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HomeMy WebLinkAboutSully-Miller Construction Company - 1988-07-05 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION VIVNi1NC-10-4 6EACH To RC,)BERT J. FRANZ From ACCOUNTING RECORDS Deputy City Administrator Subject 10% R TENTION pate z -b 0 CC- l -2- The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed. Payment of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. �V iOAN T. vPLI,ELLA rector of Finance I certify that no stop notices are on file on the subject contract at this time. Date: '%-(o..CD • �)_fLO UIS F. SA OVAL. Public Works irector I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY Aetimg City Clerk I certify that there are no outstanding invoices on file. Date: DONALD WATSON City 'Treasurer 0574J ..-'WHEN RECORDED MA I L TO: RECORDED IN OFFICIAL RECORDS 89=380945 OF ORANGECOUNTY,CALIFORNIA 4:00 q m CITY OF HUNTINGTON BEACH FM JUL 19 1989 z W Office of the City Clerk EXEMPT y P. 0. Box 190 C13 , m Huntington Be idi Calif. 926AP Q.y Recorder a NOTICE OF COMPLETION 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, 3000 East South Street, Long Beach, CA 90805 who was the company thereon for doing the following work to-wit: the realignment of Sixth Street between Orange Avenue and Main Street, in the City of Huntington Beach, California, Project CC-712. 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 the 17th Day of July, 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 18th day of July 1989 . City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach , California, this ig±b day of July 1989 . This document is solely for the official business of the City of Huntington Beach, as contem- City Clerk and ex-officio C erk plated under Government Code of the City Council of the City Sec. 6103 and should be recorded free of charge. of Huntington Beach, California WHEN RECORDED MA I L TO: (,O N F 0 R M E D COPY RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY,CALIFORNIA Not Compared with Original 4:00 GIrY OF HUNTINGTON BE:,"' Officeo.th X Clerk E C13PT 89-380945 �M JUL 1 s ��s9 Huntinvton Beach. Calif. 926AF NOTICE OF COMPLETION '� tL Q' '�L`" Recorder 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, 3000 East South Street, Long Beach, CA 90805 •F' who was the company thereon for doing the following work to-wit: the realignment of Sixth Street between Orange Avenue and Main Street, in the City of Huntington Beach, California, Project CC-712. 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 the 17th Day of July, 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 18th day of July , 19 89 . City Clerk and ex-officio Clerk/ of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly appointed and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,* California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council . Dated at Huntington Beach, California, this igrn day of July 19 89 . This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk and ex-officio C erk sec. 6103 and should be recorded of the City Council of the City • Free of charge. of Huntington Beach, California DECLARATION OF SATISFACTION OF CLAIMS I ►$U) LY-MILLER CONTRACTING COMPANY, state: Name ot Contractor 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled (o70- s7-tZM,--T and dated au S 19M 2 . All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims, or .items in' connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: ( if none, state "NONE" ) I declare under penalty of perjury that the foregoing is true and correct. Executed at OR, NGS on this 2/ s-Z day of Gcxs-r At- (RIgnaturd-of Contractor ) 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 7/Z - <o STi2c � 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 A Member of the Beazer Group P SA SULLY-MILLER CONTRACTING CO. q--,1.-8C1 City Of Huntington Beach Public Works Dept . P.O. Box 190 Huntington Beach , Calif- 92648 Attention: Robert A. Martinez Regardii-tg: 6-th Street-. Rea li.gi--merit Gientlemen: We have recieved your letter. dated B-1-89 and are enclosii-ig items 2 & 3 as requested. We have refered item I regarding prevailing wages to our 'Subcontractor . Kato Landscape. Kato Lar.dscape is not in agreement that prevailing wages were not; paid on thAs project . They will persue this matter with. your staff. Yours Truly, ?-err, Blair .x �7 Assistant Manager 714.639 1400 FAX 714-538 8053 6145 SANTIAGO CANYON ROAD ORANGE,CA 92669 License 1538-A REQUER. FOR CITY C4UNC A SON 7 fg Date •1,ily 17, 1989 Submitted to: Honorable t�lavor and City Council � APPROVED BY CITIIE�GOgNCIL r Submitted by: Paul F. Cook, C itv Adrninistrator"� 7_ / 7 - efy " 9 Prepared b Lo,iis F. 5andoval, Director of P„blir Works % � :f -I n REALIGNMENT OF SIXTH STREET 13F_TWF-EN ORAL Subject: STREET; CC-712 —� r- r L 7 - Consistent with Council Policy? [Xi Yes [ j New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Sullv Miller has co+npleted the construction of Sixth Street between Orange Avenue and Main Street. RECOMMENDATION: 1. Accept the improvements and authorize thc- City Clerk to file the Notice of Completion. 2. Approve the total contract cost of $457,930.10 ANALYSIS: On June 20, 1982, Council awarded a construction contract to Sully Miller to realign Sixth Street between Opange AVpnur. ind Main Street. The construction of the imorow-Inents is now complete, per the approvod plans and specificatinns and a final payment has been processed to Stilly Miller. The*efore, the IDirPetor of Public W oaks recommends acceptance of the improvPrnents and requests that the Notice of Completion he filed by the City Clerk. Additional work was required as follows: 1. Water main installation in lth Street. Citv Council approved this work at an estimated cast of $R5,000 on October 3, 1 9qg. Final Cost $108,0l7U.00 2. Water services for the Town,quare Development $41000.00 3. Additional items of work to coordinate improverents hCtwPen the street work and the on-site work for the Townsquarr Development, ;under walk drains, drivelvay, traffic siUnal modification.) $2 5,000.00 i Pia 6185 `eauest for Council Action Rnahgnment of Sixth Street Page 2 4. iAndification to the project to minimize construction imoact on the 6th Street rnsi dence. $6,000.00 5. Additional work due to unknown conditions found durinq construction. $2,000.00 Total $145,Oi)O.00 The following is a summary of contract costs: Council Approved Actual Expenditures Contract Amount $312,930.10 $312,930.10 Increased Contract 85,000.00 145,01)0.00* Tota1: $397,930.10 $457,9 30.10 [.due to contract change hrdf'rs. FUNDING SOURCE: Sufficient city gas tax funds were budgeted for the project in account number, E-SF-PC-712-632-00. This was a cooperative project with Redevelopment (HUI) Funds). Their sharp for the water main cast is $108,€ 00.O0. ALTERNATIVE ACTION: Not applicable. ATTACHMENTS: None. PEC:LFS:RA1'v1:1 w 21159 ivy �F L4 c c,-712- REQUEff FOR CITY COUNCIPACTION Date September 21, 1988 Submitted to:` Honorable Mayor and City Council Submitted by:" Paul E. Cook, City Administratnr � DBY G1,tY Prepared by: ` Louis F. Sandoval, Director of Public works Sub ect: water Line for bth Street Realignrnent; CC-712 1 c�, n c;irtN Consistent with Council Policy? [ Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Altemative Actions, Attachments: STATE.MFNT 01- ISSUE: Construction of a water Train is required in re-aligned Sixth Street between Oranqe Avenue and Main Street. 