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SULLY-MILLER CONTRACTING COMPANY - 1991-07-01
H CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNnNGTON BEACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES M1 Accounting & Records Subject 10% RETEN ION PAYMENT Date CC O� The conformed copy of the Notice of Completion for the above contract has been filed. The thirty—five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VI LELLA Director of Finance I certify that no stop notices are on file on the subject contra at this time. Date:0,7 ' _ - LOUIS F. S NDOVAL Public Wor Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: Z CONNIE BROCKWAY City Clerk I certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer 0574J Pg@$ Lien Nt : WHEN RECORDED MAIL TO: *$ RECORDING REQUESTED Other $ BY AND MAIL TO to CITY OF HUNTINGTON BEACH Reo.Fees $ D.T.T. Office of the City Clerk PCOR P. 0. Box 190 SMF Huntington BedCh. Calif. 926AP RDE-8 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 Co. , Don Lowe, Project Supervisor, 6145 Santiago Canyon Road, Orange, CA 92669 who was the company thereon for doing the following work to-wit: Resurfacing and reconstruction of Garfield Avenue between BEach Boulevard and Main Street, CC-806. Owner: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Site: Garfield Avenue between Beach Boulevard and Main Street Nature of Interest: Easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and completed and that said work was /accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 3, 1992 That upon sa i d contract "the Seaboard Surety Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 4th day of February 1992 City Clerk and ex-offici 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 4th day of February 19 92 . 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' rk Sec. 6103 and should be recorded of the City Council of the it:y ftee of charge. of Huntington Beach, 0alifurnia WHEN RECORDED MAIL TO .p 6 00.9 0 �l9 i- - � , C,oN , ORMED COPY -APw LITY OF HUNTINGTON BEACH �_ JnA-' ,,� R $ Office of the City Clerk Not Compared with Original P 0 Box 190 $ Huntington Beach Calif 926AP 92 07770� 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 Co., Don Lowe, Other $ Project Supervisor, 6145 Santiago Canyon Road, Orange, CA 92669 gealFeea who was the company thereon for doing the following work to-wit D T T PC OR Resurfacing and reconstruction of Garfield Avenue between Beach Boulevard and Main SMF RDE-8 Street, CC-806. Owner City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RECORDED IN OFFICIAL RECORDS Site Garfield Avenue between Beach Boulevard and Main Street OF ORANGE COUNTY,CALIFORNIA3:30 Nature of Interest: Easement P.M. FEB 7 1992 That said work was completed by said company according to plans and specifications ca 12•`/3t4* Recorder and to the satisfaction of the City Engineer of the City of Huntington Beach and completed and that said work was/accepted by the City Council of the City of Huntington Beach dt a regular meeting thereof held on Monday, February 3, 1992 That upon said contract the Seaboard Surety Company was surety for the bond given by the said company as required by law Dated at Huntington Beach, California, this 4th day of February 1992 City Clerk and ex-officijVClerk 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 4th day of February 19 92 This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk ai I ex-officio C rk Sec. 6103 and should be recorded of the City Council of the ity flee of charge. of Huntington Beach, California c , City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-806 Garfield Ave-Main to Beach Project No. TI;Ele 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 ` -J.D. Blair, Assistant Secretary DECLARATION OF SATISFACTION OF CLAIMS I , J.D. Blair , state: game 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 Garfield Ave.-Main to Beach and dated 7/10/91 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 c' the State of California: ( if none, state "NONE' ) I declare under penalty of perjury that the foregoing is true and correct. Executed at Orange, CA on this 6th day of February 1922,. 4 14 gnature of Contractor) CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from City of Huntington Beach (Maker of Check) in the sum of S 8,522.28 payable to (Amount of Cheek) Sully-Miller Contracting Co. and when the check has been (Payee or Payees of Check) properly endorsed and has been paid by the bank upon which it is drawn, this docu- ment shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of located at (Owner) Garfield Ave.-Main to Beach (Job Description) This release covers the final payment to the undersigned for all.labor, services, equip- ment or material furnished on the job, except for disputed claims for additional work in the amount of S 0 Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: 2/6/92 Sully-Miller Contracting Co. (Company Name) Job 240200C By .D. Blair (Title) Assistant Secretary I i X 531 REQUEST FOR CITY COUNCIL ACTIO ('� )DPW February 3, 1992 Date Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: ��Q�MMi�ichael T. Uberuaga, City Administrator 19_9AR Prepared by: 6"Louis F. Sandoval, Director of Public Works Z5� 0 0i C94OZ CIT Subject: PAVEMENT REPAIRS AND ASPHALT OVERLAY ON GARFIELD AVENUE BETWEEN BEACH BOULEVARD AND MAIN STREET; CC-806 Consistent with Council Policy? [x] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: Sully—Miller Contracting Company has completed the construction street improvements along Garfield Avenue between Beach Boulevard and Main Street; CC-806. RECOMMENDATION: Accept the improvements and authorize the City Clerk to file the Notice of Completion. ANALYSIS: On July 1, 1991, the City Council awarded a contract to Sully-Miller Contracting Company to repair and overlay asphalt on Garfield Avenue. The construction of these improvements is now complete, per the approved plans/specifications and therefore, the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of contract cost: Council Approved Actual Expenditures Contract Amount: $93,282.80 $85,222.76 Project Change Orders (10%) 9,300.00 -0- Project Incidentals 4,500.00 2,000.00 ** estimate Total $107,082.80 $87,222.76 * Contract amount reflects actual quantities placed on project. ** Final testing costs are not in as of this date. FUNDING SOURCE: Sufficient city gas tax funds were budgeted for Garfield Avenue Rehabilitation project in Account Number E-SF-PC-806-6-32-00 to cover construction costs, project change orders and project "incidentals". l,1 l � Pt0 5/85 i Pavement Repairs & Asphalt overlay Garfield; CC-806 February 3, 1992 Page 2 This was a cooperative project with the Orange County Transportation Commission through the Orange County Unified Transportation Trust Fund (OCUTT) program. Their share of project costs is $46,600.00. ALTERNATIVE ACTIOL�1: Not applicable. ATTAC NTH: None MTU:LFS:RAM:dw 3160g/4&5 I have received the Maintenance Bond for Sully Miller Contracting Company for reconstruction & resurfacing Garfield btn Beach Blvd. and Main Street, Project CC-806, on behalf of the Treasurer's Office. BY Datedfl �11M 1lO-1lM-s-71 ' SEj 4ARD SURETY c6K4PANY HOME OFFICE: NEW YORK. N. Y. BOND NO. 232135-91 APPROVED AS TO FOrx� HIAINTENANCE BOND GAIL 1IUTTON CIT�&AIT By: KNOW ALL MEN BY THESE PRESENTS: Deputy City thorn That we, SULLY-'ilil.FR akWCMG aWANY , 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 CM OF [WNPIN= BEAQI in the full and just sum of LRM T1RFE TIRUSA D � 11MED EIGInY TIREE no/100 DOLLARS ( $ 93,283.00 ) , lawful money of the United States of America, to be paid to the said _Cr1Y DE lumIIcm BEAGI I, 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 26th day of JULY ,1991. W11EREAS, the above-bounded Principal entered into a contract with the 'CM OF IiiUrDL-ION BEAQ1 dated �AiJ= 1_3.,1991 for SMEEr EMM= TO GARFIRD_AVE,-MAIN 2U BFAQI._ NOW, THEREFORE, the condition of this obligation is such that if the above-bounded Principal shall remedy without cost to the said CM OF 1UNTIIMW BE'11Qi � 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 sucl) 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 WIIF.REOF, the said Principal anti Surety have duly exe- cuted this bond under seal the day and year above written. A ;S : PRINCIPAL: SULLY-mnM aXMACr= 0"ANY BY: 91fed, _ GEC H. LJWM, ASSISTANT SDOUMMY ROBERT E. 10-JAM, VICE MESIDWr SEABOARD SURETY COPIPANY WITNESS: BY: 11 S. RIUA, ATT NEY IN FACT r .1 t v &AM SURB'tYc � �r �}nn ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY QQQQ 18 10- -OW 11053 POWER OF ATTORNEY _ I(NOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York ha rneee. constituted and appointed and by these presents does make, constitute and appoint Joseph S. Piela of Irvine, California its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings ant_ other instruments of similar nature as follows: Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by theafo�esact Attorney-in-Fact,shall be binding upon the said Company as fully and to the same extent as if signed by the duty autho-t= officers of the Company and sealed with its corporate seal;and all the acts of said Attorney-in-Fact, pursuant to the aut 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`sai Company on December 8th, 1927,with Amendments to and including January 15,1982 and are still in full force and effe_cE ARTICLE VII,SECTION 1: _ -Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and Instruments relating thereto. Insurance policies,bonds,recognrzances,stipulations,consents of surety and underwriting undertakings of the Company,and releases,agreementsancot writings relating in any way thereto or to any claim or loss thereunder,shalt be signed in the name and on behalf of the Company 1 (a) by the Chairman of the Board,the President,a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary a Reside 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-€ 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__f The seal of the Company shall if appropriate be affixed thereto by any such officer,Attorney-in-Fact or representative." _J IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of €- s Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries,this ..$ day of.-''-"".J.U.I. - �S6REry Attest: SEAR RD SURETY COMPANY, -- 1927 CL Assistant SeCreta Vice-Fir STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this .........$th.---........ day of ........ ......July..-'---- ' -----'-- --'--------- ---------_-------------. 19.9.2...... before me personally appeared;__ .............M_.,QhAel_..$.....Keegan ----------------'-'''•. __ aVice-President of SEABOARD SURETY COMPANI - with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of New...Jersey that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed theforectoi`_ instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corpo atI-0- that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-Presiders = said Company by like authority. u FELICE M. Zljl3M CKI NOTARY PtJCL!C OF 4 -?SE`! Seal - _ Oop` My Commis`;ion E.