescheduled to September 25, 1990 at 2:00. "All bidders are requested to acknowledge the receipt of this addendum with your bid proposal". Should you have any questions regarding this matter, contact Robert Martinez or Larry Taite of this office at (714) 536-5423 or 536-5590. Very truly yours, Robert E. Eichblatt, PE City Engineer This is the acknowledge receipt and review of Addendum Number 1 dated September 14, 1990. It is understood that the revision of the new document shall be included in the bid documents. Vernon Paving Co. Sept 19 1990 COMPANY NAME B Jo n A. erton DATE BIDPHIOPOSAL FROM Vernon Paying ,CQ;_„__„ Firms Narm To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting seated proposals for the asphalt- repair and resurfacing on Adams Avenue between Beach Boulevard to Newland Street- and Heil Avenue between Goldenwest Street to Silver Lane . Schedule I Schedule IT CC-776 CC-373 A . H . F . P . A .H .F . P . Adams Ave-. Between Beach Blvd . lleil Ave . Between Golden West St . and Newland St . and Silver Ln . . I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach,California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository,the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor,materials and equipment,and or all incidental work necessary to deliver all the improvements complete in place in strict conformity enrich the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the fallowing unit prices,to wit: SCEITEM APPROXIMATE JTFJU W ki UNITJPAJCF UNIT NO QUANTITY Y1RIT7EN '�,1 WORDS PRICE TOTAL y m bilization (Max. $10,000) at — ] Lumc Sum, — — per lmp sum. Traffic Contfol )S4,r�J 2. Lux p Sum jn%i t'j 0-o l�_s I p per 1u-.w SLLM. Excavation of Broken A.0. (1.051 ) 3. 80 C.Y. - . I 'Aa — — per cubic yards. Excavation oz Broken A.C. (0.75' ) 4 . 304= Y. y% •' 11ti5gz. per cubic yards. -- A.C. LiaSe Coax-se -- 5. 155 'rods per ton. o , ITEM APPR0XW&&T1 ITEM 1"TH UNIT PRICE UNIT TOTAL No. Oti^AMTY YifAMIN IN1100ADS PRQi J A.C. Base Course (0. 75' ) 6 . 590 Tons — -per ton. "neater Remixing 25' Each side of Centerline 7. 110,765 S.F. , per sggjac e foot. 0. 15' A.C. overlay wit-1h Rkbber-latex additive I _S �. 2, 72.3 Tons V-I,�>v_�bcs.wra �e .�.��, 1!- ca,.ir -- �3�. qS�►B� --_— _-�.�---- -_.�_..---;<,r ton. Signing and Striping Lump Sum per inn sum. Coldp?ani:�g (S' Wide) � . 27,250 S.F. per square foot:. 8" Median Concrete Curb 21. 2,000 L.F. 0, V,ra per li meal foot. Landscaping and Irrigation 12. Lugy) Ssl,n i( Adjust Manholes to Grate with Zebron Coat Sealer _ Qn. )al�_ l 3. 16 Each ---- �$S•" 000.0. _ you ars - per each. Adjust ;tiater. Valve Cars to Grade, 14 . 7 Each ►..sue 1n.,.,�re� �:l+ew d�sLlr.L1 - - -- � \Sfl �. :er each. ReuJ ace Detector Loops 15. 16 Each Z�jO 3b�a -���--- per each. A - P-2- i ITEM AFP'OtOXIMATE ITEM WITH UNIT PRICE UNIT MO. CIUAPMTY WRITTEN IN"DRUG mr's TOTAL 'DOTAL BID IN WORDS FOR SCHEDULE I �'AL AMU ' IN FIGURES IV,a r�J G am`C, se-•,G ' 4 Z,� `t'),a, tise...1s P-3 i BIEWOPOSAL FROM Vernon Paving Co. Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the Heil Avenue Resurfacing Golden West: Street to Silver; CC-777 SCHEDULE II I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans,specifications and special provisions fouthe 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 materialmen which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor,materials and equipment,and or all incidental work necessary to deliver all the improvements complete in place in strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices,to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO OUANTrTY WRITTEN !N WORDS PRICE Mobilization (not to exceed $10,CKV at 1. Lump Sum J a c..J -10 0 a per Lump Stud. Traffic Control at 2. Lump Sum �o� r ��. �_ -�) �n � (�� ;)0-0, a J>e.