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HomeMy WebLinkAboutSULLY-MILLER - 1988-05-18 RE U4. FOR CITY COUNCO ACTION wv .Date Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrato,C- tu Prepared by: Y CITY Paul E . Cook, Director of Public WorksP - r , 1 19.. ti, Subject: Central Library Parking Lot ; CC-718 , CITY Q,SSitK. Consistent with Council Policy? [X1 Yes ( ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments: e Statement of Issue : The plans and specifications for landscaping the parking lot at the Central Library are complete . Recommendation : 1 . Approve the plans and specifications anc authorize staff to solicit construction bids . 2 . Approve Negative Declaray.4.cn 87-20 . Analysis : Staff has completed the plans and specifications for landscape improve- ments of the islands in the parking lot, at the Central Library, and the slope between the parking lot and Talbert Avenue; therefore, the Director of Public Works recommends Council approval of the plans/ specifications, and requests authorization to solicit construction bids . On May 15, 1987, the Negative Declaration ( 87-20 ) for these improve- ments was posted for a ten-day review period. No comments either oral or written were received; therefore, it is recommended that Council approve Negative Declaration 87-20 . Funding Source: Estimated cost of construction : $40 , 794 . 00 . Staff has an unencumbered balance of $54 , 652 . 41 in Fiscal Account 481639 ( Improvements/Other) to cover contract costs and construction contin- gencies . Alternative Actions : Deny approval of recommended actions and direct staff on how to proceed with needed landscape improvements of the Central Library Parking Lot. Attachments : Project Location Map. CWT:PEC:DRN: lw Plo 6/95 (5) #-.P P L.c3 REQUEST FOR CITY COUNCIL ACTION Date _ December 1, 1987 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator yj! C,' C1,} co ulf OIL Prepared by: Les G. Evans, Acting Director of Public 1."•lorksY)yIy � Subject: Central Library Parking Lot; CC-718 ::-�• •rizit Consistent with Council Policy? ] Yes [ ] New Policy or Ex ton Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: Statement of Issue: Cities Development is unable to obtain the required contract bonds for the construction of parking lot improvements at the Central Library. Recommendation: Reject all bids and authorize the City Clerk to return the bid bonds. Analysis: On September 21, 1987, the City Council awarded a contract to Cities Development for the construction of parking lot improvements at the Central Library. Cities Development has been unable to obtain the required contract bonds; in addition, the Community Services Department is currently re-evaluating the parking lot problems. The outcome of this re-evaluation may negate the construction of these improvements; therefore, staff recommends that Council reject all bids and authorize the City Clerk to return the bid bonds. Funding Source: Park Acquisition and Development Funds. Alternative Actions: 1. Accept the second lowest bid submitted by Wakeham-Baker, Inc. and authorize the Mayor and the City Clerk to execute an appropriate contract in the amount of $699996.00. 2. Authorize the Director of Finance to withhold $3,793.50 from the cash bid bond submitted by Cities Development. The remaining balance of $2,B27.50 shall be refunded to Cities Development. 3. Approve an encumberance of $1,500.00 for anticipated project "incidentals". Attachments: None. PIO 5/85 WHEN RECORDED MAIL 6 C O F O R M E D � 0 P Y" CC-718 �'ot Compared with Original C117Y OF HUNTINGTON BEACH 189-008859 Office of the City Clark EXEMPT P. 0. Box 190 f Huntinviun Br,ich. Calif. 926AP C6 111 /- a �" NOTICE OF COMPLETION j D '-Al �V NOTICE IS HERESY GIVEN that the contract heretofore awarded by the City Council of I the City of Huntington Beach, California to SULLY MILLER CONTRACTING COMPANY 6145 Santiago Canyon Road, P. 0. Box 432, Orange, CA 92666 who was the company thereon for doing the following work to-wit: construction of landscaping and parking lot improvements at Central Library, Project CC-718, in City of Huntington Beach, CA. RECORogp IN 1,409 AL RECORDS OF ORAN0 00UNTV,A IlrQRNIA PM "" RECORDER That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on __ ,anuary 3, 1989 That upon said contract the SEABOARD SURETY COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 4th day of January 1989 Connie Brockway City Jerk and ex-of icio Clerk of the City Council of the City of Huntington Beach, 7 -California STATE OF CALIFORNIA ) BY _ m* C:�- & eputy County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this 4th day of January 1989 . This document is solely for the official business of the Citp cf Huntington Beach, as contem- Connie Brockway plated under Government Code City Clerk and officio C erk Sec. 6103 and should be recorded of the City Council of the City of Huntington Beach, California free or cbarse. BY n p ty I 1 REQU T FOR CITY COUN& ACTION Date January 3, 1989 Submitted to: Honorable Mayor and City Council vED SY CITY GOUNCII. arp? Submitted by: Paul E. Cook, City Adminstrator-- 19 Prepared by: Louis F. Sandoval, Director of Public A�arks " T CITY CL Subject: LANDSCAPE IMPROVEMENTS FOR CENTRAL LIBRA Y OT; CC-718 Consistent with Council Policy? Pq Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The construction of landscape improvements at the Central Library parking lot are complete. RECOMMENDATIONS: I. Accept the improvements and direct the City Clerk to file the Notice of Completion. 2.' Authorize the Director of Finance to transfer $3,385.84 to the project account #790767 (Central Park, Other) from fiscal account 790936 (Lambert Park Improvements). ANALYSIS: On June 6, 1988, the City Council awarded a contract to Sully Miller for the construction of landscape improvements at the Central Library parking lot. The construction of these improvements is now complete, per the approved plans and specifications, and therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of contract costs: Council Approved Actual Expenditures Contract Amount $69,295.55 $69,877.74* Construction Contingencies 2,803.65** Total TUT,T7M $72,681.39 *Actual field quantities for asphalt paving and recycled base were greater than estimated. **Construction Change Orders included removing 56 concrete bumper blocks in parking lot and importing fill dirt to fill-in existing slope prior to constructing a bike lane. FUNDING SOURCE: Park Acquisition and Development revenues were used to fund this project; however, the Council approved amount of $69,295.55 is insufficient to cover the final construction costs of $72,681.39. Therefore, it is recommended that the Director of Finance be authorized to transfer $3,385.84 from fiscal account 790936 (Lambert Park Improvements) into the project account. PI O 5/86 Request for Council Action Landscape Improvements for Central Library; CC-718 January 3, 1989 Page 2 ALTERNATIVE ACTION: Accept improvements and authorize the filing of a Notice of Completion but deny fund transfer from the Lambert Park Account; thereby necessit2tin4 the withdrawal from an another account per Council direction. ATTACHMENTS• None LFS:DRN:lw 1911g CITY OF HUNTING N BEACH 2000 MAIN STREET CALIFORNIA 02648 " OFFICE OF THE CITY CLERK July 1 , 1988 Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 We are returning your Bid Bond which was submitted with your proposal for the Landscape Improvement for Central Library Parking Lot, Project CC-718, in said City of Huntington Beach. The contract for this job was awarded to Sully Miller of Orange. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enclosure {Telephone:714-53&62Z71 CITY OF HUNTING N BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 1 , 1988 Wakeham-Baker Inc. 11225 Slater Ave. Fountain Valley, CA. 92708 We are returning your Bid Bond which was submitted with your proposal for the Landscape Improvement for Central Library Parking Lot, project CC-718, in said City of Huntington Beach. The contract for this job was awarded to Sully Miller of Orange. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone:714636-6227) CITY OF HUNTINGTON BEACH 20M MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 1 , 1988 Sully Miller 6145 Santiago Canyon Road P. 0. Box 432 Orange, CA 92666 RE: Construction of landscaping & parking lot improvements at Central Library Project CC- 718 Enclosed is your bid bond, a copy of the executed contract with the City of Huntington Beach, a Certificate of Compliance Form and the Declaration of Satisfaction of Claims. The Certificate of Compliance form and the Declaration of Satisfaction of Claims MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETE 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 questio--s 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, Contract Administrator, 536-5441. Alicia M. Wentworth City flerk A1U:js cc: Don Noble, Public Works Dept. Enclosures: Bid Bond Cash Contract Certi f'ical.e of rompl i'anre Declaration of Satisfaction of' Claims (Telephone-71+538.82VI CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 7, 1988 Bruce Paving Co. Inc. 313 W. Gardena Blvd. Gardena, CA 90248 We are returning your Bid Bond which was submitted with your proposal for the Landscape Improvement for Central Library Parking Lot, Project CC-718, in said City of Huntington Beach. The contract for this job was awarded to Sully Miller of Orange. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW.bt Enclosure {Tel a phone:714-536.5227) j, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 7, 1988 Copp Contracting, Inc. 12507 S. Carmenita Rd. Whittier, CA 90605 We are returning your Bid Bond which was submitted with your proposal for the Landscape Improvement for Central Library Parking Lot, project CC-718, in said City of Huntington Beach. The contract •for this job was awarded to Sully Miller of Orange. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enclosure I Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 7, 1988 JA Mar Engineering, Inc. P.O. Box 90667 - Long Beach, CA 90809 We are returning your Bid Bond which was submitted with your proposal for the Landscape Improvement for Central Library Parking Lot, Project CC-718, in said City of Huntington Beach. The contract for this job was awarded to Sully Miller of Orange. We would like to take this opportunity to thank you for your interest in submitting a proposal . Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone:714-53"2271 441- ► REQ UEO FOR CITY COUNCIPACTION Date May 18, 1988 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrators Prepared by: Les Evans, Acting Director of Public Works Z4 CDUNGiL Max Bowman, Director of Community Services pY�'R04$D BY Subject: [0 194 Landscape improvements for Central Library Parking Lot CC-71 CITY. Consistent with Council Policy? [X1 Yes [ ] New Policy or lExceptio Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: klow STATEMENT OF ISSUE: Pursuant to Council authorization of April 4, 1988, bids were received on April 26, 198B for the construction of landscape improvements at the Central Library parking lot. RECOMMENDATIONS: 1. Accept the low bid submitted by Sully Miller and authorize the Mayor and City Clerk to execute the appropriate contract in an amount not to exceed $69,295.55. 2. Authorize the Director of Finance to encumber $1,500.00 for anticipated project "incidentals". ANALYSIS: On September 21, 1987, the City Council awarded a contract to Cities Development for the construction of landscape Improvements at the Central Library parking lot; however, the contractor was unable to obtain the required contract bonds. Therefore, on December 7, 1987, Council rejected all bids and authorized the City Clerk to return the bid bonds. Subsequent to this action, staff prepared the plans and specifications for rebid. On April 4, 19B8, Council authorized staff to rebid the project. Bids, as summarized below, were received and opened on April 26, 1988: Base Bid & Contractor Base Bid Alternates 1-9 Alts 1-9 Sully Miller $51,542.80 $17,752.75 $69,295.55 Excel Paving 54,965.00 16,BB5.00 71,850.00 Wakeham-Baker 55,555.00 23,232.00 78,7B7.00 Ja Mar Engineering 58,421.00 24,888.00 83,309.00 Copp Contracting 689620.00 22,179.00 909799.00 Bruce Paving 81,671.00 349913.00 116,5B4.00 PIO 5185 • Request for Council Action Landscape Improvement for Central Library Parking Lot May 18, 19BB Page 2 Based on a review of the bids, including additive alternates one through nine, staff recommends acceptance of the Sully Miller bid for an amount not to exceed $69,295.55. Funding Source: Contract Amount: $69,295.55 Project "incidentals (soild testing & lab fees) 1,500.00 $70,795.55 Funds of $41,550 are budgeted in fiscal account 770221 (Capital Improvements) thereby leaving a shortfall of $36,174 needed to cover remaining costs of contract amount, potential change orders (costs not to exceed 10% or $6,925) and estimated project "incidentals" of $1,500. Sufficient revenues are available in the 19B7-19BB appropriated park acquisition and development fund balance to cover this shortfall and therefore, the Director of Community Services will transfer $36,174 from the F.Y. 87-88 park acquisition and development fund to this project account. ALTERNATIVE ACTIONS: 1. Award a contract to Sully Miller for the Base Bid only and forego construction of alternates (i.e. sidewalks and landscaping directly adjacent to Talbert Avenue for those patrons parking south of Talbert). 2. Reject all bids and forego improvements. 1616g �qi I— D P LL) REQ UE* FOR CITY COUNC ACTION Date March 23, 19B8 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Prepared by: Les G. Evans, Acting Director of Public Works Subject: Central Library Parking Lot; CC-718 Consistent with Council Policy? QC] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE: Plans and specifications for the re-bid of parking lot improvements at the Central Library are complete. RECOMMENDATION: Approve the plans and specifications and authorize the Acting Director of Public Works to solicit bids for construction. ANALYSIS: On September 21, 1987, the City Council awarded a contract to Cities Development for the construction of parking lot improvements at the Central Library. Cities Development was unable to obtain the required contract bonds. Therefore, on December 7, 1987, Council rejected all bids and authorized the City Clerk to return the bid bonds. Plans and specifications are ready for re-bid and therefore, the Acting Director of Public Works recommends approval of the bid documents and requests authorization to solicit construction bids. FUNDING SOURCE: Revenues originally set aside in fiscal accounts 770221 (Capital Improvements) and 790612 (Central Library - Parking Lot) will be used to fund these project improvements. ALTERNATIVE ACTIONS: Deny approval of contract documents and reject an authorization to solicit bids. ATTACHMENTS: None LE:DRN:lw 1577g P10 5/85 BID PROPOSAL FROM sully-Wift Contracting Company ' fi�nt�N�rM To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting coaled proposals for the ' LANDSCAPE IMPROVEMENTS II FOR CENTRAL LIBRARY PARKING LOT IN HUNTINGTON BEACH, CA. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans,specifications and special provisions toy the said work and to the satislaction of and under the supervision of the Director of Public Works of said City of Huntington Beach,California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository,the by-laws, rules or regulations of which prohibit at prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not 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 strict conformity with the plans, specifications and special provisions, on file in the office of the Director of public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices, to wit: TEM APPROXIMATE IT(M W1IIi UN17 PRICE U'. T NO QUANTITY VIM ri EN !N WonDs PRICE 1 Lump Sum Mobilization @ Q0 i1 n R. 40/ r_n s L T F, E !t Lump Sum i 2 Lump Sum Clearing and Grubbing @ AIE o0 00 Lum Sum Sao' I 1, �5O lI r . Cif I-, Fr D eo o 1. P 3 121 C.Y. Earthwork a 36. o f4 i RTY Q L AIT 44 D B rl ac) C.Y. �✓ f 1 4 8 Tons V 3" Asphalt i t Paving @ ENE 1lu�ll��Er� �c�7)• J'4 SIX A 1) _ r f au Ton 5 b Ea. f Concrete Planters @ �I �/E ,c{y�(pR�r� C I � `� s 3, 570. E " _ICE _A^1 .., _Iq U E a. P-1 ITEM APPROXIMATE • ITEM WITH UNIT PRICE • uh+T fl NO. QUANTITY WRITTEN IN WORDS 1 PRICE V tOTAL 6 8100 S.F. Salt Finish Concrete Pavan L 1 V S.F. 1 J °a 7 80 L.F. Concrete Curb DncLIeS 65 10, �� 85 2. L.F. 8 21 Tons 6" Recycled Base @ Fdqrz j% 11 ,/6 00 oDI/OCR �dC-L �r�S Ton 9 Lump Sum r Irrigation Modifications �-t�/G °" S3rS ov TNrizFE fLy P&S6 47 I Mtn[ /i���Lump Sum 10 Lump Sum Planting Va it r f��Sr /1� ' pcl'� 4j y ! J Uo /f Y qO.oo 7 Yy0 7" rou ,-T�/ A -VD 6611 6 Lump Sum i 11. 40,000 S.F. Slurry seal parking lot area cE_ O° /(,lp S.F. O. Sub-Total 5/ ALTERNATE BID IMMS I . 