%pn'�s.,uiic , 13M ... - ' - - r suet; - Nota ry MEW'�. CERTIFICATE. ' =r 1.the un ersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the for egat 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 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-Laves SEABOARD SURETY COMPANY. s This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Boars€ ` 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 or aft= 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,herebyjj authorized and approved." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this== ClQC S0 R E repo 26 th ..... day of -------------JULY ...-'-.... 19.....91 1927 ... a-Aa ,... . - - �;, et Assistant Secretary FOFREN�y Form 957(Rem-1 °er ro she Power I have received the Faithful Performance Bond and the Labor and Materials bond for Sully Miller Constracting Co. , reconstruction & resurfacing Garfield btwn Beach Blvd and Main St, CC-806. on behalf of the Treasurer's Office. Dated By: v + Faithful perfare.once Band BOND NO. �JL1JJ—Jt :-; Premium: 4672.00 wS.�L''AllO,11{D �UitL•'T1 �A�II'ANil 110.%IE OFFICFF,NEW YORK CITY,N.Y. CONTRACT FOND (Falthral Performasce) KNOW ALL MEN BY Till?.SF PRESENTS: That we, SULLY-MILLIR CONTRACTING COMPANY on ptisclpal,wad The SEAIIOARD SURETY COMPANY. a corporation duly organized and doing busisess under mad by virtue of the laws of the State of New York,mad duly licensed for The purpose or making,guaranteeing or becoming sole sorely upon bonds or snderlakingx required at authorised by the laws of the said State,as Surely,are held and firmly bound unto the City of Huntington Beach (heretasker called the Obligee), b the sum of ninety-Three Thousand Two Hundred Eighty-Three and 00/100 DOLLARS (193,283.00--- ) (ot the payment whereof well and-truly to be made we and each of ve bind ourselves,our heirs,executors,administrators, successors and @%Aprs,jointly and severally,firmly by these presents. TItF CONDITION OF THE ABOVF OBLIGATION IS SUCIS T'IIAT,WIfEREAS,the above bounden principal has entered into a contract doled July 26, 199i with The said City of Huntington Beach to do and perform the lotlowing work to-wit: Street Improvements on Garfield Avenue Main Street to Beach Boulevard Cash Contract 806 APPROVED a CAIL HUTTON ! CITY ITTWit Sri [� a capr of whirr contract Is at afar be alwhad hereto.and Is hereby referred to and made a parth�erea(. NOW.THEREFORE, if Be above bounden principal shall well and truly perform the work contracted to be performed cadet said contract, then this obligation to be null and void;otherwise to remain in full farce and effect.No right of action shall @cove under this bond to or for the use of any person other than the said Obligee. SIGNED AND SEALED this 26 th day of July _ A.D.. 14 91 SULLY-HILLER CONT1t CTING COMPANY By Geoffe M. Lu as o, Assistant Secretary SEABOARD SUP, Y COF[P U, Y ife—n--e—Lau Attorney-rrt• scl. Ian"lax L. 6 M. BOND Pu6hc Work—Ca►ifornia 232135-91 Government Code BOND NO. Premium: Included in the Faithful Performance Bond SEABOARD SURETY COINIPANY HOME OFFICE,NEW YORK CITY, N.Y. LABOR AND MATERIALS (Public Rork — 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 Slate,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 reciting 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 Ninety—Three Thousand Two Hundred Eighty-Three and 00/100 ---------- DOLLARS ($ 93,283.00----� 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 July 26, 1941 with the City of Huntington Beach, to do and perforrcl the following work,to wit: Street Improvements on Garfield Avenue Main Street to Beach Boulevard Cash Contract 806 APPROVED AS TO FORM:, GAIL HUTTON CITY AT By: G Deputy City AttornPv 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 IS.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 fife 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 26th day of July A.D., 19 91 SULLY—M ER CONTRYJING COMPANY By: L Gecrrge M. Lubanko, Assistant Secretary SEABOARD SUR Y COMP L By Irene Lau Attorney-in-Fact FORM 401 5/74 _ r! a R } CERTIFICATE OF INSURANCE , { _ 1 7 c 91 "°�'RODUCER THIS CERT{FICATE iS ISSU£b AS A MATTER OF INFORMATION ONLY AND CONFERS NO = RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERT{FICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLJCJE5 BELOW. Arthur J. Gallagher Sc Co. 12221 Merit Drive, Suite 670 Dallas, TX 75251 Companies Affording Coverage Company A Zurich Insurance Company Letter INSURED Loner Co parry 13 jSully-Miller Contracting Company Company C 3000 E. South St. Letter Long Beach, CA 90805 LCeotmepany D Company E Letter COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSI RANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHKH THIS CERTW-V— WAY BE WZUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLJMS DESCRIBED HEREIN IS SLBACT TO ALL THE TERMS.E)(CLl1SIONS,AND C ONDFTIONS OF =. POOODES LIMITS W AY HAYE DEEN REDUCED DY PAID CLAIM CO TYPE OF INSURANCE POLICY NUMBER POLICY FFFtCnvE POLICY Ltr pA�Iy,tgDnyl ay ALL LIMITS IN THOUSANDS IRATION DATE (#AALMWI General Uabillty GENERAL AGGREGATE tlo,o00, I A 0Commercial General Liability CGL 1423786 4-1-91 4-1-92 PROOLCMCOUPIOPS AGGREGATE sio.000, ©claims Mado ®OCCUrrmw PERSONAL AovERT$ING INJURY ❑Owrws dk Contractors Pro �sJractn EAGN DCZ(JRRENGE is,000, fIRE DAMAGE(ANYONE FIRE) MEDICAL EXPENSE ZANY ONE i5,PERSON) Automobile Liability S5.0001 "` "� A. s A in Any Auto TAP 1423787-TX r - 4-t-91 4-t-92 p AnOwTbd Autos BAP 142378S-01S sod 0Schvdubd Autos 'fiIyr ryry 'w. el F{i[ed Autos ®Non-owned Autos APP OS ED AS TO FORM:. eoe�wijY ❑Garage Liabilay GAI HUTTON CIT." ATTORIEY ►,ossertr ": f` Excess LJability l? puty City A .fornA9 x s.. Each A$9ro9.nu .. £: occurrence Umbretla Form 00w Than Umbrella Farm Sell Insured by State Statutory tku his Ek:: 14 Workers' Compensation ' ` .v �� of California Cert. Continuous Coverage s (Each Aeelacne Employers' Uability No. 1130 s Disease-Potic Limit) 1 Disease Each Employee) Other Description of OperatlonslLocationsNehicles/Special Items Street Improvements on Garfield Avenue, Main Street to Beach Boulevard, Cash Contract 806. Please See Additional Insured Endorsement. h :, a -a, rCERTIFICATEDEft . t.>• '..4., CANCELLATION .. City of Huntington Beach <: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Public Works Department E.1= ExpiwioN DATE THEREOF.THE tSSUINQ COMPANY WILL B}1rX]MK=MAIL 30 DAYS z_j WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED To THE LEFT. &KAN*LXF 2000 Main Street Huntington Beach, CA 92648 IIxJxszlR AuthgwWd Representative C-Qt AJG 6/86 POLICY NUMBER: GL01423786-02 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement;modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE RE: Street Improvements on Garfield Name of Person or Organization, Avenue, Main Street to Beach Boulevard The City of Huntington Beach, Cash Contract 806 its officers, agents and employees and all public agencies as determined by the City are additional insureds as respects Sully-Miller Contracting Company's operations only. (If no entry appears above.information regafred to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule. but only with respect to liaality arising out of"your work"for that insured by or for you. OAuthorizeXdR presen r Live 7/26/91 td 10/10/89 CG 20 10 1185 Copyrignt. Insurance Services Office, Inc.. 1984 C. THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR -, g;, TO YOI C Nuh 3130 gP1'RC VJTTO1 CA IL CITX city Attorney Deputy CERTIFICATE OF CONSENT TO SELFmINSURE THIS IS TO CERTIFY, That' SULLY-Mn= CORMAMNG MO TA SY��,C i�1 f orn�a corpora�itZa) � 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 e i sate may be revoked at any time for good cause shown.* EFrxerives DEPART ENT OF INDUSTRIAL•FiLELATIONS r OF�:7Ht± STATE OF AL.iFORNSA TN�ISt AY OF JW 1D 78 , sr ' lJ[ALA VIAL Die[cTe• . N RICH M Q[ l[ SreON MANAGER •R fev o r 'bcate—"A certi caattee oofll consent 7 to self-insure lYmay be revoked by the Director of Industrial Relations at any time for Food cause after a hearing. Good cause includes, among other two the impairment of the soivency of such employer, the liability 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 is t matter of Practice and custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them to resort to proceedings a amst the employer to secure the compensation due; (b) Discharsing his compensation obligations in a dishonest manner; (c) Discharging his compensation 0 gations in sucL a runner as to cause injury to the public or those dealing with him." (Section 3702 of Labor Coda) The Certificate may be revoked for noncompliance with Title 8 California Administrative Code, Croup 2—Administration of Self-Insurance. *Supersedes Certi?irate No. 0048-E, issued to SULLY-MILLER GOITMACI'ING COMPANY on August 22, 1973 and Certificate No. 1130 on October 1 1 6 . �. Fomm A.A.10 .6=-13 .-To omoQO o[r J 4.:u2.e L CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SULLY MILLER CONTRACTING CO. FOR RESURFACING AND RECONSTRUCTION OF GARFIELD AVENUE BETWEEN BEACH BOULEVARD AND MAIN STREET IN THE CITY OF HUNTINGTON BEACH (CC-806) TABLE OF CONTENTS # TITLE PAGE(S) 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 - 4 SPECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF PROJECT 4 ' 5 . TIME OF THE ESSENCE 4 & 5 6 . CHANGES 5 7. NOTICE TO PROCEED 5 & 6 8 . BONDS 6 9 . WARRANTIES 6 10 . INDEPENDENT CONTRACTOR 6 & 7 11. LIQUIDATED DAMAGES/DELAYS 7 & 8 12 . DIFFERING SITE CONDITIONS 8 & 9 13 . VARIATIONS IN ESTIMATED QUANTITIES 9 & 10 14 . PROGRESS PAYMENTS 10 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17,. -WAIVER OF CLAIMS 11 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 & 12 19 . WORKERS ' COMPENSATION INSURANCE 12 & 13 20 . INSURANCE 13 & 14 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 14 & 15 22 . DEFAULT AND TERMINATION 15 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 16 24. NON-ASSIGNABILITY 16 25 . CITY EMPLOYEES AND OFFICIALS 16 i TABLE OF CONTENTS .1 TITLE PAGE(S) 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 16 27. IMMICRATION 17 28. NOTICES 17 29. CAPTIONS 17 30 . ENTIRETY 17 CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SULLY MILLER CONTRACTING CO. FOR RESURFACING AND RECONSTRUCTION OF GARFIELD AVENUE BETWEEN BEACH BOULEVARD AND MAIN STREET IN THE CITY OF HUNTINGTON BEACH (CC-806) THIS AGREEMENT is made and entered into on this 13th day of As;gus , 1991, 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 resurfacing and reconstruction of Garfield Avenue between Beach Boulevard and Main Street in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the Parties covenant and agree as follows: 1 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 1 1, unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses 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: PLAN&-AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY, except as specified herein. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement, except that if there exists any conflict between the terms of this Agreement and 2 the bid or proposal of CONTRACTOR, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; -61 D. The 1988 edition of WorksConstrpction, 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 3 case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department: of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Agreement shall control and nothing herein shall be 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 NINETY THREE THOUSAND, TWO HUNDRED EIGHTY THREE DOLLARS AND EIGHTY CENTS ($93,283 .80) , as set forth in the Contract Documents, to be paid as provided for in Sections 1, 6, 13 and 14 herein. 4 . COMMENCEMENT QF__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 Sixty (60) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein. 5. TIME OFES5ENCE 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. 4 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete control of the premises on which 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 5 the bid or proposal of CONTRACTOR, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 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 XL9 installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for 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 Two Hundred Fifty Dollars ($250.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in Section 4 7 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time 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 E 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 8 CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. (1) Jjotice 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; 9 (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 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 10 and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 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. 11 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 forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement, except as otherwise provided herein. 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those arising out of death or injury to CONTRACTOR' S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, including those arising from the 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 12 defense or attorney' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to California Code of Civil Procedure §1021. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code §1861, CONTRACTOR acknowledges awareness of §3700 et seq. of said code, which requires every employer to be insured against liability for .workers ' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers ' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100, 000) bodily injury by accident, each accident, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred and Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. 13 CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars (1, 000, 000) per occurrence limit . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive 14 its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be 15 cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make 16 good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code §1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. 17 CITY may charge an administrative fee of One-Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. §1324a regarding employment verification. 28 . NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR or to CITY'S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows : TO CITY: TO CONTRACTOR: Mr. Louis Sandoval Don Lowe, Project Supervisor Director of Public Works Sully Miller Contracting Co. CITY OF HUNTINGTON BEACH 6145 Santiago Canyon Road 2000 Main Street Orange, CA 92669 Huntington Beach, CA 92648 29 . CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 18 30 . 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. SULLY MILLER CONTRACTING C HUNTINGTON BEACH-,-.- . COMPANY Munic al Corp ration of e to a of Cal ornia By: Its :—Dale Jl"Owe/Assistant Secretary Mayor By: 6az L/2&"'Z Its• Bob Holland, Vice President ATTEST: APPROVED AS TO FORM: City Cleric t,� Attorney REVIEWED AND APPROVED: INITI tTEDAND tRA0V -.-. '. AityAdministrator Director o Tblic Works 19 D PcJ REQUES f FOR CITY COUNCIL ACTION Date July 1, 1991 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrator 7 1 19 Prepared by: 991I ouis F. Sandoval, Director of Public Works ctry c Exg OF Subject: Bid Results for the Street Improvements on Garfield Avenue between Beach Boulevard and Main Street; CC-806 Consistent with Council Policy? }t ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: 6k- STATEMENT OF ISSUE: On May 20, 1991, City Council authorized a call for bids for the reconstruction and resurfacing of Garfield Avenue between Beach Boulevard and Main Street, (CC-806). RECOMMENDATION: 1. Accept the low bid and award the contract to Sully- Miller Contracting Company, 6145 Santiago Canyon Road, Orange, California 92669. 2. Authorize the Director of Public Works to expend $107,082.80 to cover contract cost of $93,282.80, estimated construction contingencies of $9,300.00 and anticipated "incidental" expenditures of $4,500.00. ANALYSIS: The total project was estimated at $163,980.00. Bids were received on June 13, 1991 and are listed below in dollar amount: 1. Sully- Miller Contracting Company $93,282.80 2. R.J. Noble Company 96,161.40 3. Excalibur Contracting, Inc. 100,389.20 4. Clayton Engineering, Inc. 107,650.00 5. Griffith Company 111,929.80 6. Excel Paving 115,281.94 7. Vernon Paving Company 115,281.94 8. Silvia Construction, Inc. 124,157.90 FUNDING SOURCE: Contract Amount $ 93,282.80 Project Contingencies 9,300.00 Project "Incidentals" 4,500.00 TOTAL $107,082.80 This is a cooperative project with The Orange County Transportation Commission through the Orange County Unified Transportaion Trust Fund (O.C.U.T.T.) Program. a J PIO 5/85 Garfield Avenue - Bid Results ' July 1, 1991 Page 2 EUNDINQ SOURCE: (Cont'd.) Fifty Percent (50%) City Gas Tax and Fifty Percent (50%) OCUTT funds for construction with Incidentals to be equally divided once determined. OCUTT funds will be budgeted in account number E-SF-PC-806-6-32-00 in Fiscal Year 91-92. ALTERNATIYE ACTION: Postpone the project. ATTACHMENT Vicinity Map MTU:LFS:RAM:dw 2978g/S i I I i - sac sw V r~1 a � ra..urr p v :ATtR � � lftl�Ir 0 civic lLL,f CANTER t z � GAR K/!LD r 4 s "XX r0 wA/ /dt.►L z {?t�1C�E�d �.V E /.•..vu...a�ar/s t a Lv b ININO '� g � M N N ST Z. ova.r/c ro v 1 PROJECT LOCATION MAP j DATE: ' Jt'i 13, 1991 - 'Thursday G a[p RECEIVED BY: C r rer s Office ENGINEER'S ' STh ATE:: , 163,980 F�Za= Emi= Robert y ; JOB AND CC NUMBER: GARFIELD AVEN[]E RECCNSawcTICN/M--SURFACING Between rain Street and Beach Boulevard BIDDERS NAME RANK TOTAL BID AMOUNT - c 1. All American Asphalt $ $ 14V 71 2. Clayton Engineering sD 3. Excalibur Contractors $ 3 4. Excel Paving $ 5. Griffith Company 6. Manhole Adjustment Cary-any $ - 7. Marina Contractors $ B. R. J. Noble $ 9. Pavement Recycling System $ 10. Raiz Engineering $ E 9a 11. Silvia Construction $ 12. Sully Miller : $ , 'S 13. Vernon Paving $ SAFECO INSURANCE COMPANY OF AMERICA CLAYTON ENG., INC. GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY 'SAFECO J U N — 7 ,ll9{ OF AMERICA � 1 HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 58185 cRECEIVEI Bond No.:5510107 CLAYTON ENG.. INC. JUN - 7 1991 BID BOND RECEIVED KJVOW ALL BY THESE PRESENTS.That we, Clayton Engineering, Inc. of Laguna Hills (hereinafter called the Principal). as Principal,and SAFECO INSURANCE COMPANY OF AMERICA(hereinafter called the Surety),as Surety,are held and firmly bound unto tuitjngton Beach (hereinafter called the Obligee)in the penal sum of Ten Percent of Bid Amount__________ Dollars(S 10%=-- ) fur the payment of which the Principal and the Surely bind themselves,their heirs.executors,administrators,successors and assigns.jointly and severally,firmly by these presents. � 7tIC CONDITIC.Y OF THIS OBl.ICa I'lO.YlS SL CN. That WHEREAS. the Principal has submitted or is about to submit I a proposal to the Obligee on a contract for Garfield Avenue Reconstruction and Resurfacing Between Beach Boulevard and Main Street. _ NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall,within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract. then this obligation shall be void;otherwise to remain in full force and effect. Signed and sealed this bth day of June Ig 91 Clayton Engineering, Inc; -.. (Seal) Principal Witness Ste en M. Hurow, V.P. Title SAFECO INSURANCE COMPANY OF AMERICA By f y h yde, Attorney-in-Fact PRINTED IN U.S.jk 5.33 Ra 1 t/75 POWER SAFECO INSURANCE COMPANY OF AMERICA rA OF ATTORNEY HOME:OFFICE:SAFECO PLAZA SEATTLE.WASHINGTON 98185 sAFFco No. KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint JEFFREY R. GRYDE; JEANETTE A. FEDERICO; San Clemente, California---------- its true and lawful attorneys)-in-tact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents this 12th day of March , 1991 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V.-Section 13. -- FIDELITY AND SURETY BONDS . . .the President,any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-factor under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V.Section 13 of the By-Laws,and Iii) A copy of the power-of-attorney appointment.executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws.the Resolution and the Power of Attorney are sti!l in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seat of said corporation - this 6th day of June .19 91 S 1 X01115 3 86 POINTED IN U S A r INDEMNITY COMPANY of CALIFORNIA BID BOND nON0 NO._.50103-r89 ( KNOW ALL LWN RY TI IFSF PnF.SFN 1 s. That we, EXCA_LI_BU_R CONTRACTING,_INC.__,_,_ as Principal,and INDFK4N1TY COfi4PANY of CALtFOnNIA,a coeporalion aulhori>'r•".r to transart a Unnerat surely business ill r the State. of Gififornfa,as Surety,are hefd and firmly bound unto CITY OF HUNIIWx- BEACH 11te.reinafter called tree Obli(re) in live full and just stem of TEN PERCENT OF THE kmOUNT OF n_C2T&MNr, BTID**** _ [Dollars, t3 . _107, OF BID*** I for lire payrnent.whereof in lawful money of the United States.we. !rind omte•lves.our Irnirs,arinninistrators,errecnrtors,sucressms And assiyr►s,jointly and severally,firmly by fi►esn presents. WI lFrtF-AS, the swirl PnlN6f AL has submitted llte arrornpanying bill fill STREET IMPROVEMENTS e. NOW,T11Ert ono, if it,,,stm contract bn lim ely awarded to the Principal and the Principal shall.within such limn aq may bl,. specified,enter into the contract in writing,and give bond,with surety acceptable to the Ohligne for the faithful per- formance of the said contract,then this obligation shall be void;otherwise to renrain ill full lotto and effect. Segued and Scaled this LOTH day of JUKE 19 91 IN I 1N LIFOINIA EXCALIBUR CONTRACTING, INC. rrir,cit.