� o y.r V�-e� � per Lump Sum. Signing and Striping at 3. Lump Sum �o., r ��,o •,�,.,.� �.tt.o rt '� per Lump Sum. Excavation (asphal concrete and aggregate base) at _ -�, f�„ �f. �. y...,.,�5 4. 24a c.y. per c.y. 5 Cold Plane (width = 5 feet) at 5. 40,623 s.f. \3 Spa per s.f. pr� ITEM` APPA16X0AAT1 ITEM MMITH UNIT PRICE UNIT TOTAL Ald. OUAIMTY WRITTIN IN MMORD@ tAll♦J; Asphalt Concrete Cap (0.15 Min. {) at 6. 2,682 Togs 4v.., per ton. Manhole set to grade at =—D c�SQ,J..,,r�.t� _ 7. 1 Each per each. Sewer manhole set to grade at S. 8 Each e, ;i� per each. iWater valve cans set to grade at *- 9. 24 Each per each. Reinforced Fabric at T >e..3-.A , cc r s 10. 26,367 s.Y- �y Sg p . 1g5�►. per s.y. Route and seal (cracks at 11. 1,000 1.f. e�e.✓+� i a4 `�oq per l.f. Asphalt concrete base course at 12. 467 tons . c per ton. ZI Loop detectors replaced at _ 13. 30 Each - - - per each. TOTAL $ID IN WORDS FOR SCHEDULE II TOTAL AMO(jWr ICI FIGURES p S, hoa]ts+s! TOTAL BID IN L•JORfDS 1FOR BOTH SCHEDULE I S rI -��`r ��,.,�r��r,io„ 4-v� ,C•r�1n� ��o.,sc....o� oJG }�J..r� '1Y '�.�.r i"1 SGxa..w �'O u-G,�S 0.✓�. St..rtr.,� �-w o C-C..+.%� yy% 131, „ 1 It- is understood and agreed that the approximate quantities shown in the foregoing proposal _ schedule are solely for the purpose of facilitating the compariton of bids and that the contractor's compensation will be computed upon the basis of the actual quantities In the completed work, whether they be more or less that those shown herein at the unit prices bid In the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 70 calendar days If awarded the contract, the undersigned .hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. _ - - Accompanying this proposal Is Bidder 's Bond ( _ 10$_ of amount bid NOTICE: Insert the words "Cash,* "Certified Check,” or "Bidder's Bond," as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 411316 ohn A. Berton , Vice Pres . Signature of Bidder Business Address 1100 E. Dranget;horpe Ave. Place of Residence Anaheim, CA Date this 19th day of _ September , 19 90 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Qidder's SI nature ti _ i<1 9-14-90 --- - a n e on, Vice Pres . Y PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached if necessary. 1. Firm Name: Vernon Paving Co 1100 E. Orangethorpe Ave. 2. Address: Anaheim, CA 92801 3. Telephone: _(71 4)449—o 22 4. Type of firm—individual, partnership, or corporation: Corporation 5. Corporation organized under the laws of the State of: California 6. Contractor's License Number: 411316 Expiration Date: 9/30/91 (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: Kenneth L. Sipe, President; John A. Berton, Vice President ; Carolyn D. Anderson, Asst. Secretary 8. Number of years experience as a contractor in construction work: 50+ years 9. List at least six projects completed as of recent date: Refer to attached CONTRACT CLASS OF DATE NAME, ADDRESS & PHONE AMOUNT WORK COMPLETED NUMBER OF OWNER 10. List the name of the person who inspected the site of the proposed work for your firm: Steve Sante Date of Inspection: 9/11/90 