Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
HARDY & HARPER, INC - MSC 402 - Remedial Repair of Arterial Streets 4/5/99 Notice of Completion 7/6/99 - 1999-04-05
I have received Warranty Bond No. JZ2323, St. Paul Mercury Insurance Company, for Hardy and Harper, Inc. RE: MSC 402 — Arterial Street Repairs — E-9, Approved 7/6/99 City Clerk Vault file HA 600.90 Dated: 17-/ If -qq I HUNTINGTON BEACH TO: FROM: SUBJECT: DATE: City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION THOSE LISTED HEREON ADMINISTRATIVE SERVICES, Accounting and Records 10% 53 2-2- - a00 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VILLELLA, Director of Finance I certify that no stop notices are on file on the ject at this time. Date: ROBERT F. BEARDSLEY, Pq6VWorks Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: el- 1 -214 CONNIE BROCKWAY, City Clerk I certify that there are no outstanding invoices on file. Date: F IDENRICH, City Treasurer 10% Retention Payment 06/08/99 12:54 PM _ .mow WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 -- Aue a 7111/g y �,z Recoraed i.n- t-n County of Orange, California Gary L. Granv.i l l a , Clerk/Recorder III No Fee 19990517215 3 ; 49pm 07/13/99 005 17'a15794• 17 77 1V12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that -the contract -heretofore awarded by the City Council of the.City of Huntington Beach, California to Hardy & Harper Inc. who was the company thereon for doing the following work to -wit: Remedial Repair of Arterial Streets — MSC-402 That said work was completed July 6, 1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City -Council. of the -City -of Huntington Beach at a regular meeting thereof held on Tuesday, July 6, 1999. That upon said contract St. Paul Mercury Insurance Company was surety for the bond given by the said n company as required by law. This document is solely for the official business of the City'of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded -free_ of chatge. Dated at Hu ntington Beach, California, this 8`h day of July, 1999. City Clerk and eaAffi io;Clei of the City Council of the y- 9 of Huntingtoni Beach" aliforriia' STATE OF CALIFORNIA ) "''� `r' �� �r „ �•�' County of Orange ) ss: C��= City of Huntington Beach I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of..tle 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,bV said City Council. Dated at Huntington Beach, California, this Ste day of July, 1999. WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH -- - -- - —= Office°of--the-City=Clerk=_— P. O. Box 190 Huntington Beach, CA 92648 City Clerk and ex-ofoio- Gera' - r of the City Council of"Lie' City` of Huntington Beach, Cafit.or ih- :�O F,?� • cm s— z or sum= ccwma To TZOLL sew = Py=0rr: Arterial Street Repairs, MSC 402 S=c=trLAcr No . : Bond# JZ2323 City of Huntington Beach =MCC='UQ nor: P.O. Box 190 04 /,05 99 Huntington Beach, CA 92648 Mn accord=ce with the pxcv4_Aioas of the sabcout=ct ber ee= Cit-�� f Huntington Beach and tha Subcontractrz as • indicated below, (2tat'+e iasvrt name addrana of Surety St. Paul Mercury Insurance Company P-.--0.-Box..2382 Brea, CA 92822-2382 on the bcr--d o_ (se.-e :aaerr ==a and address of Subcoa.:_racrazi Hardy & Harper, Inc. i 1312 E. Warner Avenue Santa Ana, CA 92705 S _ R and F9S�C:?.tiL, hereby appzovea of the firzl g3pment to the Subcz=t==c-_, and ag-mes tk"-t f_iral ga7M=t tc the Cant..-ac= -hall not rel e4e the surety CCrcPaay of any of its obligation. to City of Huntington Beach P.O. Box 190 '- Huntington Beach, CA 92648 as sat fornh is the said Su=ty Cczpaay'a-bond. Su:et'f ccmpany fuz -: r ag--eaQ that the ;: na l ;.a a l amount of Sty ; sty CaTay' L b=d issued on behalf of Subcontractor --ball be. �a9�92 —�. ref`atriag tte final amo=t, adjusted for chance orders of the t=--�Sct bQween s=bcoatrac'ar and City of Huntington -Beach nt wr.�ess mot+, the Slaty czzpany bas bere=to set its ILA-1. this 10 .h day. of AwqwSt Attest: St. Paul Mercury Insurance Company Stare Coady St tusn of th+or_z II�s-eseatati�►e kathleen Maas, Attornev-in-fact =Ytle APPROVED AS TO FORM: GSIL 1-."T`1ON ATTORNEY C.rT 1 D ity Attorney PeS"bul Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 'St. Paul Mercury Insurance Company 20675 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 7 43 ; 1- KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty. Insurance' - Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint H. J. Dueck, Dwight Reilly, Christopher S. Hopper, Claudette N. Martin and Kathleen E. Maas of the City of Upland State Cal;<fornia their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds; undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed this l8th day of June 1999 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company r " \ k * •ro,� s �� owr or 4� cY r� � grj � 1951 � MICHAEL B. ICEEGAN, Vice President State of Maryland City of Baltimore ` {� �^ MICHAEL R. MCKIBBEN, Assistant Secretary On this 18th day of Junei9bgre me, the undersigned officer, personally appeared Michael B: Kee gari and Michael R. McKibben, who acknowledged themselves to ce P i e 9s$ant Secretary, respectively, of Seaboard Stuety Company, St. Paul Fire.and Marine Insurance Company, St. Paul Guardian Insuraq p ull n'surance Company, United States Fidelity and Guaranty Company, Fidelity.and• Guaranty Insurance Company, and Fidelity and GuNmAty e U ers, Inc, and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing ames of the orporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. e NOARY T ti My Commission expires the 13th day of July, 2002. f'U44/0 � REBECCA EASLEY-ONOKALA, Notary Public �bqF Cl" This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, -St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and. Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full -force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorneys) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the- - Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so__ :. -., executed. and certified.by such_facsimite signature and facsimile seal shall be valid_and, binding upon the Company with respect to any bond or undertaldng:to>'`ra which it is validly attached; and RESOLVED FURTHER, that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of CALI ORNIA" ALL -PURL ' ACKNOWLEDGMENT • tralifornia ' State of _ .I County of Orange,,:? iV f3-1t1-99 Jane , ` ,.t : • On before me, Y faLy _Public . :: u Date Name and Title o1 Officer (e.g:, 'Jane Doe, Notary Pop�e) 1' _personally appeared Kat hleen Maas - Name(s) of Signer(s) Q personally known to me - on the basis of satisfactory evidence to be the pers6n(9 whose name(s) ishimubscribed to the within instrument c t,4 1' and acknowledged to, me. that*ii/shec:executed the same ini�tier/� authorized capacity(a3) and thatby ; JANE,tERY`" :commx IQ; imadien s g ature(x) on the instrument the person(a), Wotary Public .caIfomfa� or the entity.7upon,behalf of which the person(>s acted, 3 M' ros • " ••••+�:- executed-the-anstwment. `_ s �. My commisslo WITNESS my hand and official seal. (7� Z .w.. signature of Notary Pu > rt OPTIONA "Though the information below 1s not required by law,: it may prove valuable to persons relying on the document and could preyen[ -fraudulent removal and reattachment of this form to another document. ( C� Description of Attached Document �- 1, - . =: Ttle or Type.of Document: Document Date: • Number of Pages:. _ 1 Signer(s)Other Than. Named Above: r Capacity(ies) Claimed.l* Signer(s) - _.__Signer's Name Signer's Name: • -❑ Individual:.. - ❑ .Individual • ��X ." •' ❑ Corporate .Officer ❑ Corporate. Officer Title(s) -:. Title(s): ❑.: Partner —.❑ Limited ❑. General ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑Attorney -in -Fact ., .❑. Trustee ❑ Trustee �-Guardian or Conservator - `-❑ Guardian or Conservator. - ❑ Other:' ' Top of thumb here ❑Other; Top of thumti hereiN Signer Is Representing: O 1995,National Notary Associallon • 8238 Remmel Ave., P.O..Box 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder. Call.Toll-Free 1. X.*87." 08/04/1999 13:53 714-374-1573 HB PUBLIC WORKS PAGE 03 /�� 11 V/O/:? I City of Huntington Beach 1 Depattmenrof Public Wort Post Office Box 190 . Huntington Beach, CA 92648 Subject:. Certification of Compliance with Title VII of the Civil Rights Act and Equal. fitrig[oyznent Opportunity Act of 1972 Gentlemen: The undersigned, contractor on MSC 402 ;.. ARTERIAL STREET REPAIR Project No. i Title hereby certifies that al3=laborers; mechanics, apprentices, trainees, watchmen and guards employed by him or by any s' ubconiractor performing work under the contract on the project have been paid wages at rates not less..thai-66se required by the contract provisions, and that the work performed by each such laborer,. ri cAanie, apprentice or'trainee conformed to the classifications set forth in the contractor trainingpmgrarn provisions applicable to the wage rate paid. is tgnaturegridr e V10E PRESIDENT �i g:cc tsahconl GAII, pE 1�A1Ett1 ]JON OFSAJJSFAt;.FJOLq OF CLAIMS ST1,PVE KIR.S.C11NII' l? state: 1. 1 am the general cons,raclor for the City of Huntington Beach, as to the project more fully A101'l-RIAL S'l-'REJ-,--l.' REPAIR,MSC -402 dcscn'bed in the public works contract entitled and dated J U..N E: 10TI] .1-999 2. All workers and Persons employed, all firms supplying materials, and all subcontractors for the above.'mentioned-ptoject have been paid in full. 3. The foll6wizig . are .. either disputed claims, or I items ul connection with Notices to Withhold, which have been tleifunder the provisions of the statutes of the State of California: (if none. state "NONE") I declare under pcnijty;of.pedury that the foregoing is true and correct. Executed at A. N TA; A N A i CA 92705 on this 4T11 day of AUGUST 199P. (Signaftur,af toiiirakior) q:eC1CnLShC0TJ.2 TiCe Notes Office of the City Clerk Huntington Beach, Calfornia L ;, CITY OF HUNTINGTON BEACH_ ep 2000 MAIN STREET CALIFCRNJA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 8, 1999 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CB/jc Enclosure: Notice of Completion — MSC 402 — Remedial Repairs of Arterial Streets Telephone: 714.636-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648`_ ' NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of - Huntington Beach, California to Hardy & Harper Inc. who was the company thereon for doing the following work to -wit: Remedial Repair of Arterial Streets — MSC-402 _ That said work was completed July 6,1999 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the: City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday, July 691999. That upon said contract St. Paul Mercury Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington - - Beach,- as contemplated under Government Code Section 6103 and should be recorded freesof che. Dated at Huntington Beach, California, this 8`s, day of July,1999. 'J"- City Clerk and e0ff'sao:Cler r� .` ,`�:; -:r fir• .. of the City Cou�flihe of Huntington Beams t �alifarnia - STATE OF CALIFORNIA County of Orange ) ss:-.- City of Huntington Beach I CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF CONVfffIO INN was duly and regularly ordered to be recorded in the Office of the County Recorder offs County said City Council. ` ` 1� Dated at Huntington Beach, California, this 8`h day of July,1999. City .Clerk and 'ex-offtc` 'Clerk: ; of the City Council ofwe City of Huntington Beach, Cair%r�aia WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk - P. 0. Box 190 Huntington Beach, CA 92648 - _ _ _ W 6/e - /;Zchh e �iu45 OTY OF HUNTINGTON BEA MEETING DATE: DEPARTMENT ID NUMBER: PW 99-061 Council/Agency Meeting Held: 7Apprpgd,, rred/Continued to: `C� C1oennl�A�nrovAnie Council Meeting Date: EE EPvjy /orlerk's Signature Department ID Number: PW 99-061Number: PW 99-061 CITY OF HUNTINGTON BEACH REQUEST FOR ACTIONNa '`'-' C:'r SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ti'-n^'r 9- SUBMITTED BY: RAY SILVER, CITY ADMINISTRATOR PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK SUBJECT: MOTION TO ACCEPT REMEDIAL REPAIRS OF ARTERIAL STREETS AND APPROVAL TO FILE THE NOTICE OF COMPLETION - MSC 402 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Hardy and Harper, Inc. has completed remedial street repairs on several arterial streets. Funding Source: The 1998/1999 approved budget includes $200,000 for the remedial repair of arterial streets. Recommended Action: Motion to: 1. Accept these remedial street repairs and authorize the City Clerk to file the Notice of Completion. Alternative Action(s): Reject acceptance of the street repairs and forego filing the Notice of Completion. 99rca18.doc -2- /I 06/23/99 11:18 AM • REQUEST FOR ACTION • MEETING DATE: Analysis: DEPARTMENT ID NUMBER: PW 99-061 On April 5, 1999, Council awarded a contract to Hardy and Harper, Inc. for the remedial repair of arterial streets. The scope of work was limited to the repair of potholes and the sealing of major cracks on arterial streets. The necessary repairs were identified and marked -out by staff in advance of the work and all repairs were inspected during and after construction. The project was completed on June 9, 1999. The project budget of $200,000 covered the cost of completing all necessary repairs on Edwards Street, Magnolia Street, Hamilton Avenue, and portions of Edinger Avenue. The final costs, as summarized below, are within the approved budget and all work is complete. Therefore, the Director of Public Works recommends acceptance of the project, and requests that the City Clerk be authorized to final the Notice of Completion. BID SUMMARY T�ASK�;DESCRIPT{ON ,ri � �� ;_ UNIT COS�T���FINAL'QUANTIT1(�,,, ;"�C�O:ST Sawcut per LF $0.95 21,196 $20,136 Remove/Replace AC 0-50 SF $4.30 9,758 41,961 Remove/Replace AC 51-100 SF $4.00 22,980 91,920 Provide/Place Aggregate cost per ton $55.00 NA NA Crack Routing LF $0.04 134,942 5,398 Crack Sealing LF $0.27 134,942 36,434 Loop Detectors EA $250.00 NA NA TOTAL COST $195,849 Environmental Status: N/A Attachment(s): RCA Author: Robert F. Beardsley/Donald Noble 99rcal8.doc -3- 06/23/99 11:18 AM 0 RCA tOUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: MOTION TO ACCEPT REMEDIAL REPAIRS OF ARTERIAL STREETS AND APPROVAL TO FILE THE NOTICE OF COMPLETION - MSC 402 COUNCIL MEETING DATE: July 6, 1999 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the CityAttomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable • • PROOF OF PUBLICATION STATE OF CALIFORNIA) County of Orange I am a Citizen of the resident of the Cou over the age of eighte SS. United States and a my aforesaid; I am en years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: March 4, 1999 March 11, 1999 March 18, 1999 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 18, 1999-- at Costa Mesa, California. Signature I NOTICE INVITING SEALED BIDS For the POTHOLE/CRACK REPAIR OF ARTERIAL STREETS MSC 402 in the CITY OF HUNTINGTON BEACH Public Notice is hereby given that the City Council of the City of Huntington Beach, California will re- ceive seated bids for the above stated projects and will receive such bids in the Office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648 up to 1000 a.m. on March 22, 1999. Bids will be publicly opened in the council chambers unless other- wise posted - A non -mandatory pre -bid meeting will be held at 10i00 am on March 15, 1999, in the Corporate Yards Administration Build- ings, 17371 Gothard Street, Huntington Beach, Beach, California. Copies of plans and specifications, and contract documents are availablo from, the Office of the Di- rector of Public Works, 2000 Main Street, Hunt- ington Beach, California 92648, upon payment of a $35.00 nonrefundable fee if picked up and $45.00 fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code, Pursuant to the provisions of the Labor Code of the State of California, the min- imum prevailing rate of per diem wages for each craft, classification or type of workman needed to ex- ecute the contract shall be those determined by the Director of