1 I 107 C.Y. Earthwork @ --rA/f2F-�e i f�� ✓ �0 — R�� l/on + � s✓�1�c� C.Y. 2 I 752 S.F. 6" Subgrade Compaction @ (54[' f 5 f` (,o SS- S.F. 3 14 Tons 2" A.C. Paving L o/•E E LdD En Q o 1 1 ,T TGh A/\/O 00//06 �o c�L r �2s _ Ton - -- - 4 203 L. F. 6" A.C. Berm @ S/)C / j) L.F. P-2 ITEM APPROXIMATE • ITEM WITH UNIT PRICE . � UNIT TOTAL NO. ONANTITY WRITTEN IN WORDS PRICE 5 100 L.F. Metal Handrail @ 9,,,/14 SIX A�1(,�, 6o bo � 26 _ r Z, 664. aa �00 pdC_�-AS L.F. r 6 56 L.F. 12" Cap W/F.E .S. @ TFI(R iY `r p,�A A-,,If—) 00 00 3 2. rb hoo 1 D)aL" L.F. 7 1 Ea. tree Removal @ ,4.�P 141AIEW-1) O/VE cZ 3 00 oo r b0r'2S Ea. rr i 8 . Lump Sum Irrigation � Ifzl=� TOUS 'J1� Z7' G 1 oa Er&H 1 Y Ft VF oo 00 _ L.S. r� 9 Lump Sum Planting -• aRtFE -F4,6JS A^4D p,-,/4f i / ao 3 f 8�00 13 I BS �tf'ol�l 1' L.S. TOTAL AMOUNT OF PROJECT BID 69, \k'-rX 414F_ `rt4oJ5 aA W DIZ610 FtivE 4,.Il� sS�aa �yc�Ar2s (shall correspond to amount stated in contract) Sully-Miller Contracting Company Bidder ` Assistant Secretary Auth ,zed Signature/7itle P-3 r , It is understood and agreed that thleproximate quantities shown in the foregoi1proposai sthedule ate 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 worm,whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. The undersigned understands the contract time limit allotted for the contract is 180 calendar days. If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract,and to begin work within ten (10) days from the date of approval of the con- tract by tM City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor.The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered,as to the character,quality,and scope of work to be performed, the quantities of nsaterials to be furnished, and as to the requirements of the proposal, plans,specifications,and the contract. Accompanying this proposal is Bidder' s Bond" NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond," as the case may be,in an amount equal to at least 10 percent of the total bid price,payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned shall fail to executes contractfrr doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City,with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract;otherwise said security shall be returned to the undersigned. Licensed in accordance with on act providing for the registration of contract License No. #1538 "A" J.Q. Blair, Assistant Secretary Sionaturn of Bidder Business Address 6145 SantiaaQ Canyon Road Place of Residence Orangp, California 42669 Dated this 26th day of April _ , 19-.aa ... Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature P-4 • �BOf 4S E D INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the follow1%War imMon. Addh k ani*wm wry be attnoW N ssaaassary. 1, �4em sully-Miller Contracting Company 2. Addrtas: 6145 Santiago_Canyon Road, Orange,CA 92669 714/639-1400 ;. Type of firm —kw&idwl,pwamit ip,M sorporation: CORPORATION 5. Corporsdon or salted under tiro laws of the Soft of CALIFORNIA L ma's Lko w Number: #1538 "All Clesdfkation of Contractor's Uoww 7. Ust the names and addresses of all members of the firm or mamas and doss of all officers of the corporation: (PLEASE SEE ATTACHED) B. N.umber of years a gwknea as a oontrector in owwtruation work: 65 years B. Lht at lent era pn*wb aomplated as of recant dots: (Contract amt.) (Gloss of work) (Dots Completed) (Nance and atidrsa of OwnwI (Include phone # and name of person to Contact for reference) . (P_I-FQ- F SFF -AITACHED_� 10. List the nags of the person who iagwted the sits of the proposed work for your firm: ator Duty of InapoWon A i 5— 19c�S 11. If requeRed by the City, the bidder shall furnish a notarized financial statement.financiel dots,or otow information and Warwrow cuff c4ontly oomarokerWYe to permit an appraini of his ourrestt finsrwisl sondkiw- P- 5 SOLI Y- MILLEr4 I �`� ]G•,D 1 FST 51,UT14 AREIT /V.D. b•)K :.dv4/ I ONG 6LACr1!(r.t•IFOilNIA 9DbU� 1 (ii�l �lj•]1a�U (714) L;', 1ADD r/—1 Uu of w — wor•..w,K....wc C11h11 raAr7 i,IG Cl,. AUTHORIZATION TO EXECUTE BIDS, PROPOSALS, CONTRACTS AND PERFORMANCE BOi;DS In accordance with the authority vested in rye by virtue of that Board Resolution of Sully-Miller Contracting Company which is dated July 13, 1984, and of that interoffice Memorandum of the Executive Vice President of Koppers Company, Inc. , Burnett G. Bartley, Jr. , which is dated October 10, 19b4 , 1 , R. K. MacGregor, President and General Manager of Sully-Miller Contracting Company. hereby designate each cif the following employees of Sully-Miller Contracting Company who, by virtue of this designation and of the aforesaid Board Resolution and Interoffice Memorandum are hereby authorized to execute in the name and on b 0,alf of this Company under its corporate seal any and all proposals fur the sale of products, trierchandis4 and services of this Cojiipany and any bids and performance bonds required in connection therewith, involving any amount not in excess of five million dollars in ar,y one instance to the United States any of the States, territories and dependencies of the United States, the District of Columbia, cities, tor:ns, .townships, counties, school districts, and to the departments, political subdivisions, agencies or wholly owned corporations thereof, or to any other person. President and General Manager R. K. MacGregor Vice President d Manager - Los Angeles Constr. Division J. A. Berton Vice President A Manager - Northern Constr. Division 0. E. Bosworth Vice President E Manager - [►range County Constr. Division Robcrt E. Holland Vice President d Manager - Equipment Division R. W. Keith Vice President 8 General Manager - Blue Diamond Materials W. U. McCullough Vice President Firpiice/Conroller J. U. Pittman Assistant Secretary J. D. Blair Assistant Secretary A. E. Branch, Jr. Assistant Secretary John Clemente Assistant Secretary Dale 0. Durham Assistant Secretary Bale A. Lowe Assistant Secretary George Lubanko Assistant Secretary R. k. Munro Assistant Secretary J. 1 . O'Neal Assistant Secretary J. C. Wilson Assistant Secretary J. F. Winders Executed at Long Beach, California this 14Lh day vf Septem: er, 1987. ey SIN- Iac i, t si er,t . . - � . t. a,[N....�I I "GiNr LNii,6 C0441.4AC 1.:N birw__[ tie] •bi•Mjti i 6 IvOCK VAC.Du. I6 f,�rl tr�CTUFt ++ t ..i pull i 1_•; SULLY-MILLER CONTRACTING COMPANY PROJECT EXPERIENCE ORANGE OFFICE YEAR TYPE OF WORK PERFORMED VALUE OF WORK PERFORMED LOCATION OF WORK OWNER 1985 Shoulder Widening/Overlay 1,058,909 Carbon Canyon Road Cal Trans Street Widening 621,205 Chapman Avenue @ Glassel City of Orange Street Widening 664,162 Chapman Avenue E/O Main City of Orange Street Reconstruction 265,941 Various Locations City of Costa Mesa • New Roadway 1,313,356 Alton Parkway E/O I-5 City of Irvine Site Development 1,375,000 Orangethorpe & Valleyview J.C. Penney Site Development 400,000 Harbor & Chapman Hunt Corp. Tract Work 210,000 El Toro & Old El Toro Graves Construction New Infrastructure 2,500,000 Bryan & Browning - City of Tustin Street & Storm Drain Reconst. 1,200,000 Orangethorpe Avenue City of Anaheim Tract Work 2,000,000 Various Locations Mission Viejo Company 1986 Street, Drainage & Utilities 5,100,000 Irvine Center Dr. & Alton City of Irvine Street Reconstruction 437,820 Chapman & Crawford Canyon City of Orange Street Reconstruction 530,560 Artesia Blvd. @ 1-5 City of Buena Park Street, Drainage & Utilities 7,000,000 Irvine Spectrum - Phase III Irvine Company Street Widening 650,000 Seal Beach Blvd. @ 405 Fwy C-L Peck Street Reconstruction 400,000 Sea Shore Drive City of Newport Beach Street Reconstruction 562,000 West Street N/O Katella City of Anaheim New Roadway 567,903 Fairmount Blvd. City of Yorba Linda Street Widening 264,211 Gothard & Talbert, Hunt. Beach Chevron, USA 1987 Street, Drainage & Utilities 4,112,079 Sand Canyon & Alton City of Irvine Street Reconstruction 502,214 State College Blvd. City of Anaheim Street & Storm Drain 977,372 Magnolia Avenue City of Anaheim Street & Storm Drain 681,631 Barranca Avenue City of Irvine Street Reconstruction 365,043 Orangethorpe Avenue City of Buena Park Street Reconstruction & Surfacing 848,148 Various Locations City of Costa Mesa New Roadway 591,940 Sheep Hills Road County of Orange (EMA) New Roadway 1,243,919 Kettering & McCormick(Ontario) Santa Fe Land Company New Roadway 1,344,677 Alton & Jeffery City of Irvine Street Reconstruction 268,782 Main Street City of Tustin Street, Drainage & Utilities 2,396,644 Smith & Railroad (Corona) Bedford Properties Note: The above is a partial listing of projects completed in the last three years. The Sully-Miller Orange Construction Division completes approximately 125 projects per year. DESIGNATION Of SUBCONTRACTORS la compliance With the "bbletting and Subcorrtreeting Far firectim Act" beirlq Soctim 41004113 of the Cons mmem Code of the late of California.and any amendments thonta.