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HomeMy WebLinkAboutFECIT STRATA CONSTRUCTION COMPANY - 1985-04-15C_' CA fiond ;�t002119-A CAPITAL BOND AND INSURANCE COMPANY MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: Ti,at_ _FL'i:.Ll trjr i Ceti rr,i, f i oij._ as Principal, and CAPITAL BOND ANO INSURANCE COMPANY as nu►ety, are held and firmly Sound unto C1 I n t IIIi►i t i nr i n;r f in Ri11 1r h _. as Obligee, In the full and just sum Two ;ind 35/100ths--------•--- o1 Twn—hundred 6 Seventy —Fight Thritisilf1d 11l-J11cjct2ti_...txllars(3 128 702 5 r, lawful money of the United Stales, to the pa finent of which sum, well and truly to i me made, the Principal and Surety bind themselves, their and each o1 their heirs, e.eculofs, a �dministratertir, successors and assigns. Jo ntly and se"rally, firmly by these presenlS. WHEREAS. The Principal has enterod Into a written contract dated with the Obligee for for the reconstruction and r_surf.irij• r Broa;cht:rst SL l' e(It betw���1L.Lii.Ililjll.: ciY.Liltis` And )LIm ii,st � Avimile , and dVHEAEAS, said contract provides that the Ptln,:ipal will furnish a bond condil,Oned to g wantee for the period of onc? Y0,117 site: approval of trio final estimate on said lao, by the owner, against all delect3 in wcr•,-anship and maleria.s Mhfch may become apparent during said period. NOW, THEREFORE, THE CrwOITION OF THIS OBLIGATION IS SUCH that, it the P►i•,c,;aal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any detective materials or rvoramanship wriicn become apparent during; the aforesaid period, Ihen this ob'igtilion sha;1 be void. otherwise to remain in lull force and effect Signed, sealed and dated April $- j )86 (Principal) .' (Seal) (Vvllnessl . CAPITAL BOND AND INSURANCE COMPANY ) ISurety) By .1ane Kepner, Atforney•In•�sct FS 51 (5181) _4 STATE OF CALLFOHNIA COUNTY OF Orange j On Lilla SL11 day of Xpril 19 86 , befure me the un4ursigned, s Notary Public In and fur tiald Cuunty anel State, 1se;raun,llly al)lreared Jane Kepner pertiunaliy kriuwrt t.0 tnu (ur pruved Lt; nle uar Lhe ban-ia of 5a►..sf.EeLory vvleJrneu) Lu b,: the per5un whale: 11,11TIe is S01-,cribCd tki this lnatrument a,!i ALturney-in-FILL of C,jprtai Bonj anc Insurance Lornpan; ,and whu bvirt►; by me duly :iwurn, did depuse and bay: that he/sloe ►, At t ornuy-in-Fact ,it Capital B-)n(j and Insurance Company , the CurpL)r- :+tiun cic:icrihed In ,ind ul:ich exueuLed the firufi'dinb instrument; Lhat he:/shy kttCfwo the -3eal Lit S. a.,i Curpc;tatlun; tt'.:s1 the !anal a iim-d cc) Saul instrument i:+ SUL11 LUrp,ji-a t.v tie al.; Lh.lt lI .:s. S% .,i11-%vd by ,auLhuriLy ir.,ntt'd Lau Irtrn/her iCa a1ecordancer ViLlr th, Hy-!.,,wt u; the -.aiJ Corpurat ioll and thast he/:•Ile: �,ub:;crl bezel the rt.Jme: 0i Capital Bond and Insurance Cernr)anya5 Surety arid his/her own nsme as Attorney -in -Fact. .44 crrr'AAMA" (Nucary Publi DCLORES (3QfVZALEZ gyp. ►6' 4W PL:BLJC Gel i.;.h1A m,Nr iPAA cscrt CRAhrt W: .Wn tr, Ce ve*r: v Etc 16h 11. 1981 STATE OF CALIFORP41A SS COUNTY OF Or, this _ _ _ 8 t IT aat of __ _,Ap-r i i_ in the year I9g 6 . o,etore me. the ancetsrgned a notary Puo!,c in and for said State, personally appeared C: f t I.i rrj%t •.--�- _ p^r soraily IncHn to me Volt' 1Fri ED F. NPEn for proved to me rr the rms,s of satrsfactory evidence) tc be the person whose name._ ;�. • , h:, suriscr;be,; to the within instrument and acknowledged to me that !:.he_. • executed it WITNESS my hand and ofticia! sea! Notary Public in and for said State. �:rWNtEn4YEt1-�e��-1•re�co�is Igm MA-y. 5 R: C�t1l2 MOLCOfIf, �wC t}rtat�ss� JI .CAPITAL CAPITAL ND AND iNSUR C'E COMPANY • GT NERAL PO WER OF A TTORNEY 130,;t, :;o.: 002139-A HOME OFFICE - RIVERSIDE KNOW ALL MEN BY THESE PRESENTS, that CAPITAL BOND AND INSURANCE CO., a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the City of Riverside, California, pursuant to the By -Laws which were adopted by the Db ectnrs of the said Company and are new In effect, which slate that: "The Company President shall have power and aurhority to appoint A!rorneys-ln-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke :he authority given to them." Hem mane, constituted and apFninted and by these presents does make, constitute and appoint, subject to provisions and limitations herein set forth Jane Kepner __Of Arinho In . Ca l i f orn i n its true and lawful agent and attorney -in -fact to make, execute, seal and deliver as surety. and as its act and deed, bonds and undertakings, contrac!s ofindemnity, and other writings obligatory in the nature thereof. The authority of such Attorney -In -Fact is not to exceed ON ANY ONE RISK 7%-,o-Hundred b Seyenty-Eiji t ThnuG,lnd Seven Hundred4 '1 ;io itndCyr-Dollars S278.Z42.5 And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all Intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. IN WITNESS WHEREOF, CAPITAL BOND AND INSURANCE �0., has caused these presents to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this Mil day of ILrit , 19s•._ CAPITAL BOND AND I SURANCE CO.r (T r By STATE OF CALIFORNIA Tfesident-- COUNTY OF RIVERSIDE ) ON this Htb day of Aar I 1 A.D. 19 SEA , before the subscriber,a Notary Public of the State of California, in and for the County of Riverside, duly commissioned and qualified, came Tony Jimenez. Jr., President of CAPITAL BOND AND INSURANCE CO., to me personally known to be the individual and officer dascribed in, and who executed the preceding instrument, and he acknowledges the execution of the same and being by me duly sworn, deposed b said that he Is the officer of said Company, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company b said Corporate seal b his Sijnature as officer were duly affixed b subscribed to the said instrument by the authorlty 3 direction of said Corporation, b that the By -Laws of said Company, referred to in the preceding instrument are now In force. IN TESTIMONY WHEREOF, I havo herevnio set Iny hand, and affixed my Official Seal at the City of Rivorside. the day and year first above written. • • • • • • • • • • • • • • • • • • • • • • • • • • • OFFICIAL SEAL • �. GEORGE E. SPRENG • • '`w NOTARY PUBLIC-CALIFORIYU • ' �' IiOtARY BOOM FILED IN • r'�' AIYERSICE COU41rf • M Cc�•m.ss•t++ f.was oclw`»r Is. SIM • City of Huntington ©each Department of Public Works P.O. Box 190 Huntington Beach, California 92E48 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act c% 1972 Gentlemen: The undersigned, contractor on 1l. • J � , Pro]ect No. Title hereby certifies that all laborers, mechanics, apprentices, tra-Inees, 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, CIndA that the work performed by each such laborer, mechanic, appren* icu cr trainee conformed to th.a. classifications set .forth in the contract training program provisions applicable to th6 wage rate paid. r ,4 Signature and Title ,AT) l Y UNl C.G ION tiE ACH O ficr (it It.", City Clerk 11 1). 11"t 1(() IIUItI ni1j" Or i, it '.'.41tt ki:'I• IS - L71"1 PM MU 6 '86 ' '..�•t.. c.•..%.ANC /'•'� rwr1%:_ I5 11Em_-ay Liar, that the contract heretofore awarded by the City Council of the City of' Iuntington Beach, California to FECLT_STRATA CONSTRUCTION COMPANY C�906,95____._ who was the company thereon for doing the f0 lowing work to -wit: EXEMPT ` C7 N01 111 01' CURiPU' T ION repair of broken A.C. paving, colcplaning 5' adjacent to gutter, placement of 0.12' A.C. overlay, construction of medians and landscaping and irrigation on Brookhur;t Street in the City of Huntington Beach, California, Project CC-684. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the 'Ity Council of the City of Huntington Beach at a regular meeting thereof held on March 3, 1986 That upon said contract the CAPITAL BOND AND INSURANCE COMPANY was surety for the bond g;ven by the said company as required by law. Dated at Huntington Beach, California, this 4th — day of March 19 86. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange j ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that szid NOTICE G1 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 4t11 day of March , 19 86_. This deeument is solely for the arriaini business or tho City of Nuntin•ton Beinch, as contem- plated undor Covernmurt Code 56t. 6103 and should be recorded Free of chnrge. City Clerk and ex-ufficio Clerk of the City Council of the City of Huntington Beach, California 611EN RECORUED MAIL Tr • Ct.-GE3•i tAIN Ut 14UNIINGTON tiLACH EXEMPT C ,ce ,rk t�rly �:,f, c 7 tia, °N,��, 86-090426 N t). ilut IW Nuntnvtu,. t3r'.,, r, Cabt 9: r:dr cop. t , N01ICE UF- CUMILLTIOtI NOTICE IS HEi:EBY GIVEN that the contract hcrstofore awarded by the City CUur� the City of Huntington leach, Cal ifurnia to _FU1T -5TP.ATA (r)TPII TTQN ik!P�'11I_—a� _Inz?7,_I.PLtnd ..Yenue._J!