Industrial Rela- tions of the State of Califor- nia, which are on file at the Office of the Director of Public Works, 2000 Main I Street, Huntington Beach, California 92648. The City of Huntington Beach will deduct 10 re- tention from all progress oavments- The contractor may substitute an escrow holder surety of equal value to the retention in ac- cordance with provisions of the California Government Code, Section 4590. The contractor shall be benefi- cial owner of the surety and shall receive any interest thereon. The City of Huntington Beach hereby affirmatively ensures that minority busi- ness enterprises will be at - forded full opportunity to submit bids in response to the notice and will not be discriminated against on the basis of race, color, na- tional origin,,ancestry, sex, religion, in any considera- tion leading to the award on contract. No bid shall be con- sidered unless it is prepared on the approved proposal forms in. con- formance with Instructions to Bidders. The bid must be accom- panied by a certified check, cashiers check, or bidders bond made payable the City of Huntington Beach for an amount no less than 10 % of the amount bid - The successful bidder shall be licensed in accordance with provisions of the Busi- ness and Professions Code, and shall possess a State Contractor License Class at the time of the bid opening. The successful Contractor and his subcon- tractors will be required to possess business licenses from the City of Huntington Beach. The City of Huntington Beach, California reserves the right to reject any or all bids and to waive any ir- regularity and to take all bids under advisement for a maximum period of 60 days- 6y Order of the City Council of the City of Hunt- ington Beach, California this February 16, 1999. ATTEST: Connie Brockway, City Clerk of the City of Huntington Beach Published Newport Beach -Costa Mesa Daily Pilot March 4, 11, 18, 1999 031-637 • PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of Calif true and and ornia, and that and co publishe Fountai newspaper to I declare, un the foregoing attached Notice is a d mplete copy as was in the Huntington n Valley issues c wit the issue(s) of: March 4, 1999 March 11, 1999 March 18, 1999 der penalty of is true and cor printed Beach f said perjury, that rect. � Executed on March 18, 199_ at Costa Mesa, California. Signature NOTICE INVITING .SEALED BIDS For the POTHOLE/CRACK REPAIR OF ARTERIAL STREETS MSC 402 in the CITY "OF HUNTINGTON BEACH Public Notice is hereby Given that the City Council of the City of Huntington Beach, California will re- ceive sealed bids for the above stated projects and will receive such bids in the Office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648 up to 10:00 a.m. on March 22, 1999. Bids will be publicly opened in the council chambers unless other- wise posted. A non -mandatory pre -bid meeting will. be held at 10:00 am on March 15; 1999, in the Corporate Yards Administration Build- ings, 17371 Gothard Street, Huntington Beach, Beach, California.. Copies of plans and specifications, and contract documents are available from, the Office of the Di- rector of Public Works, 2000 Main Street, Hunt- ington Beach, Califomia 92648, upon payment of a $35.00 nonrefundable fee if picked up and $45.00 fee if mailed. Any contract entered into pursuant to this notice wilt incorporate the provisions of the State Labor Code, Pursuant to the provisions. of the Labor Code of the State of California, the min- imum prevailing rate of per diem wages for each craft, classification or type of workman needed to eA- ocuto the contract shall be those determined by the Director of Industrial Rela- tions of the State of Califor- nia, which are on file at the Offico of the Director of Public Works, 2000 Main Street, Huntington Beach, California 92648. The City of Huntington Beach will deduct 10% re- tention from all progress payments. The contractor may subsfittite an escrow holder surety of equal value to the retention in ac- cordance with provisions of the California Government Code, Section 4590. The contractor shall be benefi- cial owner of the surety 3" shall receive any interest thereon. The City of Huntington Beach hereby affirmatively ensures that minority busi- ness enterprises will be a(- forded full opportunity to submit bids in response to the notice and will not be, discriminated against on the basis of race, color, na- tional origin,•ancestry, serlk, religion, in any considera- tion leading to the award on contract. No bid shall be con- sidered unless it is prepared on the approved proposal forms in con- formance with Instructions to Bidders. The bid must be accom- panied by a certified check. cashier's check, or bidders bond made payable the City of Huntington Beach for an amount no less than 10% of the amount bid. The successful, bidder shatt be licensed in accordance with provisions of the Busi- ness and Professions Code, and shall possess a State Contractor License Class at the time of the bid, opening. The successful Contractor and his subcon- tractors will be required to possess business licenses from the City of Huntington Beach. The City of Huntington Beach, California reserves the right to reject any or all bids and to waive any ir- regularity and to take all bids under advisement for a maximum period of 60 days. By Order of the City Council of the City of Hunt- ington Beach, California this February 16, 1999- ATTEST: Connie Brockway, City Clerk of the City of Huntington Beach Published Newport Beach -Costa Mesa Daily Pilot March 4, 11, 18, 1999 031-637 HUNTINGTON BEACH FOUNTAIN*EY • pan ent Inde rond THE NEWPORT BEACH • COSTA MESA PILOT Client Reference n Independent ReferenceIT Dear Advertiser: Enclosed please find clipping of your ad from the first publication, beginning 3- If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, 'Judy Getting Manager Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX • 6__ REPAIR OF ARTERIAL STREETS MSC 402 in the CITY OF HUNTINGTON BEACH Public Notice is hereby given that the City Council of the City of Huntington Beach, California will re- ceive sealed bidsfor the above stated projects and - will receive such bids inthe' Office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648 up -'to' 10:00 a.m.. on, March -22 1999. Bids will be publlcly: opened. in the councilor .chambers unless other, wise posted. A non -mandatory pre -bid meeting will be held at 10:00 am on March -;15, 1999, in the Corporate Yards Administration Build- ings, 17371 Gothar,4, Street, Huntington Beaeh, Beach, California. Copies of plans and specificatiphs:_anrtr mgtonBeach C~A 92�647 Elizabeth�Magor' 640 Wamer `Ave.`,''ti12,2 Hu ington Beach, CA'<!0 ' . This business i^iA ducted by: an individual -> Have you startbd'eadoing business.yet? Yes, Nov. 98 Elizabeth Magos This statement was filed with the County Clerk of Orange County on 2-9-99 1999678274 Huntington Beach -Foun- tain Valley Independent ,Feb. 18, 25, Mar. 4, 11, ;1999 023-577 ` Fictitious Business . Name Statement The following persons are doing business as: Manfred Confidence, ,7881 Beachpoint Circle, #D 10, Huntington Beach, California 92846 Beingone Corporation, (California), 16787 Beach Blvd., Huntington Beach, California 92627 This business is con- ducted by: a corporation 1�ave _voi ��tarted-_ioinn business yet? No Beingone Corporation, Manfred Czierwitzki, Presi- ''dent This statement was filed (with the County Clerk of Orange County on 2-8-99 19996782618 I Huntington Beach -Foun- tain Valley Independent Feb. 18, 25, Mar. 4, 11, 1999 023-575 j Fictitious Business I Mastertech'Ot51uf�N r•, 12042 Knott Ave., Suite #F, Garden Grove, Califor- nia 92841 5 Shauna Dee Tayler, 7722 Taylor Drive, Hunt- ington Beach, CA 92648 This business is con- ducted by: an individual Have you started doing business yet? No i. Shauna Taylor This statement was filed with the County Clerk of Orange County on 2-4-99 19996782392 i Huntington Beach -Foun- tain Valley Independent Feb. 11, 18, 25, Mar. 4, 1999 022-558 Fictitious Business Name Statement The following persons are.dcing business as: Ultra Structures, 16290 Mercury Dr., Westminster, CA 92683 Kim Weir Colclasure; 16290 Mercury Dr., West- minster, CA 92683 Ken Brooks, 5752 Man- grum, Huntington Beach, CA 92648 This businesse is con- ducted by: a general part- nership Have you started doing,' business yet? Yes, 1-10-98 Kim W. Colctasure T This statement was filed, with the County Clerk of r_ Orange County on 2-5-99 19996782512' Huntington Beach-Foun- I -- tain Valley Independent Feb. 11, 18, 25, Mar. 4, 1 moon _ . � •n qo cn Si CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK VJ�ii �-1�rJ a, �4'� ram• CALIFORNIA 92648 RE: Construction of le o QT e4O6 PROJECT D a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, 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 performance 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) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTII�GTON BEACH DATE: " 7 /,2 , TO: Name /3/ z � • Gc�fh-r.�e� /eve SVe /� d av?a , 39-1'c- 9a 7o.s City, State, Zip ATTENTION: Q �VP DEPARTMENT: y C -e Ag 5/ REGARDING: Yj&��• 4S��e trf3 See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds RCA Deed CC: &A r-dtSl P wo Name /UDepart n, t / RCA vb�� 1�/ Name Department RCA Agreemen Agreement Insurance Other ,,qQ n� �d5 [nsuranpe Other / Insurance Other Name Department RCA Agreement Insurance Other Department RCA Agreement Insurance Other Risk Management Dept. Insurance GTollowup/coverlV Received by Name - Company Name - Date ( Telephone: 714-536-5227 ) OF HUNTINGTON BEAN MEETING DATE: DEPARTMENT ID NUMBER: Council/Agency Meeting Held: T 9 Deferred/Continued to: ® Approved ❑ Conditionally Approved ❑ Denied City Clerk's S nature Council Meeting Date: Department ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR ACTION - SUBMI ED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -� ITT BY: RAY SILVER, CITY ADMINISTRATORxKa wit s� cs _ . PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK SUBJECT: APPROVE BID SELECTION FOR THE REMEDIAL REPAIR O ARTIERIAL STREETS — M.S.C. 402 �_fl a Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: Pursuant to City Council approval of February 16, 1999, bids were received on March 22, 1999 for the remedial repair of arterial streets. Fundinq Source: The 1998/1999 approved budget includes $200,000 in fiscal account E-SF-PW-901-6-32-00 (Gas Tax), for the remedial repair of arterial streets Recommended Action: Motion to: Accept the unit prices submitted by Hardy & Harper, Inc. and award a construction contract not to exceed $200, 000. Altemative Actionts): Deny approval of Recommended Actions and forego the emergency repairs of arterial street repairs. Analysis: On February 16, 1999, Council approved the plans, specifications and sample contract for remedial repair of potholes and major cracks on the City's arterial streets. On March 22, 1999, staff received three bids. Each bid included the unit price for specific tasks that may E-Z 0 REQUEST FOR ACTION • MEETING DATE: DEPARTMENT ID NUMBER: be required to repair potholes and major cracks. The number of tasks and amount of materials required to repair a street pothole or crack will vary from one location to the next. Therefore, there is no project total for each of the bids as summarized below. Instead, the unit cost for each applicable task will be used to determine the actual expense of each repair. When the cumulative cost totals $200,000, the project will be terminated. Bid Summary Task Description All American Hardy & Harper Sully -Miller Sawcut per LF $1.87 $0.95 $2.50 Remove/Replace AC 0-50 SF $52.00 $4.30 $8.65 Remove/Replace AC 51- 100 SF $26.80 $4.00 $7.75 Additional 1-inch AC 0-50 SF $27.20 $0.40 $1.65 Additional 1-inch AC 51-100 SF $27.20 $0.40 $1.55 Provide/Place Aggregate cost per ton $150.00 $55.00 $75.00 Crack Routing LF $0.13 $0.04 $0.10 Crack Sealing LF $0.24 $0.27 $0.20 Loop Detectors EA $324.00 $250.00 $310.00 Subsequent to the receipt of these bids, staff reviewed the unit costs for each task. Based on this review, its apparent that the Hardy & Harper unit costs, with the exception of crack sealing, are less than those of the other two bidders. Therefore, staff recommends acceptance of the unit prices submitted by Hardy & Harper, Inc. and the award of a construction contract not to exceed $200,000. The attached list provides the work in order of priority that the contractor will follow (Attachment #1). Environmental Status: N/A Priority List of Arterial Street Repair RCA Author: Robert F. Beardslev/Donald Noble • REQUEST FOR ACTION • MEETING DATE: DEPARTMENT ID NUMBER: ATTACHMENT 1 Priority List of Arterial Street Repair Irerial Street Repair Priority Li Wamer blamer Beach, B. �f .:,; Newlencl NewlartdY �X �, Magnotra ti `�' blamer M gii�lta ` e lair ���� Edwards Bolsa City Limits Edwards Bolsa Mc Fadden Edwards Mc Fadden Edinger Edwards Edinger Edinger 2140' s Edwards Edinger 2140' s Heil Edwards Heil Heil 1000' s Edwards Heil 1000' s Warner Edwards Warner Athena Edwards Athena Athena 200' s Edwards Athena 200' s Slater Edwards Slater Armada Edwards Armada Varsity Edwards Varsity Talbert Ellin erJ 9 Go[detwest� r�� C�#ha W�_ .. Edinger Gothard RxR Tracks Edinger RxR Tracks Beach Edinger Beach Newland Edinger Newland Beach Edinger Beach RxR Tracks Edinger RxR Tracks Gothard Edinger Gothard Goldenwest Edinger Goldenwest 280' w/o GW Edinger 280'w/o GW 880' w/o GW Edinger 880' w/o GW Edwards Springdale Bolsa Mc Fadden Magnolia Indianapolis Atlanta Magnolia Hamilton Bermuda 500' s Yorktown Bushard Brookhurst Mc Fadden Goldenwest Gothard Mc Fadden Gothard RxR Tracks Mc Fadden RxR Tracks 405 FWY Mc Fadden 405 FWY RxR Tracks *Although this street is included on the priority list, no repairs will be made at this time because major renovations are anticipated and/or scheduled. HB Page 1 3/8/99 aperial Street Repair Priority Li* SE STREEV FRONDFO , Heil Bradbury Springdale Heil Springdale Graham Heil Algonquin Saybrook :HN�l�� S Yb�?� =B�olsa Ehtc. Heil_ Graham 1500' w/o Graham aSpmgdale Heil Springdale Bradbury Heil Bradbury Springdale Heil Goldenwest Bradbury Hamilton Bushard Brookhurst Hamilton Brookhurst S.A. river Delaware Detroit Frankfort Delaware Frankfort Indianapolis Delaware Indianapolis Adams Delaware Yorktown 17 th Graham Mc Fadden Mc Fadden 400' s Graham Mc Fadden 400' s Edinger Graham Heil Stonehaven Graham Stonehaven Meadow Graham Meadow Warner Brookhurst Adams Adams 900' s Brookhurst Adams 900' s Indianapolis Indianapolis 1300' Brookhurst Indianapolis s Brookhurst Indianapolis 1300' Atlanta Brookhurst Atlanta Atlanta 570' s Brookhurst Atlanta 570' s Hamilton Indianapolis 1320'w/o Bushard Magnolia Indianapolis Magnolia Newland Gothard Heil Heil 740' s Gothard Heil 740' s Warner Gothard Warner Slater Gothard Slater Talbert Gothard Talbert Ellis Algonquin Boardwalk Heil ,Algonquin jDavenport 1 Boardwalk "Although this street is included on the priority list, no repairs will be made at this time because major renovations are anticipated and/or scheduled. HB Page 2 3/8/99 Werial Street Repair Priority Li Ellis Chapel Newland Palm Goldenwest 17 th Newland Yorktown Adams Newland Atlanta Hamilton Bushard Banning 1000' s Brookhurst Bushard Adams Adams 1000' s Bushard Adams 1000' s Adams 2000' s HB Page 3 3/9/99 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: MSC 402 Arterial Street Repair Bids COUNCIL MEETING DATE: Aril 5, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable RCA Author: Robert F. Beardsley/Donald Noble CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HARDY & HARPER, INC. FOR REPAIR OF VARIOUS STREETS THIS AGREEMENT, made and entered into this �� day of A/7t11- 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and HARDY & HARPER, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as the "PROJECT," more fully described as repair of various arterial streets in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 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 in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. g:agree/harper/05/06/99 • However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND -SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and 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. 