+t MICHA L A. UIGL! Attnnrry it,f r,rr r* rr•r:�nl nr v e•ee � POWER OF ATTORNEY OF NO 071349 INDEMNITY COMPANY OF CALIFORNIA • �. AND DEVELOPERS INSURANCE COMPANY P.O.BOX 19725.IRVINE.CA 92713 a (714)263-3300 NOTICE: 1. All power and authority herein granted shall In any event terminate on the 31st day of March,1992. 42. This Power of Attorney is void If altered or if any portion Is oresed. 3. This Power of Attorney is void union the seal Is readable.the text It In brown Ink,the signatures are In blue Ink and this notice is In red ink. 4. This Power Of Attorney should not be returned to the Attorney(s)-In.Fac%but should remain a permanent part of the obligee's records. KNOW ALL LIEN BY THESE PRESENTS.that.except as expressly Ilmited•INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY.do each severalty,but not jointly,hereby make.constitute and appolnt ***MICHAEL D. STONG, MICHAEL A. QUIGLEY, CARRIE L PRICE, JOINTLY OR SEVERALLY*** Me true and lawful Attorney{sl-ln-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties•bonds.undertakings and contracts of suretyship In an amount not exceeding One Million Five Hundred Thousand Dollars IS1,S00,000)in any single undertaking;giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each at said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and ail of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. The outhorRy and powers conferred by this Power of Attorney do not extend to any of Me fblfawing bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds.mortgage guarantee bonds.guarantees of Installment paper,note guarantee bonds,bonds on financial institutions,lease bonds.Insurance company qualifying bonds,sell-Insurees bonds.fideiity bonds or bail bonds. This Powerof Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted bythe respective Boards of Directors of IN DEMNITY COM PA NY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24.1988: RESOLVED,that the Chairman of the Board.the President and any Vice President of the corporation be.and that each of them hereby is.authorized to execute Powers of Attorney, Qualifying the attorney(s)named in the Powers of Attorney to execute.on behalf of the corporation,bonds,undertakings and contracts of suretyship,.and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby Is,authorised 10 attest the execution of any such Power of Attorney; RESOLVEO,FURTHER,that the signatures of such off kers may be affixed to any such Powerof Attorney or to■nyConiftcate relating thereto by facsimile.and any such Powerof Attor. ney orrertlficate bearing such facsimile signatures shall be valid and binding upon the corporation when ao affixed and in the future with respect to any bond.undertaking or contract of suretyship to which It b attached. IN WITNESS WHER EOF.IND EM NITY COMPANY 0 F CALIFO R N IA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 2nd day of January.1991. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By Harry C.Crowell,President r4Arrr Harry C.Crowell,President �w SUq `Os A6iOa*ono ¢vCaFDR�ft w ! �p ATTEST a ATTEST MAR.ZT, By V V(/�'��► V'• �� s'* rasa\+j By �W+."'� �• CivT'vV1/ J �rF a��*+e Walter A.Crowell,Secretary waiter A.Crowell.Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) OnJanuary 2.1991,before me.the unders fined,a Notary Public In and forsaid State.personally appeared Harry C.Crowelt andwaHer A.Crowell,personally k nown to me(or proved to moon the basis of satiafactoryevidence)to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as president and Secretary on behalf of Developers Insurance Company,the Corporations therein named•and acknowledged to me that the Corporations executed it. WITNESS my hand and official seal. _I OFFICIAL SEAL. wJJ „�,4w VIRGINIA M. LOUMAN Signaturet4OTARY PUBLIC-CALWORNIA Notary Public . �• - PRINCIPAL OFFICE IN ORANGE COUNTY My{ommh3ion[xp.Apr.9. 1"] CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA.and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains In lull force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said Corporations set forth In the Power of Attorney,are In force as of the date of this Certificate. This Certificate is executed In the City of Irvine.California,this 10 day of .12113E ,199-U. INDEMNITY COMPANY OF CALIFORNIA {Pita DEVELOPERS INSURANCE COMPANY tin6uq BY �o'aar0arl""f B �' -� +�ns►ot�f� n • C i o:r x _ �� f�4R.n � o 7 i L.C.Fiebger s ' uni ?, L.C.Fiebige► �o . ,aTa�.' Senior Vice President tree Senior Vice President ID 110 REV.12," CHUBB GROUP OF INSURANCE COMPANIES aW.UE30 15 Mountain View Road, P.O. Box T615.Warren. New Jersey 07061-1615 FEDERAL INSURANCE COMPANY BID BOND 3ond Na. Amount S Know A11 Men By These Presents, That we, EXCEL PAVING COMPANY (hereinafter called the Principal), is Principal,and the FEDERAL INSURANCE COMPANY,Warren,New Jersey,a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto OITY OF AVOTINt,TOR BEACH (hereinafter called the Obligee), n the sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars S 10% ), for the payment of which we,the said Principal and the said Surety, bind ourselves, Sur heirs, executors, administrators, successors and assigns. jointly and severally, firmly by these presents. Sealed with our seals and dated this %6 day of HAY 1991 . WHEREAS, the Principal has submitted a bid, dated TVM3E 13 , 19 91 'or RECOMJ,TiRUGT A1Jb RCSURPACE 6ARFIEID AVENUE OW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the he Principal and the Principal shalt enter into a contract with the Obligee in accordance with such bid and nd with good and sufficient surety for the faithful performance of such contract.or in the event of the failure rincipal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the penal eol, then this obligation shall be null and void, otherwise, to remain in full farce and effect. C: EXCEL PAVING COMPANY Principal BY. Cy. Brown r e-slded FEDERAL INSURANCE COMPANY 4LxI(Forfeiture) V-09W4 us. BY. V Doug a A . Kapp or:ney n Fact: POWER OF ATTORNEY r Know all Men by these Presents. That the FEDERAL INSURANCE COMPANY, 15 Mountain View ad.Warren, New Jersey. an 1r.Sana Corpora lion.has CZ►Istitutad and appointed.and does hereby constitute and appoint Robert M. Minot, L�nda D. Coats, Douglas A. Rapp, E. S. Albrecht, Jr. and Cynthia L. Morgan of Pasadena. California--------—..________�___.._—____ each its true and lawful Attorney-in•Fact to execute under such designation in ks name and to affix Its Corporate seal to and deliver for and On its behalf as surety thereon or otherwise.bonds of any of 1he following classes,to-wit: 1. Bonds and Undertakings(other than Bail Bonds)filed In any suit.matter or proceeding in any Court.or filed with any Sheriff or Magistrate.for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency theroof.including those required or permitted under the laws or regulations relating to Customs or Internal Revenue:License and Permit Bonds or other indemnity bonds under the laws.ordinances or regulations of any State.City.Town.Village,Board of other body of organization,public or private;bonds to Transportation Companies.Lost Instrument bonds:Lease bonds.Workers'Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public.Sheriffs, Deputy Sheriffs and similar public officials. 3. Bonds on behalf of Contractors In connection with bids,proposals or contracts. In yYllmm w,wn .ew sad FEDERAL INSURANCE COMPANY ha.Punwm b Its erL&aL t:sired It~oreserri 1D be S"by k$Vte Pms4eN snd Assaism Seennry and as eorporaw sew rD be h.,ew a+nr.a r+ I s t day of May >9 90 Corw8w sew s* aVIA x FEDERAL INSURANCE COMPANY sp A19Ae IV• s Ix Duen RuJrsid O � Yips Fneldeer A.Wtant Seenury STATE OF NEW JERSEY u County of Somerset On rs 1st ar a May a 94 ,b.er.irr prearlr eam.p,cn.rd a Oranm n are lown+.rw by�+tuwrrr 10 a Asewarr s.a.ory d er FEDE71A1.atsuRAr+eE COMPANY,er oorpadm OeeatbW In rid WhCh ewaird Ow raegm PVr er Of AsaeiWj aM er acid Richard CL O'COawr W"br are dory 69w- 6d eepo00 and sap end Irs k As WWd SOM"Of sr FEDERAL vaURAPM COMPANY Ond uom er awpon r sad ewva "er wd V%wd%ft rangorlp Poam of Adwrol k Ouch Oanwm OW and ers I N aRbrd by ogre"d die art&"d said Compr,A and that Ir Mpvd said ftwr d Amm"d Assow Sea visy or said Campeq ly ire a wwralr,erd err he Is boojww d we.Iona D.Oiron and IorOrs hie b be er We Presiders Of*W Canpavt and err M tea d aid Jsnree Q Daati s�sabd d.aO Nfw+d Nwn�r r In ry p�nw:w hrdwnrrg d swd�reea Q Dira,r+d.a trwrwa a4eabd!�p auewrttr d srd tif^L•r••�+d�+a�y pn+«ue- NatarW!le " ` 0 Acrno.nedpad end Sworn to bNOre aw N10rrARY m en er .Dore Mt Manwyu-, 7• V JANET A SCAV'O►# Naaryr Pubk i CER4IFIGTION � Pablie, Scot* or i.6w JNvW STATE OF NEW JERSEY as. CO—stton+ Pr►es�bw. X �9P� '.ounty of Somerset L er~*geed.Aaarara Sea mum,of"FEDERAL OOLW ANCE COMPANY,do hereby 0vWy err ft baonuq k.�1re Hcerpr lion er arLr.+d ehO Oa d cwrosry s<adopred er la Board d Oir.cwrs i"Lunch 2.MOO and err r"et►Lr Is to 6A taw and erred I 1^RnCLE XVIL Saxon!.A+bads,Vnearr.gS oonreae and aerr i,erls+wra Oerer scan r aeow for nd an bdlea d er Canwary.Rrinr l r OYerartied by rw«lr.Naive b OA•aI1L a+y and Mrs a easarl.e 11 the rtenre old a+bdraM d M Cpr�Y+y OirM err.Clrarrhan«fir Vice(�rwraan«ths r+.:e«t ar a Vtoe Fm*imnL loran.ran tr seow"«an Awinmt tteaehrA wWw w* eenplaOone.OrKiePr MI anti one Or Irrore drway«soon�id eaNPrrOQ fin afy,.re0r/aon d e+.aoard d Dr+eaO«ew EaMrl'ra Corrnr+eS w M try tww d tmeerep arraaed as}.vArkied r«In"C*0 3!ew■c wrap emom any w+eh loud.w%WU trq«/dw Oblpom m Pratds kr krth reeoMirlDrr«Pwar d 011M X ZZ Section3AapDyeredmw"trandom,~derCwpvwyWrudsteelbewandtoVa mom and anberrttd"C*vv@ KeeryltrerCwnwdn«ewVbeCHWnianWINlb'a ert are VIM Pr_ «en Awktara Vtoa PrOeidM Io.rltr OIOi er SOwOrery«an Aesbrrer %rrlar srir rOeoa�e dedprrdlax TTr alprariw d ear daaara my W r+grw+4 mired«Nmprap- TW-Ig rI dead+ d er kao.r,Q slaver!Ctrrirran.VbeChar+hr�P,..iderrL aq VrcO lhwtewrL ry Aawdra Viw Ftieud.+t 1rrY tieaaer%am AsslMra SOaOrY and er veil d er Corperryar,r ae dar.d d!trcrrrrae{D Oly 0°w d+ «n any Donator.swig rriep wFO" . 0 Amm"aeavaAw swa*Q mid etrdrrp bade Ord wreerrs MP Ord Gow M W atfpMoryir e..rA rred.and any kiwi oar«d sawnep«web w bw4 ftwh f o.rd.,Ip+wiw a ror,rde eed M.a W read srd blyd q+taw ere Carrpr y arrd any Ouerr K OD O..cAed and Dereaed e!erreh 1.0�nw sprrdun r1d Uwlnw Oad errea w.eid O+d e.rdrrq war si+CanwM4�nep+t✓<ss any bend«r.d.rurrrp n rtrren a r seed+ed.' 1 turer+Qv*j rd sad FEDERAL INSURANCI COMPANY rO**kendd n erns&%fit nd va"twelim a In OrX►d to Irmm Ot er Unaed 00"C(NNhim Ortrid d CA0r1brL PWM Ama and OEM d IN rvr+*w cf C4m*da Mel"Kr0, v(Prins Ea.rro rrnatand r s1e0 dr/T aoarrsad d Ueaarr Bete k..rlr On bOnde WWbnWd 9&W_oOrwrRrd«nqured q Ian. L er rKrder++prled Aasirarr SwwTd FEDEJIAL 11tsURANC[OOMPNNI;a h.rsepe.rwps+d er bnporq Paver dAeanwy r ti fir[broe and Orrea_ . G"+n~fl.v hnd Ord ow"a a"M caepny ar YMsnen,NJ_eve T TM_..