+1LLLtis�,_S___—__-----__---- Vbo Was the Lum)any thereon fur dutn9 the toIIuring work to -wit: rept.ir of broken A.C. paring, coldplaning 5' adjacent to gutter, placement of 0.12' A.C. overlay, construction of medians and landscaping and irrigation e,r B►ool.hurst Street in the City of Huntington Beach. California, Project CC-684. RECORDED irJ 0MCiAL RECORDS Or ORANGE COUNTY CALrrORN;A -YM PM MAR 6 '86 That said work was completed by said company according to plans and specifications and to the satisfaction of the City Frigineer of the City of ilui.'Angton Beach and that said work was accepted by the City CUUncii of tt;e City of Huntington Beach at is regular meeting thereof held on _ March 3,_1986 That upon said contract the CAPIT ll BOND AND INSURANCE UWA►1Y wa-. surety for the bond given by the said c.x:,hdrry as require." by 'aw. Dated at Huntington Beach, California, this __-Sth_ day of _—_-March —, 19 94 �`'ity tTer�; and ex-uf"f�c�o erk- of the City Council of the City of Huritinnton Beach, California STATE OF CALIFORNIA ) County at' Orange ) ss: City of Huntington Beach ) I, ALICIA M. '.tENTWORTH, .he duly elected and qualified City C'.erk and cA-officiu Clerk of the City Council of the 064 ; H:.-itington Brach, California do hereby certify under penalty of perjury, tt.3t the foregoing NO1ICr 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 Cc'unty by slid City Council. Gated at Huntington Beach, California, this _ yth�daY of larch , 19X. This docusent Is solely for t:.1 ortlotel business of tl.e City of Huutlneten Beach, as contem- plated under Govertirent Code Sea. 6103 and should be recorded Prey oi• charge. ty Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California i REQUE FOR CITY COUNCISACTION Date FebruarX 20, 19R6 _ Submitted to: Hono•-able Mayor and City Council Submitted by: Prepared by: Charles W. Thompson, City �dministrator� Paul F. Cook, Director of Public Nor':sCITY c,.Yxu � Subject: Reccnstruction and Resurfacing of Brookhurst Street; Cr-6R4 Consistent with Council Policy? I x1 Yes I I New Policy or 'Exception Statement of Issue, Recommendation, "nalysis, Fundinq Source, Alternative Actions, Attachments: P1�'. Statement of Issue: Fecit Strata has completed the reconstruction and r.esurfacinq of 13rookhur9t Street between Hamilton Avenue and Bannincr Avenue. Recommendation: Accept the improvements and authorize the, City Clerk to file the Notice, of Completion. Analysis: On August 19, 19 86 , the C i ty Counci 1 awarded a contact to Feci t Strata Construction, for the reconstruction and resurfacing of Brookhurst Street between Nami.lton Avenue and Banning 14%,enue. The construction according to the approved plans/specifications is now complete and the Director of Public Works recommends acceptance of the project and re- quests that the Notice of Comi�letion he filed by the City Clerk. The following is a summary of contract costs: Council Approved Actual Expenditures Contract Amount S268, 893,00 S278,662. 35* Construction Contingencies: S 53,778.60 710ta1 5322, 671 .60 $270,66-7. 35 *A greater quantity of asphalt concrete was required to alleviate drainage problems. Fundinq Source: Source of rundinq: Funds budg^ted in Capital outlay account *746840 (Pr.00khurstStreet rehab. i S325,000.00 County r;as Tar. Funds 65,000.00 Total $390,000.00 Alternative Actions: N/A Attachments N/A i CWT : PE,,:: PN : dw P10 t/B4 21 CITY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGGTON BEAC- AND FECIT-STRATA~ CONSTRUCTION COMPANY FWTHE RECONSTRUCCT30�1 E�RF'Ar�NG OF BOO iUR8T STREET BETWEEN _--- D�NNNG--AVEN-i E A IF�D --- TEtIS AGREEMLNT is mado and critered into on this day of r- _ _ _ 19- by and between the CITY Of' HUNTINGTON BEACH, a municipal rorporation of the State of California, hereinafter referred to as "CITY," and FECIT STRATA CONSTRUCTICI COMPANY, a sole prorrietorshir, he. einaf ter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a ruhlic works Froject, hereinafter referred to as "PP.GJLCT," more fully described as the reconstruction and resurfacing of Prcokilurst Avenge between Panning Avenue and Hamilton Avenue, in the City of Huntington Eeach, California; and, CONTE! TOR has been selected and is to rerform waid work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the rarties covenant and agree as follows: 1. STATEMENT OF WORK ACCEPTANCE OF' FISF CONTRACTOR shall furnish, at its cwn expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessiry to complete and ccnst.rur_t the in a good and wcrrmanlike mariner. o • CONTRACi'OF agrees to assume the risk of all loss or damage arising out of the nature of the FRCJ£CT, during its 1,rogress o: 1.. for to accel,tance, from the action of the elements, from ,iny unforseen difficulties which ray arise or be encountered in the 13rosecution of work, and for all other risks of any dcscril-tion connected ►.-ith the work, inclUdinn, but not limited to, all exr.er.ses incurred by or in consequence of the suspension or discontinuance of vork, exceFt such as are herein expressly stipulated to he borne by CITY, and for well acid faithfull;: cc.mpleting the work within the _tipulated time and in the manner shown and described in this F.greement, and in accordance with the recc.irenents of CITY under them for the compensation set forth in the accepted Hd rroposal. Lowever, the total compensation to he laid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stiFulated prices named in the Pid Sheet (s). 2. ACCL. A CE 01: CONDITICNS Of' WORF' ; PLANS AND SFECIFICATIMS CONTRACTOR acknowledges that it is fully familiar %.,ith all the terms, conditions and oLligations of this Agrecrent and the Contract Documents (as liereinafter defined), the location of the job site, and tl'.e 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. 2. U It is agreed that the Contract Vocuments 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 CONTPACTOR and its subcontractors, if any, shall be bound by said Contract Locuments insofar as they relate in Fart or in any way, dircctly or indirectly, to the work covered by this Agreement. "Contract rocuments" as defined herein reran and include: A. Th i s Aureemcn t ; 5. Bonds covering the work herein agreed upon; C. The CITY'S standard Flans and Spec;fications and special contractual provisions, including those er► file in the office of the Director cf Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. "he 1962 edition of Standard Specifications for Public iacrks Construction, uhlished by Builder's Crews, 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 Listrict AsEociated General Contractors of the California Joint Cooperative Committee; L. ©id ilocumvnts including the Notice Inviting Aids, the Special Instructions to Bidders and the Contractor's Proposal (attached hereto. as Exhibit "A"); 3. F. The particular plans, specifications, special provisions and addenda al^hlicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the flans or indicated in the flans and not mentioned in the Specifications, shall be cf like effect as if indicated and mentioned in both. In case of 6iscrepancy between my Hans, specifications, special provisions, or addenda, the ratter shall to innediately submitted by CGt:''I'PACTOP to the Department of Public .Yorks of CITY (hereinafter referred to as "DPW), without whose decision said discreyancy shall not Le adjusted by CONTRACTOR, save only at its own risk and expense. Should there he any ccnflist between the terms cf this Agreement and the bid or Froposal of CONTRACTOR, then. this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COVPEl.rSATION CITY agrees to pay and CONTRACTOR ciarees to accept as full compensation for the faithful 1-erforriance of this Agreement, subject to any additions or deductions rude under the provisions of this Agreement or the Contract rocurcnts, the suer. of Two -hundred sixty-eight Thousand, Eigtit-hundred and ninety --three Colla. s ($ : GG, 693.00) as set forth in the Contract Documents, to be paid a, provided for in Sections 1., 6, 13 and 14 herein. 4. 4. COMMUXEMEN'T OF PROJECT CON'TRACI'OR agrees to commeince the F'RO, _-•CT within ten (10) working days after notice to proceed is isrued and shall diligently prosecute PROJECT to completion within Forty-tive (45) cal en(3ar/working dais from the execution c4 this-kgreement b,p CITY, excluding delays provided for in Section 11, herein. 5. TIME OF 'THL ESSENCE The parties hereto recognize and agree that tier_- is of the essence in the performance of. this Agreement and each and every piovison of the Contract Documents. CON7FACTOp shall Frspare and obt-nin approval as required by the Contract Documents for al: shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its %.,o-k in conforr^ance with the l,rogress schedule set forth in the Contract Dccurrents. CONTRACTOR shall coordinate its work with the work cf all other contractors, subcontractors r,nd CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJE(-T and in accordance with Section 4 herein. CITY shall have complete control of the premises on which the work is to be perfcrmed and shall have the right to decide the time and order in which the various I.ortions of t:ie work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all natters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 5. E� C( 1" (4 C.11,1. 