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. "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 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 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; g:agree/harper/05/06/99 2 0- 0 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. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION 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 not to exceed Two Hundred Thousand Dollars ($200,000), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after a Notice to Proceed is issued and shall diligently prosecute the PROJECT to completion within sixty (60) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. g: agree/h arper/05/06/99 3 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 the terms and provisions of this Agreement. CITY shall have complete control of the premises on which 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. 6 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 DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by 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 g:agree/haiper/05/06/99 4 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 PROCEED 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to 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 CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three 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; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES 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. g:agree/harper/05/06/99 5 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for 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 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 Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which 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. g: agree/harper/05/07/99 6 • • CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify 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 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 no way 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 materials by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate g:agree/harper/05/06/99 7 • • 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 CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to 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 variation is such as to cause an increase in the time necessary for completion, 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 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. g: agree/h arper/05/06/99 8 When CONTRACTOR has, in the judgment of 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, 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 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 a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the 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. g: agree/harper/05/06/99 9 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. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, whichrequires 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 workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish g:agree/harper/05/06/99 10 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 In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 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 this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. g: agree/h aiper/05/06/99 11 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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 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. 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. g:agree/harper/05/06/99 12 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 sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. 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 to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. g:agree/harper/05/06/99 13 28. 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. 29. 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. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED g: agree/harper/05/06/99 14 33. ENTIRETY The foregoing, and Exhibit "A,": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a HARDY G; IN municipal corporation of the State of California By: S eve Kirsc ner print name ITS: (circle one) Chairman/Presiden ice President M a Y'd r AND By:L 6� (L �,L- print name iTS: (circle one) ecreta Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: �..-a. s5 City OMFministrator g:agree/form/construc/02/01 /99 ATTEST - City Clerk 0 99 APPROVED AS TO FORK, y�c .City Attorney IN AND APPP D: Director of Public Works 15 FW -4 i9 r T r DATE (MWDD/YY) . A colic CERTIFIC - OF LIABILITY INSU CUPID �— HARDY 1 06/26/98 PRODUCER �% ',, ` Insurance r CLWv THIS CERTIFICATE I IMSUED AS A MATTER OF INFORMATION Mahan Brokers, LLC i CA License #0003916 ,/�l'L r P/(_�/(`p ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 25 Mauchly, ,Suite 327 Y � ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92618 (o00, 9 p COMPANIES AFFORDING COVERAGE Eric Schroeder', O�%�/°b '7I.51� COMPANY Phone No. 949-450-8500 FazNo.949-450-8505 A Pacific Insurance Company, Ltd INSURED COMPANY B General Security Insurance Co COMPANY Hardy & Harper, Inc. C Golden Eagle Insurance Corp. 1312 E . Warner Avenue COMPANY Santa Ana CA 92705 D Ulico Casualty Company C.OVERA.GES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MWDD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 A X COMMERCIAL GENERAL LIABILITY ZI0007342 07/01/98 07/01/99 PRODUCTS •COMP/OP AGG $ 1,000,000 CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT X FIRE DAMAGE (Any one fire) $ Per Project Agg. MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E 1,000,000 C ANY AUTO CCP-502390-01 07/01/98 07/01/99 BODILY INJURY S ALL OWNED AUTOS • X SCHEDULED AUTOS (Per person) X HIRED AUTOS l �. BODILY INJURY $ X NON -OWNED AUTOS r%' (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY ANY AUTO EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $5 , 000 , 000 AGGREGATE $5,000,000 B X UMBRELLA FORM B. D. 07/01/98 07/01/99 $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND X 'CRY OTH TORY LIMITS ER -- EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 1,000,000 D THE PROPRIETOR/ INCL CF704070400 07/01/98 07/01/99 EL DISEASE -POLICY LIMIT S 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE. EA EMPLOYEE S 1,000,000 OTHER E Great American'Ins MAC9024200-01 07/01/98 07/01/99 per item $50,000 Rented/Leased Equi per occur $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS Certificate Holder, its agents, officers and employees are named additional insured per attached G-209 form. Exludes "Endeavor to ... but failure to..." CERTIFICATE HOLDER CANCELLATION CITYH-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIU—MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Eric Schroeder ACORD 25-S (1/95j ACO. RD QRPORATION 1988.. & OD 0 - C614-A, JZ .7 3 1 3 — ka—� I have received Peformance Bond No. JZ2323 — St. Paul Mercury Insurance Company for Hardy & Harper, Inc. Re: MSC 402 — Remedial Repair of Arterial Streets Dated: S-Z )" q T 41 • • ST. PAUL MERCURY INSURANCE COMPANY St. Paul, Minnesota A Capital Stock Company PERFORMANCE BOND Approved by The American Institute of Architects Bond No. JZ2323 A.I.A. Document No. A-311 Feb., 1970 Edition KNOW ALL MEN BY THESE PRESENTS, THAT WE, Hardy &Harper, Inc. 1312 East Warner Avenue, Santa Ana, CA 92705 (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Contractor, and, ST. PAUL MERCURY INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach P. 0. Box 190, Huntington Beach, CA 92648 (Here insert the name and address or legal title of the O%s ner) as Obligee, hereinafter called Owner, in the amount of Two Hundred Thousand Dollars and no/100 for the payment whereof Contractor and Surety bind themselves jointly and severally, firmly by these presents. Dollars ($ 200, 000.00 ), their heirs, executors, administrators, successors and assigns, WHEREAS, Contractor has by written agreement dated May 6th, 19 99 entered into a contract with Owner for Arterial Street Repairs MSC 402 in accordance with drawings and specifications prepared by Citv of Huntington Beach P. 0. Box 190, Huntington Beach, CA 92648 (Here insert full name. title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this oblieation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly I) Complete the Contract in accordance with its terms and condi- tions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the Signed and sealed this In the presence of: 6th Wi[ness ..'J� .'.Ir .r .•i.J 1v iC..'. witness 1 contract or contracts of completion arranged under this para- graph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor, Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. day of �Q� A.D. 19Jq__ . Seal -P cipal PrP.�IGI eGLL Title St. Paul Mercury Insurance Company Seal Sur tw By �. Attorney-in-f ct Ka leer Maas E " ;:.V 0i `y Attorney Printed with permission of the Anterican Institure of Architects 31784 Ed. 9-83 Printed in U.S.A. lheStPhul �T. PAUL MERCURY INSURANCE CON�NY CERTIFICATE OF Surety 85 Washington Street, St. Paul, Nlinnesot 02 AUTHORITY NO. CERTIFIED For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-421-3880 and ask for COPY NO. the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY P M-15439 (Original on File at Home Office of Company. See Certification.) -- - `-' - KNOW ALCMEN BY THESE PRESENTS: That St. Paul Mercury Insurance Company, a corporation organized and existing under the laws of the State of Minnesota. haying its principal office in the City of St. Paul. Minnesota, does hereby constitute and appoint: Michael S. Mahan and Kathleen E. Maas, individually, Irvine, California its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. NOT TO EXCEED IN PENALTY THE SUM OF FIVE MILLION DOLI.,ARS($5,000,000)EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Mercury Insurance Company-, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By -Laws adopted by the Shareholders of ST. PAUL MERCURY INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a true transcript of said Section 6 (C): "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attomeys-in-fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him." Further. this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 12th day of December, 1967, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Lti TESTIMONY WHEREOF, St. Paul Mercury Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 8th day of January, A.D. 1998. STATE OF NEW JERSEY I ss. County of Somerset ST. PAUL MERCURY INSURANCE COMPANY ate. C BRIAN P. CURRY, Secretary On this 21st day of January , 1998 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said that he/she is the therein described and authorized officer of St. Paul Mercury Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the map SA!`Ty� day and year first above written. . NOTARY * WSMETHERS, y Public My Commission Expires December 16, 2001 CERTIFICATION I, the undersigned officer of St. Paul Mercury Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. 4Jp+ ,.IY9.1 IN TEST) WY WHEREOF, I hav h eunto set my hand this �^^ iv,SBRL,�i Q day of 19 t � MARY E. STAWICHI, Secretary Only a certified copy of Power of Attorney bearing the Certificate of Auth ty No. printed in red on the upper right comer is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY LNSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 31801 Rev. 4-98 Printed in U.S.A. • • CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �/� ss. On A0 before me, K�I IGf'I 1A�1,�0 /Y '�-t P��L Date �,Naame and ix:e of Officer (e.g., 'Jane Doe, Notary ublic") �[ Dersonally aooeared ! �� / IeP�A 'r'�Qcj KRISTEN S. PAS NO f ca•, f ^� COMP,;. ;-1057981 �IGIAlYCALtFOP.NIA qj COUNTY It MY COi'll"IISSIOP+ EXPIRES MAY 15, 1999 Name(s) of 'personally known to me proved to me on the basis of satisfactory evidence to be the person(,( whose namely Is V- subscribed to the within instrument and acknowledged to me that 9authorized tlky executed the same in e t capacity(i§!}, and that by er t* signature(&n the instrument the person06, or the entity upon behalf of which the personlp acted, executed the instrument. WITNESS my hand and gf(icia eal. KWAL C Place Notary Seal Above I Signature of Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc me (� Title or Type of Document: �0r L Y.,.�oN Document Date: J 1(D Ag Number of Pages: l Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top o © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 Prod. No 5907 Reorder: Call Toll -Free 1.800-876-6827 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. �P� On jr—IO lqq , before me, Date i personally appeared KRISTEN S. PACLINO CO-,`;M. # 1057981 • ;` -. J� i' r" i:,E;Y PI,''LiC-CAUFOMCA OF,', COUNTY fV it MY C01MMISSIM EY,P;RES MAY 16, 1999 Place Notary Seal Above ir(�*n S. - J► h n Nosy P44 I. C Name and T_e of Officer (e,g.. "Jane Doe, N ary Public') 'r MAAS Tr Name(s) cf EXpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name(A )"_ subscribed to the within �,iinnstrument and acknowledged to me that�e '�'2, & executed the same in (0g6xjt ,,ir authorized capacity(i 5� and that by is Air signatureQA�on the instrument the person or the entity upon behalf of which the person* acted, executed the instrument. W TNESS my hand and fficial seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docume t �` /�,� J Title or Type of Document: per N�Q.i�et— h AA Document Date: 51 / el Number of Pages: Signer(s) Other Than Named Above Caner's Name: Claimed �c Signer� Zoe Signer's Name: � ❑ Individual 91 Corporate Officer — Title(s): Pre, Top of thumb here Partner — ❑ Limited El General ❑ Attorney in Fact El Trustee ❑1 Guardian or Conservator El Other: Signer Is Representing: © 1997 National Notary Association - 9350 De Soto Ave., P.O- Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 _�' • • ST. PACIL MERCURY F INSURANCECINSURANCECOMPANCOMPANY St. Paul, Minnesota A Capital Stock Company LABOR AND MATERIAL PAYMENT BOND Bond No. JZ2323 Approved by The American Institute of Architects A.I.A. Document No. A-311 Feb., 1970 Edition The bond is issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS, THAT WE, Hardy &Harper, Inc. 1312 East Warner Avenue, Santa Ana, CA 92705 (Here insert the name and address or legal title of the Contractor) as Principal, hereinafter called Principal, and, ST. PAUL MERCURY INSURANCE COMPANY, a corporation organized under the laws of the State of Minnesota, with its Home Office in the City of St. Paul, Minnesota, as Surety hereinafter called Surety, are held and firmly bound unto City of Huntington Beach P. 0. Box 190, Huntington Beach, CA 92648 (Herein sert the name and address or legal title of the Owner) as Oblieee, hereinafter called Owner, for the u n �T�el �l*�IaI t44�s*is*pereinbelow defined in the amount of Two hundred Thousand Dollars and noA * * Dollars ($ 200,006.00 f (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated May 6th, 19 99 entered into a contract with Owner for Arterial Street Repairs, MSC 402 in accordance with drawings and specifications prepared by City of Huntington Beach P. 0. Box 190, Huntington Beach, CA 92648 (Here insert full name, title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: ►. A claimant is defined as one having a direct contract with the Principal or was done or performed. Such notice shall be sen ed by mailing the same with a subcontractor of the Principal for labor, material, or both, used or by registered mail or certified mail, postage prepaid, in an ens elope reasonably required for use in the performance of the contract, labor and addressed to the Principal, Ow ner or Surety, at any place where an office material