� Z22A_44� - tr .nr 13-xG ?a M."GENERAL V ORMERLY 21-10e= - • .. v�a 't,EL2A1T0E INSURANCE COMIRA_T Y _44 HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA Bond No. U953378 BID BOND PREMIUM —NIL- APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I.A.DOCUMENT NO.A310{FEB.1970 ED.1 KNOW ALL MEN BY THESE PRESENTS, that we GRIFFITH COMPANY as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia,Pennsylvania,a corporation duly organized under the laws of the State of Pennsylvania. as Surety. hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,hereinafter called the Obligee,in the seem of TEN PERCENT OF THE AMOUNT BID Dollars t$ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves,our heirs,executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for GARFIELD AVENUE RECONSTRUCTION AND RESURFACING BETWEEN BEACH BOULEVARD AND MAIN STREET IN THE CITY OF HUNTINGTON BEACH, CASH CONTRACT 805 NOW. THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient Surety for the faithful performance of such Contract and for the prompt payment of labor and material fur- nished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. I Signed and sealed this 1 OTH day of JUNE A.D. 19 91 i GRIFFITH COMPANY {Principalf Mall THOMAS L.FOSS Mow ssl VICE PRESMIM (T;rle) RELIANCE INSURANCE COMPANY By C � s WENDY BEZUID UT, ATTORNEY—IN—FACT } BDR-2305 Ed.10-73 GRIFFITH COMQANt FUE *E; INSTJ1RA114CE CC :PANY HEAD OFFICE,PHILADELPHIA.PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, The the RELIANCE INSURANCE COMPANY,a corporation duly organized under the laws of the State of faannsylvenla,does hereby rneke,constitute and appoint WENDY BEZUIDENHOUT of RIVERSIDE, CALIFORNIA ----------- its true and lawful Attorney-in•Foct,to make,execute,esal and deliver for and on its behalf,and as its act and dead ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP --------------- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and urderakings and other writings obligetory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers,and hereby ratifies and confirms all that its said Attorney(s)4n-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became affective September 7, 1978,which provisions are now in full force and effect,reading as follows: ARTICLE VII— EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors,the President,the Chairman of the Board,any Senior Vice President,any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a)appoint Attorneys-in-Fact and to authorize them to axecvte on behalf of the Company, bonds and undertakings, racognizanors, contracts of indemnity and other writings obligatory in the nature thereof,and (b) to remove any such Attorney-in-Fact at any tirne rd revoke the power and authority given to him. 2. Attorneys-in-Fact "if have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute and deliver on behalf of the Company,bonds and undertakings,recugnizances,contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings,recognizAnces,contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in•Fact doll have pores and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial rtatement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a rr ating held on the 5th day of June, 1979.at which a quorum vas present,end said Resolution has not been amended or repealed: "Resolved,that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate rotating thereto by facsimile, and any such power of attorney a certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal call be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is sttachad.- IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President,and its corporate col to be hereto affixed,this 17th d■y of November 19 87 RELIANCE INSURANCE COMPANY Vice President STATEOF Washington COUNTY OF King }u. On this 17th day of November ,19 87personallyappeered Lawrence W. Carl Strom to caw known to be the Vise-President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of mid corporation thereto, and that Article VII,Section 1, 2, and 3 of the By-Laws of said Company and the Resolu- tion,set forth thwain,era still In full force. My Connmiuion Expires: i 'fie ;•roll`rta May 15 `' A°'�y ,19 90 '4.n!� Notary Piblic in and for sa of Wash ' g t o n Betiding at Tacoma I John E. Vance Aoistant Savoury of the RELIANCE INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attornay executed by said RELIANCE INSURANCE COMPANY,wfhich is still in full fora and off act. IN WITNESS WHEREOF,I have hereunto sat my hand and affixed the am[of said Company this 1 0TH day of JUNE 19 9.1 {Olt•laJt Ed {/7{ Aariram$evecary aa 46, za -"C-- � .' John E . Vance (;RI91:IT14 !''fMPdNV OF INSURANUE UUMHANIES CHUE3B iS Mountain View Road, P 0. Bzx 1615. warren. New Jersey 07061=615 FEDERAL INSURANCE COMPANY I BID BOND I I ' Bond No. B-81249310 Amount S 10% Know All Men By These Presents, That we, R. J. NOBLE COMPANY (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY,Warren.New Jersey,a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee), in the sum of **TEN PERCENT OF THE AMOUNT BID** Dollars (S 10% ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seats and dated this 4TH day of JUNE A. D. nineteen hundred and NINETY ONE WHEREAS, the Principal has submitted a bid, dated NNE 13 , 1991 , for STREET IMPROVEMENTS (CC806) NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH. that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract,or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the dif- ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. R. J. NOBLE COMPANY I Principal By. VEIL R. EVANS SR. VICE PRESIDENT FFDE AL NSU N CO 'I ANY i By: f MICHAEL D. S GrT ORNEY N ACT 1 �n41 E D Form?5-02.0002IpN A-9o, WO?100 DS• POWER OF ATTORNEY Know ayt Man by thole presents. That the FEDEAAL INSURANCE COMPANY. 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora- tion. has constituted and appointed, and does hereby constitute and appoint Michael D. Stong, Michael A. Quigley and Carrie L. Pride of Riverside, California--------------------------------------------------------------- each its True and lawful Attorney-in-Fad to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surely i thereon Or otherwise,bonds of any of the following classes.to-wit: f. Bonds and Undertakings(other than Bail Bonds)filed in any suit,matter or proceeding In any Court,or filed with any Sheriff or Magistrate,for the doing or not doing of anything specified in such Bond or Undertaking. 2. Surety bonds to the United States of America or any agency thereof,inctuding those required or permitted under the laws or regulations relating to Customs or Internal Revenue;License and Permit Bonds or other Indemnity bonds under the laws.Ordinances or regulations of any State,City.Town,Village.Board or other body or organization,public or private;bonds to Transportation Companies,lost Instrument bonds:Lease bonds.Mrken'Compensation bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public.Sheriffs, Deputy Sheriffs and similar public officials_ 3. Bonds on behalf of Contractors in connection with bids,proposals or contracts. Mr wlrfw"IYMAraof,ow u4 FEDERAL INSURANCE COMPANY f4a.pwsuarM w AS arlsws caufad lhefa PMaana fo ba"PW bt b VIC@ Pr064en1 and ASSatam Senaury and to corporate Nat to be helm an+aed ma 1st: day a May 1990 Corporate Sea �,�StiRAhrE at — FEDERAL INSURANCE COMPANY 8Y w ►l t4 1 �GIL. Orton �ZLMV1- Connor Yrea PMddent ►sedaurrf SaCrurey STATE OF NEW.ERSEY 1 INS. County of Somerset Jj On n+a 1st day of May 19 go .babM rr p«ronaPr w•re Rchard D O Cargo w ore kr+arn eta W me lrwwn w be A SWAftl SaVrn d we FEDERAL IrsURM,CE COMPANY.ma edrpael4n onenbW a ea"ch eneuted em bregemg Power d Azorney.and ew sad Rcnard 0,Ot:Onn r tong by me duly Sworn.d4 daposa and say mr he A AS&OS t Secrotary of ew FEOERAL INSURANCE COMPANY and mows VW OapoMra MY woad.but ma goaI amtod Ip me bregarq Power or Anort%"to wen CorW8l*Saar and waS taMIO oftraed by aw+vorKy Of eta artaws of Ma Company.and nwr tie lrgrwad M4 Power of Atwrney as An*tant Seem aq of Saud Company by kke auttwnly Ira mat he b aoouaMted mm dames 0 Duan and knows him w ba"Vice PftsrOanl of sa-d Como". and that pq augnarwe of wd James a Dwat urbacrood o M4 P43-W 1N Alwrn"in n ire genuw*w4wserhg d fad dames D.DROn and out maea*UWN ad Dy aubwruy of Ma erUw1 and a deponews P495 rKa WOran l4 by p{r• IcWrowredged and Sworn Io bolw me ARV above on ow data rrnlan MO'y x a— r a� NIGO ME T. PA=Lt Notar Pubkc a�4L' JtiRC'� CERTIFCAMN Notary public_ Srafe of New lerwy No. 20Gd518 County STATE off Somerset JERSEYomerset � $3. Canrn'"'On ExDiras October 2. 1994 1.un waesgn.d.A-81- SoeMury d are ROERAL INSURANCE COMPANY,do h.reoy ew"ChM wa Wow-q r A V"*WWV hom Iu arLa w Of to sad Company As waged by III$nerd d Dreciors on Mann 2.OW and tat Me ayf.a-is it sue force and aeact. seclon 2.Ad bonds.wwartakevs,Owwwo and Cow watn m en She than as abate b and on bean d"CwNmm er+rcn a is sumonied by law orb cpww fo e■ecule.may and lhad be goec~ In we name and on band of ere ComWny 041W by we Carmen or time VuCe CM An a we PMs4et or A Vice Prow doM pray with ewe Seemary or an ASSrraM Sanatory.wan OW mwaetne dasgnatuoM.aaoePt Opal pry ttna a mva dtuCerl a aewmeya-n+en O.NupnnW n anY Mfatieton d Cue board d Oraaors aTM Eaeeutna Commmaa.a rn any power d arwrney warred as Dror4W for a Section 3 below,may atecuts&V Such bond.uraatakng a*treat ooigoon as pro waW ki Such m@oM*m or power of rwrneY. Secrrbn 1 N powers d rwrney for and on burn d me CanP bw ffW and"oe emam4 n ow namf and a+bahan d Ore Car"rV$t rtrw et ma Charmw a rev lice�An Wf or d e PMaaerR a a Yroe Pnp4s++r or an AudUM Von PrasdeM pwft w n ttr Sea.nry of an A"4"M Saereeay.aaer Oran meapawe d+S•pnadwra The Wmure of ftch emcef may be&Vr .ported a W Ographed TM sgnrwta of eacn of IM 1pabw.wg omeen Ctuwrnan.Vice Charman,PMa4eM wV V"Pms4 eM Ma wan Vca Pras4e k pry Span wyr am Asamwil 5eaw"and ew goal of fa Canpany met be prated OV 4 MOnae n any Power or thorny or w ary=nft a ramp Vwm Wpm"Aeam rare S@OwAnvi a Art~Aa V'Feel br purebaea a+Y of erepAmV and ONst ng banda And rr+denWnpa Ara OUW wr,prpa aprpanry n tM Ilyrre bwaor.Ira ary sNeeh pc*+r of rtormy a mA f r boarng such besumia a gnaeuh or f eWrWe goal VW be vaW are bndng upon ma edmpanr and ant Such POwwr ao*WC~and eerorred W ftch facarkle egnal Vie and UaWAa nai"ba,rekd era be"upon ma COmp&ny wrm MWOO b ant bond Or rndanakrq towlrCh a r Aha W_ I Arrow dertry Sur M4 FEDERAL IYsuRANCE COMPANY is duel arwnW w parse[iwakty Ua AW"buawa in each or ewe Snub of Ina Vnead Stara of Am iemM D~of Cokorbu.Pwrw Rcto,AW each OF fhr Pw nta,d Canada w o ins e■ce"On of Pnnts Edward hand,and ra oho duly kCerwd lb becawe soli su"on bards.Nraenskw4M arc..Permuted a r"uOW W law k Ia wwasgned Aware Secretary d FEDERAL INSURANCE COMPANY,do We"Cerny Sur we beeg"Pore of Atwrney WA fur puce and eeaei. Gwen under tof two end we seal Of sad Co""M r wane+.N a.,tiro 4 TH, da„d JUUE t4 9 Z Caoo S A Awsmm Socrotary w f m ,r NERAL Nmrr+.