0 RCCOMMENUATIONS: Approve the expenditure of $85,000 for the construction of the water line as a change order to CC-712, Sully-Miller contract. ANAL-YSIS: A contract has been awarded to Sully-Milier Contracting Company to construct street improvements on Sixth Street between Orange Avenue and Main Street to meet the needs of the development plans for Town Square. A water main is needed in Sixth Street for fire protection and a service source. Federal HUD funds will be used for the water main construction. The cost for construction of the water main and the laborcompliance requirements for use of Federal funds were negotiated with the contractor, Sully-Miller. As the amount of the change order exceeds that which the director has authority to approve, Council authorization is required. FUNDING SOURCF: HUD funds ACTEII NATIVE ACTION: i-)irect staff if rather action is to he taken. ATTACHMENTS: Location Map l_5F:[1S:Iw 1791y POO SIBS AMENDMENTS CIRCULATION PLAN OF ARTERIAL PLIMNXO \ CCrO]KW COVI� �. , STREETS AND HIGHWAYS ..\ ADOPTED 8Y CITY COUNCIL \d RESOLUTION NO.4368-DEC.12.1976 LEGEND FREEWAY STREET CAPACITY MAJOR 45,000 \, PRIMARY 30,000 SECONDARY 2Q000 NOTE: SOLID LINES INDICATE EXISTING RIGHT OF WAY / 1 NOT NECESSARILY IILTIMATL RIGHT OF WAY \ DASHED LINES INDICATE AREAS WHERE NO RIGHT OF WAY EXISTS \�'o 'A------ PRO vTE C T Fes\ CITY OF HUNTINGTON BEACH -- ORANGE COUNTY CALIFORNIA i � t I FE CITY OF HUNTING N BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 5, 1988 Sully Miller Contracting Company 6145 Santiago Canyon Road P. 0. Box 432 Orange, CA 92666 RE: Construction of realignment of 6th Street between Orange Avenue and Fain Street project CC_ 712 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 RETENITON IUNDS. In addition, the following item must also be on file, with this office, before Lhe 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 :cording 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 moist be on file in this office prior to release of retention funds, please call Don Noble, Contract Administrator, 536-5441 . zy. Al. ;;rjklo��� Alicia M. Wentworth Cite f1Pck Amu:J:; cc: Don Noble, Public Works Dept. Cnclnsures: Ili-d hond Cash Contract. QCart c f Scat r of Compliance `l iD(..0 I a ra L i )n of ')aLi,;fal:tlon of Claims) (T We p hon e:714.6363 2271 CITY ®F HUNTING N BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 5, 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 realignment of Sixth Street between Orange and Main Street, Project CC-712, 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 A.MW:bt Enclosure {TeWpham:714-36-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648. OFFICE OF THE CITY CLERK July 5, 1988 Excalibur Contracting 2760 S. Harbor Blvd. #F Santa Ana, Ca. 92714 We are returning your Bid Bond which was submitted with your proposal for the realignment of Sixth Street between Orange and Main Street, Project CC-712, 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 4. Wentworth City Cleric AMW:bt Enclosure IT4W*Phane: 714.53"227) CITY FUNDED PUBLIC WORKS CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SULLY-MILLER CONTRACTING COMPANY FOR THE REALIGNMENT OF SIXTH STREET (C .C. 712 ) 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 realignment of Sixth Street between Orange Avenue and Main Street , in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work , NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans , tools , equipment , supplies, transportation, utilities and all other items , services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner . CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during .its progress or prior to acceptance, from the action of the elements , from any unforeseen difficulties which may arise or be encountered in the prosecution of work , and for all other risks of any description connected with the work , including , but not limited - 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 completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However , the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet (s) . 2 . ACCEPTANCE 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 - ti 1 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 Specifications, shall be of like effect as if indicated and mentioned in both . In case of discrepancy between any plans , specifications , special provisions , or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW" ) , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or Proposal of CONTRACTOR, then this 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 THREE HUNDRED TWELVE THOUSAND NINE HUNDRED THIRTY AND 10/I00 DOLLARS ($312 ,930 .10 ) , 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 seventy five (75 ) calendar days from the execution of this Agreement by CITY, 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 and CITY forces working on the PROJECT, in a manner that will 4 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 - i 0 7 . NOTICE TO PROCEED No work , services, material , or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to 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 ( 100% ) 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 then make appropriate repair or replacement at CONTRACTOR 'S risk and expense . - 6 - 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 requirements finished or completed within the number of calendar days as set forth in Section 4 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Three Hundred Dollars ($300 .00 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder . 7 - 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 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. 8 - • • 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. 