■sh bidder duil Cat forth below the Memo and ie nWo of So pwoa of busimn of each subconvactor who will perform work w labor or render twin to the prima con- tosMW in or about do aaaaawtlon of dw work or Improaasteent is as aaa@W in oxem of on4W to of tray p1milmr+t(1%) of tha p*m aefteMle lot bY.and 09 fwMer art fenh the prtisa of the work v*kh WN he dW by rob mboan- ftm. Oak W slbaat+ttfaeto for no "A""be Wed. M the aotq POW b b to W@Wy a aubeoatmctor for any portion of the work to be porformd rader the a t met,he *tall be daornad to bane Wod to porferm wok portion binlaelf.sad be atoll not be permitted to wbomtW that portion of on work anatapt radar tba madition bwalaat Cat forth. &*b Wq of aubcomnctiq of any portion of the work to which as subcontractor was deap+rbd is the original bid abdl only be guru** in am of public errtorperrey or necouiry, Cad than only attar a findiap radroad to writing as a pebhe rowd of So Lagi kft Body of the awuar. PORTION STATE LICIEWE OF WORK SUSCONTRACTORI NAM£AND ADDRESS rRAMER CLASS Ga4jGEly{ _t~ A t- 12- S E �• 727 8 iPP4 4-Tic l~ FE c.r- 3 39� By submiwion of this proposel, the contactor naar6fies: I. That be is able to and will perform the balance of all work which is covered in the above aubcootraetor listing. 2. ThIt thi City will be furnished copier of all nib-contraets aatared into and bonds furnished by slnbioetractor for thb project. p-6 April 26 1988 DATE: AP • ENGINEER'S ESTIMATE: --Os .45,om JOB AND CC NUMBER: CERrRAL LIBRARY PARKING Jor IMPROvEmMM II; CC-718 BIDDERS NAME TOTAL BID AMOUNT 1. Glenn F. Barton 2. Belaire West Landscape 3. Bruce Paving �I 4. Carlson's Landscape a° 5. Capp Contracting, Incorporated 2q O 4 6. E:xcalabur Construction 7. Excel Paving ^- 8. Nobest, Incorporated 9. S and M Landscape 10. Sully-Miller /` ��✓ • `�'"S lI. 'Wakeham-Baker, Incorporated / -�� RECENEC i CITY CLERK MY o.- APR 24" Z cz „ . .. Authorized to Publish Advertisements of all kinaNding public notices by DeCree of the Superior Court of Orange County, California. Number A-6214, dated 29 September. 1961, and A-24831, dated 11 ,tune. 1963. STATE OF CALIFORNIA ' PUBLIC NOTICE i- County of Orange PuDW Mai" •t7.+nrwep towage NOTICE OF 07 inn arnd+"I n 20 Int point INVITtNQ BIDS me ro pica cowmn width Notice is hereby g9van that - seared bids we be received w by. the City of.Huntington Beach at the office of the! City Clerk at the City Hall, I am a Citizen of the United States and a resident of 2000 Main Street, Hunt- ington Beach, California. the County aforesaid; I am over:the age of eighteen until the hour of 2:00 p.m.an April 26,1988.at which time years, and not a party to or interested in the below they will be opened and pub- ! fitly read aloud in the Coun- entitled matter. I am a principal clerk of the Orange ;cil Chambers for the Control Park Library Parking Lot im- Coast DAILY PILOT, with which is combined the provements it in the City of Huntington Beach- NEWS-PRESS, a newspaper of general circulation. A set of plans, specifl- cations, and other contract. printed and published in the City of Costa Mesa, , documents maybe obtained. on April 5, 1988 at the De-I County of Orange, State of California. and that a I parlmenf of Public Works,' » 2000 Main Street, Hunt- Notice of Ynvitj_�g Bid ington Beach, California,; upon receipt of non-refun-• i dable fee of 515.00. I Each bid shop be made on the Proposal Form and in the manner provided In the, of which copyattached hereto is a true and complete contract documents, and P ,anal! be accompanied by a' copy. was printed and published in the Costa Mesa, or bid or cashier's check PY q P ;or s bid bond for not lase Newport Beach, Huntington Beach, Fountain Valley, than d.m d the amount eI P 9 y the bid,made payable to the Irvine, the South Coast communities and Laguna :They of contractor sheton Beach.! g The caniraclor shell;In.the Beach issues of said newspaper for two performance of the workl land improvements.conform! ito the Labor Code of that consecutive weeks to wit the issue(s) of State of California and other! t 'laws of the State of Cali-I fornla applicable thereto,; with the exception only of; 'such variations that may be required under the special April 7 98 g statutes pursuant to whlchl proceedings hereunder are . taken and which have not t April 7 4 8 been superseded by the 19f3 1 provlsionB of the tabor Code. Preference to labor! shell be given only in the! manner provided bylaw. 198 -,No bid shell be considered unless It is made on a farm furnished by the City of Huntington Beach and Is made In accordance with the 19B r 1pfovisiona of the proposal Irequiremente. Each .bidder must be licensed- and also pre-i 198 qualified by low. The City Council of thel City of Huntington Beach re- serves the right to reject any �v or all bids. I declare, under penalty of perjury, that the By order of the City Coun- cil oc the City of Huntington foregoing is true and correct. beach, California the 4th of April, less- Alicia Wentworth, City Clerk of the City of Hunt- Executed on April 14 S 1In ton BhadhCrange Coast 1�� 10alfy Pilot April 7,14, 1998 at Costa Mesa, California. Th-594 t Signature PROOF OF PUBLICATION • 7 T E NO IC INVITING ViTING BIDS Jy- CC - ? i � Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City- Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on f,!�,Pp_;L_ Zra 198 at which time they will be opened publicly and read aloud in the Council Chambers for the _CE,_mF_Ai_ U riRrz-! i �c�r.1G� \-o;. zvr P2:�f EP1 � SC in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on APQtL 5; 1988 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of 15•co Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's-check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 71-1 Of A qeQ'L�, 198 �51 Alicia Wentworth City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 032BG RE UEPFOR CITY COUNCIftCTION Date ,Tune 2 . 1987 Submitted to: Honorable Mayor and City Council 1 �� Submitted by: Charles W. Thompson, City AdministratorO'w Y CITY cn� At- Prepared by: Paul E. Cook, Director of Public Wore ? 15 19E...... Subject: Central Library Parking Lot; CC-718 CITY I;lt2C.� Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: b Statement of Issue : The plans and specifications for landscaping the parking lot at the Central Library are complete . Recommendation: 1 . Approve the plans and specifications anc authorize staff to solicit construction bids . - 2 . Approve Negative Declaration 87--20 . Analysis : Staff has completed the plans and specifications for landscape improve- ments of the islands in the parking lot, at the Cenral Library, and the slope between the parking lot and Talbert Avenue; therefore, the Director of Public Works recommends Council approval of the plans/ specifications, and requests authorization to solicit construction' bids . On May 15, 1987', the Negative Declaration ( 87-20 ) for these improve- ments was posted for a ten-day review period. No comments either oral• or written were received; therefore, it is recommended that Council approve Negative Declaration 87-20 . Funding Source : Estimated cast of construction: $40, 794 . 00 . Staff has an unencumbered balance of $54, 652 . 41 in Fiscal Account 481639 ( Improvements/Other) to cover contract costs and construction contin- gencies . Alternative Actions : Deny approval of recommended actions and direct staff on how to proceed with needed landscape improvements of the Central Library Parking Lot. Attachments : Project Location Map. , CWT:PEC:DRN: lw Plo 5/95 - WE �� , „� ! Illll ll1111 i�l� �win ilii [Ill IIIElllllllll�t IIh im �=EENE-EME s ■���11111 IllyHIM „� IIIIIIIi IlI��1�1 ■ ■r■IIEII ■ i ;� � A a SHEET—OF,-SHEETS s CITY OF HUNTINGTON BEACH.CALIF. BID SUjM MARY S EET FOR: DC PA R T M E N T OF PWORKS 114NL�C��cr �'��'��-vt' c .• i� /. B 1 U L C-WOfI K S + RIDS OPENED �L 19 �� ENGINEER'S ESTIMATE AHFP NO M1%11 lo%nac" BIDDERS c 11, pjj w ITEMS OF WORK OUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 4 E O C" 00 1-4 ! w , ��� z ��.s° � , s° 2�.`� 2 3, `-01 32- 1 1z1 � &30� 3" /fAz7- ✓A16 ?c �O � � �. s� Z,� oo. moo, - ►t.L'2 c; xrrz`r�S S cp .� 3 6O �0, 3 CC- 70 �G� c'`t' f+✓r L: GD 5. � Z r 1� �` (c. �. � �,� �(J, Z. �� Z2� Z?