1 i16herc s t, r i ct I y t r thu I I ams S I t- ( : i f ; c l *, 'i ( ' 11 f-: ­ .: t f C.., r t 1, : I. f 4. 1 ( C-I. t I. iC t I . ( ;_.' Ll Mf - 1: L f7 U I. SF is thorc frnr i 1 1, %.1 1 t i 11 rj i Y t h c I PW . i: a i 1 11 c 1, a r r, � , f lira 1 Es - a m: or f orr. C-i 1 1 (-)r'r, i ror. re r. f the FPC,7Fcrr r,n c,t­v(, - i t c r. :'}:,I 1. C f t lie I Y r tA -.rat helve not 111ol, :1 1-1 T' i t 1' t f t F A s i L i I ri f., c t r n, s --i I re f I e c t 4 t: 1 , c, c f ! k.. (" t c .4- t !, (:- ; : A ) i, r. ( � , ' . 1,( 1, 1 c? t ) 1 v I ' 1, li ; ..(.-t i. ( 1* c i- t c, i, .:c (" (,!-, 11 Probe sa I , t) -. C- V, c 1A _,; 1'. 1-1 1 1 4, ( ; -. r f r r � ,: i t c) [ I ie r'n,-i ricies r k,7 c r t, cA i v; r i t I -A. i c r s r c: f s hi -I I I n C! c 0 t t e C: 1 cN!-, t 1:,(, 1 c :i I. r c io (1(-it.ii C C AC." ( Y i -, i c 7. n 6, r il c., t I r I c Wi I 1 1, ,-I ( i j U IF ' C, c ; I.; I (" i.-,I- ; l-. -, I' (;. .-I t ', .( - . , I. c- I I . N n w c, r lk c, r q u cr.-.,c(-- c4r ili, rl,,, r rc-n u s s �j n (I tint c) t c e t n F r (-. c L, c2 (i ),, ;j .1 Y. f -. f. .11 t C) t 1) 0 - .,- v 1,C) F 11 - 't� c Y, L I T Y C I'I1 d c, (2 s r, c t %,, a i ra i i i r c- h'i 1. I I c, ava ti on the date th(- Ncticc- to I roceed is i SELIVC] . In event of r, delay it, c.ommenc•oment o -IX wort-. dues t c iinri va i l rsl; i 1 i t" of the job site, for ,-ir rc�:�: �:;r., reI is f try tl;c� �c:!:';F'F,C'i0R sL I I Ye 1 iri Lec? tir..c� ttitc!nsiot+ edur�l tc� thc� c!e1,-:y Cl, uc to Furh 17:3%(Ii.Ia1,i1tt' . F. 11(_'f,1) CC.NTR«CTO!", r icr tc. er:r er i r:r upon the I f_-rforrance of. tttis Lnrevr.er:t, fi:rr.i_h tl:c fc:i lowir c l:oncls art-rovec 2.1 the Lit}' l:ttc;Yrey: 'r.�: in tl:r. , ount cif cne 1,tindrec? I erc:ent cf 'Aie ceritrzict l.rice to q.ur:rAec- the CC'tiTFACTOF'S faithful p(2rformance cf t}, west. ar, dl to v.arranc. :such I- erformance for a I-eriocl of ctoe ( I ) yvar aft_c•r CI1S accchtatice thereof, and one i n the ar.—K Unt c.,f f i f. ty I-ercvr t ( SOY. ) r, f the con t. ract. trice tC C.,craratAve I-' }'rr.r.t r-)f r111 clairr for lFl-car and naterials furni s1,cd . :•. �ieFF?.t:'i Ik:S The CQi.TPI•CTOF uncond i t i ona 1 1 }- r u,i rantees III1 :,c,: k clone under this: Fcreer.vnt inclu(liric:, 1,ut n(rt limited tr_, ar.y workmanship, lnctallation, fal-•ri(-,ztion, material rr t:tructural facilities constructed. Withir. ten (lC') la),s after notice L- CI:Y of any defect in the work, :-Ball have the option to nuke al f-rol,riate rel.airs or rel:lace the clefective- iter� or i terns . Uhori expiration of: such ten (10) dal, l,eriod, CITY may then make appropriate rel.uir or rel:lacement at CONTPAC7OP'S risk and expense. 7. 10. INDEPENDENT CONTRACTOR It, is understooc? ,Inc' agreed what the CONTRACTOR is, :inr shall he, acting fit all timer, hereunder as an independent contractcr and not as an employer_ of CITY. COl'TP.ACTOR shall. secure, at its expense, ;Ir.,' be responsible for any and all payment of income tax, social security, state disability insurance compensati;.,i, unemployment compensation .and other payroll deductions for CMTRACTOP and its officers, aaents and employees, and all- hus mess licenses, if ar.y, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in cane the total word: called for hereun(ler is not in all parts and requi--'emer.ts finished or complete(.] within the number of calendar days as set forth in Section 4 herein, damage will be sustained by CITE'; and that it is, and would 1,e, impractical. and extremely difficult to ascertain and determine they actual damage which CITY would sustain in the event of and by reason of such delay, - It is, the. a fore, aare•-?d that CONTRACTOR h i 1 1 pay to CITY, as liquidated da:^ages and not as ,a penalty, the nun of three hundred dollars (t3001 per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth in Section 4 herein, which sun represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the a. foreseeable losses CITY would sustain in tt,e event of and })y reason of c;uch 6(-"ia1-; and C'O1,INI.CI'OR agrees to fray said da:;rages herein provided, fknd further agrees that C 111` may deduct the amount Llicreof from any :,.ors i es Clue or that r:ujy 1) come clue to CONTRACTOR hereunder. CONTRACTOR will t)e grunted -n extension of time and ill not lac- assessed damages for any portion of the delay in completion of the work. due tc unforseenble causes h,eyond the control and t:i thout the i au 1 t or negligence of CCr:Tr:AC'TCF, including, but not restricted to, acts of Coca or of the public enemy, fire, floods, eel: iericE, C'uaiantine restrictions, strikes, unsuitable weather, or de -lays of sul-contractnrs due to such causes. CONTRACTOR shal 1 , u i th i n fifteen (1 5) days f.rorm the tecir:ning of any such, uelay (ur,le;ss the Ul';•; slral l want a further period of time prior t7 the date of final settlement of the Agreement), notify tLe DPW in wr i t i no of the cause of the delay and CI'11' shall extend the time for comp 1 e t i nr the work i f , in its judgment, the findings of fact thereon ju ti fy the delay; and the decision of the FPU -shall he conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the wort: by the act, nec sect or tie fault of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused 9. .)y fire or other casualty at the job site for which CONTRACTOR is not resyonsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the F..art of C011,`RhCTOR, or it, tl.e event of a lockout by CITY, then the time herein fixed for the comrJeti.on of the work shall he extended by the numlder of days the M.TRACTOP Ives thus heen delayed, but tic allowance or extension shall be rade unless a claim thenefcr is I:resentedl in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or darages for delays, irrespective of the cause thereof, and including without limitation, the furnishing of raterial by C17A or delays by other contractors or subcontractors, will be allowed and said extension, cf time for completion shall be the .sole remedy of CONTRACTOR. 12. DIFFERING SITL 'XiLoI.ITIONS (1) Notice The COt:TRACTCP rhall promptly, and before such conditions are disturl-ed, notify the DPW in writing of. (a) suhsurface or latent physical conditions at the jot site differing r;aLLriZ,lly from those indicated in this Agreement or the Contract Documents; or, (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the 10. • character to be yerforved under this Pr reernent. The DPP shall I--zomptl y investigate the conditions and if it finds the-.t such cot.ditions do materially so differ ;and cause an increase or decrease in tl,e time reCIuii-ed fcr performance of any Bart of the wort; under thi i Agreement, whether or not chanced as a result of such cor.0 i t ions, an equi taiA e ad jurtment shall 1;e made and the Agreement modified in writing accordingly; (?) Time extension Nc claim of the CCNTRACTOR under this Section shall be allowed unless the CCI.TRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may he extended by CIZY. 1�. VARIATIONS IN ESTIMATED CUANTITIES The quantities listed in the rid schedule will not oovern final payc:ecit . I-ayre rst to t-J.e Cc:111"'1 k.C'TOI,- %•, i 1 1 le made only for the actual quantities of -_,ontracct itesris used in construction of the PPOOLCT, in accordance with the I ]an.-: and si-eci f icatieris . Upon completion of the PROJECT, if the actual quantities used are either more than or leso than the quantities listed in the bid schedule, the bid price prevail sul jec, to the provisions of this Section. The DPW may, at it-s 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 PRCJF.CT are in variation to the quantities listed in the bid 11. schedule. No claim by CMTRACTOR for an ec;ui table r.dju stment in price or time for coml_let icon shoal 1 he al lowed i f asserted after final payment. under this Agreement if the quantity variation is such as to r.•ause an increase in the tire nece! sary for completion, the PPI, rhalI ascertain the facts and circumstances ar.d rya}:e F:uc11 adjustment fc,r E.:x.erjdiny the completion d�-�te as in i is 3udgment the f ind. rich: warrant . 