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 - 9 - 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. 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 - 10 - 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 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 - 11 - 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 its sole cost and expense. Any costs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to California Code of Civil Procedure 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 - 12 - liability for workers ' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder . t CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One-hundred Thousand Dollars ($100 ,000 ) , 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 subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation . 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder , general liability insurance, including coverage for bodily injury, property damage , products/completed operations , and blanket contractual liability. 13 -- 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 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 . 14 - 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 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 . DISPOS_ITION 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 - 15 -- 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 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 - 16 - 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 interpretation, construction or meaning of the provisions of this Agreement . PAGE END - 17 - 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 SULLY-MILLER CONTRACTING a municipal corporation of COMPANY, a California corp. the State of California A. Berton, Vice-Pres. Ma or J. -Blair, Asst. Secretary ATTEST: APPROVED AS TO FORM: City Clerk Cit-y Attorney I �p .d-10— f-r 6�� Loj VIEWED AND APP VED: INITIATED AND APPROVED: City Administrator Director of Public Works be 18 - k}' arrktu srAkt (; STATF.OF CA1.1FORNlA 1 �L A MpTARY t�tratrC-t;AtrFacr+tA LOS AWAUS COMTY -XXXf IA)P COUNTY OF LOS ANGELES 1 m cas4ss+oR rare .tort 23, +s9+ On this _27k] day_-Lut1P 19E38 before me, the undersigned Notary Public, in and for the Stale, personally 1 appeared Irene Lau------------------- a person known to me OOx��C�X4c�a�acp4i��i�xvi9cvd�vo�a�ia�r07dco�►x9�cv�s�1. 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. "ell Given under my hand and Notarial Scal this 27th day of June A•0. 19 88 My Commission Expires June 23, 1991 Notary Public. FORM 116 12 k2 r - !p STATE of CALIFORNIA *� + ss COUNTY of .__ LOS ANGELES ------ on this _ 111h—_—day of . _ —J_Une_—_--__. in the year 19—B$, belore me, the unders4gned. a Notary Pubuc in and for said State. personally appeared ►Iobn_A_.8ertonr=---------------------- ---_---_—_----- 011"OAt SEAL —_-- — —— ——— —_ and=_George_K._LUbanko --- cam's A --------------------�----------- --- personally known to me f 1gTAWAftK-CALUDi A 011XA(RIEf[=X0(X'K1X1K X&VtAU to e the oersons who executed the LOS AWLIS COW , f W SW!.6sa1 E1[P JUN 23 1991 � within instrument as __,1L]LE' President and .AS.Sletant— Secretary. ff respectrveiy, of the Corporation therein named ano acknowleaged to me that the Corporation - executed t1 pursuant Ia its oy-laws or a resolution of )ts board of directors r, wlf•NESS my hand and ott,aat seal —Net 8 StC—'hy-cvs gan 7[7Ce— •• r 9) — J — -- �— r si!!*01 4,75 ,tiC I0Kec'•ss4[1 Notary PubIIC ul and for sae State. OFf ICA SEAL STATE OF CALIFORNIA 1 ', COMIC J.QMCKA ss•; NOTAt1Y PUBLIC-CALIF CRHIA } - 'f• UIXrXA(mb(:OL;NTYOF LOS ANGELES J LOSAWLESCOUNTY My C*"SSKH Exv JLQ*23. 1991 I0 On this _2Z#,h day IMP 19_U, before me, the undersigned Notary Public, in and for the State, personally appeared -------- a person known to ntc QNt 10Xe(13>'GptKkKbxst9Cocbc94ldld*=4xftxocnx), to be the person who executed the written instrument as Attorney-in-Fact on behalf of the corporatson therein named and acknowledged to me that the corporation executed it. 11 Given under my hand and Notarial Seal this 27th day of June A.D. 1988 * My Commission Expires June 23, 1991 Nora ry Atblic. FORM 116 12.'82 a STATE OF CALIFORNIA s$ COUNTY OF I OS ANGE l•1:C "A 1 On this 27th day of June ..in the year 19 88, 0 before me, the undersigned, a Notary Public In and for said State, personalty appeared _John A, Berton, Vice President---------�-------------- orfICIAL SEAL ------------------------ — — —' Ei"ij J.RUIICxA personally known to me HDTARYPLOLIC-CALIFOANIA �F �b �A (re'{a��6i'y`te14 f1�S) to be the person who executed the tasAwAtisCt1UHTY within Instrument on behalt of the Corporation therein named, and acknowledged to me that tqy Cp"SSsoH EXP JtIK 43.1941 the Corporation executed it. WITNESS my hand and olficiai seal r st I ACOtMEDGMENT-CapotjIVn—WNwes Form 222CA.k-4v 5.82 Notary Public and for said State. I K�19824irOTTS tAC SpSrcfoina2p OFFICIAL SEAL STATE OF CALIFORNIA ] OWTARYPLKIC-CALIFOrMA COWIE J.ROCKA ss.: TXYA IK)b COUNTY OF LOS ANGELES ] LOS ANGELES couNTy Fly COf1t71SSION Rt-JM 23, 1991 On this 27th day ,7 a ne 19_8.8_, before me, the undersigned Notary Public, in and for the State, personally ------- (oat;PX=CAXot�atD*XJQXsiscoc6� k*xWXK%iok=or), appeared Irene au--------- ---a person known to me 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 27th day of June A.D. 19 88 My Commission Expires June 23, 1991 Notary Public. FORM 116 12/82 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Iss. On this 27th 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----------------------- - OFFICIAL SEAL ------------------------------------- Cog j RUZICKA personally known to me t0TARyKaiC-CALIFOWIA to be the person who executed the LOS AWAIESCWM within instrument on behalf of the Corporation therein named,and acknowledged to me that My CQRIISSIO►I E4E 23,1991 the Corporation executed it. WITNESS my hand and official seal. ACKNOWLEDGMENT—Corporation—Wolcotts Form 222CA-X—Rev.5.82 Notary Public in and for said State. ©1982 WOLCOTTS,INC. (price class 8.2) Faithful Performance Bond BOND NO. 142337-88 PREMIUM: $1,742.00 SEABOARD SURETY CO.N, 3PANY HOME OFFICE, NEW YORK CITY, N.Y. CONTRACT BOND (F ai th fui Performance) KNOW ALL MEN BY THESE PRESENTS: That we, SULLY-MILLER CONTRACTING COMPANY as principal, and the SEABOARD SURETY COMPANY, a corporation duly organized and doing business under and by virtue of the laws of the State of New York, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the said State, as Surety, are held and firmly bound unto the City of Huntington Beach (hereinafter called the Obligee), inthesumof Three Hundred Twelve Thousand Nine Hundred Thirty and 10/100----------- -------------------------------------------------------------DOLLARS ($ 3123,930.10-- ) 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 27, 19 88 with the said City of Huntington Beach to do and perform the following work to-wit: Realignment of Sixth Street (C.C. 712) 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 be 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. SIGNED AND SEALED this 27th day of June A. D., 19 88 f SULLY-MILLER CONTRACTING COMPANY BY.. �.. _1161N A. Berton, Vice President SEAB ARD URETY COMPANY 1 � ' By Irene Lau, Attorney-in-Fact. FORM 402 1J L. & M. BOND Public Work—California Government Code BOND NO. 142337-88 PREMIUM: INCLUDED IN THE SEABOARD SURETY COMPANYAITHFUL PERFORMANCE BOND 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 One Hundred Fifty-Six Thousand Four Hundred Sixty-Five and 05/100-----DOLLARS ($ 156,465.05--- ). 