being construed to include that part of water, gas, power, light, is regularly maintained for the transaction of business, or served in any heat, oil, gasoline, telephone service or rental of equipment directly manner in which legal process may be served in the state in which the applicable to the Contract. aforesaid project is located, save that such service need not be made b\ a 2. The above named Principal and Surety hereby jointly and severally agree public officer. with the Owner that every claimant, as herein defined, who has not been b) after the expiration of one (1) year following the date on which Principal paid in full before the expiration of a period of ninety (90) days after the -eased work on said Contract, it being understood, however, that if any date on which the last of such claimant's work or labor was done or per- limitation embodied in this bond is prohibited by any law controlling the formed, or materials were furnished by such claimant, may sue on this construction hereof such limitation shall be deemed to be amended so as bond for the use of such claimant, prosecute the suit to final judgment to be equal to the minimum period of limitation permitted by such law. for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or 0 Other than in a state court of competent jurisdiction in and for the expenses of any such suit. county or other political subdivision of the state to which the project. or 3. No suit or action shall be commenced hereunder by anv claimant: any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not a) Unless claimant, other than one having a direct contract with the Princi- elsewhere. pal, shall have given written notice to am• two of the following: The Prin- cipal, the Owner, or the Sureq• above named, within ninety (90) days d. The amount of this bond shall be reduced by and to the extent of any after such claimant did or performed the last of the work or labor, or payment or payments made in good faith hereunder, inclusive of the pay - furnished the last of the materials for which said claim is made, stating ment by Surety of mechanics' liens which may be filed of record against with substantial accuracy the amount claimed and the name of the party said improvement, whether or not claim for the amount of such lien he to whom the materials were furnished, or for whom the work or labor presented under and against this bond. Signed and sealed this Loth day of AX A.D. 19g L . In the presence of: r1"PB^pED AS TO FGRr:t `'� Seal Principal GATT HL..'i 1 �y'ifhess` ' Title BY: St. Paul Mercury Insurance Company Seal De ' Suret « to ss ; Attorney -in -fact 31784 Ed. 9-83 Printed in U.S.A. Printed tritft perntissiat ojrhe,-lmericun lnsrrrure o% Architects Kathleen Maas lheMPaVl T. PAUL MERCURY INSURANCE COvWJTNTY CERTIFICATE OF Surety 085 Washington Street, St. Paul, MinnesotW02 AUTHORITY NO. CERTIFIED For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-421-3880 and ask for COPY NO. the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY M-15439 (Original on File at Home Office of Company. See Certification.) - - "- - - - KNOW ALL'MEN BY THESE PRESENTS: That St. Paul Mercury Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul. Minnesota, does hereby constitute and appoint: Michael S. Mahan and Kathleen E. Maas, individually, Irvine, California its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO EXC= IN PENALTY THE SUM OF FIVE MILLION DOLLARS($5,000,000)EACH and the execution of all such instrument(s) in pursuance of these presents, shall be as binding upon said St. Paul Mercury Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By -Laws adopted by the Shareholders of ST. PAUL MERCURY INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a true transcript of said Section 6 (C): "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (1) To appoint Attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power-of-attomey issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney -in -fact or Special Attomey-in-fact and revoke the authority given him." Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 12th day of December, 1967, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." .w-N r r 4Jp.............?y�l :�oavoagrF:�£ :n5 � b:,SERE;�3 •Mq IN TESTIMONY WHEREOF, St. Paul Mercury Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 8th day of January, A.D. 1998. STATE OF NEW JERSEY County of Somerset J ST. PAUL MERCURY INSURANCE COMPANY BRIAN P. CURRY, Secretary On this 21st day of January , l9 98 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom, said that he/she is the therein described and authorized officer of St. Paul Mercury Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the ON S"+�Ty day and year first above written. e NOTARY t0, NEW? A SMETHERS, Notary Public My Commission Expires December 16, 2001 CERTIFICATION I, the undersigned officer of St. Paul Mercury Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this �61S8RL;i'� m day of " ' ' .19 MARY E. STAWICKI, Secretary Only a certified copy of Power of Attomey bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company.' ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 31801 Rev. 4-98 Printed in U.S.A. 1P 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /1 } ss. County of r��� J On 6I w R before me, 1 h*t-k E. P&Jilto AiLii Date /t Name and Title of Officer (e.g. 'Jane Doe, Nota Public") personally appeared '/_i-v`�{}.f�)"� �e" 1A"L� , Name(s) of Signer(s) Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence KRISTEN S. PAULINO ks,- ' CONIM. 4� 1057931 �fi— ti�1,�t� V. s;,a.:�' I.;Y ;LC•C'_ir'ORNIA MY COMiAISSION EXPIRES MAY 16, 1999 to be the personA whose namep!�-O)& subscribed to the within instrument and acknowledged to me tha a executed the same in f}c��t authorized capacityA), and that by Fj Ot r signatureo�on the instrument the person04, or the entity upon behalf of which the person(* acted, executed the instrument. WITNE S Lmhand and icial eal. Place Notary Seal Above Signa ure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc Title or Type of Document: _A, Document Date: S I to ernA,,n MaAl r( _ P44 M Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed$igner Signer's Name: KK 1l &A4 ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): n Partner — ❑ Limited ❑ General ,& Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: © 1997 National Notary Association - 9350 De Soto Ave.. PO. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800.876-6827 0) • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ql�it.l�e. ss. On S fiG log before me, (_0C+2A S. PU,1�149. I VO+"q t"rc , Date ,,,1�Name and Title of Officer ( .g., 'Jane Doe. ary Public") 'r ` personally appeared (i t aA2 -.u-r • , Name(s) of Signer(s) KRISTEN S. PAULINO� � COM IM. m 1057981 < �� P,OTR.;'r r:.BUC-CALIFORNIA 0 `.. ORaivGE COUN rY N jl MY COMMISSION EXPIRES MAY 16_1999 (L personally known to me proved to me on the basis of satisfactory evidence to be the person whose nameA (9.* subscribed to the within instrument and acknowledged to me4hahe /,*y executed the same in t d*X/tVa thorized capacity(Kt.), an that by signature(,g-on the instrument the person , or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached DocLAment J Title or Type of Document: W- CtA Document Date: S! V' -1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Signer's Name: El Individual X Corporate 0 Partner — ❑ ❑ Attorney in F ❑ Trustee ❑ Guardian or Other: Claim�b Signer ffiA& jr ' he— Top of thumb here fficer — Title(s): Limited ❑ General act Conservator Signer Is Representing: d4] T 4 -• zili l . © 1997 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CITY OF HUNTINGTON BEAM 60ardsl MEETING DATE: February 16, 1999 DEPARTMENT ID NUMBER: PW99-04 Council/Agency Meeting Held: red/Continued to: DDe Approved ❑ Conditionally Approved ❑ Denied i- y Ci Jerk's Signature Council Meeting Date: February 16, 1999 Department ID Number: PW99-04 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION PIT TED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS TED BY: RAY SILVER, CITY ADMINISTRATOROW PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS qoq� SUBJECT: APPROVE BID SPECIFICATIONS AND AUTHORIZE SOLICITATION OF BIDS FOR THE REMEDIAL REPAIR OF ARTERIAL STREETS AND APPROVE SAMPLE CONSTRUCTION CONTRACT — M.S.C. - 402 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachmen7] ts) Statement of Issue: The bid specifications for the remedial repair of arterial streets are complete. Funding Source: The 1998/1999 approved budget includes $200,000 for the remedial repair of arterial streets in fiscal account E-SF-PW-901-6-32-00 (Gas Tax — Emergency Street Repair Funds) for this work. Recommended Action: 1. Approve the bid specifications and authorize the Director of Public Works to solicit construction bids for the remedial repair of arterial streets, and 2. Approve the attached Sample Construction Contract subject to award of contract to lowest responsible bidder. Alternative Action(s): Deny approval of Recommended Actions and forego remedial repairs. i 99RCA04.doc -2- 02/08/99 10:21 AM REQUEST FOR ACTION 0. MEETING DATE: February 16, 1999 DEPARTMENT ID NUMBER: PW99-04 Analysis: On July 15, 1998, staff prepared an "Additional Public Works Funding Report" wherein it was requested that an additional $.100,000 to $200,000 per year for three years be budgeted for the remedial repair of arterial streets. Subsequent to the completion of this report, Lorick Associates Consulting, Inc. was retained to do a survey and an assessment of our arterial streets as related to potholes. Based on observations and evaluations of the data collected, the firm concluded that the City's potholes are a result of weathering and the lack of a comprehensive preventive maintenance program. . The Lorick Report specifically recommended that the City: Augment the current level of maintenance with additional resources to repair potholes and fill street cracks. This work would consist of 40 to 60 days of additional contract work, per year, as needed, at an estimated minimum annual cost of $62,500. 2. Remove and replace all alligatored sections of roadway not included in the City's Capital Improvement Program. This work could be done in-house, with the current level of staffing and equipment; however, the allocation of City resources for this task would preclude completing the annual residential street slurry seal program. Therefore, this work should be combined with recommendation #1. The estimated one time cost of this work would be a minimum of $52,000. The estimated amount of the above recommendations, including an additional $85,500 for higher levels of response, is $200,000. On September 21,1998, the Council approved an amended budget for fiscal year 1998/1999, that included $200,000 for the remedial repair of arterial streets. Therefore, staff has prepared the necessary specifications for these repairs and is recommending that Council approve the documents, authorize the Director of Public Works to solicit construction bids, and approve the attached Sample Construction Contract. Environmental Status: N/A Sample Construction Contract RCA Author: Robert F. Beardsley/Donald Noble 99RCA04.doc .3. 02/08/99 10:21 AM 0 0 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Approve Contract for Arterial Street Remedial Repairs COUNCIL MEETING DATE: I February 16, 1999 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party. Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable -EXPLANATION UzzF OR. =RETURN OF ITEM = - �ITY OF HUNTINGTON BEAM MEETING DATE: February 16, 1999 DEPARTMENT ID NUMBER: PW99-04 Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: February 16, 1999 Department ID Number: PW99-04 c CITY OF HUNTINGTON BEACH `{ REQUEST FOR ACTION -� 7UBMITTED MITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS�J F2 BY: RAY SILVER, CITY ADMINISTRATOR C� CF PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS _ SUBJECT: APPROVE CONTRACT FOR ARTERIAL STREET REMEDIAL REPAIRS Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The bid specifications for the remedial repair of arterial streets are complete. Funding Source: The 1998/1999 approved budget includes $200,000 for the remedial repair of arterial streets in fiscal account E-SF-PW-901-6-32-00 (Gas Tax — Emergency Street Repair Funds) for this work. Recommended Action: Motion to: 1. Approve the bid specifications and authorize the Director of Public Works to solicit construction bids. 2. Approve the attached Sample Construction Contract subject to award of contract to lowest responsible bidder. Alternative Action(s): Deny approval of Recommended Actions and forego remedial repairs. 99RCA04.doc -2- 02/03/99 11:04 AM REQUEST FOR ACTION 0 MEETING DATE: February 16, 1999 DEPARTMENT ID NUMBER: PW99-04 Analysis: On July 15, 1998, staff prepared an "Additional Public Works Funding Report" wherein it was requested that an additional $100,000 to $200,000 per year for three years be budgeted for the remedial repair of arterial streets. Subsequent to the completion of this report, Lorick Associates Consulting, Inc. was retained to do a survey and an assessment of our arterial streets as related to potholes. Based on observations and evaluations of the data collected, the firm concluded that the City's potholes are a result of weathering and the lack of a comprehensive preventive maintenance program. The Lorick Report specifically recommended that the City: Augment the current level of maintenance with additional resources to repair potholes and fill street cracks. This task would require 40 to 60 days of additional contract work, per year. 2. Remove and replace all alligatored sections of roadway not included in the City's Capital Improvement Program. This work could be combined with that of the first recommendation. The estimated dollar amount of the above recommendations is a combined $200,000, and within the limit set in the staff report. On September 21,1998, the Council approved an amended budget for fiscal year 1998/1999, that included $200,000 for the remedial repair of arterial streets. Therefore, staff has prepared the necessary specifications for these repairs and is recommending that Council approve the documents, authorize the Director of Public Works to solicit construction bids, and approve the attached Sample Construction Contract. Environmental Status: 510 RCA Author: Robert F. Beardsley/Donald Noble 99RCA04.doc -3- 02/03/99 11:04 AM ATTACHMENT 1 CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR REPAIR OF VARIOUS ARTERIAL STREETS TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. RENEWALS; AMENDMENTS 4 ..7. CHANGES 4 8. NOTICE TO PROCEED 5 9. BONDS 5 10. WARRANTIES 5 11. INDEPENDENT CONTRACTOR 6 12. LIQUIDATED DAMAGES/DELAYS 6 13. DIFFERING SITE CONDITIONS 7 14. VARIATIONS IN ESTIMATED QUANTITIES 8 15. PROGRESS PAYMENTS 9 16. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 17. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 18. WAIVER OF CLAIMS 10 19. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 20. WORKERS' COMPENSATION INSURANCE 10 21. INSURANCE 11 22. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 23. DEFAULT & TERMINATION 12 24. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 25. NON -ASSIGNABILITY 13 26. CITY EMPLOYEES AND OFFICIALS 13 27. STOP NOTICES 13 28. NOTICES 13 29. CAPTIONS 14 30. IMMIGRATION 14 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 32. ATTORNEY FEES 14 33. ENTIRETY 15 • CITY -FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR REPAIR OF VARIOUS ARTERIAL STREETS THIS AGREEMENT, made and entered into this day of 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and . a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as the "PROJECT," more fully described as repair of various arterial streets in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made' and exchanged, the parties covenant and agree as follows: 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 in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. g:agree/form/construc/02/03/99 • However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges. that it is fully familiar with all the terms, conditions and obligations of this Agreement and 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. 