14. I=RvC.PLSS Each month the rrr, wriII ,rake ar. estinate in writing, of the hark 1_-erformeci by Cf.1.'1l1;hC:C1 and the value thereof. From each progress estimate, ter, percent (10,) will he dedAucted and retained kLy �'I1A and the it•riiiniier, lass the arour.t of all previous payments siricc co,: mencement. f the work, will he paid to CUJI-RALrIG.R. When COI,TRAC'roi: i as, in the judgment of the LFW, faithfully executed f: ft} l ercent (`01) or more of the value of the work as determined from the t)id schedule, and if the PPP-, finds that satisfactory procross has Uteri and is 1-eing made, the CONTRACTOP tray he paid sucl,s.urn as will hr i ng the payments of each r.onth ul, to one Lund red l ei'cent H('(�$ ) of the value of the work completed since the commencement of ti - PROJECT, as determined by IAW, less all lrevious paynents and less al previous retained amounts. The final payment, if unencumbered, or any part ttreteof unencumbered, shall be made thirty-five (35) days after the acceptance of the worfi and the filing of a Notice 12. s e of Completion by CITE'. Payments shell he made on demands drawn in t1;e c;,anner required b, law, each I•ayrent to be accompar:ied by a certificate signed by '..he DPW, a f f i rming that the worl; for ► hich payment is demanded hf-s peen yer formed in accordance %.'i t•h the terms of the Agreement any; that tl.e .amount stated in the certificat►_, is Chle under the tr_rms of the Agreement. Partial payments on the contract price s'i a 11 not be considered as an accel.tance of any Hart of the ►•:crk- 15. W ITHFIELP CONTPAC T FUI�i}S, SUBSTITUTION OF SECURITIES At the request and expense of COI:TRACTOR, who shall retain Lene£icial ntvnerrhip, and receive interest, i f any thereon, CITY sha..1 perrit the sul-�stitution and deposit therewith of securities to the ar.ount of any ronies withheld 1-.1, CITY to ensure I-erformance under Section 13 of this Agreement. 1G. AF1'IDA1,,'ITS OF SATISFACTIot, OF CLAI,,NS After the completion of tLe work contemplated by this 1%g r eement , CONTRAC'TOF. sl►all file t. i th the 1 � ' its affidavit stating that all workers and persons vml� loved, all firms suphlyinc materials and '111 sul-contractors ul:c:n PROJECT hinve been paid in full and that there are no claims outstanding against PROJECT for either labor or material, excerpt 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 Eitatutes of the State of California. 13. 17. WAIVER OE' CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against C'TY under or arising out of this Agreement. 16. INDEMNIE'ICATION, DLl-11 SE, BOLD lilt h!•1LESS CONTRACTOR hereby agrees to protect, defend, indenr.ify and l.ol.ci and save ha.rmlers CITY, its officers, agents and employees against any and all 1ity, claims, judgments, costs and deivands , he ever caused, i ncl uc i 2,q those resulting from death or injury to CONTRACTCiF'S employees and damage to pror.ert� , arising directly or indirectly oi;t of the chl irations herein undertaken by CONTRACTOR, or out of the operations conducted by CUN I RACTOh, re(.a rd lesr of the ,active or rasr i ve nature of any negligence by CITY, save and except those wbicli arise out of the sole negligence or scle willful. misconduct of CITY. C.CN'TRACTOR brill defend any such suits at the sole cost and expense of UNTRACT(74', when requested by (_ITY, and any costs of defense or attorney's fees incurred by CITY in enforcing this chl.igation will l)e reiml-,ursed to CITY or inay be awarded to CITY by a court of competent jurisdiction. 1 ° . WGIRKERS ' COVPD.SAT ION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against 14. liability for workers' comnensatior; CONTRACTOR covenants that it kill coml-,ly with such l.rovi sions prior to cor.-mencing performance of the work hereunder. ;,1irill raint,ain such 1•forkers' Coml.,ensation Insurance in an amourit of not. less than :,nee -hundred Thousand Dollars (t-1CC,C0G), �.L all times inci rer:t hereto, in forms and underwritten by insurance companies satisfactory to CITI ; acid C0;S'TFF,(.T0R shall, l: r i or to comr. onci r,g per forr i-ince of the work hereunder, furnish to CI'I'"', on a form apl�roverl by the City �:'_tornel, a certificate evidencing such insurance; said certificate shall. include a provision that the insurer shall notify CITI' at least thirty (3G) days prior tr) any cancellation or modification of said insurance laclicy; and CONTRACTnF shall notif%, C_'I T�' at least thirty (3C) days prior to r.ny cancellation or modification of such policy. Said insurance shall not derogate from the l:rovisio►is for indernification of CITY 1,,, CONTRACTOR under Section 16 of this Agreerent. sliall recluire all stil,cr.ntractors to I-rovide such 1:orkers' Compensation Insurance for all of the subcontractors' employees. Cu'.71.1I(-'701= shall furnish to CITY a certificate oi waiver of subrogation under the term., of the Workers' Coril;ensatior, Insurance and CGhTRACTCF Thal l similarly require al.1 subcontractors to waive subrogation. 20. INSURANiCE.' A. CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, bodily injury anO property damage, liability insurance Policies including automotive hodi.ly injury damage liability insurance, underwritten by insurance companies in forms satisfactory to CITY for all operations, su'bcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies sha.11 name the CI'PY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTPACTOR 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 Cane -Million Dol)ars (t1 , 000 , 0000) combined single limit cove rnoe . CONTRACTOR shall. require its insurer to waive its suhronation rights against CITY and agrees to r-rovide certificates evidencing the same. B. Before Cnt.TRACTOR performs any work at, or prepares nr delivers materials to the trite of construction, CONTRACTOR shall furnish to CITY certificates of insurance 16. 0 subject to approval of the city Attorney evidencing the foregoinc insurance coverages; said certificates shall provide the name and policy number of each carrier and pol icy, and spa l l state that thV policy i e, currently in farce -.nd wi l 1 r nt Ile cancelled without thirty (30) days written notice to CITE'. CC41RIC'IU1 shall maintain the foregoing insurance coverages in force until the wort: under this Agreement is fully completed and accef ted Ly C: 11"k . Thr- regL1.rement for carrying the foregoing insurance shall riot derogate fror the I rovisions for indemnification of CITY by CONTRACTOP. under Section l E of this Agreement. CITY or its representative sha11 at all times have the right to the original or a copy of all said policies of insurance. CONTRACTOR shall I:ay, , in a I. ro:r,I: t and timely r..,-Inner, , the premiums can al.i insurance her-eirial-ove required. 21. 1. k FAULT :::?►: 7I_Rt',I NA I I Oh If CONTPACTOF: fails or refuses to prosecute the work hereunder with di linence, or fails to corrl-lete tl•n work wi ti.in the time specified, or is adjudncd a 1-,inkrurt or rrakes an assignment for the 1%enefit of creditors or- 1•ecomes ►-.7oivr-rit, or violates any crovisio;; of this Agreement or the Contract Cocuments, CITi, may give notice in writing of its intention to terminate this Agreement. Onless the violation is cured within ten (10) dzys after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it 17. • 1:1��}' l:�►v��, terriir:ate, this i.,greement tii:on tl.e L,:e,)Jrat ion cf tl:at t:r',f'. t'i-nr, ::11c1► (Ofaul t- 1,}' C.(Ai'Ii</ltTOY, ClVI MI` el 2 t trot to terms mite thi s Aa rer?meat ; ill SLIC), event CITY m, 7 hake 9 00 tr.e ciE:fiCie.-ncy ir, WhiCII the (IefZ :Ilt car:sists an(i deduct the resulting s frog: the Ir.ogress payments then or to hecome due 1.o C',NTRAC:'Iu.R . 22 . I'ISPCS I ° IC)I; OF I=LAUS, EST IMr - ES AND OTHER DCCUt'I:t:TS �:G1;I'RF�C'1GI. agrees that ufcr completion of the r:orl, to Lc� i_erfc:,ri.:c(I I.ereur.cier, or (:.:arn e_(�ir l ier te_-I,- i nat. io. C)f t1,i s �•.greer:,ent, all on^_,in�sl I laps, si-eci f icritions , drawings, relcrts, cjzlc:;lntirr:s, r and, .:thr_r rir.:(-umo^ •r.ts Fertc?ini`l! to this Agree.,ent ;.all 1`e deliverer: to CiTi l--c-cone its sole 2?. '.C.._11.SSICt"ApIJ Iii Ci-JP.'I P;1('7CI- 1 1 rlOt. =1 1 , , ns I CI., t ra ns fez . !'Cnvey or encurher t h i :, i•.rireer,er.t , i'i ::r j I't1r t 1. -i eo: , C.r FIny r i(:1,t Cr duty cLeat e(. ht'rElr., H'1 thout r ix i r :rr h'ri t tv.,r consort C: l:ITY an(' the E: uret f . . 4 I'I YE;_ ", AM. C F I I C I Al.!; CC;t:TFACTC)F•, shrj 1 1 oy no C I'i 1 f f i (- ► a 1 nor any rec:ulaI- C I TY car-:i,1OV0r ir. t11e, t;c,rk ve fnr"rE'd Ltiito this Agreement. In accnr!ii:nCe° With CaIiforn.�i !_c-:'ernment C�-I Sections 1 N, fit Sec;. , I ut r;�hje ct to the oxceyt inns therein set forth, no CI'I." official r�r employee shrill he financi-illy int­�re_ted in nor derive any financial Eenefit, either dir.e,t &y or indirectly, from this .Ngreement. l l . I] 25. ?%TTCl,NLV S F LS If any action of law or in equity becomes necessary to Enforce or interpret the terms of this Agreement, the prevailing party shall he entitled to reasonable attorney's fees, costs, acid necessary disbuzsements ir. acMition to any other relief to which that party may be entitled. If any action is hrought against CG1:7'fi%CTCR or any subcontractor to enforce a Stol- I'otice or .,otice to withhold which narnec CITY as a party to said action or by reason of %,'lick CI'1'4 incurs L .I:erlses, C111 shall tie entitled to reasonable -,dminis*rative and att.orney's fees, costs and necessary distursements arising ouL of the processing of said Stoi: !Notices, Notices to Stiithhold, or any similar legal document necc s E ary to the 1, ruse u t i on of such act icr,. Sa id obligation shall he pro %,ided for ir; the lahor and materials payment Lcnd required of CGN71•A(-7 C'1F' . CITY ray charge an administrative fee of One-hunrirer_ Dollars {r1CC? for every Stop Notice f i li!d.. in efcesr of two, re0al—' less of whether or riot CITY is named In ari action. CITN may i-'t nff anv unreirhurseu cost cr expc-nse so 1r1Cu"r(-d au.,.inst Firly sill:'. cr sues owes 1`y 1 IT) to CONTRACTOR und-2r this Agreement. 