*+ us' PRLMIUM-NIL Bond No. 0372243 • GWT A%1 ER1C-IN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we, SILVIA CONSTRUCTION, INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY,a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 452G2, as surety, are held and firmly bound unto, CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS O 10% }, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators,-successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed,and dated this 11TH day of ,TUNE 19 91 WHEREAS, the said principal is herewith submitting A proposal for GARFIELD AVENUE RECONSTRUCTION S RESURFACING CC# 806 NOW, THEREFORE, the condition± of this obligation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 } days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the [titter amount be in excess of the former,but in no event shall the liability hereunder exceed the penal sum hereof. SILVIA CONSTRUCTION, INC V' 5 r[liCl�41 GREAT AMERICAN INSURANCE COMPANY By�� •-e DIANA LASKOWSKI ' Attrintty-in Fact i ( F.9116K (3152) (610 FORM) > GUM AMERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No.0 13216 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio•does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof.provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL LINDA L. CULBERTSON KAREN CHANDLER ANAHEIM, UNLIMITED CHARLES L. FLAKE DEBORAH HILL CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 8th day of May . 19 90 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 8th day of May, 1990 before me personally appeared WILLIAM J. MANEY, to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute in behalf of the Company, as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority,and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES.Assistant Secretary of the Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 11TH day of JUNE 19 91 S1029M(03/901 -SEABOARD SURETY COMPANY Bidders Beene umber is 00IS38-1 Thu'*I=-e- ern€ration date i, ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY I� •'-••-. ,, r a BOND NO: 766046(17122) hc-ropras_watio�s made 11REMIUM: INCLUDED IN BBSU tie: ;;:a made under penafty of PROPOSAL BOND periu7• . . • �num s�i1 �#i�n is� �r13� �r>�s�ttt�: THAT WE, SULLY MILLER CONTRACTING COMPANY as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto City of Huntington Beach as obligee,in the sum of ten percent (10%) of the total amount of bid in ------------ DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 13 th day of June 19 91 . WHEREAS, the said principal Is herewith submitting its proposal for Garfield Avenue Reconstruction and Resurfacing between Beach Blvd. and Main Street in the City of Huntington Beach (CC-606) THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference In money between the amount of the bid of the said principal and the amount for which the obligee may legally contract With another party to perform the said work if the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. SULLY-MILLER CONTRACTING COMPANY Principal 41- ( � By /(- 4George M. Lubanko, Assistant Secretary SEABOARD SUR COMP $NY By Fore lad Irene Lau, Attorney in Fact � i Certified Copy SEAAARD SURETY com&NYFFFF 9 9 5 5 No. 1Q323 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 FINE MILLION ($5 , 000 ,000. 00) Dollars. Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII,SECTION 1 "Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto. Insurance policies.bonds,recognizances,stipulations,consents of surety and underwriting undertakings of the Company,and releases.agreements and other writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board,the President,a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secretary or a Resident Assistant Secretary:or(b) by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the President or a Vice-President to make such signature;or(c)by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer,Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this . Zl_$t..... day of..........Jul....-'--'--'--'--:-'--............. 19.......88 gU RE7), Attest: _ SEA RD URETY COMP Y, ( 1927 1� -y , (Seal)Q�Q. O_ By p�NE,��� .................................... .. .... ..._....._. .-.-....._..._...-'-..'.-..---................. .....-.............. Assistant S reta ice-President STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this .........2.1 st._-_..__...day of ........July.......................... 19..88..- before me personally appeared ......................Mi_Ghael.__B_...._Keegan---------------------_-_-.-------------------.-------- a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of .New..-Jersey.-.. that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of thesaid 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 �i C,2mpany by like authority. s-• ~- N FELICE M. CATALANO (a6at) �jt� nd tf4tVRY PUBLIC OF NEW IERSEY - Notary Public ... -- --- . -- -- ---ommission Exp. June 4, 1991 CE RTIFI CATE •� rsigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original PowerofAttorney ofwhich the foregoing is r; rrect 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, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this o�Qo50*Ery�o ---- ---------_...... ...................... day of. ---- ---'-'--...............-- . . ...... 19............ a s 1927 i � oar sistant Sn8l) ° " iNik INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA PENNSYLVANIA Proposal or Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE VER.VON PAVING CMMPANY as principal, and the INSURANCE COMPANY OF NORTH AMERICA,a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,having its principal place of business at Philadelphia,Pa.,as surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as obligee,in the penal sum of TEN PERCENT (10%) OF THE AMOUNT OF THE BID IN DOLLARS, lawful money of the United States of America,for the payment of which,well and truly to be made,we bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally, firmly by these presents. SIGNED, sealed and dated this 10th day of JUKE A. D. 1991 WHEREAS, the said principal is herewith submitting proposal for GARFIELD AVENUE BETWEEN BEACH BOULEVARD AND MAIN STREET, CC-806. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,that if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefor,or,if no period be specified,within ten (10) days after the notice of such award enter into a contract and give bond for the faithful performance of the contract,then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee &.e difference In money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the former;in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety(90)days after the acceptance of said bid of the Principal by the Obligee. VERNON PAVING COMPANY L/ Bf INS VCE COMPANY OF NORTH AMERICA ...�. ......... ......... . . .......... .... ................................ A`IELA L. JA S, ATTORNEY—IN—FACT OS•2946 PRINTED IN I.I.S.A. i i POWER OF Insurance Company of North America 281948 ATTO?NtY a CIGNA company Krjow all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,Pennsylvania,pursuant to the following Resolution,which was adopted by the Board-of Directors of the said Company on December 5. 1983, to wit: "RESOLVED.That pursuanr to Arftclea 3.to and 5.1 of the By-Laws,the lollowing Rules shalt govern the execution for the Company of bonds,undertakings,recognizancea.contracts and other writings in the nature mereof• '(1) That the President.any Senior Vice President,any Vice President.any Assistant Vice President,or any Attorney-m-Fact,may execute for and on behalf of the Company any and all bonds. undertakings,mccoizencea,contracts and other wntirW in the nature thereof,the same to be altealed when necessary by the Corporate Secretary,or any Assistant Corporals,Secretary,and the seal of the Company affixed thereto:and that the President.any Senior fie President.any Vice President or any Assistant Vice President may appoint and authorize any other Officer(elected or appointed)of the Company,and Altonieys-in-Fact to so execute or attest to the execution of a9 such writings on behalf of the Company and to athx the seal of the Company thereto (2) Any such writing executed m:accordance with these Rules Shalt be as binding upon the Company in any case as though signed by the President end etlested to by the Corporate Secretary (3) The signature of the President.of a Senior Vice President,or a Vice President•or on Assistant Vice President and the seal of the Company may be affixed by facsimile on any power of attorney Wanted pursuant to this Resolution,end the signature at a certifying Officer sad the seat Of the Company may be affixed by facsimile to any certificate of any such power,and any such power Or certificate bearing Such facsimile signature and seat shall be valid and binding on the Company. (a) Such other Officers of the Company,and Altorneys-m-Fact shall have authority to certify or verity copies of this Resolution the By-Laws of the Company,and any affidavit or record of the Company necessary to the discharge Of their duties. (5) The passage of this Resolution doss not revoke any earlier authority granted by Resolutions of the Board of Directors adopted on June 9. 1953.May 28. t975 and March 23. 1977" does hereby nominate, constitute and appoint JAMES F. MURPHY, JEAN L. WILLCOX, EVELYN DENIHAN, and PAMELA L. JACOBS, all of the City of Los Angeles, State of California------------------------ .6.; co 0 CL N ----------- ---------------------------------------------, each individually if there be more than one rn Y 4) named, its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed anv and all bonds, c6 C undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION----- M Co -----------------------------------------------DOLLARS ($ 10,000,000.) each, and the execution of s such writings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. O U � O IN WITNESS WHEREOF, the said R. E. Giveans, Vice-President, has hereunto subscribed his name and CD affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 26th 4- c0 -- OUP day of March Ig90 a — CoINSURANCE COMPANY OF NORTH AMERICA co d t O 0 6�, C 4? O by a O COMMONWEALTH OF PENNSYLVANIA R E GIVEANS,Vice President C ca ` COUNTY OF PHILADELPHIA ss � N O On this 26th day of March , A.D. 19 90 ,before me, a Notary Public of Cl) the Commonwealth of Pennsylvania in and for the County of Philadelphia came R. E. Giveans, Vice-President of the.INSURANCE L COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument,and he Eacknowledged that he executed the same, and that the seal affixed to the preceding g p g instrument is the corporate seal of said Company; O that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution, w adopted by the Board of Directors of said Company, referred to in the preceding instrument, is now in force. c Kim t Iff IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seat at the City of Philadelphia the day and year > (D �� KimWAXOK'"n' NOTARIAL SEAL. `C;t�t -'' � afU4.