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. "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 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 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; g:agree/form/construc/02/03/99 2 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. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION 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 not to exceed Dollars ($�, as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commenge the PROJECT within ten (10) working days after a Notice to Proceed is issued and shall diligently prosecute the PROJECT to completion within sixty (60) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. g:agree/form/construc/02/03/99 3 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 the terms and provisions of this Agreement. CITY shall have complete control of the premises on which 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. 6. RENEWALS; AMENDMENTS This Agreement may be renewed for a second and third year with CITY approval of CONTRACTOR's proposal for the second year and/or third year, subject to City Council approval of an amendment to this Agreement. 7. 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 DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. g:agree/form/const=102/03/99 4 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. 8. NOTICE TO PROCEED 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 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to 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 CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 9. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three 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; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 10. WARRANTIES 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 g:agree/form/construc/02/03/99 5 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. 11. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 12. 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 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 Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of calendar days set forth herein, which 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 g:agree/form/construc/02/03/99 6 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 DPW shall grant a further period of time- prior to the date of final settlement of the Agreement), notify 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 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 no way 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 materials 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. 13. DIFFERING SITE CONDITIONS (1) Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify 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 g:agreefform/construc/02/03/99 7 (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. 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 equitableadjustment. shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 14. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final. payment. Payment to 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. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to 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 variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. g:agreefform/construc/02/03/99 8 15. PROGRESS PAYMENTS Each month 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 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, 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 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 a acceptance of any part of the work. 16. 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 the terms of this Agreement. 17. . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, g:agree/form/construc/02/03/99 9 • • all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the 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. 18. 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. 19. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken.by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 20. WORKERS' COMPENSATION 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 liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. g:agree/form/construc/02/03/99 10 • • CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. 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. 21. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000 for this PROJECT. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. 22. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS 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 this Agreement; said certificates shall: g:agree/form/construc/02/03/99 11 provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY. CONSULTANT 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 coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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 CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder 23. 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. g:agree/form/construc/02/03/99 12 • • 24. 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. 25. 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. 26. 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 sections 1090 et seq. 27. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. 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 to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be g:agree/fonn/construc/02/03/99 13 made, at the place of business of such party, or to any other place designated in writing by such party. 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. 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. Section 1324a regarding employment verification. 31. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree_that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 32. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED g:agree/form/construc/02/03/99 14 • • 33: ENTIRETY The foregoing, and Exhibit "A,": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator Mayor ATTEST: City Clerk APPROVED AS TO FORM: ity Attorney INITIATED AND APPROVED: Director of Public Works g:agree/form/construc/02/01 /99 15 RCA0 ROUTING ?HEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: APPROVE SPECIFICATIONS AND SAMPLE CONTRACT FOR ARTERIAL STREET REMEDIAL REPAIRS MSC 402 COUNCIL MEETING DATE: February 16, 1999 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable tali CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Ray Silver, City Administrator FROM: Robert F. Beardsley, Director of Public Works( r SUBJECT: Agenda Item E-4 — February 16, 1999 DATE: February 16, 1999 Attached is our priority list of arterial street repairs to which we will be spending the emergency $200,000 appropriation. Please note two important points: 1. The list does not exclude those streets on which permanent work is being planned by way of OCTA and other funds. In the order of work, we will skip those segments of streets that have been approved for grant funding or which are viable contenders in a competitive funding process. 2. Until the bids are received, we will not be able to determine, with any degree of certainty, how much work may be accomplished on any street section; therefore, some streets listed may have to await subsequent funding opportunities. Attachment cc: Don Noble E- y • ARTERIAL STREETS POTHOLES/CRACK SEALING 505120 505140 505160 505170 140 160 170 180 190 200 210 _ 220 230 240 250 260 _ 280 503100 503110 503120 503130 503140 503150 503160 503170 503180 503190 503200 90 170 190 510050 502061 502070 502080 502090 Warner :Warner Warner Warner Warner Edwards Edwards Edwards Edwards Edwards Edwards Edwards Edwards Edwards Edwards Edwards Edwards . Edwards Edinger Edinger Edinger Edinger Edinger Edinger Edinger Edinger Edinger Edinger Edinger Springdale Magnolia Magnolia :Yorktown Mc Fadden Mc Fadden Mc Fadden Mc Fadden ;Beach B St. Newland :Magnolia Newland Bolsa Bolsa Mc Fadden Edinger 'Edinger 2140' s Heil Heil 1000' s Warner Athena Athena 200' s ;Slater Armada Varsity Goldenwest ;Gothard RxR Tracks Beach Newland Beach RxR Tracks :Gothard Goldenwest 280'w/o GW j 880' w/o GW Bolsa :Indianapolis Hamilton Bushard. Goldenwest Gothard RxR Tracks 405 FWY B St. 'Newland Magnolia Newland B St. .City Limits Mc Fadden Edinger Edinger 2140' s Heil Heil 1000' s Warner ;Athena Athena 200' s Slater Armada Varsity Talbert Gothard RxR Tracks Beach Newland Beach RxR Tracks Gothard ' Goldenwest 280' w/o GW 880' w/o GW Edwards .Mc Fadden Atlanta Bermuda 500' s Brookhurst Gothard . RxR Tracks 405 FWY RxR Tracks TOTA I = 31,500 99,000 132,000 132,000 99,000 136,113 156,480 157,740 184,040 43,344 .86,000 96,960 91,140 12,000 56,400 62,160 95,760 62,760 79,200 25,400 104,920 102,280 102,280 104,920 25,400 79,200 11,200 24,000 65,200 212,080 210,080 93,186 155,400 69,900 8,580 31,920 31,920 3,271,463 HB Page 1 11/18/98 • �.+•..Q'�ax.'7�„+i'�,T --r^.-'.".�..✓_... 's+r-f--,..-� A �- +'x �„ '-•'sv ' ,_ -r.5 a s-�s,.Fa's'_Z'4. T FAT 504140 Heil Beach Newland 156,720 504245ifffigdald � 3 tS`..'. yet` �leil �y5"•" ''=rs bi' k .�IBaS. 8 300 s ' =y- k„•+afi"' 'f" ..w. 4 sT' 9ll *504250 Neil 4 Springdale > Graham �, 9,9 50 x: �..._.x.= x - _ _.t._ _ v 504290 Heil ;Algonquin. :Saybrook 40,050 504001 Heil Saybrook Algonquin 40,050 504050 Heil 'Graham 1500' w/o Graham 45,000 504060 Heil 1500'w/o Graham : Spingdale 34,500 504070 Heil ;Springdale Bradbury 18,300 504065 Heil Bradbury :Springdale 18,300 504210 Heil Goldenwest Bradbury 276,900 20 Hamilton ;Bushard Brookhurst 205,120 30 Hamilton ; Brookhurst S.A. river 28,320 536001 Delaware Detroit Frankfort 33660 536010 Delaware Frankfort Indianapolis 43500 536020 Delaware Indianapolis Adams 132000 536050 Delaware Yorktown 17 th 64000 130 ;Graham 'Mc Fadden Mc Fadden 400' s 29,600 140 'Graham Mc Fadden 400' s Edinger 166,574 170 'Graham -Heil Stonehaven 95,400 180 Graham 'Stonehaven Meadow 13,500 190 Graham _Meadow Warner 32,844 190 Brookhurst Adams Adams 900' s 81,000 200 Brookhurst Adams 900' s Indianapolis 158,400 210 ' Brookhurst Indianapolis Indianapolis 1300' s 117,000 220 Brookhurst 1ndianapolis 1300' Atlanta 119,790 230 Brookhurst :Atlanta Atlanta 570' s 54,150 240 Brookhurst ;Atlanta 570' s Hamilton 196,555 512100 Indianapolis 1320'w/o Bushard Magnolia 79200 512110 'Indianapolis Magnolia Newland 158400 120 Gothard Heil Heil 740' s 44,400 130 :Gothard Heil 740' s Warner 112,500 140 Gothard :Warner Slater 159,540 150 'Gothard 'Slater :Talbert 157,560 160 Gothard Talbert Ellis 157,980 20 'Algonquin Boardwalk Heil 96,540 10 'Algonquin ' Davenport Boardwalk 44,880 *recommeded for reconstruction TOTAL= 3,3101483 HB Page 2 11/18/98 EGMEN, 508050 !Ellis l Chapel Newland 75,600 535001 j Palm j Goldenwest 117 th 96,750 280 Newland iYorktown !Adams 154,462 320 'Newland ;Atlanta Hamilton 157,586 210 ; Bushard ! Banning 1000' s Brookhurst 56,760 120 Bushard !Adams . 'Adams 1000' s 59,000 130 Bushard 'Adams 1000' s ;Adams 2000' s 59,000 1 TOTAL659,158 x �r�7�241 '104 HB Page 3 11/18/98 COPIES TO: • ELENI GENEIL C. REPAIR OF ARTERIAL STREETS AT VARIOUS LOCATIONS MSC-402 March 22, 1999, 10:00 AM (Engineer's Estimate: $200,000) BID LIST C % fpa._� .lV-11�z- � 2. Hard and H rper a Sfa 3s, /oo 3. Madison Paving 4. Mission Paving and Sealing $ 5. Rubberized Crackfiller Sealant $ 6. Sully -Miller $(/j 37,S0a (e) d6,000 G) 7 5- a (9) � i3 000 $ $ $ $ $ $ $ Page one of one 12108 COPIES TO: i • ELENI GENEIL REPAIR OF ARTERIAL STREETS AT VARIOUS LOCATIONS MSC-402 March 22, 1999, 10:00 AM (Engineer's Estimate: $200,000) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. All American Asphalt $ q 2. Hardy and Harper $ 3. Madison Paving $ 4. Mission Paving and Sealing $ 4/ 0 A14 5. Rubberized Crackfiller Sealant $ h / 6. Sully -Miller $ 907.40 P-w l' J Prc,-H Page one of one 12108 MSC 402 Pricing Evaluation Item No. Item of Work Quantity All American Unit Pricing Hardy & Harper Unit Pricing Sully -Miller Unit Pricing 1 Sawcut 15,000 LF $1.87 $0.95 $2.50 2 Remove/Replece 0-50 sq. ft. Cost per sq.ft. 300 $52.00 $4.30 $8.65 3 Remove/Replace 51-100 sq. ft. Cost per sq.ft. 300 $26.80 $4.00 $7.75 4 Additional Inch of AC 0-50 sq. ft. Cost per Inch 6 $27.20 $0.40 $1.65 5 Additional Inch of AC 51-100 sq. ft. Cost per Inch 6 $27.20 $0.40 $1.55 6 Provide/Place Aggregate Cost per ton 1 $150.00 Sum A $55.00 Sum A $75.00 Sum A $135.07 sqft $10.05 sqft $22.10 sqft 7 Crack Routing Cost per LF 130.000 LF $0.13 $0.04 $0.10 8 Crack Sealing Cost per LF 130,000 LF $0.24 . $0.27 $0.20 9 Loop Detectors Cost Per Detector 10 $324.00 Sum B $250.00 Sum B . $310.00 Sum B $0.37 LF $0.31 LF $0.30 LF Ave unit rate Vs $609.44 $315.36 $407.40 $ per sgfl of paving 740.36 sqft 9,950.25 sqft 4,524.89 sqfl $ per LF of Crack repair 270 270.27 LF 322 580.65 LF 333 333.33 LF line hens No. 6 & 9 were not considered In the area evaluation .7 • msc402 evaluation NOTICE INVITING SEALED BIDS For the POTHOLE / CRACK REAPAIR OF ARTERIAL STREETS MSC 402 In the CITY OF HUNTINGTON BEACH Public Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the above stated projects and will receive such bids in the Office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648 up to 10:00 a.m. on March 22, 1999. Bids will be publicly opened in the council chambers unless otherwise posted. A non -mandatory pre -bid meeting will be held at 10:00 am on March 15, 1999, in the Corporate Yards Administration Buildings, 17371 Gothard Street, Huntington Beach, California. Copies of plans and specifications, and contract documents are available from, the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, California 92648, upon payment of a $35.00 nonrefundable fee if picked up and $45.00 fee if mailed. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, California 92648. The City of Huntington Beach will deduct 10% retention from all progress payments. The contractor may substitute an escrow holder surety of equal value to the retention in accordance with provisions of the California Government Code, Section 4590. The contractor shall be beneficial owner of the surety and shall receive any interest thereon. The City of Huntington Beach hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, in any consideration leading to the award on contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with Instructions to Bidders. N-1 The bid must be accompanied by a certified check, cashier's check, or bidders bond made payable to the City of Huntington Beach for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall posses a State Contractor License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the City of Huntington Beach. The City of Huntington Beach, California reserves the right to reject any or all bids and to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. By Order of the City Council of the City of Huntington Beach, California this February 16. 1999. ATTEST: Connie Brockway City Clerk of the City of Huntington Beach N-2 03/17/1999 13:26 714--375--5099 • HB CITY YARD • PAGE 02 La �� �R CITY OF HUNTINGTON BEACH 2000 Main Street P.O_ Box 190 California 92648 F9 Robert F. Beardsley, P.E. Oep "arit of Public Works Director 1714) U64491 Arterial Street Remedial Repairs MSC 402 March 17, 1999 Notice To All Bidders: Please note the following modifications, and/or deletions to the specifications. 