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-7 DESIGNATION OF SUBCONTRACTOR In compliance with the "Subletting and Subcontracting Fair Practices Act; being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor In or about the construction of the work or Improvement In an amount In excess of one—half (1/2) of one percent ((%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated In-the original"bid sh'ati-only be permitted- in cases of-public emcrgency-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 Z`f C - S 3 SE R C -7 S C - 2 By submission of this proposal, the contractor certifies: I. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing, 2. That the City will be furnished copies of all sub—contracts entered Into and bonds furnished by subcontractor for this project. P 8 VERNON PAVING CO. REFERENCES I . [AL TRANS RESURFACE PAC}FIC COAST HIGHWAY S 339,000 EARL FUKUMOTO, RESIDENT EMINEER (213) 316-4120 2. CITY OF ALHAMHRA RESURFACE VARIOUS STREETS S 102, 123 GARY CLARK, STREET SUPERINTENDENT `. (819) 570-3071 3. GSA - ORANGE COUNTY RESURFACE JOHN WAYNE AIRPORT $198009493 RICHARD SMITH (714) 753-6621 4. CITY OF PASADENA RESURFACE NEW YOM DRIVE s295439239 RALPH KUSMIC (818) 377-4000 S. CITY OF GLt'NDALE RESURFACE VARIOUS STREET' tS2290) s 9620620 HILL CAMHELL (918) 9'56-4000 6. CITY OF IRVINE HARRANCA 11 $191619097 ED ROZOK (714) 660-3600 7. CITY OF IRVINE ALTON PARKWAY S 3979300 TOM MA=LA (714) 660-3A99 S. CITY OF IRVINE RESURFAI= JAM80REE ROAD s 1039007 GENE 30NES (714) 660-3600 CORPORATE ACKNOWLEDGMENT State of California On this the 14thday of September 19 90,before me, SS. County of Orange Regina 2. Pasko the undersigned Notary Public,personally appeared John A. Berton , IN personally known to me OFFICIAL SEAL ❑ proved to me on the basis of satisfactory evidence REGINA P. PASKO to be the person(s)who executed the within instrument as NOTARY PUBLIC-CALIFORNIA Vice President e s i d e n t PRINCIPAL OFFICE IN or on behalf of the corporation therein ORANGE COUNTY named,and acknowledged to me that the corporation executed it. My Commamn bares line 21.1"1 ITNE y hand and off' Notary's Siorature RIS GRAPHCS.WC NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID John A. Berton being first duly sworn, deposes and says : 1 . That he =xijxa is vice President of Vernon Paving , the party making the foregoing bid; 2 . That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3 . Ihat the bid is genuine and not collusive or sham; 4 . That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; 5 . That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6 . That all statements contained in the bid are true; 7 . That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or .s agent thereof to effectuate a collusive or sham bid. :9 I declare under penalty of perjury, under the laws of the State of California , that the foregoing is true and correct . (ohnA. Berton, Vice Pres. ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. .G P-9 r yy ; ••�• iv � .lam 111 JV r^-e VERNON PAVING Cs d . , Vernon Paving Co. y- 1100 E.Orangethorpe Avenue,Suite 240 (� . wu` Anaheim.California 92801 w 0.-'- (714)449-0222 Facsimile(714)449-0205 y {{ City of Huntington Beach �1 2000 Main Street ► � Huntington Beach, CA - 92648 I r t 'ASPHALT REPAIR & RESURFACING ON ADAMS AVENUEI' BETWEEN ; ! BEACH BOULEVARD TO NEWLAND STREET AND HEIL AV NUE ,y BETWEEN GOLDENWEST STREET TO SILVER LANE" j BID DATE: 9/17/90 @ 2:OOPM - tQ r I� I, I �',1