2 Nc. i I LES 11 notices required or yezmitted hereunder shall he delivered in person or by recistered or certified mail to an authorized representative of the Farty to whom delivery is to be made, at the place of business of such party, or to any other place des;ignateL: in writing by such party. 27. CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. (PEST CF PACE t:0" USED) �C. 26. ENT I RE:T1 The foregoing represents the entire Agreement between the parties. IN WITNESS WVEP.ECF, the parties hereto Dave caused this Acreerient vo Le executed by and through their authorized officers the clay, month and year first above written. _ CONTRACTCF : FEC I7 STjq.--.TA CITY CI' I.TiN'I'i t.Cl-01 c EACP, COhS'iRUCTTON C011FALY, a sple prorrietorship, A municiral.corporation. MAR 1M-14E SAIfA-FT*,'%* r:ilcr _ -- ta.}or ATTEST: • , lam' /� � � ..�• � City Clerk kE%11EWEV APPPG%!L[): City I,r3lministr.a�or jN:Iv C775I, 21 . �,PPNC`ti E I: AS '.7C. F'ol' : Ci+ i t �'ctor o f F u:-1 i s V.orks • - s ;, CITY OF HL. NTINGTON BEACH t' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 27, 1985 R. J. Pioble Company 15505 Lincoln Avenue P. 0. Box 620 Orange, CA 92666 We are returning your, bid bond which was submitted with your proposal for the improvement of roadway along arool:hurst Street between Hamilton Avenue and Banning Avenue, Project CC-624, in the City of Huntington Beach. The contract for thi s ,job was (%warded to Feci t S tra to Cons trur. t i on Company of Whittier. to would like tau take this opportunity to thanik you for your interest in submitting -, proposal. Alicia M. Wentworth City Clerk 41W: bt Enclosure 1794phone: 71 "36.62V I 0 CITY oIF HuI1l1~ iNGTON BEACH 2000 MAIN STREET OFFICE OF: THE CITY CLERK September 27, 1985 Fecit Strata Construction Co. 10727 Leiand Aienue Whittier, CA 90605 CALIFORNIA 92648 RE: grookhurst Strcet Reconstruction & Resurfacing, Project CC-684 Enclosed is your bid bond, a copy of the executed contract with the City of Huntington Beach and a Certificate of Compliance form. The Compliance Form must be signed at the completion of work and retur;1ed to this office. In addition, the following items must also be on file, with this office, before the City can release any retention funds. 1. A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. 2. An affidavit stating that all workmen and persons employed, all firms supplying raterials, and all subcontractors have been paid in full and that there are no outstanding claims against this project. Should you have any questions or concerns regarding the enclosures or iterns that must be on file in this office prior to release of retention funds, please call Don Piobi�3., Contract Administrator, 536-5441. Alicia M. 'Wentworth City Clerk AMW:bt CC: Don Noble, Public 'Works Dept. Enclosures: Bid Bond Cash Contract Certificate of Compliance (TNaphonr 714.536.52271 0 CAPITAL BOND AND INSURANCE COMPANY 4184 ORANGE STREET, RIVERSIDE, CALIFORNIA 92501 (714) 781-2100 CONTRACT BOND--CALIFORNIA FAITHFUL PERFORMANCE --PUBLIC WORK BONG Initial premium charged for this bond Is '1ty �ltto:ua3' S5 318 00 -__ -- �_ ,-_-__—. subkct to odlustment upon completion of contract at applicable rite on final contract price. KNOW ALL MEN BY THESE PRESENTS, That of 7' 7 1 - a I an �x !Llti� h! S_t1s- _ `�Ofi05 _ _ . __ _._ __ _ _ _ -- _ -. as Principal. and the CAPITAL BOND AND INSURANCE COMPANY, a corporation organized and existing under the laws of the state of California. and authorized to transact surety business in the State of California, as Surety. are held and firmly bound un"o ._. ___.t_t, ..�rf._ ����r t,rdtc� tJe��c t• in the sum o} :r� :n ..�:�.. `..t..-tt rc� - --- + �i Ir-Dollars (S' for the payment whereof, well and truly to be made said Principal and Sure-ty bind themselves, their he;rs.admin- istrators, successors and assigns. jointly and severally, firmly by these presents THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That VHEREAS the above -bounder, Principal has entered into a Contract, dated 19 with the to do and pertorn the follow:nq work to -wit fc! 'f�.• rf?:1-ri`•t►t. tI''. '7! rc verlue. NOW. THEREFORE,if the above -bounden Principal shall faithfully perform all the provisions of said Contract, then thrs obligation shall be void: otherwise to remain in full force and effect Signed and sealed this . 16It, day of enton', er 19 r: -1t Strut-: Ccn-tructlon- _ nRINCIPAL r CAPITAL BOND AND INSURANCE COMPANY a Vaal L. _ Nitt , ATTORNEY -IN -FACT STATE OF CA-LIFORNIA SS, COUNTY UN Orange ) On this 16,h day ut Septernbor , ly , beture Me the undersigned, a Notary Public is unl: fur said Cuunty and State, pen unal ly aplwared Neal L. Witt _ pv:aun,.11y knuwn to Me (ur piuv1:►i t►, lue u11 Clio babin of satisfaCtory evidence) to be the persult whuse name is subscribed to Lhit, in:�trument as Atturney-in-Fact of Capital Bond anc2 Insurance C,on-pany and whu be int; by we July sworn, did depuse and say: that he/she is Attorney -in -Fact of Capital Bond and Insurance Company , thu Curpor- at i.un describuJ in and which executed the forel,,oing instrument; th'A he/she knows the seal of said Corhor-atiun; that the heal at timed to said instruruent is such curporate seal; that it w., au aftixcJ b,; authurity granted to him/her in accordance with thy Sy -Laws ut the said Curporat iun al►d that he/she subscribed the name of Capital Bond and Insurance Company as Surety and his/her own name as Attorney -in -Fact. Ic 'AlCA"' (Nutary Publi ) i DOLORES GONZALEZ U41 . «p f4?ARYr'Ullt1C CALIFCR41A cruMcc C XMT'W y M1 1:4 rT.s.crt k10 1 11. Jul CAPITAL BOND AND INSURANCE COMPANY 4184 ORANGE STREET, RIVERSIDE. CALIFORNIA 92501 / (714) 7131-2100 LABOR AND MATERIAL BOND Rrnrl No (10211,19 r CONTRACT BOND --- CALIFORNIA C=~ PAYMENT BO`JD s KNOW ALL MEN BY THESE PRESENTS That we Fe,it Strata Cor)Etructiofl J0727...L:lanu Avenue..'Nhittier. Ca.90E05 and the Capital Bond and Instirarce Cornpany a corporation o►rlanized anti eusting under the laws of the State of California and au!hori:ed to t►arlsact st;,ely busrneSS rn the S1Fite n( CAI!tnrntl as So!ety pare held and firmly hound unto ... %City of 1untington BLaac.t. — as obligee. rnthesumof ire HunL'ced ,hirt. -FuuJ Ft)rt. and S11►10(7ths;------ Dollars l5 13446 aCl i for payment whereof well and truly to hs, made said Principal and Surety hind themselves their heirs administrators. successors and assigns lointl,,, and se'rs:r illy firmly h; Iht'5t' E)►e5ent5 THE CONDITIOf`i OF THE FOREGOING ORLIGATIC)N IS Sl1CH That 4:'HEREAS vie above-hounden Principal has entered Inin- a contract. dated day of t4 with the Obliqee to do and perform the follow nr; wnr►, !o %%,it r rnri,`,r'';1rri arly rurf;lt'!rlr-) r't llt'f'r'', k)i'�..t��'r t'.ilnrli l.I 6-4,onlle? :3r1(: t'{-1m!Iilin A':er-1UE'. NO%'., THEREFORE, if the above-boundrr) Prmcit)al nr his sohc�irit!a tor, r,Irl it) pay piny of the persons named in Section 3161 of the Civil Code of tht. State of California or arnn;,ntr dut-- .indo! ine Unemployment InSUrance Code with respect to work or labor performed by anv si,ch cia!nr,jnt rnr ,any re jt,rred it) he rfedtrcted withheld and paid over to the Fr,anchish Tax Ear):%rd f r()r!1 the veages of enlvlo> t'e ; ()f trip Prr civ.V .nr his stih-contractors pursuant to Section 18806 of the Re%vnuo and Ta■ mt -n Code with respect to suc!, -.vor: ,end lahn► Surety will pay for the same, in an amount not e*coed rrl tho ;tInnunt spocrfiorl in this bnrnd and ,lieu �r) case kilt t , L1rn;rrlht trpnn ihr_ bond a reason- able rattorney's fce 1r, he fr•er1 b-v the cc)!rrt This bond shall tnuretothrthr'nt'frtr?f,any,ant7all t)c)r5nncrTlpinie5n►cti)rpormounserit;tledto file claims under Sec- tion 3181 of the Crol Coil- of thr• Stal, of California 50 as !o rliv' 1 ►1(1ht of ;w,on to them or their assigns in any sort brought ucron this ho-id Signed. sealedand dated tt�!S 1 �1 r, da'; rl <�'tf'I"'ier 19 S5` FH��rt $fiat:, i;rn�tr.,ct;t.r' A' CAPITAL BOND AND INSURANCE COMPANY Jay, Neal L. Witt "%` `•^t No premium is charged for this bond It is executed in connection with a bond for the? performance of r the Contract i STATE. OF CALIFORNIA ) COUNTY OF Or an►jt� -c On thia1f' clay ut ` tf'n,_ 19 Geturu tie the undurslbned, �r Notary Puol'c in jod for said County and State, Nerbullally appearud Neal L. Witt peraunally hnuuil to the (ui' pluved to me uII th►: bash of :,atisfactory uvilJenLu) to bu Elio person whose name ib subaCribed to this instrument as Atturne:y-in-Fact Of Capital Bona ana Insurance :.ompanj Inj ullu bein,; by ate duly bworn, did deouse and say: that he/hho .s At turncy-in-Fact 01 Capital Bona ana Insurance Company t!