1. Replace pages P-1 through P-4 with the revised pages P-1 trough P-4. All bidders shall acknowledge the receipt of the Addendum Number 1 by including this letter with their bid proposal. These revisions do not change the Bid Opening date for this project. Should you have any questions regarding this Addendum Number 1, please call me at (714)375-5021 Thank you, Stephen Mutch Contracts Administrator This is to acknowledge receipt and review of Addendum Number 1, dated March 17, 1999- The revisions discussed and outlined in this addendum shall be included in the project bid documents. HARDY & HARPER, INC. Company Name 3/18 99 Steve K' schner Date vice Pr sident 03/17/1599 13:26 714--3 75--5099 HB CITY YAJ, PAGE 03 Addendum 1, Revised March 17, 1999 BID PROPOSAL FROM' HARDY & HARPER, INC. Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the Arterial Street Remedial Repairs M.S.C. - 402. REVISED March 17, 1999 1 hereby propose and agree to enter Into a contract to perform the work herein described and to furnish the materials therefore according to the route schedules, 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 matertalman through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not sue 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 stria conformity with the route schedules, 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 REM WITH UNIT PRICE UNIT NO. 13UANTIT/ WRITTEN IN WORDS PRICE TOTAL 1. 15,000 L.F. SAWCUT AC AT Ninety .Five CentfER L.F. $0. 95 $l4, 250 . 00 2. 0-50 REMOVAL AND REPLACEMENT OF AC 'Surface' S_ F. (6-InAgplh6tjM .y L%,TION $ 4 . 30 AT PER S.F. 3. St-100 REMOVAL AND REPLACEMENT OF AC 'Surface' S. F. (64nch depth) AT EACH LOCATION AT Four Dollars PER S.F. $ 4. 0 0 4. 0-50 EA. ADDITIONAL INCH OF AC AT EACH 'Surface' S. F. LOWRY Cents $ 0. 4 0. pER INCH 5. 51-100 EA. ADDITIONAL INCH OF AC AT EACH 'Surface' S. F. LOCATION AT Forty Cents PER INCH $ 0. 4 0 8. 1 TON PROVIDE/PLACE AGGREGATE BASE (1 Too) AT Fifty Five DollarAERTON $55 - $55.00 7. 130,000 L.F. CRACK ROUTING AT Four Cents PER L.F. $0.04 $5200.00 S. 130.000 L.F. SEALING AT Twenty Seven Cen#W-R L.F. $0. 27 $35,100. 0 9. 10 EA. LOOP DETECTORS AT Two Hundred F if t)OER EA. Dollars $250.00 $2,500.00 P-1 63/17/1593 13:26 714--375--5099 HB CITY YH PAGE 04 • Addendum 1, Revised March 17, 1 M It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractors compensation will be computed upon the basis of the actual quantities In the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds with ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned understands the contract time limit allotted for the contract is W working days. The undersigned has examined carefully the site of the work contemplated, the route schedules and Specifications and the proposal and contract forms therefore. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as t0 the character, quality, and scope of work to be performed, the quantifies of materials to be furnished, and as to the requirement of the proposal, route schedules, specifications, and the contract. Accompanying this proposal is Bidder's Bond �$ 10 0 NOTICE: Insert the words 'Cash," •Certified Check,' or `816dees Bond," as the case may be, In an amount equal tout least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposftss the above name 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 sufecfent 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. 215952 Licensed In accordance with an act providing for the registration of contract license No. HARDY & HARPER, INC. �Rhfikdre of Bidder Steve irschner, Vice Pres. Business Address 1312 E. Warner Ave., Santa Ana Place of Residence 7583 E. Endemont Ct. , Anaheim Hills, CA 92808 Dated this 18th day of March 99 tg Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Recelved 1 3/17/99 P-2 03/17/1999 13:26 714 65--5099 HB CITY YARD• PAGE 05 Addendum 1, Revised March 17, 1999 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder Is required to supply the following Information. Additional sheets may be attached I/ necessary. 1. Firm Name: HARDY & HARPER, INC. 2. Address:1312 E . Warner Ave. 3 Telephone; (714) 4 4 4 -18 51 Santa Ana, CA 92 0 4. Type of firm -Individual, partnership, or corporation: Corporation 5. Corporation organized under the laws of the State of. California 6. Contractor's Lioense Number 215952 7. Ust the names and address of all members of the firm or names and titles of all officers of the corporation: Fred T. Maas, Jr., Pres., Treas., Gen. Mgr. Steve Kirschner, Vice Pres. Kristen S. Paulino, Secretary a. Number of years experience as a contractor in street sweeping work: 52 years 9: Ust at least six projects completed or currently under contract as of reoent date: CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED OR CONTRACT DURATION REFERENCES NAME, ADDRESS & PHONE NUMBER OF OWNER see attached 10. List the name of the. person who Inspected the sites of the proposed work for your Arm: Steve.Kirschner 3/15/99 I.I. 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 this current finandal,00ndMon. p- HARDY & HARPER INC. ASPHALT PAVING CONTRACTORS STATE LIC. NO. 215952 (714) 444-1851 FAX (714) 444-2801 1312 EAST WARNER AVENUE REFERENCES SANTA ANA, CA 92705 CITY. OF YORBA LINDA Attn: Jack Baecker 1301 E. Orangethorpe Yorba Linda, CA 92885-8714 Tel: (714) 961-7170 Fax: (714) 986-1010 Annual Maintenance Contract $200,000.00 CITY OF NORCO Attn: Buddy Snipes 3954 Old Hamner Rd. Norco, CA 91760 Tel: (909) 270-5602 Fax: (909) 270-5619 Annual Maintenance Contract $150,000.00 COUNTY OF ORANGE Attn: Bob Witting 10852 Douglass Rd. Anahiem, CA 92806 Tel: (714) 567-6253 Fax: (714) 567-6383 Annual Maintenance Contract $700,000.00 PLACENTIA UNIFIED SCHOOL DIST. Attn: Jim Bass 1301 E. Orangethorpe Placentia, CA 92670 Tel: (714) 996-9600 Fax: (714) 572-9713 Annual Maintenance Contract $150,000.00 CITY OF MISSION VIEJO Attn: Kim Lemelin 25909 Pala Ste. 150 Mission Viejo, CA 92691 Tel: (949) 470-3000 Fax: (949) 581-5394 Annual Maintenance Contract $200,000.00 CITY OF RANCHO PALOS VERDES Attn: Dean Allison 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Tel: (310) 541-6500 Fax: (310) 377-9868 Annual Maintenance Contract $300,000.00 CAPISTRANO UNIFIED SCHOOL DIST. Attn: Mark Bauer 32972 Calle Perfecto San Juan Capistrano, CA Tel: (949) 489-7295 Fax: (949) 248-7104 Annual Maintenance Contract $400,000.00 SADDLEBACK UNIFIED SCHOOL DIST. Attn: Charles Butler 25631 Diseno Dr. Mission Viejo, CA 92691 Tel: (949) 837-2100 Fax: (949) 248-7104 Annual Maintenance Contract $300,000.00 03/17/1999 13:26 714V5--5099 HB CITY YARD• PAGE 06 Addendum 1, Revised March 17. ION DISIGNATION OF SUBCONTRACTORS In compliance with the 'Subletting and Subcontracting Fair Practioes Ad' being Section 4100.4113 of the government Code of the Irate 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 worts on labor or render service to the prime contractor In or about the oonstruction of the work or Improvement In an amount in excess of one -hag (1/2) of one percent (1%) 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 fads to specify a subcontractor for any portion of the work to be performed under the contract, he shalt be deemed to hive agreed to perform such portion himself, and he shalt not be per mHled to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of submiracting of any portion of the work to which no subcontractor.was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to wrtting as a public record of the Legislative Body of the owner. PORTION OF WORK SUBCONTRACTOR'S NAME AND ADDRESS STATE LICENSE NUMBER CLASS Crackfill Rubberized Crackfiller Sealant, Inc. 48478 C-32 800 E. Walnut Ave. Fullerton, CA 92831 Loops SMITHSON ELECTRIC 61451E _ C-10 1938 E. Katella Ave. Orange, CA 92867 By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor UsNng_ 2. That the City will be furnished copies of all sub -contracts entered Into and bonds furnished by subcontractor for this project. PA • • ST. PAUL MERCURY �ul INSURANCE COMPANY Property&Liability St. Paul, Minnesota Insurance A Capital Stock Company BID BOND Bond No. KNOW ALL MEN BY THESE PRESENTS, THAT WE, Hardy & Harper, Inc. as principal, and the ST. PAUL MERCURY INSURANCE COMPANY, a corporation existing under the laws of the State of Minnesota, and duly authorized to transact business in the State of California as surety, are held and firmly bound unto City of Huntington Beach, California as obligee, in the penal sum of 10 % of amount bid 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 day of 19 WHEREAS, the said principal is herewith submitting a proposal for Repair of various arterial streets pothole and crack sealing.repairs (MSC-402) THE CONDITION OF THE ABOVE OBLIGATION IS SUCH that, if the said principal shall be awarded the contract, and shall within ( ) days after receiving 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 principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; in no event shall the surety's liability exceed the penal sum hereof. St. Paul Mercury Insurance Company By ----- Kat teen Maas Atorr_ey-in-fact 31766 Ed. 8-83 Printed in U.S.A. • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CALIFORNIA State of ORANGE County of March 22, 1999 On Date Kristen S. Paulino, Notary Public before me, , Name and Title of Officer (e.g., "Jane Doe. Notary Public") personally appeared Steve K it sc lmer Name(s) of Signer(s) personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(T� whose name(g) is/app subscribed to the within instrument and acknowledged to me that he/sloe/tt*y executed the same in his/h404ir authorized capacity(LM), and that by his/her/their signature(4) on the instrument the person(*, : S. FAU NO or the entity upon behalf of which the person* acted, 1�21 �c executed the instrument. ;j U N i Y N MY GGi;!ISS!CM1`E:'P!i<=s MAY is, isss t WITNESS my hand and fficial seal. C Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ El El El El Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER op of thumb here Signer's Name: IS El El El E. Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .p of thumb her I 0 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cc County of oe I N,qt' On 3l f 7/11 before me, h r d c ( 5 Ih^ Lop.", N° a *' y jou l lr'C Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared ka P r N P l u Name(s) of Signer(s) personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by MICHAELS MAHAN his/her/their signature(s) on the instrument the person(s), Commission # 1158481 Z or the entity upon behalf of which the person(s) acted, Z -0 Notary Public - California > executed the instrument. Orange County My Comm. Wes0ct12200i WITNESS my hand and official seal. /A�/� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 1 El El El El 11 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .. . Signer's Name: E. El El El Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Hardy & Harper Inc. 132E Warner Ave. ; San Ana, Ca. gas SIe= OPEN: w CITY OF S ~! 2000. main \� EQ§TINGTON a2T22IAL STP 2T.REMEDIAL.RE2&IRS / M.S.C. - 402 Revised March 17, 1999 \\ MO§DAY,' March 22, 1999 10:00 a.m .x 0 Hardy & Harper Inc. 1312 E. Warner Ave. Santa Ana, Ca. 92705 CITY OF HUN"- INGTON BEACH 2000 Main Street HUNT INGTON BEACH, CA 92646 !�I^ : ARTERIAL STP.EET REMEDIAL ^EPAIRS M.S.C. - 402 Revised March 171 1999 OPEN: MONDAY, March 22, 1999 10:00 a.m. 0 _ i 'V' 0 CLEF"{ ETY OF ON BEACH. CA liii -A 22 A 9: jo Y/9- (0 00!:--1,-0 6X!6 /Nfl'L Blb Bwas `nimi-c n 70 C 0A1/W C /-O,eZ NEW &F 5/-- 7/ 95 I have received Bid Bond No. No. 766046(20331), Liberty Mutual Insurance Company for Sully Miller Contracting Company and Bid Bond No. 562 73 59, Safeco Insurance Company of America for All American Asphalt Co. Re: MSC-402 •— Arterial Street Remedial Repairs Dated: a Received: 3/17/99 11:n6; 714 375 5099 -> SULLY -MILLER CO.; Page 2 03/1..7/1999 11:3e 714-- 5099 HB CITY YARD PAGE 02 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 California 92648 Roeert P. Beardsley, P.E. Director Arterial Street Remedial Repalre MSC 402 Mamb 17, 199S Notice To All Bidders: Depwbr* t of Public Works (714)65641431 Please note the following modifications, and/or deletions to the specifications. 1. Replace pages P-1 through P-4 with the revised pages P• 1 trough P4. All bidders shall acknowledge the receipt of the Addendum Number 1 by including this letter with their bid proposal. These revisions do not change the Bid Opening date for this project. Should you have any questions regarding this Addendum. Number 1, please call me at (714)375-5021 Thank you, Stephen Mutch Contracts Administrator This is to acknowledge receipt and review of Addendum Number 1, dated March 17, 1999. The revisions discussed and outlined in this addendum shall be included in th ject bid documents. r SULLY -MILLER CONTR. CO. 03/19/99 Company Name Date GAR A. GIBSON-ASSISTANT SECRETARY Received: 3/17/99 11:37; 714 375 5099 -> SULLY -MILLER CO.; Page 3 03/1.7/1999 11:38 714---5099 HB CITY YARD 0 PAGE 03 Addendum 1, Revised March 17, 1999 BID PROPOSAL FROM SULLY -MILLER CONTRACTING COMPANY Firms Name To the Honorable Mayor and City Council, City of Huntington reach, California: In compliance with the notice inviting sealed proposals for the Arterial Street Remsdlid Repairs M.S.C. - 402. REVISED March 17, 1999 I hereby propose and agree to enter Into a contract to perform the work herein described and to fumish the materials therefore according to the route schedules, specifications and spedal provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of sold City of Huntington Beach, California. The un0lerslgned has not accepted any bid from any subcontractor or matodalmen through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid depository, or which prevent any subcontractor or materlalman from bidding to any contractor who does rat sue the fadlities 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 delver all the improvements complete in place in strict confomtity with the route schedules, spedfications and spedal provisions, on Me 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 cult: ITEM APPROXIMATE ITEIIII WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1. 15,000 L.F. GAMUT C AT�^o X e&y R L.F. ' • So 37, 2. 0-50 REMOVAL AND REFLAeEMENT OF AC "Surface" $. F. in de h A !"ACH LOC TI ;moo A�T-G P S: q _ 4' S 9S 'm 3. 51-100 REMOVAL AND REPLACEMENT OF AC 'Surface" S. F. I;d-i de pdt AT EACH LOCH ATl� / • %s 93D 4. 0-50 EA. ADDITIONAL INCH OF AC AT EACH 'Surface" S. F. LOV*TION A 1�d2��1i S�,/T" PER INCH 5. 51-100 EA. ADDITIONAL INCH OF AC AT EACH 'Surface' S. F. LOTIO , A `�C�CL� 8. 1 TON PROVIDEMUCE AGGREGATE BASE �,,,� ) AT ER TON 75- Q'a %S 7 p-',!�) 7. 130,000 L.F. CRACKMR-TING ATLWJ 644&3aER L.F. / O /- 13, bco . as 8. 13o,00o L.F. SEALI 3,�� ER . . o�� o7lo,ODa c7� 9. 10 EA. LOO A PER EA. VlA P-1 Received: 3/17/99 11:37; 714 375 5099 -> SULLY -MILLER CO.; Page 4 03/17/1999 11:38 714-- -5099 HB CITY YARD PAGE 04 Addendum 1, Revised March 17, INS It Is understood and agreed that the approAmete quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities In the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds with ten (10) days from the date of approval of the contract by the. City of Huntington Beach, Califomia. The undersigned understands the contract time limit allotted for the contract is W working days. The undersigned has examined carefully the site of the work contemplated, the route schedules and specifications and the proposal and contract forms therefore_ The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirement of the proposal, route schedules, specifications, and the contract. Accompanying this proposal is "BIDDER'S BOND"° ($-----+_10 0---------- t, 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 name 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 sold 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. 747612 A Business Address 1100 E. ORANGETHORPE AVE., SUITE 200 PlooeofResidence . ANAHEIM, CALIFORNIA 92801 Dated this 19TH day of MARCH , tp^gg Bidder shall signior receipt of all Addenda here, W any: Addendum No. Data Received #1 MARCH 17, 1999 W65 �• �� • P-2 Received: 3/17/99 11:38; 714 375 5099 -> SULLY -MILLER CO.; Page 5 03/17/1999 11:38 714--o-5099 H11 CITY YARD 0 PAGE 05 Addendum 1, Revised March 17, I PROPOSED INFORMATION RECKARED OF INDOOR Bidder is required to supply the folbwing information. Additional sheets may be attached If necessary. 