�r\p,Pli:AkO'rli:ilA,N�S:ZryPul)lic � - �cc �•-.-- f cOEAL) Fhilad&iphta, Phi►ac:t•Ipbl:r r;Uvrit _ - ' Notary Public OF � = ►ei,t.5)n'^ic;;�`u'Expi -s AtK).ist 0; S90 •�Y,, un11der jfl Segretary of INSURANCE COMPANY OF NORTH AMERICA,do hereby ceftifylhat the original POWER'OF ATTORNEY,of which' ; to is` fullt`. a and correct copy, is in full force and effect. •�tfy� t lsi9V l I. 1 have hereunto subscribed my name as Secretary, and affixed-the,morporate seat of the Corporation, this ffll:il!!I.l�� loth day of JUNE = 19 91 James S Wyllie . Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER Dec; 20, 1992 BS-333t33a Ptd in U S A - ,.-as�-*trassneira� .ttarss'raxxar w:.rry.,trlr,:�'s----Ar--�.-- �� f i RECEIVED RECEIVED CITY CLERK CITY CLERK CITY OF HUNTIIrI;Tr N r::rll,ULIF. jjogTINrTfl4 t',Wi.CALIF. i Jux 13 10 of AN '91 5u,i 13 14 `31 i PUBLIC FOTICE i PUBLIC NOTICE I P'!gLIC MOTICE I PUBLIC NOTICE NOTICE INVITING SEALED BIDS CC-806 Notice is hereby given that the City Council of the City of Huntington Beach,California,will receive se- aled bigds for the reconstruction and resurfacing of Garfield Avenue in the City of Huntington Beach, California in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works..Documents will be available on May 21, 1 91. A charge of $15.00, not refundable,will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE CC-806 Work Item Quantity 1. Mobilization (max.$10,000) Lump Sum 2. Traffic Control Lump Sum 3. Excavation of Broken A.C. (0.40') 86 C.Y. 4. A.C. Base Course (0.40') 166 Tons S. 0.15'A.C.Overlay 2,100 Tons 6. Route and Seal Cracks 2,188 L.F. 7. Reinforced Fabric (18"wide) 3,200 S.F. S. Coldplaning (5'width) 21,480 S.F. 9. Adjust Manholes to Grade 10 Ea. 10. Adjust Water Valve Cans to Grade 32 Ea. 11. Replace Detector Loops 11 Ea. 12. Temporary Signing and Striping Lump Sum In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, ap- plicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the Director of Public Works of the City of Huntington Be- ach,California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the sp- ecifications,for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the comparison of bids,and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work,as may be deemed necessary or expedient by the Director of Public Works. All bids will be compated on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to Insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works,De- velopment Wing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Bea- ch, California, on or before 10:00 A.M. of June 13, 1991; and shall be opened by a committee com- posed of the City Clerk,the City Attorney and Director of Public Works or their authorized representa- tive and the results of said bidding will be reported to the City Council of said City of Huntington Bea- ch at their regular meeting to be held on Monday,the 1st of July, 1991,at the hour of 7:00 P.M. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of July 1, 1991. 1 The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best 11pterest of the City of-Huntington Beach, California. By order of the City Cou- ncil of the City of Huntington Beach, California this May 20, 1991. ATTEST: Connie Brockway City Clerk City of Huntington Beach Published Orange Coast Daily Pilot May 24, 29, 1991 F504 Auttwind to Pd&h AdartfssmMts d d kinds kckx np pubLb na a by Decree d the$uparior Court d Orange C.ountl/.Cagwso<N=*w A45214.Saps tw 2% 1961.and , A-24831 June 11.1963 STATE OF CALIFORNIA County of Orange 1 am a Cltlzen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested In the below entitled matter. I am a principal clerk of the ORANGE COAST OAtLY PILOT. a newspaper of general circulation, printed and published In the City of Costa Mesa, County of Orange. State of Cafifomia, and that attached Notice is a true and complete copy as was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: May 24, 29, 1991 1 declare. under penalty of penury. that the foregoing is true and correct,. Executed on May 29 , 199.3 at Costa Mesa,Cafifomia. 1 Signature PROOF OF PUSUCATZON izL NOTICE INVITING SEALED BIDS CC-806 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the reconstruction and resurfacing of Garfield Avenue in the City of Huntington Beach, California in accordance with the plans and specifications and special provis' on fie the office of the Director of Public Works. Documents will be available on a 21 1 . A charge of 1 .00, not refundable, will be required for each set of speci i accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE CC-806 Work Item Quantity 1. Mobilization (max. $10,000) Lump Sum 2. Traffic Control Lump Sum 3. Excavation of Broken A.C. (0.40') 86 C.Y. 4. A.C. Base Course (0.40') 166 Tons 5. 0.15' A.C. Overlay 2,100 Tons 6. Route and Seal Cracks 2,188 L.F. 7. Reinforced Fabric (18" wide) 3,200 S.F. 8. Coldplaning (5' width) 21,480 S.F. 9. Adjust Manholes to Grade 10 Ea. 10. Adjust Water Valve Cans to Grade 32 Ea. 11. Replace Detector Loops 11 Ea. 12. Temporary Signing and Striping Lump Sum In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file afthe office of the City Clerk and the office of the Director of Public Works of the City of Huntington Beach, California. No bid will be received unless it is made on a blank form furnished by the Director of Public Works. The special attention of prospective bidders is called to the proposal requirements, set forth in the specifications, for full directions as to the bidding. The above quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implications agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substitution of securities for any monies withheld by the City to insure performance shall be permitted in accordance with provisions of the California Government Code, Section 4590. ov N-1 Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Wing, 2000 Main Street, Huntington Beach, orma; s I I 121]ITB—es-trad and filed with the City Clerk at the Civic Center, Second Flp6r Administration Building, 2000 Main Street, Huntington Beach, California, on or befor 10:00 A.M. of June. 13. 1991; and shall be opened by a committee composed of the City Cit Attor Director of Public Works or their authorized representative an the results of said bidding will be reported tothe City Council of said City of Hunti ton Beach at their reg�s y meeting to be held on Monday, the 1st of July, 1991, at t hour of 7:00 P.M. in the City Council Chambers in the Civic Center of said City of Hun ' gton Beach, and shall be acted upon by said City Council at the regular meeting of Jul 1 1. The City of Huntington Beach, California reserves th right to reject any or all bids, and to accept the bid deemed for the best interest f the City of Huntington Beach, California. By order of the City Council of the Cit�of Huntington Beach, California this May 20. 1991. ATTEST: Connie Brockway City Clerk N-2 ' REQUE%,.p i' FOR CITY. COUNQL- ACTION Date May 20. 1991 ----------------------- Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrator `S" a-� 19.1__! Prepared by: Louis F. Sandoval, Director of Public Works ITY ERK Subject: PAVEMENT REPAIRS AND ASPHALT OVERLAY ON BETWEEN BEACH BOULEVARD AND MAIN STREET; CC-806 Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception X Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Staff has completed plans and specifications for the improvement of Garfield Avenue between Beach Boulevard and Main Street. RECOMMENDATION: 1. Approve the plans and specifications for the improvement of Garfield Avenue, and authorize the Director of Public Works to solicit bids for same. 2. Approve the attached contract subject to award of contract to Council approved lowest responsible bidder. ANALYSIS: On November 20, 1989, the City Council approved Resolution No. 6089 requesting the Orange County Transportation Commission to allocate funds from the Orange County Unified Transportation Trust (OCUTT) fund for the improvement of Garfield Avenue between Beach Boulevard and Main Street and agreeing to provide matching funds from City gas tax receipts for that purpose. The Commission responded by approving a fifty percent matching grant for the project on May 31, 1990. Approval of this project was not expected as it was not funded by the Commission during the regular yearly project processing period. As O.C.U.T.T. Project funds remained at the end of the fiscal year, the Commission approved additional projects. The late approval did not allow for funds to be budgeted and are now in this coming year's 91-92 budget. In order to meet the June 30, 1991 program deadline for award, we are advertising the project at this time. The actual award will be made the first meeting in July and this will satisfy the Commission. The plans and specifications for said improvements are now complete; and, with the approval of the City Council, the project will be sent out for bids. The cost estimate is as follows: Construction Cost: $165,000.00 Project Incidentals: * IS,000.00 Total $180,000.00 * Project incidentals include costs unassociated with construction such as blueprinting, I� PIO 5/85 soils testing, materials testing, etc. V ` Garfield Avenue Street Imp.; CC7806 May 20, 1991 Page 2 FUNDING SOURCE: Fifty Percent (50%) City Gas Tax and Fifty Percent (50%) OCUTT funds for construction with incidentals to be equally divided once determined. OCUTT funds will be budgeted in account number E-SF-PC-806-6-32-00 in Fiscal Year 91-92. ALTERNATIVE ACTION• Postpone the project. ATTACHMENTS• Vicinity Map MTU:LFS:RAM:dw 2929g/20&21 L_ y � eocsA v 2 h Mt f:IOgf � V EO/N6F � Q aE/L W LAfL'R o W � � TALBERT 2 civic z 3 , � GAR F/ELO '• 1 V YG.?C TowN 3/ ' ALWMt /NO/qN AA7iC/t �. TWN. 15FNC H ♦, a 151-V ICL 4NN0 M N N �T. ATLAN TA C d o l Z. N.LN/c ToN PROJECT LOCATION MAP f t� SAMPLE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR RESURFACTING AND RECONSTRUCTION OF GARFIELD AVENUE BETWEEN BEACH BOULEVARD AND MAIN STREET IN THE CITY OF HUNTINGTON BEACH (CC-806) .f Y t TABLE OF CONTENTS # TITLE PAGE(S) 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 & 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 - 4 SPECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF PROJECT 4 5 . TIME OF THE ESSENCE 4 & 5 6 . CHANGES 5 7. NOTICE TO PROCEED 5 & 6 8 . BONDS 6 9 . WARRANTIES 6 10 . INDEPENDENT CONTRACTOR 6 & 7 11. LIQUIDATED DAMAGES/DELAYS 7 & 8 12. DIFFERING SITE CONDITIONS 8 & 9 13 . VARIATIONS IN ESTIMATED QUANTITIES 9 & 10 14 . PROGRESS PAYMENTS 10 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 11 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 & 12 19 . WORKERS ' COMPENSATION INSURANCE 12 & 13 20. INSURANCE 13 & 14 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 14 & 15 22 . DEFAULT AND TERMINATION 15 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 16 24 . NON-ASSIGNABILITY 16 25 . CITY EMPLOYEES AND OFFICIALS 16 TABLE OF CONTENTS # TITLE PAGE(S) 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 16 27. IMMIGRATION 17 28 . NOTICES 17 29 . CAPTIONS 17 30 . ENTIRETY 17 SAMPLE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR RESURFACTING AND RECONSTRUCTION OF GARFIELD AVENUE BETWEEN BEACH BOULEVARD AND MAIN STREET IN THE CITY OF HUNTINGTON BEACH (CC-806) THIS AGREEMENT is made and entered into on this day of , 1991, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY, " and , a , hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as resurfacing and reconstruction of Garfield Avenue between Beach Boulevard and Main Street in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the Parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any 1 unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses 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 Sid Sheet(s) . 