� L G Irt C L.F ID, �� SZZ Z,`G Lc�j 11s�C 2 Gus �Z. J ? 3[� y1 G� �S 1. rr► v r,*1 ac-140 In 44 C, GLr, c� ro. m S Sno 42 vee S L Dao 5,�. ► f� LLD. co . = 4. gco. =� ► �� 6217,0, 244D HA - I t L .� 5 z, fir. .�s�, � c . A , ti l7 �c '' .C. Zc 1.r �. � '� IM w Z, 7 3`'. �1g1 r 2&. ° 2 ;. 1, ITOTALS SHEET—OF—SHEETS CITY OF HUNTINGTON BEACH.CALIF. BID SUMMARY SHEET FOR: _ DEPARTMENT OF PUBLIC WORKS BIDS OPENED 19 ENGINEER'S ESTIMATE C.QNO AHFP Na ML�IIvC.lO•.Lk•CN BIDDERS / -JA Mo ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PAICS AMOUNT PRICE AMOUNT ! .�2. Sz. Z ��, 27• 1, Z• 8, ` c to >,l c✓A ` 1 EA G. 190. 64,v, � .�C.n ,gyp. 3 /-f� co. `� 3 4Gl�, ,�jo, .' t j 4C 7 -7 Az 3 23-Z r L I— Z�- 1 li. G Zg 7 1 • • r TOT.^LS SHEET—OF—SHEETS CITY OF HUNTINGTON BEACH,CALIF. BID SU NARY S EET FOR: Uvrit:,� DEPARTMENT OF PUBLIC WORKS _ ~� nios OPENED .p-/L- z 19 ENGINEERS ESTIMATE ccNo -71 .._ _ AHFP NQ M4V11rG10' �F C 14 BIDDERS 1 II NOITEMS OF WORK QUANTITY OMIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE FAMOU"ir A31C L T �U L, s, �Fo 948 ,4,L 2 cm-�" 4 . 7Dl• 21Jp °p DD,e° Dp. i f!� e-;t` �r IJ L GO L� 3•�� 3 UD •�o Z, 2Z , v E &n ao ro } 4o oa Asue ,vs f-r . _ E ac'�tv .l s GDD. ALa. D L R nT IV& .( S 00 . 0. S L I �� • I�� 6 �� s 431 �; 1- g moo. c<: . j 107 C, Y 3,0t 3 -74 QA Dir 66moge77v d 7,,5z r 2 I 20 f zn • C. A L h u Zo A r '/ r' 'L r L./ .f s y� Y S ti TOT/1LS SHEET,OF SHEETS CITY OF HUNTINGTON BEACH,CALIF. BID SUMMARY SHEET FOR: DEPARTMENT OF PUBLIC WORKS BIDS OPENED 79 ENGINEEFIS ESTIMATE MNOL A HF P NO BIDDERS / No ITEMS OF WORK QUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT S � ipEr'►^'l C J A EA 4w, ` TOTAL S IS 06-237seMM►DDUE DATE 1YY1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Johnson & Higgins of PA, Inc. 2600 One PPG Place COMPANIES AFFORDING COVERAGE Pittsburgh, PA -15222 Attn: R. Scott Hanes COMPANY �6R Y �] National Union Fire Ins. Co. of Pittsburgh, PA (412) 391-5350 COMPANY INSURED LETTER Koppers Company, Inc. & -its Subsidiary COMPANY c SULLY-MILLER CONTRACTING COMPANY LETTER 3000 East South Street COMPANY Long Beach, CA 90805 LETTER (213) 531-3550 COMPANY II: LETTER 0 THIS IS TO CERTIFY THAT POLICIES OFINSURANCE LISTED BELOW HAVE BEEN ISSUEOTOTHE 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 CONDI• TIONS OF SUCH POLICIES. CO POLICY EFFECTIVE POCKY�RA� LIABILITY LIMITS iN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE ONMIDGI ) DATE(WOWM- EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY A x COMPREHENSIVE FORM RMGLA956-63-62 01/01/88 01/01/89 INJURY $ $ x PREMISESiOPERATIONS ry UNDERGROUND DAMAGE x EXPLOSION 8 COLLAPSE HAZARD $ $ x PRODUCTSICOMPLETED OPERATIONS x CONTRACTUAL BI a PD $2,ODO, $ 2,000, COMBINED x INDEPENDENT CONTRACTORS x BROAD FORM PROPERTY DAMAGE x PERSONAL INJURY PERSONAL INJURY $ 2,000, AUTOMOBILE LIABILITY OMLY wM A x ANY AUTO RMBA154-97-11 01/01/88 01/01/89 PER KPMM $ x ALL OWNED AUTOS(PRIV.PASS.)1 awLy km x ALL OWNED AUTOS l T VR THANASS.) AV "0 $ x HIRED AUTOS APPROVED AS TO T OR 'i- PROPERTY x NON-OWNED AUTOS GAIL 'NUTTOIT DAMAGE $ GARAGE LIABILITY 'T {',I BI 8 PD COMBINED 1$2,GOD, EXCESS LIABILITY Att 11B UMBRELLA FORM City Deputy coMa ED $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION SELF INSURED BY STATE OF CALIFORNIA $ (EACH ACCtOENT) AND CERT. NO. 1130-CONTINUOUS OVERAGE $ (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESiSPECIAL ITEMS Applicable as respects .the Contract Landscape and Parking Lot Improvements at Central Library; CC-718. This po//lirricc��y contains a Waiver of Subrogation Clause. SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT. l`.'LYAIUWU`�iJUl3 G 0 LZ:SA1.�7Jy'.]IJUuUJ City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- 2000 Main Street PIRATION DATE THEREOF, THE ISSUING COMPANY WILL 1riN YA&xRQ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. Box 190 LEFT.�1�54h'F� 'lS� t(d4it 'E34i �F Huntington Beach, CA 92648 ' � ' AUTHORIZED REPRESENTATIVE ENDORSEMENT This endorsement,effective 12:01 A.M. Standard Time forms a part of policy No. RMGLA956-63-62 issued to Koppers Company, Inc. and its subsidiary Sully- Hiller Contracting Company by National Union Viie Insurance Company Additional Insured The City of Huntington peach, CA, its officers, agents and employees and all public agencies as determined by the City are hereby named Additional -Insureds -as respects the`contract for Landscape and Parking Lot Improvements at Central Library; CC-7i$. v ApPROvZD A$ TO FOBS%I GAIL J[UTTON IF -CIt. AttOro AUTHORIZED REPRESENTATIVE THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR AMNXIMS ICn rPr GAIL HUTTON CITY '," T RP City , LRTIFICATE OF CONSENT TO SELF=INSURE f THIS IS TO CERTIFY, That-----W.M--4U7.TZR--CONMACT--IN-G--OOMP-A-NYAA-9-0-1-ff-kr-D-I-a-.!ZQXWX�kt]LOBI has complied wit h the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this T Certificate of Consent to Self-Insure. This i date may be revoked at any time for good cause shown." EFFECTIVE.- DEPART T OF INDLISTRIAWLATIONS F HE STATE OF ALI RNIA THE 1 r;Ay OF JWZ 78 • DONAIM VDX RICHARDS. ANDERSDN • Rev I I rtjficate.----A certificate of•consent to self-insure may be revoked by the Director of Industrial Relations at any time for good cause after a hearing. CA3ood cause includes, among other Ihings, the impaiupdrit of the solvency of such employer, the inability of the employer to fulfill his obligations,or the practice by such employer or his anent in charge of the-administration of obligations under this division of any of the following: (a)Habitually and as a matter of practice and custom mucinx claimants for commrksation to accept less than the compensation due or making it necessary for them to resort to proceedings against the employer to secure the compensation due; (h) Discharging his compensation obligations in a dishonest manner: W compensation Discharging his compeation obligations ga,io lins in such a manner as to cause injury to the public or those dealing with him." (Section 3702 of [Abor Code.) The Qntfficate may be revoked for noncompliance with Title 8 California Administrative Code, Croup 2—Administration of Self-Insurance. *Supersedes Certificate No. 0048-Ep issued to SULLY-MILLER CONTRACTING OWANY on August 22t 1973 and Certificate No.113�0_, on October 1, 19§26 1 FoRm A-4-10 .4!W Is (Do wmp 14MCOMY 1-i &A60 STIF -A CI 115 : � . — , — - C - E 0 M I N 5150" 1 MOM I ME %- FF]i Vill _b7%gq-zll Tar-ORNE �-n--W W q ��_ ME: YgTHIEgrg-me I OMPAN fa gz]14 L nag AW !�N.T A - gcoll -96,%go -41 y! �i ll�Kiln.' iiiiiAlAt 1 51 1 till -ap 61 t_p %U _or pwq�_ agg Mc_w Wd WW_t fik iu--n-d-"I M-) kwn 01— trailli"M-M - jill desul il J_91511 211-0lth` rr_ - YilMME, M M WWIM= �§:W6USAX2M90 500 uop RS M_—MUM -0 -UM dflngirm :�aql wpos ;i-Whenid I ill, x8r, le(V: l' ]BSA nrdr �Sra?: a gg, Dart --men it r-sall oc' w A�-W�0=Jam`d i A& -th fJ7T8 I n6d, rag it!9 1 of nq M. wri Al t LiffilcW7 ,qq�!�: WMA, F Ut Uan a:f:q7-I af 0 r,-- : I e TnI 'ndFMK ild th RM f­Ag�zn 05-r-ff I JAM MAJ 113�' u-antx=Ith-q-2f611 Wt --L-6WfF=Wh1bKWerLA I I-# t z a cl:�—&M% QP��y Y MA: Mc ii-tift—,I I-A_�MiAmeh?lffimt 0- _Y Y=WC _ ISQW lipw atiAaGAINli n- kIl Ra a eNrlitingpNem sin I I M 0IM" 0goggeggg I'll!I�� A_ W —61 rayV ofgarAjqkM�ng ell M t��n ai M- QIF;- M—T p6tye-MA No giiP%i W tif -Ir fill rg"�:tq�_ -ti Ri -- --------2�� nd_0h(3���c an' Mr W6 M Z 16 1111 Ard R M :0 M`WO' -8-amuna :t A WMW _6�� ]a q MUF:1 I,i orl,�_W Wil _0 fLz,t Ift -ornplan.T. 11-Ayl� iLt6_:bW_-§tfg4 -0 --any-swil w, Mi T 11' t f #1 L 11 1 ljj!� % Matill -N arigau z V J MMA, re$I' nap re ries- tt F IN persolially=z P z-n GAR MISUIffiET- Y P,1-z igai 1h -om- Mairl onpy In I W W1 j-e-I-K,iPz g6ri-F7.-8- JR 10 Mat-WisFil.W. RjeeW1q_fM0W RE-7-MCOMEA111Y. Me g _gm,bt rq ei MR-M-fiffi-M e_-al�e d: _84-10in-Mi -1 -ant saup P fe7seal 7 M ME Al Wffi 1111 pr1iRrt grolirectors, Id P__r 111 0 Afthe-Mda-rd 6 e"M L d ft I i 15 NjWKaMe-K3=re If r� on Br E� A li A M_N P --g C E R TIFF I C �K�M E In r! ffbdliergV cenity-inat the onal R MPTdre _1n Eirs gr 'AsslipfAgE SEA CARDS FIETL'�QQIII V UteuUh Wt:a 7n"F -- -­W 13 9 t ic rn-M ROMOR ect I-a pi 01 WtWlit rin-Wr- P- E q n_q_—n:-,—m fSEAWARI)i QMl 5 jal Ml1 1 WA�1 orW"f M Mil inal IllWrp U 0 Kcipy -Marciliml all a frl tin .0811 a_on3hW2M --of Mef M&OMPOAll R ffl§0 �.L RRAne _zWWY.