►e Curpor- atiun debcribod in and Which executed the foregoing instrument; that he/title know, the se.il of ,aid Curporat ion; that the seal of fixcd to said instrument IS suCh corparate ..val; that iE Wa:. !,u .if taxed by authority gt'- ited to him/her in accordance With th.- by-Law, ut the said Curhuratiun and that he/shu subscribed the name of Capital Bond anu Insurance Companyas Surety and his/tier own name as Attorney -ill -Fact. rr J afl:u xk (Notary Kh110 I DOLORES GONZALEZ rrOTAW "LIC cuIrcR..IA orlIKIPAL QRIM IN YI AT.MI 44 alp h+h 17 l9it R �� ._ __.. -_-•— - . -• . �-:_•.cam. _ •..•r_�-..�. -.CAPITAL BONMI-AND INSURANUE CO M PA GENERAL POWER OF ATTORNEY r,OME.. OFFICE_ RIVEI'i`;IDE. KNOVI' ALL htf_N BY 1HESE PRESENTS, that CAPITAL BOND AND INSuV,IAN1Ci_- Ca a COfP01-111on duf1li 0Igatfllzt?d and w isting under the laws of the Slt�lte cal Caiifc�rrii1 anU hay.ng its witicipal ofllc e in the City of Riverside, California, pursuant to tho By -Laws which WVre adopled by the Directors of tho said Company and are now in effect, which state that "The Company Ptosident shall havo powor and authorrly to dppoint Attorno)-:4rl- Fact, and aulhorizo thorn to executo on bolialf of the Company, bonds and oridurtakings contricts of indeninity, and othor writings obligatory in thu nature thoroof drid ho may at tiny trniv in his /tidgrnunt romovo any such appointoos and rovohu the authority given to them. " Has made, constituted and appointed and by these presents does make, constitute and appoint, subject to provisions and limitations herein set forth Neal _L. WiLL._- of Anjheiiti. CaIif`4 rjla_.__,___. -- ----_-.- its true and lawful agent and attorney -in -fact to make, execute, seat and deliver as surety, and as its act and deed, bonds and undertakings, contracts of indeinnity, and other writings ohligta►ory in the nature thereof. The authority of such Attorney -in -Fact is not to exceed ON ANY ONE RISK Tv/o-Hundrec S� +iy-. I('h T4ii 11f ►-i `� ( 1 r 1 r ' n ll'trS___1aaJ'►�.�.��I' ESL__ -�.._�____ ��._..!__i__..-:.Si� sL..�.�:�.::il~.L��i.1L_.i`�1:iL-►::�.i-..�14�� t r.t-..- And the execution of such bonds or undertakings in pursuance of these prese:nts. sf�atl he as binding upon staic Company as fully and amply, to all intents and purposes. as if they had been duly executed and aclknowledtaed by the regu;,irly elected officers of they Company in their own proper persons IN 1NITNES5 WHEREOF, CAPITAL BOND AND INSURANCE CO has CauSed these. presents to be signed by its duly alithorizod officer, and its corperate,' seal to be hereunto afsixea this; _-- ` t'`- ........ (day pf S>��turnber_, CAPITAL BOND AND INSURANCE CO., Fie s, d e n t r-----� STATE OF CALiFonNlA i (70iI►1rY OF A!Vf II'ii0F ON this Sit►, day of ��:�t�rnUer_ .__._... A R 19nefurt tat, stitl�r-rit,e�t, a "�013ry Public of the Slott: of Cart arv:a in MIL1.10f Ine l.ulinty of River,,ide Oily Miirnis!�ionucj anti (luallilied cainC Turl (/ Jimenez, Jr . Pit.-Sidenl of CAPITAL BOND AND INSURANCE CO to rrle priso'laliy 1 n1`10 n to hit I'it- indlvidt,al and olfiCtar de:'scritied in. and who executed the preceding institlrnont, and r1e: ac^nowiedges Irle e'veCutlun 01 the ;iatne and being by men duly Sworn, deposed & Srslij Ih:)I he is the officer of said Company. and that the seal affixed to the preceding instrument is the Corporate So ii of said Company, L% sai,y Co►vorate seal 6 his Signature as officer were duty affiieed d subsc!(heel to th(.a said instrument by Ihel AL11honty ba direction caf said Corporation 6 that the By -Laws of said Company referred to in the p►ecuding utslrutriont ai t3 now in loreO IN TESTIMONY WHEREOF, i have heretnito set my rand. and attued my Olficia l Seal at the City OI Riverside, the day and year first above; wrill.!n eulary E`Irbl 0MIC Ill. SLAII. i GEORGE: E rPRENG i I+vu�!r waa lc -t;�l a ekeM1A MUIAlfT 110hil IIL11) In • lnvt kLlxl CIXA 1 r • • 1/I Can*na►wn (t1++a•+ U�ar�+r !d, 1`1)l+l • 0 :A CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 27, 19C",5 Griffith Company 20?0 Yale '-zanta .Ana, We are returning your !i,; '-.ond wn ch w-i'' with you'r prr,;)osa' p ',r r, rr 'e a _r� �'�►' the ;fi r'r,�Jt?f;IEnL 0' �'0�3�Wc3Y �3 n � t" � :I'St �L� �?t (' •. m.n !'d!'r' 1 tOn 1tvenue and �ar1ninc,venue, r r0 �?-- -1 _C �, 1!1 thi. ,/n 1notQn q"nac►1 ne ccntr-_t for `_hl, jnh wc'-,tr(ita ons'_ruc ran Cc.. 0' hit'icr. Ne would Iike to tarle th;5 OpPo un,' tl;l►t'nr yr_ur int?rest 1 n Si1�,r"1 ti i rtr' d prC?oSd 1. Al i c i a '•'. ' dent;"qcC+'th C i ty C i e r''r: Amw : b t Enclosore (T o10 ptwnu : 714-536.62271 ;, a CITY OF HUN'T'INGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK august 21, '985 Ricnardscn � Le Bouef, !nc. 1404 C South Ritchey Santa Ana , is 92 705 '+e are returning your bid bond which was suhmitted with your proposal `or the improvement ol: roadway along Brook.hurst Street between Hamilton AvenuE= and 8annina Avenue, Protect CC-584, in the City of Puntinctcn Beach. -he contras_ For this Job was awarded _o =ecit Strati Construction Company of '4hi ttier. Ne would like to take this opoor-ini ty to thank you for your interest in submitting a oroposal. Alicia M. wentw' )rch City ClerL, A' -I'd : b t Enclosure I T @Wphone : 711- 536-5??7 ! Jim 6 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK August 21, 1985 Sully Hiller Contracting Company 6145 Santiago Canyon Rcad P. 0. Box 432 Orance, CA 92-666 CALIFORNIA 92648 We are returning your Bid Bond which was submitted with your proposal for the imprivement of roadway along Brookhurst Street between Hamilton Avenue and Banning Avenue, Project CC-684, in the City of Huntington Beach. The contract for thi-; job was awarded to Fecit Strata Construction Company of Whittier. We would like to take this opportunity to thank you for your interest - in submitting a proposal. Alicia .11. Wentwcrth City Clerk A14W: bt Enclosure (U • v+w n • : 714-536.3 2Z7 ) REQUEA FOR CITY C0UNCI1WCTI0N Date August 8, 1985 Submitted to: Honorable Mayor and City Council APPROVED BY CITY cour\•cti. I Submitted by: Charles 11. Thonpson, City Administrator Prepared by: Paul E. Cook, Director Public t*)rks ....L� Subject: BRC.X3F ORST STREET IWCNSTRL)CTICN AND CITY CLERK RESUP.FACING (ANT? 1137) ; OC--684 Canskunt with Council Policy? Yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: STAMOU OF ISSUE: Pursuant to City Council approval of April 15, 1985, bids were received on August 7, 1985, for the irproveirnnt of roadway along Brookhurst Street between Hamilton Avenue and Banning Avenue. Accept the law bid submitted by Fecit Strata Construct -ion and authorize the Mayor and Cit-1 Clerk to execute an appropriate contract in the armunt of $268,893.00. A!"MINSIS : On April 15, 1985, the City Council approved the plans and specifications for the inprovem> nts of roadway along Brookhurst Street between Hamilton Avenue and Banning Avenue, and authorized staff to solicit construction bids. Bids, as st=Tarized below, were received and opened August 7, 1985. Contractor Fecit Strata Construction R.J. %bble Company Gri f fi th C npkiny Sully Miller Richard and Le Boue f Inc. Bid Total $268,893.00 (corrected) 288, 885.20 290,798.00 3110428.00 336,669.00 Staff revicwa_-d the bid proposals and recomn--ands the acceptance of the Fecit Strata Construction submittal. ELM114G SOURCE: Project Costs: Construction Contract, Constructicri Contlnoencies Source of Funding: Funds budgeted in Capital Outlay Account #746840 (ie. Broc burst Rehab.) County Gas Tax FUnds Total Pln 444 $268,893.00 53,778.60 $322,671.60 $325,000.00 62,110.00 387,110.00 Bbi o churs t St. Recons & Resurfacing; OC-684 tr1w August 8, 1985 Page 2 ALTERNATIVE ACI'IC N : 1. reject the low bid and select another contractor. 2. Reject all bids and forego inprcverrents. ATTAC:EMENTS : Location Maps. C3%V:PEC:PN:dw PRo lEcT LocA r10 V 5 MAP E ► FECIT STRATA MEMO • 107'27 L(9ldnd Ave BID PF40PCSAL FMM er, CA 9060` Films Name To the Hcmrable Mayor and City Council, City of Huntington Beach, California: In ccupliance with the notice inviting sealed proposals for the excavation of broken A.C. paving, also aggregate base to aoccmmdate a 0.4' A.C. over 1.55' A.B. section, coldplaning 5' adjacent to gutter, placement of 0.1.2' A.C. overlay, construction of medians and landscaping and irrigation on Orookhurst Street in the City of Huntington Beach. I heresy propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, speci- fications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid frcm any subcontractor or materialn>an through any, bid depository, the by-laws, ,rules or regulations of ,which prohibit or prevent the contractor from"considering any bid fran 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. Far thef'6ihinhing . of all labor, materials and equipment, aril or all incidental work necessary to deliver all the inprovelrnts ocmplete in place in strict con-- formity with the plane, 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: 1. I 450 C.Y. ITEM WIV UNIT PRICE WRITM IN WORDS Brookhurst Street Excavation of broken A.C. paving, also A.B. to accommodate 0.41 A.C.) 1.55' A.B. section at 1 l•ti 0►^� �`� l �' per C. Y . Cold planing 5' adjacent to concrete UNIT PRICE 'DOTAL. R/ 2. 