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 27, 1988 , with City of Huntington t each to do and perform the following work, to wit: Realignment of Sixth Street (C.C. 712) NOW, 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 27th day of June A.D., 19 88 SULLY-MILLER CONTRACTING COMPANY BY: C,-_ . J A. Berton, Vice -President SEABOARD URETY COMPANY BY Irene Lau, Attorney-in-Fact FORM 401 5/74 FORM 120-12M-4-71 SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK, N. Y. BOND NO. 142337-88 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 City of Huntington Beach in the full and just sum of Three Hundred 'Twelve Thousand Nine Hundred Thirty and 10/100--- DOLLARS ($3129930.10---- lawful money of the United States of America, to be paid to the said City of Huntington Beach , to which payment well and truly to be made, we bind ourselves, our heirs executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 27th day of June ,1988 • WHEREAS, the above-bounded Principal entered into a contract with the City of Huntington Beach dated June 27, 1988 for Realignment of Sixth Street (C.C. 712) NOW, THEREFORE, the condition of this obligation is such that if the above-bounded Principal shall remedy without cost to the said City of Huntington Beach any defects which may develop during a period of one (1) year from the date of completion and acceptance of the work performed under said contract provided such defects are caused by de- fective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have duly exe- cuted this bond under seal the day and year above written. ATTEST: PRINCIPAL: SULLY-MILLER CONTRACTING COMPANY BY: G. A- BY4iXffBerton, �. George M. Lubanko, Assistant Secretary Vice President ,. SEABOARD SUR TY COMPANY WITNESS: BY: Irene Lau, Attorney-In-Fact APP$G r.E'D '„Z To FOR1Q�j-•� GAZL ffunoly ` .CITY ATTORNEy �epu �,dttorney 0 0 0 0 0 rSS062 E07 r88(M/utrODrY�1 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- __•y - t Johnson 8 Higgins of PA, Inc. COMPANIES AFFORDING COVERAGE 2600 One PPG Place Pittsburgh, PA 15222 COMPANY LETTER A National Union Fire Ins. Co. of Pittsburgh, PA Attn: R. Scott Hanes _(41 1 191-5350 COMPANY INSURED LETTER -_�• Koppers Company, Inc. 8 Its Subsidiary COMPANY - SULLY-MILLER CONTRACTING COMPANY LETTER - 3000 East South Street COMPANY Long Beach, CA 90805 LETTER (213) 531-3550 COMPANY LETTER _ 0 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHK:H THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,T14E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS.AND CONDI- TIONS OF SUCH POLICIES. L � IABILITY LIMITS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER POLE'Efr{CTh'{ ppL�E)(pINT10�+ ,- OAIE IMMOWM WTI IMw9Dr1M FACH AGGREGATE CURRENCE 1: GENERAL LIABILITY BODILY A x COMPREHENSNFFORM RMGLA956-63-62 01/01/88 01/01/89 INn1RY $ $ x PREWSESIOPERATIONS PROPERTY x UEXPNDERGROM LLOS LLAPSE HAZARD DAMAGE $ $ x PROOUCTSOMPLETEO OPERATIONS - x CONTRACTUAL 61&PO COMBINED $ 2,000, $ 2,000. x INDEPEf;WENT CO!�rRACTORI,S x BROAD FORM PROPERTY DAMAGE x PERSONAL INJURY PERSONAL FNJUAY $ 2,000, AUTOMOBILE LIABILITY aka T AM A x ANY AUTO RMBA154-97-1 1 01101/88 01/01/89 m Rom! $ x ALL OWNED AUTOS IPRN PASS) BOON x ALL OWNED AUTOS/OTHER THAN e ARf l PHIV- PASS I P`R wLOOEM'I $ x HIRED AUTOS PROPERTY x NON•OWNEO AUTOS DAMAGE $ GARAGE LIABILITY eiaPD COIINED $ 2,000, EXCESS LIABILITY UMBRELLA FORM COMBINED $ $ OTHER THAN UVZRELLA FORM = - WORKERS'COMPENSATION SELF INSURED BY STATE OF ALIFORNIA STATUTORY AND CERT. 140. 1 130-CO)JT I NUOUS COVERAGE $ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ 0SEASE-POLICY LIMIT) $ ... -- - OTHER --w r6im OF OPERATIONSILOCATIONS)VEHICLE&SPECWL ITEMS Applicable as respects the Contract Realignment of Sixth Street (C.C. 712). This policy contains a Waiver-of Subrogation Clause. SEE ATTACHED ADDITIONAL INSURED ENDORSEMENT..y _h-iw7V111i1!I%Jl1LA 0 --_ City of Huntington Bosch SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. Public Works Department PIRATION DATE THEREOF. THE ISSUING COMPANY WILL 11108AahMxX@ i 2000 Main Street MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE i LEFTtk6�Ad1cWR&�SiE(IA1Lc$1? NOBtQ6csH>limcIOAIDtQeI> e1KJlmr _ Huntington Beach, CA 92648 X1 X0ff K)POwXNb i AUTHORIZED REPRESENTATIVE - e e e'r o •e' - ems ' , THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED 1' STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 1 OFFICE OF THE DIRECTOR r Num.BiFiR 1130 i 1 CERTIFICATE OF CONSENT TO SELF-INSURE THIS IS 1'O CERTIFY, That---- ULLY-tLi _-COt�RACFING__ AL.�4�C89r #� o��_*-------- has complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Self-Insure. This r i date may be revoked at any time for good cause shown.° N EFFICT3VK$ DEPART T OF INDUSTRIA L.ATIONS • F HE STATE t3F ALI RNIA rMs�$�._-rwr or JtilY —rs�_ DONALD VIAL 0La..I CO. ' RI CIijAM S. A MSON AMAaaAf • Rev r i8cate.