--Z�- dic, _M-a�Az giant: M1-50— _ _ 17 edyiirAfe 6d z tzjI;l En 067ff� actgQ -bihl zoiw m =u ISkn §gtheyr nifWAcirl I I I I I 3@154MMI I= at I Fqf-i t-T-1 :11'. :_W�nd -a- 181 -tu Ff re_0-—00�9MINMIP k MWE MINWiTNESTM z Ift 1j;La W- --I, .M rp im § Itl M fl� ON W MMMOSM For verification of the authenticity of this Power of Attorney you may call,collect,201.658-3500 and ask for the Power of Attorney clerk.Please refer to the Power of Attorney number,the above named Individual and details of the bond to which the power is attached.In New York,Dial 212-627-5444. r ` FORM 120-12M'4-71 SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK, N. Y. BOND NO. _1.42334-88_ -- - PREMIUM: INCLUDED IN THE FAITHFUL PERFORMANCE BOND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, - SULLY-MILLER CONTRACTING COMPANY hereinafter called the Principal, and SEABOARD SURETY COMPANY, a New York corporation, with principal office at New York, New York, hereinafter called the Surety, are firmly bound unto the sty of Huntington_B ach in the full and just sum of Sixty-Nine Thousand Two Hundred Ninety-Five and 55/10_0-------DOLLARS ( $69,295.55------r, lawful money of the United States of America, to be paid to the said City of Huntington Beach , to which payment well and truly to be made, we bind ourselves, our heirs executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 23rd day of June 1988. WHEREAS, the above-bounded Principal entered into a contract with the City of Huntington Beach dated June 23, 1988 for landscape and Parking Lot Improvements at Central Libarar • CC-718 NOW, THEREFORE, the condition of this obligation is such that if the above--bounded Principal shall remedy without cost to the said City-__of Huntington Beach_ any defects which may develop during a period of one (1) year from the date of completion and acceptance of the work performed under said contract provided such defects are caused by de- fective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have duly exe- cuted this bond under seal the day and year above written. ATTES r 1NCIBAL: SULLY-MILLER CONTRACTING COMPANY - ZlBY•X BY. 6, f R.R. Munro, Assistant Secretary n A. Berton, Vice President SEABOARD SURETY COMPANY WITNESS: BY: . 1 Irene Lau, Attorney-In-Fact 1 APP?iOVED AS TO FORM L GAIL HUTTON cIBy T TT §t : Depu7v2Ci�tyA�ttornej STATE OF CALIFORNIA OFFICIAL U21 ] CONPNE J.RU11CxA ] ss.: NOTARY PUBLIC-CALIMIA Uj�(r MCOUNTY OF LOS ANGELES I _ lON FXP.JUKE 2 . 1 MY COITSI5510N EXP.JUKE Z3, 1991 On this 23rd day. June I9-B$, before me, the undersigned Notary Public, in and for the State, personally appeared Irene Lau-------------------- a person known to met�tx7C1�XQJ�Xttq�Xl4itf��( I�@k1iXl�kfl�R }, to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my- hand and Notarial Seal this 23rd day of June A.D. 19$g k My Commission Expires June 23, 1991 ,'Votary: Publrc•. FORM 116 12.`82 STATE OF CAUFORNIA ss. ~';,CUNTY OF LOS ANGELES On this 23rd day of June in the year 19 88 . Wore me. the undersigned, a Notary ?udii; 'in and for saia State. personally appeared John A. Berton---------------------------------------- OFFICIAL SEAL ---- ^---�— and R.R. Munro------------- COWFJ-RUZXKA -------------------------------------- . . personally known to me NOTARY pi18LlC-CAL1fT�1A LOS ANULESCCIAI carxaocotrxocpo�co�cnc�execrleo�wx xf�faot�cxuta�ae�el !o he the persons who executed the C', StOMExp 0A23.1991 within irstrumen, as Vice President and Assistant Secretary. respective'.y.at the Corooration tnerein named, and acknowledged to me that,he Corporation executed rt dursuant to r!s by-laws or a resolutfon of Its `bard of directors WITNESS my hand and o`ficia, sea.. AC KNOWLE DGY ENT—Cara.—Pr=_s-5 Sec.—,V31,ans Form 222CA—Rev irEn 91983'%N0LC01TS rvr Notary PUGt and fo r sal State. L. 8, M. BOND Public work-California 142334-88 Government Code BOND NO. PREMIUM: INCLUDED IN THE FAITHFUL PERFORMANCE BOND SEABOARD SURETY COMPANY HOME OFFICE, NEW YORK CITY. N.Y. LABOR AND MATERIALS (Public Work — California) KNOW ALL MEN BY THESE PRESENTS: That we, SULLY-MILLER CONTRACTING COMPANY as Principal, and the SEABOARD SURETY COMPANY, a corporation duly organized and doing business under and by virtue of thelawsof the State of New York, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or un- dertakings required or authorized by the laws of the said State, as Surety, are held and firmly bound unto any and all material- men, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by the contractor, company or corporation, in the just and full sum of Thirty-Four Thousand Six Hundred Forty-Seven and 77/100-----------------------DOLLARS (534,647.77-----), for the payment whereof well and truly to be made, said PRINCIPAL, and SURETY bind themselves, their heirs, administra- tors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, WHEREAS, the above bounden PRINCIPAL has entered into a contract, dated June 23, 14 88 , with City of Huntington Beach to do and perform the following work, to wit: Landscape and Parking Lot Improvements at Central Library; CC-718 APPROVED AS TO GAIL BUTTON CITY AT2` t?TrF'Y By�`�^ Deputy City Attorr,es MOW, THEREFORE, if said Principal, his or its heirs, executors, administrators, successors or assigns,shall fail to pay for any materials, provisions, provender or other supplies or teams,implements or machinery,used in,upon,for or about the performance of the work contracted to be done,or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, as required by the provisions of Chapter 7,Title 15, Part 4. Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said code, the surety or sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond the said surety or sureties will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. SIGNED AND SEALED this 23rd day of June A.D., 19 8$ SULLY-MILLER CONTRACTING COMPANY B Y: (� J A. Berton, Vice President SEABO RDSURETY COMPANY 1 By ' Irene Lau Attorney-in-Fact l 1 FORM 401 = 5/74 ti STATE OF CALIFORNIA ss. z Ct LUTY OF LOS ANGELES On this 23rd day of June in the year 19 88 before me, the undersigned, a Notary Public in and for said State, personally appeared -John- A. Berton, Vice President---------------------- -_________--.._________________________ personally known to me OFFICIAL SEAL (dtltdklldcp4t�1(�cf5�F1lJro7tk�11ifllAlfrjy�68GEtISe) to be the person who executed the CONK J.QUJICKA N04AY PUBLIC-CALIFORNIA within instrument on behalf of the Corporation therein named, and acknowledged to me that LOS ANGELES CQXTV the Corporation executed it. !1Y[d KSS12!EXP.J K 23,1991 WITNESS my hand and official seal. Lt�z r ACKNOWLEDGM ENT—Corporation—WOICA!1s Form 227CA-x—Rev_5-82 Notary Public in and for said State. (01982 WOLCOTTS.INC_ Vice Vass 8-2) STATE OF CALIFORNIA ON SEAL corsNIE�lE j.ttl,ala:A ] ss.: NOTARY PUBLIC-CALIF DR41A KJQ7I74X�(D (COUVTYOF LOS ANGELES ] LOSANGELESCOUNTY MY COMMISSION ExP-JUKE 23, 1991 On this 23rd day June 19 88 , before me, the undersigned Votary Public, in and for the State, personally appeared Irene Lau----------- ------ a person known to me i!�E��(Jta1�Q��e?td4i(t �sl4>�iF�i!S#C Ota24�b1F�(;S�i�l ), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 23rd day of June A.D. 1988 My Commission Expires Z�� June 23, 1991 Notart- Public. FO RNI 116 12`82 Faithful Performance Bond BOND NO. 142334-88 _ PREMIUM: $499.00 SEABOARD SURETY C0XIF?1\Y 1I011E OFFIC , NEW YORK CITY. N.Y. CONTRACT BOND ( Faithful Performance) KNOW ALf, MEN BY THESE PRESENTS: That we, SULLY-MILLER CONTRACTING COMPANY as principal, and the SEABOARD SURETY COMPANY, a corporation duly organized and doing business under and by virtue of tho laws of the State of New York, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the said State, as Surety, are held and firmly bound unto the City of Huntington Beach (hereinafter called the Obligee), in the sum of Sixty-Nine Thousand Two Hundred Ninety-Five and 55/100-------------------- ------------------------------------------------------------- DOLLARS ($69,295.55----�. for the payment whereof well and truly to be made we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal has entered into a contract dated June 23, 19 88 with the said City of Huntington Beach to do and perform the following work to-wit: Landscape and Parking Lot!.Improvements at Central Library; CC-718 APPROVED AS TO FORM: GAIL HUTTON CITY 'a_L a 1" By: Deputy City Attorney a copy of which contract is or may be attached hereto, and is hereby referred to and made a part hereof. NOW, THEREFORE, if the above bounden principal shall well and truly perform the work contracted to he performed under said contract, then this obligation to be null and void; otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. S