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
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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
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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,
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(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
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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