—"A certificate of-consent to self-Insure may be revoked by the Director of Industrial Relations at Roy time for Rood cause after a hearing. Good cause includes, among other things, the ImppaairrTWnt of the solvency of such employer, the inability of the employer to fulfill his obligations, or the practice by such employer or his agent in charge of the'administration of obligations under this division of any of the following. (a) habitually and as a matter of practice cod custom inducing claimants for compensation 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; (b) Discharging his compensation obligations in a dishonest manner; (c) Discharging his compensation obligations in such a manner as to cause injury to the public or those dealing with him" (Section 3702 of Labor Code.) The Certificate may be revoked for noncornpifance with Title 8 California Administrptive Code. Croup 2—Administiation of Self-Insurance. *Supersedes Certiticate No. 00 -El issued to SULLY-4ULIER CONTRACTING COMPANY on August 229 1973 and 4 Certificate No. 1130, on October 1, 1967. �, F.RW A•4.10 .low is ura wr•-w rw�o ors ,` Certdled Copy SRA AW SUMM COJPANY BBB 0070 No.10230 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has made,constituted and appointed and by these presents does make,constitute and appoint Paul C. Hughes or Irene Lau of Costa Mesa, California its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and other instruments of similar nature as follows: Limited to the amount of TWO MILLION FIVE HUNDRED THOUSAND ($2 ,500,000 .00) DOLLARS. Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact,shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal;and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII,SECTION 1: "Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto. Insurance policies•bonds,recognizances,stipulations,consents of surety and underwriting undertakings of the Company,and releases,agreements and other writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board,the President,a Vice-President ore Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary or a Resident Assistant Secretary;or(b)by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the President or a Vice-President to make such signature;or(c)by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer,Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents,and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries,this .11_th...... day of----------MAY.....................=.......... 19__88 0 SUREry ,e * °�3 Attest: SEABOARD RETY COMPA Y, 1927 N . B y ff�FNEW�� (Seal) ..--'-'--- ------ ----- ---- --------- ---- ----------- -- --•----•- `N---------- As st nt ecretary Vice-President STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this.. llth------- .day of May 19-8-8 before me personally appeared ................Mi.chael..B.....Keega11._........_..________..________.__.-------____-._....___-___ a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted,who, being by me duly sworn,said that he resides in the State of __Neya---J.e -se-y_.; that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of said Company by like authority. (Seal) c f PUBLIC --- ---•----•------ .................................................................... Public ;V1y Cumm►ssion Exp. ;;;fie 4, �`�.% C E R T I F I C A T E I,the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII,Section 1,of the By-Laws of SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. "RESOLVED (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other instruments described in said Article VII, Section 1,with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF�tt}ave hereunto set my hand and ffixed the corporate seal of the Company to these presents this oSDREFY -------------•----. ---------•--.day of--------......._.._..._. une-----•-----•------------•-------- 19..•-•--..._. * cow -•-•----••-•--- 1927 ----- ----------- 3K,m OFNE,N 957 Rev 7- ) f'."*', .'.i: .- :'ilia-' ... 'ti `.,' �.-iLr :�:.,. . ''l y.!1!it? _ .'lil+�' �!. .!::;_2c ls; •ii'r�• , .'?.`r, 1'r'• .. (". r1'_ .'�:.. ->- . :{ti.'.,'tE"d'iJt^�.. the Fa 1:.Vt:,•. mar+,f,��V:�ia:1!,S�anti.�`;: r•.. �.,,nr t�,.,.,:�'In, 14L's>• -._� ,. ,- �; ';tl, .t� ,i CITY OF HUNTINGTON BEACH ' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 21, 1988 Clayton Engineering, Inc 2511 Moulton Parkway, Suite No. JN Laguna Hills, Ca. 92653 We are returning your Bid Bond which was submitted with your proposal for the realignment. of Sixth Street between Orange And Main Street, Project. CC-712, 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 Wnclosure ITWephonr 714.538&52Z7) 0 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 21, 1988 Marnatt Construction Company 265 So. Anita Drive, Suite 218 Orange, Ca , 92668 We are returning your Bid Bond which was submitted with your proposal for the realignment of Sixth Street between Orange and Main Street, Project CC-712, 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: 714-5536-5 2 27) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 21, 1988 Hobest Incorporated P.O. Box 974 Westminster, Ca. 92684 We are returning your Bid Bond which was submitted with your proposal for the realignment of Sixth Street between Orange and Main Street, Project CC-712, 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 AfYMW:bt Enclosure (TeMphom:714-536 5227) ;, CITY OF HUNTINGTON BEACH r 2000 MAIN STREET r CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 21, 1988 Damon Construction Co. 500 E. Gardena Blvd. Gardena, Ca. 90248 We are returning your Bid Bond which was submitted with vour pronosal for the realignment of Sixth Street between Orange and Main Street, Project CC-712, 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,714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 21, 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 realignment-of Sixth Street between Orange and Main Street, Project CC-712, 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 A-mw:bt Enclosure IT@WPN me: 714-536.5227) H,z'-,j CITY OF HUNTINGTON BEACH ES 2000 MAIN STREET CALIFORNIA 92648 1988 Paul E. Cook June 2, Public Works Department Director (714) 536-5431 Realign¢nent of 6th Street CC - 712 ADDENDUM NO. 1 Notice to All Bidders:. Potholing on Sixth Street between Orange Avenue and Pecan Avenue revealed existing pavement sections of 1/2" to 1 1/2" A.C./2" to 3" P.C.C. (Not 3" A.C. as shown on Sheet 7) . The following supplier assured us of availability of interlocking concrete pavers within two weeks: Perma Concrete 12490 Day Street Riverside, CA 92508 (714) 653-1187 Payment for all items listed under part 4, section A-1, page 43 of specs shall be included in the lump sum bid for landscaping and irrigation. Vil-7ly yours, Les Evans Acting Director of Public works LE:US:lw This is to acknowledge receipt and review of Addendum Number 1. Thz above revisions and clarifications shall be inocrporated in the bid documents. Sully-Miller Contracting Cnm ap�y Conlpany Name By June 3, 1988 J.D. Blair, Assistant Secretary Date " � BID PROPOSAL Sully-Miller Contrac.ting Company Firms Name To th's Honorable Mayor and City Council, City of Huntington Beath. California: In Compliance with the notice Inviting sealed proposals for the ; Realignment of 6til Street between Orange Avenue and Main Street. 