SIGNED AND SEALED this 23rd day of June A. D., 1988 ULLY-MILLER CONTRACTING COMPANY B+EABRD G . '01bZ—' Berton, Vice President SURETY COMPANY a � I By i Irene u Attorney-in-Fact. FORM 402 OFFICIAL SEAL STATE OF CALIFORNIA ] COMMIE J.R1111CKA G-L- ] ss.: NOTARY PUBLIC-CALIFOAMIA 3,21 INTY COUNTY OF LOS ANGELES ] l0 A C 3- ttY CG'lltl$Slpt1 EvE XP-JA lNE 991 On this 23rd day Jun 19 88, before me, the undersigned Notary Public, in and for the State, personally appeared Irene Lau------------ ---- a person known to me Q6>>; 1t461E]�XQ[1Qit1Fi( 76�I14� Dx�KdtDC11}, to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Given under my hand and Notarial Seal this 23rd day of June A.D. 19 88 My Commission Expires 't June 23, 1991 -Votary Public. FOR-NJ 116 12/82 STATE OF CALIFORNIA ss. COUNTY OF I 0 ANGE 1=S On this 23rd day of June in the year 19 88 . before me, the undersigned, a Notary Public in and for said State, personally appeared `OFfIC1A1.5fAL John A. Berton. Vice_President------ -�_---------- ------ :. COINIEJ.AL24CKA ------------------------ - ----- — NOTARYPUBLIC-CALIFOigIA ---- , personally known to me 106AWDELESCd�M {�iK�frISJ�l�fdti'R�1fd�34t��Er1Sm?A�tIa�Elb�d(r�t�l to be the person who executed the nIr CQMSSION E0.JUKE 23.1991 within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. t WITNESS my hand and official seal. t377�12c-� ! ACRNOWLEOGM ENT-Corporation-wolcotts Form 222CA-X-R".5•82 _ __, Notary Public in and for said State. ®1982 WOLCOTTS INC (price pass B.2) CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUN_TINGTON BEACH AND SULLY-MILLER CONTRACTING COMPANY FOR CON_ST_RUCTION OF LANDSCAPE IMPROVEMENTS FOR CENTRAL LIBRARY PARKING LOT (CC 718 ) THIS AGREEMENT is made and entered into on this day of , 1988 , by and between the CITY OF HUNTINGTON BEACH , a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SULLY-MILLER CONTRACTING COMPANY , a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project , hereinafter referred to as "PROJECT, " more fully described as the construction of landscaping and parking lot improvements at Central Library in the City of Huntington Beach per cash contract #718; and CONTRACTOR has been selected and is to perform said work . NOW, THEREFORE, in consideration of the promises and agree- ments hereinafter made and exchanged, the parties covenant and agree as follows: 1 . STATEMENT OF WORK• ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment , supplies, transportation, utilities and all other items , services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work , including, but not limited - 1 - 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 com- pleting the work within the stipulated time and in the manner shown and described in this Agreement , and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However , the total compensation to be paid is' to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet ( s) . 2 . ACCEPTANCE 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; - 2 - C . The CITY ' S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions , amendments or addenda thereto; D. The 1985 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc . , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E . Bid documents including the Notice Inviting Bids , the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; F . The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifica- tions, 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 - 3 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 of Sixty-Nine Thousand Two Hundred Ninety-Five and 55/100 Dollars ($69,295 .55 ) , as set forth in the Contract Documents , to be paid as provided for in Sections 1, 6 , 13 and 14 herein. 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10 ) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred eighty ( 180 ) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works , excluding delays provided for in Section 11 herein . 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the 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 - 4 - • • and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein . CITY shall have complete control of the premises on which 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work , CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change . Should the DPW not agree to such cost proposal , the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon , CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 5 7 . NOTICE TO PROCEED No work, services, material , or equipment shall be per- formed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued . In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BONDS CONTRACTOR shall , prior to entering upon the perform- ance of this Agreement , furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR' S faithful performance of the work and to warrant such performance for a period of one ( 1 ) year after CITY ' S acceptance thereof, and one in the amount of fifty percent (50% ) of the contract price to guarantee payment of all claims for labor and materials furnished . 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed . CONTRACTOR, within ten ( 10 ) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10 ) day period, CITY may 6 - then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY . CONTRACTOR shall secure , at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for 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 require- ments finished or completed within the number of calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two-Hundred Fifty and no/100 Dollars ( $250 .00 ) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and - 7 - CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder . CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics , quarantine restrictions, strikes, unsuitable weather , or delays of subcontractors due to such causes . CONTRACTOR shall, within fifteen (15) days from the beginning of 'any such delay ( unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement ) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act , neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been - 8 - i • delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen ( 15 ) days of the commencement of such delay. No claims for additional compensation or damages for delays , irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors , will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS ( 1 ) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a ) Subsurface or latent physical conditions at the job site differing materially from those indicated --in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; ( 2 ) Time Extension No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder , provided, however, the time prescribed therefor may be extended by CITY. - 9 - 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section . The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule . No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of 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. - 10 -- When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50% ) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the. CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent ( 100% ) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered , shall be made thirty-five (35 ) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work . 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 13 of this Agreement . 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit - 11 - stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items , if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect , defend, indemnify and hold and save harmless CITY, its officers , and employees against any and all liability, claims, judgments , costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at sits sole Cost and expense . Any costs of defense or attorney 's fees incurred by CITY in enforcing this obligation will be reimbursed to CI'ZY by CONTRACTOR or may be awarded to CITY by a court of 12 - competent jurisdiction as costs pursuant to California Code of Civil Procedure S 1021 . 19 . 