1. FirmNAme:SULLY-MILLER CONTRACTING COMPANY 1100 E: ORANGETHORPE AVE., SUITE 200 2. Address: A N A H E I M _ ,SA, 92801' �! 3.:Telephone: 714/578-9600 4. Type of fim r4ndividual, partnership, or corporation: CORPORATION 5. Corporation organized under the laws of the State of D E LA W A R E a. Contractoes License Number. 747612 A 7. List the names and address of all members of the firm or names and titles of all oftioem of the corporation: SEE ATTACHED a. Number of years experience as a contractor in street sweeping work: 75 YEARS 9. ' Dist at least six projects competed or currently under contract as of recent date: CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED OR CONTRACT DURATION REFERENCES NAME ADDRESS 8 PHONE NUMBER OF OWNER SEE ATTACHED 10. List the name of the person who Inspected the sites of the proposed work for your firm: JANE MROTEK - ESTIMATOR 11. If requested by the City, the bidder shall furnish a notarized ftnandel statement, financial data, or other inbmw*w and references sufficiently comprehensive to permit an appraisal of this current Onandal condition. P-3 • • CERTIFICATE OF INCUMBENCY AND RESOLUTION I, George Aldrich, do hereby certify that I am an Assistant Secretary of Sully -Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation: TITLE Chief Executive Officer Chief Financial Officer & Treasurer Vice President, Chief Estimator Vice President, Operations Secretary Assistant Secretary Assistant Secretary NAME R. Bruce Rieser Tim P. Orchard Ron J. Salcido Mitchell P. Vigna Stewart M. Fuhrmann Gary A. Gibson George Aldrich I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on April 17, 1998, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTE BIDS AND CONTRACTS) Resolved, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in connection therewith, to the United States, any of the States, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporations thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 20th day of July, 1998. George Aldrich Assistant Secretary (SEAL) PAGE YEAR TYPE OF WORK VALUE OF WORK LOCATION OF WORK OWNER ENGINEER COMPLETION WORK 1993 STREET RECONST. 1,857,488 PLACENTIA AVE. & WILSON CITY OF COSTA MESA C/O COSTA MESA 10/93 STREET RECONST. 1,830,953 LAKEVIEW & LA PALMA CITY OF ANAHEIM CITY OF ANAHEIM 04/94 STREET RECONST. 724,428 ADAMS AVENUE CITY OF COSTA MESA C/O COSTA MESA 05/93 STREET RECONST. 1,398,976 TUSTIN & LA PALMA CITY OF ANAHEIM CITY OF ANAHEIM 02/94 STREET RECONST. 2,446,212 SEPULVEDA BLVD. CITY OF CARSON CITY OF CARSON AC & CONC. PATCH 1,122,000 VARIOUS LOCATIONS CITY OF LONG BEACH BEVERLY GLAVIS 06/94 ST. RECONST. 1,098,831 SANTA MONICA BLVD. CITY OF BEVERLY HILLS C/O BEVERLY HILLS 01/94 PARKING LOT 717,000 UNIVERSAL STUDIOS TURNER CONSTRUCTION 03/94 1994 STREET RECONST. 891,878 ATLANTIC AVENUE CITY OF LYNWOOD CITY OF LYNWOOD w 12/94 AC OVERLAY 1,407,820 VARIOUS STREETS CITY OF SOUTH GATE R & W HIGHWAY 09/94 STREET RECONST. 1,059,555 WEST L.B. BUSINESS CITY OF LONG BEACH C/O LONG BEACH 06/94 1995 AC & PCC PATCH 1,300,000 VARIOUS LOCATIONS CITY OF LONG BEACH C/O LONG BEACH 06/95 DOWNTOWN STREET 7,162,958 CULVER BOULEVARD CITY OF CULVER CITY HANES & ASSOC. 03/95 STREET RECONST. 1,500,000 BROADWAY CAL TRANS CAL TRANS 03/95 PARKING LOT 500,000 BEVERLY HILLS HOTEL PECK JONES HIRSCH/BEDNER 02/95 STREET RECONST. 2,290,800 KRAEMER & LA PALMA C/O OF ANAHEIM C/O ANAHEIM 11/95 STREET RECONST. 2,052,149 BROADWAY STREET C/O ANAHEIM C/O ANAHEIM 10/95 REMEDIAL RECONST. 1,000,000 CHEVRON SITE LOCATION CHEVRON FOSTER & WHEELE 04/95 RUNWAY REPAIR 1,000,000 JOHN WAYNE AIRPORT ORANGE COUNTY J. WAYNE AIRPORT PARKING LOT . 500,000 HEBREW COLLEGE PECK JONES ASSOCIATES 06/95 PAGE 2 1996 STREET RECONST. 607,292 VARIOUS LOCATIONS 95196 CITY OF BALDWIN PARK CITY OF BALDWIN 03/96 STREET RECONST. 1,037,000 SUSAN STREET. SANTA ANA C.J. SEGERSTROM NORRIS REPKE 03/96 FREEWAY WIDENING 3,991,535 15 FREEWAY, DEVORE STATE OF CALIFORNIA STATE OF CA 05/96 STREET REHAB. 879,331 VARIOUS LOCATIONS CITY OF RIVERSIDE CITY OF RIVERSIDE 06/96 CONTAINER STORAGE YARD 838,136 SANTA FE SPRINGS CONWAY NTNL ENGRG.TECH. 07/96 FREEWAY WIDENING 5,432,337 40 FREEWAY, NEEDLES STATE OF CALIFORNIA STATE OF CA 08/96 STREET RECONST. 433,132 TEMPLE AVENUE COUNTY OF LOS ANGELES COUNTY OF LA 10/96 STREET RECONST. 574,926 MYRTLE AVENUE IRWINDALE CRA CITY OF IRWINDALE 11/96 AIRPORT RUNWAY & 13,545,946 CHINO AIRPORT COUNTY OF SAN BERNARDINO KENNEDY/JENKS 11/96 TAXIWAY �97 NEW STREET 11,500,000 QUEENSWAY BAY CITY OF LONG BEACH LONG BEACH 04/98 FREEWAY WIDENING 4,868,000 IMPERIAL COUNTY STATE OF CALIFORNIA CALTRANS 04/98 GRADE SEPARATION 8,583,500 7TH AVENUE CITY OF INDUSTRY WILDAN 09/99 PIER RECONSTRUCTION 2,497,900 PIER A, PORT CITY OF LONG BEACH LONG BEACH HARBOR 09/97 CONTAINER STORAGE 1,089,627 PIER, PORT CITY OF LONG BEACH LONG BEACH HARBOR 06/97 YARD PARKING LOT/ 3,067,655 DISNEYLAND WALT DISNEY IMAGINEERING WALT DISNEY 03/97 INTERSECTION CONST. FREEWAY WIDENING 27,156,156 ROUTE 60/215 STATE OF CALIFORNIA CALTRANS 01/2000 STREET/STORM DRAIN 6,815,707 WALNUT STREET WALT DISNEY IMAGINEERING WALT DISNEY 04/98 1998 TAXIWAYS 1,772,000 JOHN WAYNE AIRPORT JOHN WAYNE AIRPORT JOHN WAYNE AIRPORT 12/15/98 ROAD RESURFACING 431,869 SILVER SPUR DRIVE ROLLING HILLS ESTATES ROLLING HILLS ESTATES 12/01/98 STREET RECONSTRUCTION 41,541 VARIOUS LOCATIONS CITY OF VILLA PARK WOODBRIDGE DEVELOPMENT 12/17/98 STREET RECONSTRUCTION 377,800 GAGE AVENUE LOS ANGELES COUNTY - DPW LOS ANGELES COUNTY 11/20/98 STREET IMPROVEMENTS 298,500 ARROYO DRIVE CITY OF MONTEBELLO CITY OF MONTEBELLO 09/15/98 STREET IMPROVEMENTS 124,405 VALENDA AVENUE LOS ANGELES COUNTY - DPW LOS ANGELES COUNTY 10/31/98 STREET RECONSTRUCTION 739,272 PIONEER & NORWALK BLVD. CITY OF ARTESIA CITY OF ARTESIA 10/15/98 ROAD RESURFACING 416,110 CROSSROADS PARKWAY CITY OF INDUSTRY C N C ENGINEERING 10/20/98 TAXIWAY 33,427 LONG BEACH AIRPORT LONG BEACH AIRPORT GULFSTREAM INC. 11/01/98 NOTE: The above is a partial listing of Projects completed in the last five years. Sully -Miller Contracting Company completes approximately 500 projects per year. Received: 3/17/99 11:38; 714 375 5099 -� SULLY -MILLER CO.; Page 6 03/17/1999 11:38 714--o-5099 HB CITY YARD PAGE 06 Addendum 1, Revised March 17, 1 M DISIGNATION OF SUBCONTRACTORS In compilance with the "Subletting and Suboontradinp Fair Pracdoes 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 on 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 (1%) 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 worts 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 subcontrad that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any potion of the work to which no subcontractor was designated In the original bid shad only be permitted in cases of public emergency or necessity; and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION OF WORK SUBCONTRACTOR'S NAME AND ADDRESS STATE LICENSE NUMBER CLAN By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all worts 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-4 BOND NO.06046(20331) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 =1%I= • •I KNOW ALL MEN BY THESE PRESENTS, THAT WE, SULLY -MILLER CONTRACTING COMPANY as Principal, hereinafter called Principal, and LIBERTY MUTUAL INSURANCE COMPANY 8044 MONTGOMERY ROAD, SUITE 137 CINCINNATI, OH 45236 a corporation duly organized under the laws of the State of MASSACHUSETTS as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH CITY CLERK, 2ND FLOOR, CITY HALL 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Obligee, in the sum of 10% OF BID ( 10% OF BID ) DOLLARS, 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 assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for ARTERIAL STREET REMEDIAL REPAIRS MSC 402 NOW, THEREFORE, if the Obligee shall accept the bid of 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 bonds 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 fumished 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 Principal 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 may 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. Sealed with our seals and dated this 18TH day o f MARCH, 1999 Bid Date: ARCH 22, 1999 SULLY -MILLER CONTRACTING `,v (Princ' (Witness) GARY A. GIBSON I e) ISTAN SECRETARY ,4j,. L&Q., (Witness) PAMELA K. RIFE AIA DOCUMENT A310 BID BOND - AIA FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS WC Record#: 5234 THIS POWER OF ATTORNEY IS N&ALID UNLESS IT IS PRINTED ON RED BAIDROUND. 521941 This Power of Attorney limits the act of those named herein, and they have no authority to bind.the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY.THESE PRESENTS: That Liberty _Mutual Insurance Company:(the "Company"), a Massachusetts mutual insurance company, .pursuant to and by authority of. the By-law and Authorization hereinafter. set forth, does hereby name, constitute and appoint, MARK_FITZGERALD, ELIZABETH MARRERO,. PAMELA K. RIFE, ANNA B. DIME, CHRISTINE V. McKENNA, ALL OF THE CITY OF. NEW YORK, STATE OF.NEW YORK............`....................... each individually if there be more than one named, its true and lawful attorney -in -fact -to. make, execute _seal acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds; recognizances and other: surety obligations in the penal sum not exceeding FIFTY MILLION**************************** ********** DOLLARS (s50,000,000 ********** ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 11th day of December , 19 98 LIBERTY MUTUAL INSURANCE COMPANY By Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 11th day.of December A.D. 19 98 , before me, a Nota_ry.recPublic,.personally came the individual, known to me to be the therein des ividual and officer of Liberty. Mutual .Insurance Company who executed the peding instrument, and he acknowled- ged that he executed1hezarne a al seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signature SdtF2d a was duly. affixed and subscribed to thesaid instrument by authority and direction of the said company. A r Fq tee IN TESTIMO WHEREOF I Fie e�Gnto set my hand and affix my official seal at PlymouW Meeting,: , the day and year first above written. OF A' Y i GfGG�h/K� f�4���E Notary Public r n'� �y ; fiTit=►CfTE , I; the undersign e ssis�tanet=retary of Liberty Mutual Insurance Company, do hereby certify that<ahe original power of attorney of which the ; foregoing is a full, true and co ec copy, is in full force and effect on the:date of this certificate; and t. do further. certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney -in -fact as provided in Article . XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 18TH day of MARCH , 19 99` sistant ec etary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI E AFTER December 11 , 20 00 Liberty Mutual Insurance Company Statutory Balance Sheet (dollars in thousands) Assets December 31 IP97 _......__...._.......... _ .._»..»..»_ ..__.._ ..... __»» ..».__..........._. __....._.... 11,609,662 Common& Preferred Stocks»....,»........:..» ............ -.......................... ..»..»...._............_.__................__.._........_..... 4,446,393 RealEstate ....»___.....__....___...--_.».__............ _•_-_.__...__....__...............».._...._»...,........__».....----..-...._.-.... 128,301 Cash k Short -Term Investments ...... ....... ..................... ...»_.._.._.._......... .....»......... ........... ................ ....... ......... 242,970 OtherInvested Assets»_» _.._ .»._...._ ...__.__...._...._........»..»_ _ ._.._..».._......_......._......_....._..........._....» 271,268 Subtotal Cash and Invested Assets.._....._ .._................................ .____............_......__...........___...._.._»_» _......» 16,698,784 Premium in Course of Collection* ....................... .. ».»....»..»....»..».._.............»..._............ »............ _._................... 1,521,916 Reinsurance Recoverables on Loss and Loss Adjustment Expense Payments...._... ................ __ ».._...._......... 183,330 Interest, Dividends and Real Estate Income Due and Accrued.-....»_.. ....... _........................... »..... »: _..».._.._.._... 168,557 OtherAssets. ._ ------ »-------- »_.....---......__.».__..__..»_»........_..»_.....___» ._.»__».....................». .._ _ _ .....»_... 779,394 TOTAL ADMITTED _---._._.___»_ 19,352.181 Liabilities and Surplus Reserve for Losses and Loss Adjustment expenses..._..».. _.._ ».._........._..._....._............_..__......_»_...._..»....... 10 208,483 Reserve for Unearned Premiums ..:..... »__...... ....... __»:............... _.._».._..»...... »..................... ....__._....._..__».._............. 1,629,832 Reinsurance Payable on Paid Loss and Loss Adjustment Expenses.._..».._»».._...._..__.._........»__»._»_........._...» 36,194 Federal Income Tax and State Premium Tax Accrued ............... ................_.._....._................._..........__............._... 91,7774 Other Liabilities...._.:.. .::»_. TOTALLIABILITIES .......... .............. ......... ...._......... ............... ....__............. _................... _........... ... ....... 13,285,848 UnassignedSurplus ............ ..... _..._..___ _. »......_.. ..._...»._______...._..__...._____..__......_.._....._........_....... 4,924,367 GuarantyFunds_._...._.._......___._._ ... ..» _ »...._......_.. __.._..»_..__.»»..»... ..»..........__._ ». _ 1,250 SurplusNotes_..__........ _. ... ._.___ __»_.__ .._» ._ ». ...._.__..........»».._.._.._........»....»...._»_...».__......._._... 1,140416 TOTALSURPLUS.»..__. __..»__..__. _ »...»._..... ._..».........__»..»_.-_._............_.....___.....-.....,_.... 6.066,333 TOTAL LIABILITIES AND (*Excludes premiums more than 90 days due) COMMONWEALTH OF MASSACHUSEETTS SS: COUNTY OF SUFFOLK Dennis Langwell, being duly sworn, says: That he is Vice President and Comptroller of Liberty Mutual Insurance Company; that said Company is a mutual insurance company duly organized, existing and engaged in business as a surety by virtue of the laws of the Commonwealth of Massachusetts and has duly complied with all the requirements of the laws of said Commonwealth and of the laws of the State of---. applicable to said Company and is duly qualified to act as surety under such laws; that said Company has also complied with and is duly qualified to act as surety on federal bonds under Section 9305 of Title 31 of the United States Code. That the foregoing is a full, true and correct statement of the financial condition of said Company an the 31st day December,1997 Sworn to before me this 31st day of March,1998 C My Commicsion Expires _i_r�.^ . 