1 hereby propose and agree to enter Into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which Is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all Incidental work necessary to deliver all the Improvements complete In place In strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL Mobilization @ 1 Lump Sum per Uump Sum. Traffic Control 2 . Lump Sum per Lump Sum. Qpa ,o o DOO, d d Clearing and Grubbing . 3. Lump Sum a per Lump sum. J, T-oo.oc� 3, Soo,as P—! ITLM AI'ROXIMATI ITEM MHTM UNIT PRICS UNIT TOTAL Poo. O�A#1TTTY WRITTs" IN WORW PRIca unclassified Excavation 4 2040 C.Y. �l,c �. _ .. - _ p e r u i c Yar3s . Construct P.C.C. Curb and Gutter , 5 1420 L.F . Ei ht inch Curb Face 2L & r- q0 )no er Linear Foot . ! .os _ Construct P.C. C. Curb and Gutter S ', inch Curb Face G ie per inear oot . Construct Eight inch V.C.P. Sewer 7 Lump Sum l�ia 'n and appurtenances Vol per Lump Sum. Construct Inter-Locking C ncrete 8 3380 S.F. Pavers S_04go& per Square oot . S.�d A? Construct Four inch P.C.C. Sidewalk an 9 9290 S.F. Wheelchair Ramps 1LIlk90 /do er Square Foot . Constr ct Barricade� '7. 10 47 L.F. - per Linear Foot . ' a. �.314 -w Install S Lights 11 3 EA, reet o0 o V Per Each. 3 Relocate Exi ting Street Lights 12 bump Sum 9' 'o 0 PET Lump Sum Ddd./o L5�nn - 13 5900 S. F. Coldplanins •�o �po er .-ware Foot. • Go 3, S�e P-2 (Tim �oklYATr ITEM 1"TH UNIT PRICE No. 011Ah1'{r11 WRITTEN IN"OR0E 111iCs •-•� Con ruct Asphalt ConcretePax-ement 14 1030 Tons - V Qo a per Ions . 36 977.- 3 C nstruct Crushed Aggregate Base 15 2010 Tons 001,(60 per ions . ✓ Adjust xistin Manhole to Finished 16 1 EA. Grade - 0o e r Each. ./ -oa Construct Ei ht Foot Co rete Cross 17 320 S.F. Gutter r6 bo per Square oot . Construct Concrete Drainage Structures 18 Lump Sum - -I- er Lump Sum Qdo a.e 7nnw Modify Traffic Signal @ Main Street 19 Lump Sum and Sixth Street (includes pull boxes and 3" galvanized pipe) . .Fl v 0Y1,40 TIC 0 oD. line LT Landscaping and Irrigation 20 Lump Sum 06 as r Per Lump Sum TOTAL ANfD[1I1T IN SCR0.S 12 P—a _ It is understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of fecWtating the comparison of bids and that the contractor's compensation will be computed upon the basis Of the actual quantities in the completed work,whether they be more or last titan those shown herein at the unit prices bid in the propoul schedule. The undersigned understands the contract time limit allotted for the contract is_. 75 calendar _ days. If evwrded the contract the undarslgned hereby egress to sign said contract and furnish the necozary bonds within tart (10) days of the award oY esid contract,end to begin work within ten (10)days from the We of approval of the con- tract by the City of Nuntington Beech, California. The undersigned has examined carefully the sits of the work contemplated, the plans and specifications, and the proposal and contract forms therefor.The submission of a bid shall be coodusive evidence that the bidder has investigated end is■tisfied at to the conditions to be encountered,as to the character,quality,and scope of work to be performed,the quarrtltim of noterials to be furnished, and at to the requirements of the proposal,plans,specifications,and the contract. Aecompanylog this proposal is Bidder's Bond" (s ), NOTICE: Insert the words "Cash," "Certified Check," or "Bidder's Bond,"at the cost may be,in an amount equal to at but i0 percent of the total bid price,payable to the City of Huntington Basch. the undersigned deposit&the above named security as a proposal guaranty and egress that it shall be forfeited to the City of Huntington Beach as liquidated damages In case this proposal is accepted by the City and the undersigned shall fail to execute a contract for doing acid work and to furnish good and sufficlant bonds in the form at forth in the specficatiom end contract documents of the City.with surety satisfactory to the City within 10 days afar the bidder bu received written notice of the ewerd of the torttract,otherwise old wourity shall bs returned to the undersigned. Licensed in aocordenee with an act providing for the registration of contract License No. #1538 "A" Sully-Miller Contracting Company _ J.D. Blair Assis nt - - ; Business Address 6145 Santiago Canyon Road Pace of Residents Orange, California 92669 Dated this day of June - .11i PR�_ lidder sMll signify receipt of all Addends here,N any: Addendum No. Date Received Sidde ' nature #1 June 3 • PROPOSED. INFORMATION REQUIRED OF BIDDER Bidder Is required to supply the following Information. Additional sheets may be attached If necessary. I. Firm Name: Sully--Miller Contracting Company 6145 Santiago Canyon Road 71q/639-1400 2. Address: Orange, California 92669 3. Telephone: 4. Type of firm—lndlvldual, partnership, or corporation: Corporation S. Corporation organised under the Iaws of the State of:. California G. Contractor's License Number: #. 1538 "A" 7. List the names and address of all members of the firm or names and titles of all officers of the corporation: (PLEASE SEE ATTACHED) 8. Number of years experience as a contractor In construction work: 65 years,_ 9. List at least six projects completed as of recent date: CONTRACT CLASS OF DATE AMOUNT WORK COMPLETED NAME, ADDRESS & PHONE NUMBER OF OWNER (PLEASE SEE ATTACHED) 10. List the name of the person who Inspected the site of the proposed work for your firm; Ken Homan, Estimator Date of Inspection: r,L 0 III. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other Information and references sufficiently comprehensive to permit an appraisal of his current financial conditlon. P—S SULLY-MILLER F!► t:{ 3000 EAST SOUTH STREET /P,O. BOX 5399 / LONG BEACH, CALIFORNIA 90805 / (213) 531.3550 1714) 639.1400 A.U..IDIAR♦ OP NOWPIER.CO.,INC. CONTRACTING CO, AUTHORIZATION TO EXECUTE BIDS, PROPOSALS, CONTRACTS AND PERFORMANCE BONDS In accordance with the authority vested in me 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 April 27, 1988, I, W. D. McCullough, President of Sully-Miller Contracting Company, hereby designate each of 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 behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in connection therewith, involving any amount not in excess of five million dollars in any one instance to the United States any of the States, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the departments, political subdivisions, agencies or wholly owned corporations thereof, or to any other person. .Chief Executive Officer/Chairman of the Board R. K. MacGregor President W. D. McCullough Vice President and Production Mgr. - Blue Diamond Materials Earl G. Anderson, Jr. Vice President & Manager - Los Angeles/Orange Co. Constr. Div. J. A. Berton Vice President & Manager - Northern Constr, Division D. E. Bosworth Vice President.