1 27,890 S.F. Igutter at Twr,t%J 1 C E- r per Sq . Ft. P-1 giLSD • I m APPRMC MTE ITFM WIMi UNIT PRICE UNIT NO. QUANTITY WR17MN IN WORDS PRICE =AL Aggregate base at ZI 3. 710 Totes / �%' �✓ per ton. . Asphalt concrete (incl. 0.12' 4. 2, 810 Ttins overlay) at 00 S �ton.n!SC�? ...��� :•..o �l�'> -�', .�� Per 3 h' ._ . Clearing and grubbing at 5. Loup ;um 9 Cons t B-1 curb (8" C.F.) at- 6 . 2 , 880 L.F. .�, r• ,` n,�0 '. per Irrigation and landscaping at I 7. U"Y Stltl 0 rll � �� Ke i �+ J J j2 � ) v,• (I� C� ` Itm'oc' per lurp sLrn. Adjust r anholes to new grade at �"� i-1,�� �-,�� ,�c�+„•, y - �.• �11.'-'s '-- '-=— 8 • 12 Each 2-(oO per each. Adjust water vale boss-s to now � 9. 15 Each Fade at �� � (-1�.. �..x.nt t ��•� 1�►��er each. Total Bid i S ;A.�p 1 W OlbJ� ` ._ J P-2 - . the for it is understood and a that the approximate c;uan shown in egoing proQosal schedule are so ely for the purpose of facili the comparison of bids • and thac the oontra6tor s compensation will be cocrputed upon the basis of the actual quantities in the ompleted work, whether they be n=e or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the oontract time limit allotted for the contract is 4 t calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and futni.eh the necessa ry bonds within ten (10) days of the award of said contract, and to begin work within ten (l0� days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has ocamined careful and a site ' 'of the contemplated, the plans and specifications, and the proposal act there for . 11a submi. ss ion of a bid shall be conclusive evidence that the bidder has investigated and is satis- fied as to the conditions to.be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnishadI, and as to the requirement of the proposal, plans, specifications, and the contract. A664ij�anying t?-as proposal is NOTICE: Insert the worts "Cash," "Certified Check," or "Bidder's Bond," as the case may be, in an w&x]lnt equal to at least 10 percent of the total bid pride, payable to the City of Huntington Beach. The undersigned deposits the Ar ove name security as a guaranty and agrees that it shall be forfeited to the City of Huntington, Beach as liquidated damages in case this proposal Ls 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 forih in the ,specifications and contract docun exits 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 under- signed. Licensed in acooxdance with an act providing for the registration of eerntract License No. %3; 413 A• i 'li D� STRATA ATR CONSIBUCIIIly CD �- 107:7 Leland Ave ',T iiVscr, CA 9%. r) , ' •,_1_ -'1 / f.) 1 Sigature of Bidder Business Address Place of itesfU )�_ W _ Dated this (D day of .� __ • -j.• 19 v Bidder shall signify receipt of all Mdenda here, if any: Addendum No. Date Perceived Bidder's Signature I A S PROPOSED IIFC"MCN RDOUMED CF BIDDER Bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Nam: i��' ►�� 2. Address: !?' ' 3. Tel%*Dne: 4. Typa of f' =vidual, partnership, or corporation: 5. Corporation organized under the laws of the State of: 6. Contractor's License tester: 3 A 7. List the names and addresses of all me hers of the firm or names and titles of all officers of the corporation: B . Number of years experience as a contractor in coLgtruction work: - D - c-� 9. List at least six projects ocnpleted as of regent date: CCN1?AC' r CLASS OF DAZE AMOUNfr WOM MIME E' %WSE, ADDRESS & PHCNE NLMER OF CYATZ R .t r i 10. List the name of the person who trL%wt.ed the site of the proposed work for your firm: 7 Date of Inspection: 11. If requested by the City, the bidder shall furnish a notarized fLaancial statenent, firaancial data, or other information and reFerenees sufficiently oo =ehensive to permit an appraisal of his current financial oo-Mition. P--4 osrGNATION OF SUBCONTRACT In ccnplianor with the; Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Governnent Code of the State of California, and any &mer&entz 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 inprovempnt in an amount in excess of one-half (1/2) of one percent (11) of the prime oontractor's total bid, and shall further set forth the portion of the work which will be done by each subccntractor. 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 wider the contract, he shall be deed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the coaxditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only to permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTIC N OF WORK SUBC'CNrRACrMR' S NAME AND ADDRESS STATE LICENSE NIMBER CLASS '� C�cM z� - 4L►C(A 5C2 I 1 By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is ctwerad in the above subcontractor listing. 2. Iliat thcs City will be furnished ecpies of all sub-mntracts entered into and bonds furnished by subcontractor for this project. P-5 I5ATE': August 7, 1985 - ENGINEER'S ESTIMATE: $307,700 • JOB AND CC NUMBER: Brockhurst Street - Ilmdltcn Ave./CSC-684 BIDDERS NAME TOTAL BID AMOUNT All American Asphalt CarIsm Is Lwxiscape General Producemant Inc. Griffith Ccnpany Industrial Asphalt W,Grew Construction Cc npa.-ly, Inc. Sully .Miller w-bergall Construction Company R.J. Noble Nu west Landsczpe Richardsm F, Ie Baue f f 6 t0 Fecit StrataToyota Lands gape RECEIVED CITY CLCRK CITY 0 • NOTICE INVITING SEALED BIDS CC— 684 Notice is hereby given that the City Council of the City of Huntington Beach, California will 'receive sealed bids for the repair of broken A.C. paving, coldplaning 5' adjacent to gutter, placement of 0.12' A.C. overlay, construction of medians and landscaping and irrigation on Brookhurst Street In the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public `'forks. Documents will be available on i ne 10 , 1985. A charge of $10.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item Duantity 1. Excavation (0.4' A.C./ 1.55' A.B.) 450 C.Y. 2. Coldplaning (5' adjacent to gutter 27,890 Sq. Ft. 3. Aggregate base 710`Tons 4. Asphalt concrete (incl. 0.12' overlay) 2,810_ Tons 5. Adjust manholes to grade 12 Each 6. Adjust water valve boxes to grade 15 Each 7. Construct Type B-1 curb (8" C.F.) 21880 L.F. 8. Clearing and grubbing Lump Sum 9. Landscape and irrigation Lump Sum In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Directcr of Public Works of the City of Huntington Beach, California. Plans and specifications, together with proposal form, may be obtained at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public ;forks. The special attention of prospective bidders is called to the proposal requirements_ set forth In the specifications, for fell directions as to the bidding. The above quantities are approximate only, b^ing given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by imp'licitions agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may by deemed necessary or expedient by the Director of Public Works. All bids %ili be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. N•1 oubstitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Cade, Section 4590. Each bid shall be made out on a form to be obtained at the office of the.O1rector of Public Works, Development Wing, 2000 Mein Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Buildinq, 2000 Main Street, Huntington Beach, California, on or before 2:00 P.r% Of 1985, and shall be opened by a committee composed of the City Clerk, L. City;—A'torney and Director of Public Works ;,r their authorized representative and the results of said bidding will be reperted,to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 19 th of August 19", at the hour of 7:30 P.M. in the City Council Chambers In the Civic Center of said City of Huntington Beach, and shall be ucted upon by said City Council at the regular meeting of Aug 19 9 1985 The City of Huntington Beech, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this April 15 19u. ATTEST: Alicia �'lentworth City Clerk N-2 . • •,, CITY OF HUNTI.NGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Paul E. Cook Public Works Department Director (714) 536.5431 To City Clerk: Notice Inviting Sealed Bids L�ublication in Huntington Beach ►.ews on . Remarks: Authorization from City Council to advertise 4•iSr�BS. Bid Opening Date AUGu:,T 7rTime Encrineer I s Estimate ��� � , `'1 Oo . ery rely ur Pa 1 E. Cook Director of Public Works PEC:JFM:lw Submitted to: Submitted by: Prepared by: Subject: REQ COUNCI CTION"L =- OR CITYl�► c � Honorable Mayor and City Council Charles W. Thcrpson, City Administrator Paul E. Cook, Director of Public Reocnstruction of Broc*.hurst Street Consistent with Council Policy? [XI Yes ( ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actiorn, Attachments: X-/ Statenent of Issue: U The existing :roadway cn Brookhurst Street, betwaen Ba-ming Mvriue and Hamilton Avenue reeds to be reemstructed. Aecamwendation: 1. Apprme the attached agreements with the County of Grange for AHFP Project #1137 (Brockhttrst Street),, thereby authorizing the Mayor and City Clerk to endorse the documents en behalf of the City. 2. Approve the plans and specifications for this AHFP Project. 