1 rt . n1 r• r ��, Vice,P. f ent and C,6inptr611ir SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF NEW YORK ON 03 / 18 /99, BEFORE ME PERSONALLY CAME PAMELA K. RIFE , TO ME KNOWN WHO BEING BY ME DULY SWORN DID DEPOSE AND SAY THAT HE/SHE RESIDES IN NEW YORK, NY, AND THAT HE/SHE IS AN ATTORNEY - IN -FACT OF Liberty Mutual Insurance Company , THE CORPORATION DESCRIBED IN, AND WHICH EXECUTED THE WITHIN INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF SAID CORPORATION; AND THAT HE/SHE SIGNED HIS/HER NAME THERETO BY LIKE ORDER; AND THAT THE SAID COMPANY HAS RECEIVED FROM THE SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, AND SUCH CERTIFICATE HAS NOT BEEN REVOKED. - . AMY BAXTER Notary Public, State of New York No, 01 BA5085901 aualified in Kings county NOTAR P�VC commission Expires Sept. 29,1999 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF ON THIS DAY OF 19_, BEFORE ME PERSONALLY CAME ,TO ME KNOWN, WHO, BEING DULY SWORN, DID DEPOSE AND SAY; THAT HE/SHE RESIDES IN AND THAT HE/SHE IS THE OF THE , THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF THE SAID CORPORATION; THAT THE SEAL AFFIXED TO SAID INSTRUMENT IS SUCH CORPORATE SEAL; THAT IT WAS SO AFFIXED BY THE ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT HE/SHE SIGNED HIS NAME THERETO BY LIKE ORDER. NOTARY PUBLIC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On MARCH 19, 1999, before me, ALICE M. ENGLISH - NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared GARY A. GIBSON Name(s) of Signer(s) ALICE M. ENGLISH Commission # 1112305 Z Notary Pubric - California Orange County My Comm 6VM5 Oct 21, 2000 Place Notary Seal Above ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name(4 is/a4 subscribed to the within instruJ�ent and acknowledged to me that he/sFx6/they executed the same in his/i4r/their authorized capacity(ipl), and that by his/lye'r/t1i it signature(] on the instrument the person(s or the entity upon behalf of which the person(W acted, executed the instrument. WI S my�hand and gffigial seal. Signature of Pu OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BIDDER'S Document Date: BOND MARCH 18, 1999 Signer(s) Other Than Named Above: NONE Capacity(ies) Claimed by Signer Number of Pages: Signer's Name: GARY A. GIBSON Individual A Corporate Officer —Title(s): ASSISTANT SECRETARY ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: SULLY -MILLER CONTRACTING COMPANY ONE RIGHT THUMBPRINT OF SIGNER .. of thumb here 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 " Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 CUErRK "1 f'r OF HU:-'Yip: HACH, CA 199y H► ti 2 2 A --"j I SEALED BID SULLY -MILLER CONTRACTING CO. TO: CITY OF HUNTINGTON BEACH CITY CLERK, 2ND FLOOR, CITY HALL 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 BID DATE: MARCH 22, 1999 @ 10:00 AM BID PROJ: ARTERIAL STREET REMEDIAL REPAIRS MSC 402 1100 E. ORANCETHORPEAVE., STE.200 ANAHEIM, CA 92801 .03/17/1999 11:26 714--�75--5099 HB CITY YARD PAGE 02 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 California 92648 Robert F. Beardsley, P.E. Director Arterial Street Remedial Repairs MSC 402 March 170 im Notice To All Bidders: Department of Public Works (714) 8ee-U31 Please note the following modifications, and/or deletions to the specifications. 1. Replace pages P-1 through P-4 with the revised pages P-1 trough P-4• ,All bidders shall acknowledge the receipt of the Addendum Number 1 by including this letter with their bid proposal. These revisions do not change the Bid Opening date for this project. Should you have any questions regarding this Addendum Number 1, please call me at (714)375-5021 Thank you, Stephen Mutch Contracts Administrator This is to acknowledge receipt and review of Addendum Number 1, dated March 17, 1999. The revisions discussed and outlined in this addendum shall be included in the project bid documents. A II Ame y--i C20 A ,,,ohs►_ +- Company Name By V i (aC ertSf dCvrI-Date •031117I1999 11:26 714--375--5099 HB CITY YARD PAGE 05 Addendum 1. Revised March 17, IM PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following infomratlon. Additional sheets may be attached If necessary. 1. Firm Name: -All A rYl P_Iri caA A rS,oha l+- 2. Address:f"O- 3. Telephone: (90)i3(e-?ja6o 4. Type offirm-Indluidual. pCartnership or core bralion 0-0rA61r4+iQ✓1 5. Corporation organized under the laws of the State of: , t 41 i7 or►'l ► 00.- a. Contractor's License Number., eq W-201 7. List the names and address of all members of the firm or names and titles of all officers of the -Pfi�siaa►+ O^kW,,� (tea ��,,_ vir� Pam; Kosctrib VrtOlde + 9. Number of years experience as a contractor in street sweeping work: 3o T 4.✓.5 Q. List at least sic projects completed or currently under contract as of recent date: DATE COMPLETED CONTRACT AMOUNT CLASS OF WORK OR CONTRACT DURATION REFERENCES NAME, ADDRESS E PHONE NUMBER OF OWNER IFsbl i' $P -h G�r'1 q � � � it `s o C1a r'KcA . Nor o Lqm) 72 S- �9g1'ioq°O cj•f, tcorl�,-Fru,ctiF; 3Io17 lo w (a f giavlN19Ue (.dry 3ro �7q1 l..a PPaZ 9 fob , S�I�oo �'• �tmrts'fin,i yr'q�1 L C+y pt o,F Kbl is 9oa Soup•,►-h r<rr�noh-�- AlCif I �3i3ao• Q ; 14'q 8 C � oA 405�8oD oo S-t• T-mPrtri!mmts 111198 IQ t rcr 5 i GL.e coc�✓L-t-�/ e, 14O ,7 D 111118 A71 1, 5 7 10. List the name of the person who inspected the sites of the proposed worts for your firm: 7 i M /V1cGgE5 11. If requested by the City, the bidder shelf fumish a notarized financial statement, financial data, or other Information and references sufficiently comprehensive to permit an appraisal of this current financial condition. P-3 ?oo ,-9 344 i )458-312-2- :. 03/17/1999 11:26 TY YARD PAGE 91 CITY OF HUNTINGTON BEACH CITY CORPORATION YARD 17371 GOTHARD STREET HUNTINGTON BEACH, CA 92647 (714) 960-8861 FAX NUMBER: (714) 375.5099 DATE: .3 -- / 2- 99 FROM: 50y) 7%-704 TOTAL PAGES INCLUDING THIS PAGE: 4 SAFECO INSURANCE COMPANY OF AMERICA e GENERAL INSURANCE COMPANY OF AMERICA FIRST NAL INSURANCE COMPANY OF AMERICA SAMCO� HOME OFF ICOE: SAFECO PLAZA SEATTLE, WASHINGTON 9E185 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 BOND NO. 562 73 59 KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL BID IN------------------------------------ Dollars (S 10% OF BID ), 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 assigns, jointly and severally, f irmly by these presents. WHEREAS, the Principal has submitted a bid for ARTERIAL STREET REMEDIAL REPAIRS, M.S.C. 402 NOW, THEREFORE, if the Obligee shall accept the bid of 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 bonds 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 Principal 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 may 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 17th day of Witness BID DATE: MARCH 22, 1999 Witness 17-8030 S-54/EP 10/90 MARCH , 19 99 . ALL AMERICAN ASPHALT (Seal) Principal BY: Title SAFECO INS N OF AMERICA B 0 Attorney -in -Fact ® Registered trademark of SAFECO Corporation. PRINTED IN U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of R 1 V e R-S 1 D f✓ ss. On 3 , before me, De fJ tjI S 0_w E S , 00-FA-?--Y P1A 13 L1, t, , Clate Name and Title of Officer (.g., "Jane Doe, Notary Public") personally appeared 0 5 c [zT B R.AD L S `r Name(l of SignerW DENNIS JONES Commission # 1200094 Z Z Notary Public - California Riverside CE2f�J2 ty Qmycomm.slcpim Place Notary Seal Above g personally known to me El to be the personA whose name(A is>K subscribed to the within instrument and acknowledged to me that he/ley executed the same in hiss/fir authorized capacity(, and that by his/,W/fir signature(,a') on the instrument the personal, or the entity upon behalf of which the person(,s') acted, executed the instrument. WITNESS my hand and official seal. Sig re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: B 'I D 130 N Document Date: 3 J I I 15 Number of Pages: 4AJE —T A A SignerA Other Than Named Above: Q W E N M, Eg oWAI Capacity0eig Claimed by Signer Signer's Name: Ko f3 e t2-T 73 P-AD L E Y ❑ Individual Top of thumb here X Corporate Officer — Title( '): V % C E PR-65 / PEA17'_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: AL I, A V e-21 &A,�1 j4_gHAI,T 0 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 POWER ' OF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 08185 No. 9184 That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint aaaaaaaaaaaaRaaaaaaaaOWEN M. BROWN, Anaheim, Cal ifornian"aaanaaamaaaanNunn umaaaaaaaaaaaaaaaaaa its true and lawful attorneys) -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 4 t h CERTIFICATE day of January , 1993 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 seat 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." 1. R. A. Pierson. 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 still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 17th day of MARCH 1 s 99 S-1300/EP 1/93 (R) Registered trademaric of SAFECO Corporation. ILL -PURPOSE ACKNOWLEDtWEMT No. sin Slate of CALIFORNIA CAPACITY CLAIMED BY SIGNER County of ORANGE ❑ INDIVIDUAL 3-17-99 before me, BARBARA J. BENDER, NOTARY PUBLIC On DATE NAME, TITLE OF OFFICER • E.O,'JANE DOE. NOTARY PUBLIC" ).srsonaily appeared OWEN M. BROWN 1 1 OF SKINER(S) 0 personalty known to me - to be the person(4 whose name(3) is/M subscribed to the within instrument and ....�,m.,.r11111ocknowledged to me that he/ it III, I executed the same in hIs1bmattbrmk BARBARA J. BENDERl :authorized capacity(k*, and that by COMM. 1�1097138 ISi signature(1) on the Instrument to e person(l), or the entity upon behalf of VI NOURY PUBLIC- CALIFORNIA rA i! ORANGE COUNTY .. 1hJ¢tT>the personit) acted, executed the Y COMR EXP. JUL 13. 2000 tru ent. NOT ❑ CORPORATE OFFICER(S) nTLtE($) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NME of PER "1111) OR WITY(IES) 3MGO IWSURANCB COMPANY OF AMSiaCA ATTENTION NOTARY: Although the Information requested below is OPTIONAL, it could prevent fraudulent attachment of this coniflcate to an unsulhorlted document. THIS CERTIFICATE Title or Type of Document BID BOND MUST BE ATTACHED Number of Pages 1 Dale of Document 3-17-99 TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other than Named Above ALL AMERICANT ASPHALT 01992 NATIONAL NOTARY ASSOCIATION - 8298 Rommel Ave., P.O. Box 7184 , Canoga Park, CA 91904- HS CiTY YARD PAGE 06 Addendum 1, Revised Marsrh 17,1999 OtSIGNATiON OF SUBCONTRACTORS In compliance with the 'Subletting and Subcontracting Fair Practices Ad' being Section 4100.4113 of the Government Code of the State of Caubmis, and any amendments thereto, each bidder shall set forth below the name and location of the pace of business of each subcontractor who will perform work on 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 (1%) of the prime contratdoes 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 Noted. If the axntrador fails to specify a subcontractor for any portion of the work to be performed under the contract, he Omit be deemed to have agreed to perform such portion himself, and he shall not be pertr+ited to subcontract that portion of the work except under the conditions hereinafter M forth. Subletting of subcontracting of any portion of the work to which no subcontrador was designated In the original bid shall only be pemrftted in cases of public emergency or necessity, and then only after a "ng reduced to writing as a public record of the Legislative Body of the owner. PORTION OF WORK SUBCONTRACTOR'S NAME AND ADDRESS STAI LICENSE NUMBER CLASS OL ft �,K s o u my I1��F;t-ooPs C2Oce i�cik 652,g56 C-/D C 3 'I PAft%ic o IR-ar-1✓i t, LospS By submission of this proposal, the contractor oertAies: That he is able to and will perform the balance of all work which is covered in the above subcontrWor listing. 2. That the City will be furnished Copies of all sub -contracts entered Into and bonds furnished by subcontractor for this protect. P-4 FJ�11�i1999 11:26 714--375--5099 HB CITY YARD PAGE 04. 0 Addendum 1, Revised March 17, 1999 It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of fac nating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities In the completed work, whether they be more or less then those shown herein at the unit prices bid in the proposal schedule. If awarded the contract, the undersigned hereby agrees to sign said oontred and furnish the necessary bonds with ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned understands the contract time limit allotted for the contred Is W working days. The undersigned has examlmW carefully the site of the work contemplated, the route schedules and specifications and the proposal and contract fomt,! therefore. The submission of a bid shall be conclusive evidence that the bidder has tnvestbated 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 requirement of the proposal, routs schedules, spedflcatlons, and the contract. Accompanying this proposal is 111b e-1 6all, tt ($ NOTICE: insert the -words -Cash,' •CettMW Check,' or IkIder's Bond.' as the case may ;be, In amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. an The undersigned deposits the above name aecunry as a proposal guaranty and agrees that W shall be Waited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shalt fall to execute a contract for doing said work and to furnish good and sulyident bonds In the form set forth In the specifications and contract documents of the City. with surety satisfactory to the City within 10 days alter the bidder has received written notice of the award of the contred; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract Uoense No. # 01 3 Rio b,P y,+ Omt,] Lg� .. Sire of B eer Bidder shall signMy receipt of all Addenda here, H any: Addendum No. C" Received -WI fban:l& 1-1 IAll P•2 Bidders signature ( Pr,rsid e Z_ 10 ui%17i1999 11:26 714--375--5099 Addendum 1, Revised March 17, 1 M BID PROPOSAL HE CITY YARD To the Honorable Mayor and City Council, City of Huntington Beach, California: PAGE 03 In compliance with the notice inviting sealed proposals for the Arterial Street Remedial Repair* M.S.C. - 402. REVISED March 17, 1"S I hereby propose and agree to enter Into a contract to perforn the work herein described and to furnish the materials therefore according to the route schedules; specifications and special provisions for the said work and to the satisfactlon of and under the supervision of the Director of Puttlle Works of said Clty of Huntington Beach, California. The undersigned has not accepted any bid frv�h any subcontractor or matedalman throw any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid depository, or which prevent any subcontractor or materlaiman from bidding to any contractor who does not sue the facilitles of or wept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver ad the Improvements complete in place in stdd conformity with the route schedules, 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 NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL t. 15.000 L.F. SAWCUT,AC �,,,o EiC�+rY'I�FN AT AJ ebb s PER L.F. i 2. 0-50 REMOVAL AND REPLACEMENT OF AC "Surface' S. F. (R-inch depth) AT EACH LOCATION -Twe AT -1:�7► IIY > Ly4 Rf PER S.F. 3. 51-100 REMOVAL AND REPLACEMENT OF AC 'Surface' S. F. (6-1nch depth) AT ��p4►CH LOCH7tON AT TWQ�Itir ' //oclp4�5 ePER S.F. SIb C"a 4. 0-50 EA. ADDITIONAL INCH OF AC AT EACH 'Surface' S. F. LOCATION AT ' ti�J(Y 56V I�eER INCH ,Z' / 3 6�. - l � %Lv GEMS '�• 51-100 EA. ADDITIONAL INCH OF AC AT EACH 'Surface• S. F. LOCATION AT w r rgAf PER INCH �' �� 2/ 70Zj"• J 4Ja w Ct-Xle f3- 1 TON PROVIDE/PLACE AGGREGATE BASE AT OuE tvD 1 PER TON %��•— %� t,�fije,S 7. 130,OW L.F. CRACK ROUTING AT `rWj&ai& cp,&-fog PER L.F. ,/ -3 a. 130,000 L.F. SEALING AT `%N60Y FoWk CeNTS PER L.F. 9. 10 EA. LOOP DETECTORS � � AT�lfte A� /wif4ER EA. P-1 EiGH�Y �I &rt>' /ffd U.SfIN�� N�N� riwv0�.� . ,l�w.tRs M,v Ab t:�/7S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 1 Rfs 1 ,) E ss. On 3 ��, before me, I emjiS 50'�67,5x Akr, g/ �Gf,I�L/C.I Dati Name and Title of Officer e.g., "Jane Doe, Notary Public") personally appeared DENNIS JONES Commission # 1200094 = i Notary Public - California Riverside County My Camm. dies Oct 30, 2002 Place Notary Seal Above NameV of Signer(A ® personally known to me ee TO4.:J_. R7Pr'RT to be the person(4 whose name($1 ism subscribed to the within instrument and acknowledged to me that he/, -A&/ Wy executed the same in his>er/tWir authorized capacity(-_ ° , and that by his/j)ee/ter signature(1 on the instrument the personkK. or the entity upon behalf of which the person;; acted, executed the instrument. WITNESS my hand and official seal. �0 Signatunk.pf Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docum{jnt Title or Type of Document: 1?)I p /L-0��$� (�. NU�/7iA167'ON �EA['�! . M•S.C.'• ��� Document Date: 3/ 19 /qq Number of Paged P— Signer(s) Other Than Named Above: AJOA) e- Capacity(*!) Claimed by Signer Signer's Name: R o m ezRfr E. Individual ' / Top of thumb here SI Corporate Officer—Title(s): V/ GF limit? ES/D�iyY ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: kk_ M69;M&I r'! /� &_14—L� © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder -Call Toll -Free 1-800-676.6827 0-c ffiroe.. �.� Q,e{xitrs - M; S.C. boa ►. ern a. I _ _...--, 't CIL - l i HUN CA 19q:�i HAP - I � 11 Merican %F= sphalt P.O. BOX 2229 CORONA, CA 91718-2229 F Tjtvi -� N u.A+!v'6-tz)n �xQ 6� MoC q 8 eae,1t , cA g a too g RETURN REQUESTED I