& Manager - Blue Diamond Materials Division Robert E. Holland Vice President & Manager - Equipment Division R. W. Keith Vice President Finance/Controller J. 0. Pittman Assistant Secretary J. D. Blair Assistant Secretary D. E. Branch, Jr. Assistant Secretary John Clemente Assistant Secretary Dale 0, Durham Assistant Secretary Dale A. Lowe Assistant Secretary George Lubanko Assistant Secretary R. R. Munro Assistant Secretary J. L. O'Neal Assistant Secretary J. Co Wilson Assistant Secretary J. F. Winders Executed at Long Beach, California this 2nd day of May, 1988. WILLIAM D. McCULLOUGH President SEAL! wl.ir� WDMc:dt GENERAL ENGINEERING CONTRACTOR SINCE 1923 - ASPHALT i ROCK PRODUCTS MANUFACTURER CAL•STATE LIC. 1539 SULLY-MILLER 3000 EAST SOUTH STREET /P.O. BOX 5399 / LONG BEACH, CALIFORNIA 90805 / (213) 531.3550 (714) 639.1400 A .V..IOIAR♦ OP %DOPERS CO.,INC. CONTRACTING CO. AUTHORIZATION TO EXECUTE BIDS, PROPOSALS, CONTRACTS AND PERFORMANCE BONDS In accordance with the authority vested in me 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 April 27, 1988, I, W. D. McCullough, President of Sully-Miller Contracting Company, hereby designate each of 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 behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in connection therewith, involving any amount not in excess of five million dollars in any one instance to the United States any of the States, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the departments, political subdivisions, agencies or wholly owned corporations thereof, or to any other person. Chief Executive Officer/Chairman of the Board Re-R. MacGregor President W. D. McCullough Vice President and Production Mgr. - Blue Diamond Materials Earl G. Anderson, Jr. Vice President & Manager - Los Angeles/Orange Co. Constr. Div, J. A. Berton Vice President & Manager - Northern Constr, Division D. E. Bosworth Vice President t Manager - Blue Diamond Materials Division Robert E. Holland Vice President I Manager - Equipment Division R. W. Keith Vice President Finance/Controller J. 0, Pittman Assistant Secretary J. D. Blair Assistant Secretary D. E. Branch, Jr. Assistant Secretary John Clemente Assistant Secretary Dale 0. Durham Assistant Secretary Dale A. Lowe Assistant Secretary George Lubanko Assistant Secretary R. R. Munro Assistant Secretary J. L. O'Neal Assistant Secretary J. C. Wilson Assistant Secretary J. F. hinders Executed at Long Beach, California this 2nd day of May, 1988. i OIL -�� WILLIAM D. McCULLOUGH President SEAL WDMc:dt OENERAL ENGINEERING CONTRACTOR SINCE I9231 • ASPHALTS. ROCK PRODUCTS MANUrACTURER CAL-STATE LIC. 153E • PROPOSED INFORMATION REQUIRED OF BIDDER Bidder Is. required to supply the following Information. Additional sheets may be. attached If I. Firm Name: Sully-Miller Contracting Company 2. Address: 6145 Santiago Canyon Rd. , Oran e,CA 926693. Telephone: 714/639-1400 4. Type of firm-Individual, partnership, or corporation: Corporation S. Corporation organized under the laws of the State of: California 6. Contractor's License Number: #1538 "A" 7. List the names and address of all members of the firm or names and titles of all officers of the corporation: (PLEASE SEE ATTACHED) 8. Number of years experience as a contractor In construction work: 65 years 9. List at least six projects completed as of recent date: CONTRACT CLASS Of DATE AMOUNT WORK COMPLETED NAME, ADDRESS R PHONE NUMBER OF OWNER (PLEASE SEE ATTACHED) 10. List the name of the person who Inspected the site of the proposed work for your firm: Kan Hnman-�Stimat�r^ Date of Inspection: _ LP lL� ----- --__- I I. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other Information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-6 D, iNATION OF SUBCONTRACTOR In compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of busines's'of' each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or Improvement in an amount in excess of one—half (1/2) of one percent (196) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. If the contractor falls to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated In the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the Legislative Body of the owner. PORTION STATE LICENSE OF WORK SUBCONTRACTOR'S NAME AND ADDRESS NUMBER CLASS 61 7.57 By submission of this proposal, the contractor certifies: 1. That he Is able to and will perform the balance of all work which is covered In the above subcontractor listing. 2. That the City will be furnished copies of all sub—contracts entered into and bonds furnished by subcontractor for this project. P-7 • - r � -- Gu: dY.a.� RE UE FOR CITY CO NCIPACTI N Q U O Date May 8. 1988 Submitted to: Honorable Mayor and City Connell APPR4DvED By CITY COUNCIL Submitted by: Paul E. Cook, City Administrator , LK ---�--- Prepared by: - Les G. Evans, Acting Director of Pui)lic Works cirY Subject: Bid Results for the Realignment of Sixth Street between Orange v ue a Street; CC-712 Consistent with Council Policy? P(] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Fundinq Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Pursuant to Council authorization of March 21, 1988, bids were received on June 7, 1988 for the realignment of Sixth Street between Orange Avenue and Main Street. RECOMMENDATION: 1. Accept the low bid submitted by Sully-Miller Construction Cnrnpany and authorize the Mayor and City Clerk to execute an appropriate contrar_t in the arnnunt of $312,930.10. 2. Authorize the Director of Finance to encumber $5,000.00 for anticipated prnjert "incidentals." ANALY515: On March 21, 1988, the City Council approved the plans and specifications for the realignment of Sixth Street. Bids, as summarized below, were received and opened on June 7, 1988. Contractor Bid Amount Sully Miller $31Z,930.10 Excalibur Contractinq 322,969.99 Wakeham - Luker 332,233.00 Excel Paving 355,675.00 Clayton Engineerinq 337,262.00 Marnatt Construction 343,1 75.00 Nobest 390,240.10 Damon Construction 452,573.50 Staff has reviewed the bid proposals and recommends the acceptance of the Sully-Miller bid. The construction of these improvements will require "inr_identai" expenditures (i.e. soil testing, utility fees, etc.) of approximately $5.000.00; therefore, the Director of Public Works requests that Finance be authorirc:d to encumber these funds. FUNDING SOURCE: Contract Costs $312,930.10 "Incidentals" 5,000.011 ,r(7TAL $317-,930.10 PIO 5/85 13id Results for the Realignment of Sixth Street; CC-712 June 8, 1988 Page 2 Sufficient unencumbered revenues are available in Fiscal Account 7471 ZO (Gas Tax Funds) to cover construction costs, continc)Pricies, and project "incidentals", however, staff is not authorized to encumber funds for the "incidentals" without Council approval. 