3. Sui%sa.7uent to County approval of the attached Cocp rative Agreement, authorize the Dire' -tor of Public works to solicit bids for rmnstrt--tion. Analysis Based on a resolution of rest fram the City, the i proverrents along Brc&.hurst Avenue (Banning Ave. to Hamflton St.) is included in the 1984--1985 Orange County Arterial Highway Financing Program (AHF?) . 'I'tie- scope of the improvements, as described in the attached agrements , include renovating the existing travel lanes. The responsibilities of each agency and the reans of funding the irrprovments are also disclosed in the agreenents . In conjunction with the street renovating, the City is installing the raised, lar4scaped median. itmiiing Source: Estimted Cost of Projects: $309,300 Sources of Revenue: County Gas Tax Funds: $ 62,500 City Gas Tax F1m3s : -City Fiscal ,Aom=t 174 ',840 (Brookhurst II) : $246, 500 A1t:ezrativ+e Artims: Deny approval of the i-9venents and the plans/specifications for these projects and ♦��p forego tile -,ts . Attac�.nts: Cotmt:y Agreements for ArffP Project #1137. CWr: PM : Dial: lw .400 P1 o 41S4 ntt�saa• M flfa _ Superior Court a tom ITATS or CUJ7ORNu to and for the County d Gleams CITY OF HUNTINGTON BEACHt CITY CLERK !halo d California Cl.,P"ty orChcaV )M MARY E. HERBON ?hest l am'and at all tlmee hertia mentioned was a citizen of the Uaitad States, owl the age of twenty -oat yuan and that 1 am not"s pi uty to. woe intererat,ed is th+ above entidrd matter, that t an tht prineipa) clerk of file printer of the HUNTINGTON BEACH IND. REV. i, Dvnpeper of gooeral circulation, published in the City of HUNTINGTON BEACH �.., County of Oraoje arrd which orwepaptr it'publuded forthe diaeatntloa d local w•es and Intelli�eact of s general dsartte• tayj aid which wwsprper at all times herein awndowd had aid otM has a bona fide tubcription list of plying subscn'btrz. sad which Newspaper has been established, printed and put*. lished at rarWu intervab in the said County of Dranjt for a period oaoeoding o D e year. that the Douce. of which the annexed Is a printed copy, bu been published in file ragulu and tatim leiaue o! said newspaper, and Dot it any supplemtat tbered, ae the following dater, to grit. May 30, June 69 1985 1 .rt•ify (CW derlere) 11PArt penalt.• of-trjctr) th+t the forego- L" iw true MW oelerse't Dat.dat...... 6ARDEN GROVE ..................... Califorlala. thin . . fit h- day ad • J one... It ....4 . . f' ...................... MARY E. HERBON�t J • NOTICE INVITING SEALED BIBS CC-684 MatecE POTI NG aUUM alto cr-464 ISotia k ltef* JIM Wt tkA LUI CAW01 d ►M 01 d H HvdK � f.1d:rM rsll t*.ec•e eaaW 6� (oe tb np�s d hnit� A� prrr+e. a �e� ad�ueeet u r+n+*. yraara✓areK d _f_ at A&#w*, oe ouwt►m i( cw,=I aed ktitWtha w Brcwlhtaet� tkrtet is Ow City d Hwt*w 11 1 tr estWdene With Wp1�s and vmsfiew" and WWpeo� ernes+ er rJ. aie d trnte d W vir,retor d t�uMie W'wta Dcc wwwA ad a•adaeie w Jsaw 10. IWAL A dwp d aSWAX " ndaaft". vA br f %41 d Iiw awh ..t d sr.ntg"ar UA reranppanatmt eraaie Dt11JOC?t)fl t?Ir rt�t.iC MORLS IT ATi' r;i flea t&mvlwafafA.CA JWSWH1 1!tlC.Y. t Cddal.rht W adp(etM w VAIM t:,aqu tigFt a & bon 710 c.rt 4 t o CrW* r a.r+.,t zeii �f 7GrwttT 8•iculbma ini cult '"C.rJ Z.6V4IF. t� ye i> .�iir a La . p sw. Is Newdswo auA the ppewaoa of Sureties S T?T at the tAb ut toad►. tie Sine d hlue C.aie. Dvwtr.r d W Ikpartaseat .r tsdrwid tR.iatiasa &a ewrois. the r• wd Pmed rM rota gUes r. apphable to W volt to be dome' d W tatwt a(rx dew rawwsm aW on or at d fAim d W CW deA Wad W y tail Gldaeaia. . PLAW Wed WAdkath.w, t itlt pe9atey be rpm wd ri the � fed e�(t!r Wailes d Pubba 1Jeri+a t:cty HW4 H.WeI� GAtwWia. No W will he moo •l our it b us& ea a blul firs b rukW by the ne.cuw 84 Pablie W'afb. l7w WAWAWa of pewPnrtne hidd.w it taw to the Fr7t.WVJ ttgya.aarW eet L"k 0 t'1% .p.cdrsuars. ha ru/ 61 'Lk— Wes to tiw• T}a etm "Utm ace appmainate wtr; 6* [^ea:r'•`b" for tbt, taiw d bides, am W CUT d HwtNa w BOW6 da.s art tnprti rr py. r csteun Wrr•t. that the Wrad aerwsst et mwb will turnepa.a thwe.ttlt boa e.ase.wa ter ngW is imseaw w d.a.+ae the as mw at cry clam a tvtirw d 0% watt, ««tq !k d.c►and araaasq ae.rpwN.ctl b the I>+rwtre a PbbGe R'eeb►. Ali bide will be Ivapsnd tr the bom d the 1%MW d Relic Warta nU Wtr d W tf wvi to be d S� d m ve in far any any amain t itA" ►r tit Cetiile ka wv prtam: a" &W tv PAW is Wrrvedann sub prwtauer aI the CANWao';e.aracseat' t:.dt. Giber On Fach bd Ad be so& out as a km :v be a V44 st do dGni d the Mratur rd Paint WWka. r*•ei p.eee N'a�. WtA Mesa Street; Ilwcl� CAW-,, MIL " be aarw tad (y.d w11L toe Qtr Qwk it the C1rie w li.rasl +floe A6wsaosu s INUD btals $le O. Hmelistes bow%•�ns w (bdwt TOO pa d Ame..19W aid .bd be a eesdaitt.t d ti. tatFrr � th�i i.wha tdiad IidO w trywttd� Litt Caac11 ds�AC r d Haatiattas 8teach d W+ .eesiob to ve— be btld as , tAt'rt+tb of AntMt. itsl�l, at the l d i pa. is the Cat+ Cowl Chaabrra (A the fCh, Crmw d Wd Cay cc Hmbiwtm Pod& zed than h. Ntad soar by tail Gty t:wc.nt K the it o111a6 H.11N6. Thr City or H�ntr eu Csldueis rent+" W r& io ctlkt Wary a as ttsacl. fait otti�ia W bd'M d ke W bed agora d tim City d Haftw4l" By trdrr d W My Co vil d toe Cntr d Haatirrtt. Owk C"rw6 tAit All I I& 1WLS A Atiese fti'eMworth Cl.cb CNrr Wla 41). her a. IM Hai Pra.h tad A Rev. e.l;pr, W 0 AGENDA ROUTING SLIP INITIATING DEPARTMENT Public hbrks SUBJECT Brotakhurst St. Reconstruction and Resurfacing; OC-684 AGENDA DEADLINE DATE _ Auaust 9, 1985 To AamIn1dratlon MEETING DATE August 1.91985 r,T... () LEGAL DEPARTMENT WITH EXHIBITS Paul E. Cook($ INITIATING DEPARTMENT — REVIEW/APPROVAL By: yaa me I) I I Ordinance () Exhibits I I ( I Resolution ( ) Exhibits I ] I ) Gintract or Agreement ( ) Exhibits I ] I 1 Financial Impact Report — Unbudgetod items over $600 I) I) INSURANCE REQUIRED () ( I BONDS REQUIRED RCA I 1 ADMINISTRATION ( ) CITY CLERK FOR AGENDA COMMENTS: [it Ili111luylu41110"01 TO ! G.ul Hutton, City Atlrirney - I' " II... 140 CITY OF HUNTINGTON BEACH, CALIFORNIA ►I,,,,l,rwlon Itn.ch. CA 9264e Fly i io,o, its Ri,1 Manaew Mier ,pprovel A MUNICIPAL CORPORATION This Is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and'are in force at this time It these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company ogrem to give 10 days prior written notice, by mail, to City of Huntington Beach P. 0, pox 711. Huntington Beach, Glifornia 92648 ALL ITEMS MUST BE COMPLETED. ANY DELETION OP CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY Ata AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured EE IC T S RT 4TA CQNSTRUCTIQN CONPANY Address of Insured t n •t r t Location of Work or Operations to be performed RESURFACING AND RECONSTRUCTIO11 ON BROOKIiURST STREET BETWEEN HAMILTON AVE., p g�1N NC yg CCCC 668g Description of Work or Operations ARESURt;ACINCAA_ W RECORSTRUCTION POLtCY'DATES LIMITS OF LIABILITY NAME OF COMPANY Effective EltplietIon POLICIES IN FORCE POLICY NO. In 'Thousands 10001 (INS.) GENERAL LIABILITY I COMPREHENSIVE FORM 73SM00420100 s LOQO, CSL („ PREMISES. OPERATIONS 4-14-85 4-14-86 Each Occurance t I LAPLOSION AND NATIONWIDE MUTUAL COLLAPSE HAZARD INSURANCE COMPANY I , UNDERGROUND HAZARD 201 E. Sandpoi me PRODUCTS COMPLETED I P Suite 240 OPERATIONS HAZARD IX CONTRACTUAL Santo Ana, CA 927 INSURANCE x 19AOAO FORM ►ROPERTY DAMAGE I x INDEPENDENT CONTRACTORS I ,f PrRSONAL INJURY 7C AUTOMOBILE LIABILITY 1 it COMPREHENSIVE FORM Ix OWNED 73BA004201000 4-14-85 4-14-86 = 1,000, CSL NATIONWIDE MUTUAL Each Occurance Ix FIRED INSURANCE COMPANY I x NON -OWNED EXCESS LIABILITY I I UMBRELLA FORM I I OTHER THAN S UMBRELLA FORM WORKERS' COMPENSATION and EMPLOYERS' LIABILITY Additional Insured Endorsement: The Insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall be primary to any Insurance of the City of Huntington Beach, as their interest may appear. Date ij.>rI i.I' I U INSURANCE COMPANV NATIONWIDE Address Citv . -, r_r h 1 b, 11tSb . NATIONWIDE INSURANCE 1 MUTUAL INSURANCE COMPANY SANTA ANA, CA 42707 AUTHORIZED REPRESENTATIVE OF INSUR&NCE 00 By J. DAVID YOWELL A dnm 20011 E. SANDPOINTEPOTTIE 240 City SANTA ANA. CA- 92ZQ77 Telephone 714-432-6013 HOLD HARMLESS AGREEMENT (to be executed by insured) The insured • Fed t Strata agrees to protect, defend, indamnify. uve, and hold harmless the City of Huntington Beach its officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising out of or in consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished. • 111 Sole Proprietorship 121 Partnership 131 Co r tl (4) Other (state) re HOLD HARMLESS SIGNED: By Insud: ' • Title I Al l n I rues shall be r nt elf or pad J------r�` G---._.. w' r By hound Title ,s below each tt'pnature.) If Corporation, TWO Office-1 must sign, or present evidence of authorization to bind Corporation. D7