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 . CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than Five Hundred Thousand Dollars ($500 ,000 ) bodily -injury by accident, each accident, Five Hundred Thousand Dollars ( $500 ,000 ) bodily injury by disease, each employee, and One Million Dollars bodily injury by disease, policy limit , at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall , prior to commencing performance of the work hereunder , furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30 ) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30 ) days prior to any cancellation or modification of such policy . Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the - 13 - subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder , general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual 1 ability. Said insurance shall also include automotive bodily injury and property damage liability insurance . All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations , subcontract work , contractual obligations , product or completed operations and all owned vehicles and non--owned vehicles . Said insurance shall name the CITY , its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1 ,000 ,0000 ) combined single limit coverage . If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than twice the per occurence limit . In the event of aggregrate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same . Before CONTRACTOR performs any work at, or prepares or 14 delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30 ) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY . The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance . CONTRACTOR shall pay, in a prompt and timely manner , the premiums on all insurance hereinabove required . 21 . 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 - 15 - 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. 22 . 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 . 23 . 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. 24 . 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. 25 . ATTORNEY 'S FEES If any action of law or in equity becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney 's fees, costs, and necessary disbursements in addition to any other relief to which that party may be entitled . If any action is brought against CONTRACTOR or any subcontractor to enforce a Stop Notice or - 16 - Notice to Withhold which names CITY as a party to said action or by reason of which CITY incurs expenses , CITY shall be entitled to reasonable administrative and attorney ' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100 ) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 26 . IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall , in particular , comply with the provisions of 8 U.S .C . § 1324a regarding employment verification. 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 . 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 - 17 - interpretation, construction or meaning of the provisions of this Agreement . 29 . ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of SULLY-MILLER CONTRACTING COMPANY the State of California a California corporation G—. n A . Berton, V. President L-0/ Mayor Je y D. , Asst. Secretary 76 SLf4I2 i ATTEST: APPROVED AS TO FORM: City Clerk C' ty Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Acting Director of Public Works be 18 - City of Huntington Beach Department of Public Works P. O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act Of 1972 Gentlemen: The undersigned, contractor on C- 7/ R _ Cf_�1 TA,,gC c.1.�3, R�1 PARK►t J L _ L­0 i Project No. Title' hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work -performed by each such laborer , mechanic , apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid . Signature and Title s� DECLARATION OF SATISFACTION OF CLAIMS I , SLtLL_Y state: Name or Contractor ) 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Cg"TRA6 L15JSAPJ PARKIA& L07- and dated 2 . All workers and persons employed, all firms supplying materials, and all 'sub contractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims , or items in connection with Notices to Withhold, which have been tiled under the provisions of the statutes of the State of California: ( if none, state 'NONE' ) �oAJ E_ I declare under penalty of perjury that the foregoing is true and correct. Executed at 4RA1,JLF_ _ on this S Rp day of F E�. �i a►2 y , 1 g,a3 ignature of Contractor nL, REQUEST FOR CITY COUNCIL ACTION Date February 20, 1987 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, City Administrat*r - Prepared by: Melvin M. Bowman, Community Services Di Y ci'ry Subject: LIBRARY PARKING LOT LANDSCAPE IMPROVEM TS PHASE 1qV-2 } - GITY CLF-i Statement of Issue, Recommendation,Analysis, Funding Source, Alternative ctions, Attachments: STATEMENT OF ISSUE : Phase I of the Central Library Parking Lot Landscaping and Irrigation Improvements has been completed. Phase II , which would complete the project , is unfunded . RECOMMENDATION: Approve the plans for Phase II of the library parking lot landscaping improvements and transfer $43 ,000 from Account 486637 - Pier Restroom Improvements , into Account 481639 for Phase II improvements . ANALYSIS : Shallow rooted eucalyptus trees located in the front library parking lot were removed due to the damage they were causing to the parking lot and potential liability. The trees had a tendency to fall when the ground became wet , thus making the City liable for capital loss or personal injury. Existing irrigation was destroyed due to a prior recurbing project . In order to replace the trees and irrigation , a landscape project was implemented on a phase basis . Phase I included removal of eucalyptus trees and establishment of an irrigation system. The eucalyptus trees were replaced with deep rooted hackberry trees planted in containers . Phase II will include additional planters and concrete work . A pathway will also be developed . This pathway will include a handrail for safety and will permit easy access to the library from the auxiliary parking lot south of Talbert . It is estimated that Phase II will cost approximately $43 , 000 . Due to the postponement of the Pier Restroom Project as a result of the Council decision of February 17 , 1987, funding from the Pier Project could be transferred into the Landscaping Project . The Library Board has reviewed this plan and has endorsed it unanimously. PIO 4/a1 FUNDING SOURCE: General Fund ALTERNATIVE ACTION: 1. Postpone development of Phase II and reconsider the project during the FY 87/88 process . ATTACHMENTS: 1. Improvements itemized 2 . Location Map CWT:MMB:RH:gc COMMUNITY SERVICES DEPARTMENT LIBRARY PARKING LOT PHASE II Estimated Costs Asphalt concrete ramp, safety railing and drainage modifications $10 , 000 .00 Slope stabilization, planting and irrigation modifications 3 ,000 . 00 Hardscape (walk and paved areas) 16 ,000 .00 Concrete planters (13 additional) 7 , 800 .00 Additional planting and irrigation 2, 000 . 00 38, 800 .00 Contingencies 10% . .3 , 880 .00 42 ,680 .00 �TALBERT LAKEEmma � •,.... ....._..... �.. ... .;. :4.�!'._, -.a:'rr ram,._ �-" - _ Q . F3, " DVENTURE L PLAYGROUND r � � �1 fflstlttltft N • if l 1 11IL Aim ERT AVE. . - PHA&E II - LIBRARY ==PARKING EQZ' LAN.DSCAPE LANDFILL _ smin " ME � �_ ELLIS -A-V-E. - • . v,:._...� -� . j'. .�. . _ � . 01 COP WHEN RECORDED,MAIL T0: C61 . 18 r inQR C�Q RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY.CALIFORNIA CITY OF HUNTINGTON BEACH EXEMPT Office of ffie City Clerk IM JAN 6 1989 P. 0. Box 190 C6 PM I-funtinpton Briefs. Calif. 926aF �,D NOTICE OF COMPLETION "�-� Q'C1914*%d,&ECORDER NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to SULLY MILLER CONTRACTING COMPANY 6145 Santiago Canyon Road, P. 0. Box 432, Orange, CA 92666 who was the company thereon for doing the following work to-wit: construction of landscaping and parking lot improvements at Central Library, Project CC-718, in City of Huntington Beach, CA. That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach A a regular meeting thereof held on January 3, _1989_ _ _ . _ ..:_ That upon said contract the SEABOARD SURETY COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 4th day of January 1989 . }s Connie Brockway City Clerk and ex-of icio Clerk of the City Council of the City of Huntington Beach, California BY STATE OF CALIFORNIA } County of Orange } ss: eputy City of Huntington Beach } I , CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this 4th day of January 1989 . This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government dodo City Clerk and ex-officio Clerk Sec. 6103 and should be recorded of the City Council of_the City Free of charge. of Huntington Beach, California BY p ty