'Therefore, the Director of Public Works recommends that the Director of Finance be authorized to encumber $5,000.00 for the anticipated project "incidentals." ALTERNATIVE ACTION: Reject all bids. ATTACHMENTS: None PE(C:LE:US:dw 1h57g/2&3 0 DATE: June 7, 1988 - 2 pm ENGINEER'S ESTIMATE: $325,000.00 JOB AND CC NUMBER: 6TH STRF,.EP REALICNKWr; OC-712 BIDDERS NAME TOTAL BID AMOUNT 1. All American Asphalt 2. Blair Paving Company 3. Bruce Paving .3 4. Clayton Engineering 37 5. Damon Construction S 7 3. SD 6. Envi ronrrents Est 7. Excalibur Contracting 3 aiA 9 7 Cl.- -T 3 8. Excel Paving 3 3 5 9 -7 5-- 9. Griffith Coany 10. Inland Construction 11. McGrew Construction 12. Marnatt Construction 3 7 13. MDre Electrical any 14. Nobest Inoo rated 3 15. Precision Pavin 16. Ruiz Engineering 17. S and M Landscar>-- 1S. Savala 19. Shawnan 20. Steiny and Cmpany 21. Sully-Miller 22 VC-mon Paying 23. wakeham-Baker ,3 2 D. A 3 'RECEIVED CRY CLERK CITY OF HUNTINGTON BEACH, C;.11 . AN 2 oo '83 E L }.Ala 1ST N,� o Authorized s Pub itsh Adverlisements of all tnCludtn9 pubthc notices by Decree of the Superior Court of Orange County. C&wOrnia_ Number A-6214- dated 29 September. 1961. and A-24831- dated I 1 AinG 1963 STATE OF CALIFORNIA County of Orange P%-tK *o-.C. Ad-On',+w h:o.Wo0 e'r tM om4ft t togoA 1 PCO .nh 10 PKa cow—-K"h l am a Citizen of the United States and a resident of the County aforesaid. I am over tree age of eighteen years. and not a party to or Interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY t PILOT, with which is combined the i Plem NOTICE FMIC NOTICE NEWS-PRESS, a newspaper of general circulation, 111107iCE Each bidder must be IMVMMG 11ID8 licensed and also pre- printed and published in the City of Costa Mesa. I cc-712 qualified as required by iaw i Notice Is hereby given that The City Council of the Count of Orange. State of California, and that a sealed bids will be received City Of Huntington Beach re- -by I2 V i t i n g Bids 'Beach at City-of N6 office to gton serves the Orall ids right to reject any Notice of City Cie k'81 City Hall.2000 By the order of the City Mein Street. Huntington Council of the City of Hunl- Beath. California, until the Ington Beach,California the hour of 2-00 p-m-on June 7, 21 day Of March, 1988- 1988,at which time they will Alleta pfentWorlh, City of which copy attached hereto is a true and complete re cd and publicly and Ctark o1 nc City of Mane_ readd aloloud In the Council Mgfon 8trath copy, was printed and published in the Costa Mesa, Chambers for the of ii sitn. illy Pilot Orange Cosa! Imertt of 61h Street between Daly Pilot May 5, 12. 1988 Newport Beach, Huntington Beach, Fountain Valley, o Street.. rang Ave end Main Th-667 Engineer's Estimate: $325.000.In the City of Hunt- Irvine, the South Coast communities and Laguna ington Beau, Beach Issues of said newspaper for Two A set of plaru;, specifi- cations, and other contract documents may be obtained consecutive weeks to wit the issue(s) of on April 27. 1988 at the Do, partment Of Public works. 200o Main Street, Hunt- `" hilgtOn Beach. California, upon receipt of a non-retun- deble fee of S10-00- may 5 1 gg 8 the Propossall shell be made on the manner orovrded In the contract documents. and May 12 198 8 shall be accompanied by a certified or Cashier's check or a bid bond for not less than 10%of the amount of 199 the bid,made payable to the - Clty of Huntington 9esch. Labor Code of the State of Celdornta and Other laws of the State of Calitornie appal- 198 cable thereto, wlm the ex- WI-on only of such veri. ations that may be requiroo . under-the special statutes - - 198 pursuant to welch prooeed- rr►gs hereunder are taken and which have not peen auparEeded by the provisions of the Labor I declare, under penalty of perjury, that the Code preference to labor shall be given only in the foregoing is true and correct, manner provided by taw_ NO bid span be considered unless it is made on a form furnished by the City of Huntington Beach and is Executed on May 12 198 8 made in accordance wrath the, provislons of trio proposal at Costa Mesa, California. requirements Signatures PROOF OF PUBLICATION NOTICE INVITING BIDS C C- 7I oZ 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, e_ 7 19W at which time they will be opened publicly and read e9oud in the hel Council Chambers for the BE4LIG4/I1E4lT cap' Ere gel-A-ram•✓ 01f,4V(F&_ eQ s�✓�_ ! 12L /i✓ _ ,&A9 iVEEP'.F EST//ylAl'f 32 sroao in the City of Huntington Bbach. A set of plans, specifications, and other contract documents may be obtained on #Aelz 27, - 1988 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of S O 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 2 of / IA4-r-4 198 8. Alicia Wentworth City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 032BG i • TY COUNCPACTION 19 Tnworable Date Feb Submitted to: Ma :AdMirListrator SY eovA,caL Submitted by: . Cbok, City Prepared by: Les G. Evans, Acting Director Public works ..._............................ ......,^ Subject: REALIGM&EN ` OF 6M ST=/SEFEEN ORANGE AVMUE IND.MWIT47M - - `-"at Consistent with Council Policy? [X] Yes t ] New Policy or Except n 1 13AI101) x t.t11) Alt (12A0Z 1a, Statement of Issue, Recommendation,Analysis, Funding Source,Altemative Actions,Attachments: STATOvUW OF ISSUE: Plans and specifications for the Realignrent of 6th Street, between Orange Avenue and Main Street, have been prepared and are now oor>plete. RECCxT ENDATION: 1. Approve plans and specifications and authorize Staff to solicit bids. ANALYSIS: On July 20, 1987, City Council appr ved an agreement between the City and R M G Eng:n- eering for engineering services for the realignment of 6t1 Street, between Orange Avenue and 14ain Street. f Circulation Elerrent Amendment Number 84-1, which established this general alignment, is covered by Negative Declaration Number 84-14 as per the California Envirormental Quality Act. FUMING SOURCE: The preliminary cost estimate for the project is $300,000.00. Sufficient funds are available in Gas Tax Account #747120, for this project. ALTERNATIVE ACTION: Not to proceed with the project. ATTACHT-=S: Plan of the Precise Alignment of 6th Street, between Orange Avenue and Main Street. IGE:US:ik Plo 5/85 �� ! i � MCCK zo5 c� I '\ MUWK o) MrTh m r G 1c) BLOM 404 X7 REVISIONS REFERENCES f-- CITY Of HUNTINGTON BEACH