2. W N CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY, except as specified herein. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement, except that if there exists any conflict between the terms of this Agreement and 2 the bid or proposal of CONTRACTOR, this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1988 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In 3 case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Agreement shall control and nothing herein shall be 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 ($ ) , 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 ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in Section 11 herein. 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of •this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the 4 Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with Section 4 herein. CITY shall have complete control of the premises on which 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 5 by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO 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 performance of this Agreement, furnish the following bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR'S faithful performance of the work and to warrant such performance for a period of one (1) year after CITY' S acceptance thereof, and one in the amount of fifty percent (50%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9 . WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities 6 constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for 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 ($ ) 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 7 hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time 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 8 A herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) 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; 9 (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 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 10 and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS 4SUBSTITUTION 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. 11 16. AEFIDAVITS 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 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 OE CL&IM$ The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement, except as otherwise provided herein. 18 . , NDEMNIFIQ&TI!Q ]. DEFEVSE. HOLD HAR _ E$S CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those arising out of death or injury to CONTRACTOR'S employees and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR, or out of the operations conducted by CONTRACTOR, including those arising from the 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 12 defense or attorney' s fees incurred by CITY in enforcing this obligation will be reimbursed to CITY by CONTRACTOR or may be awarded to CITY by a court of competent jurisdiction as costs pursuant to California Code of Civil Procedure §1021. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to California Labor _Code §1861, CONTRACTOR acknowledges awareness of §3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each accident, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred and Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY; and CONTRACTOR shall, prior to commencing performance of the work hereunder, furnish to CITY, on a form approved by the City Attorney, a certificate evidencing such insurance; said certificate shall include a provision that the insurer shall notify CITY at least thirty (30) days prior to any cancellation or modification of said insurance policy; and CONTRACTOR shall notify CITY at least thirty (30) days prior to any cancellation or modification of such policy. Said insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. 13 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. INSLTRANCF CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY f for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. I£ coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars (1,000,000) per occurrence limit. In the event of aggregate Coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits. CONTRACTOR shall require its insurer to waive 14 P' its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and will not be cancelled without thirty (30) days written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 19 and 20 herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be 15 cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 18 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make 16 good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code §1090 et seq. 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of said Stop Notices, Notices to Withhold, or any similar legal document necessary to the prosecution of such action. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. 17 CITY may charge an administrative fee of One-Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws ,of the United States and shall, in particular, comply with the provisions of 8 U.S.C. §1324a regarding employment verification. 28 . NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR or to CITY'S Director of Public Works, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Services, addressed as follows : TO CITY: TO CONTRACTOR: Mr. Louis Sandoval Director of Public Works CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 29 . CAPTIONS Captions of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 18 30 . ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH a Municipal Corporation of the State of California By: Mayor Its: By: Its: ATTEST: APPROVED AS TO FORM: City Clerk City Attorne G.�'S—" --�1 � REVIEWED AND APPROVED: ZAT ND APPROVED:1 C Adminig1tiator Direct-'-- of Public Works S--B-qt 19 BiD PROPOSAL Sully-Puller Contracting Corey Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice Inviting sealed proposals for the recgn.Struction and resurfacing on Garfield Avenue, between Beach Boulevard and Main Street; CC-806. I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by—laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which Is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all Incidental work necessary to deliver all the improvements complete in place in strict conformity 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 (MAX $10,000) 1. Iu�p sun per lump_ sum Traffic Control 'Uncludes traffic control plans) 2. ILW S[14 i per lump SLZr[i Excavation of broken A.C. (0.40') 3. $6 c.y. per cubic VardlSo_ o0 1-/300 . as P-1 I ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL 4 NO. nUANTITY WRITTEN IN WORDS PRlrrc Asphalt concrete base co=e (0.40') 4. 166 Tons f�2r� P rrr r 9, p-o G�7y, o Asphalt concrete overlay (0.15') 5. 2,100 Tons r ton Route and seal cracksLJ 6. 2,188 l.f. 0& L r 1-ineal fooE PlacerIent of reinforced fabric (18" wide) 7. 3,200 s.f. i per square foot D Coldplaning for T, - : lr.yr� 8. 21,480 s.f. per square foot 4. e,�A!V Adjust manholes for 9. 10 each each 3GQ. od `�ca.oa Adjust water valve cans for 10. 32 eachJ. each Replace detector loops 4ul o 11. 11 each v?24.<-` Ya Q,oG r each Temporary striping and signing 12. IMP SUM Per Lu M sLan I Total in words n fry 4h re o " Lei 66 Iao 31 P-2— I ItAs understood and agreed that the approximate quantities shown in the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the contractor's compensation will be computed upon the basis of the actual quantities In the completed work, whether they be more or less that those shown herein at the unit prices bid In the proposal schedule. The undersigned understands the contract time limit allotted for the contract is SO calendar days , If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is "Bidder's Bond" 10% NOTICE: Insert the words 'Cash,"Certified Check,' or 'Bidder's Bond,* as the case may be, in an amount equal to at least 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposal guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages In case this proposal Is accepted by the City and the undersigned shall fall to execute a contract for doing said work and to furnish good and sufficient bonds In the form set forth 1n the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License No. 00158 ,"A" _ Sully-Miller Contracting Company J.D. Blair Assi taut Secretar 000, Signature of Bidder Business Address 6145 Santiago CAAyQn-Road _ Place of Residence Date this I3th day of , _ June _ , 19 91 Bidder shall signify receipt of all Addenda here, If any: Addendum No. Date Received Bidder's Si nature P-3 ' PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached if necessary. 1. Firm Name: - filler Contracting Company 2. Address: 6145 Sariti ago _Canyon Roadw _ `3. Telephone: 7141639-1400 Orange, CA 92669 4. Type of firm-individual, partnership, or corporation: Corporation S. Corporation organized under the Iaws of the State of: Ca 1 i fore i a 6. Contractor's License Number: 001538 'A" Expiration Date: O2/29/92 (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. List the names and addresses of all members of the firm or names and titles of all officers of the corporation: (PLEASE SEE ATTACHED) 8. Number of years experience as a contractor in construction work: , 67 years — 9. List at least six projects completed as of recent data: CONTRACT CLASS OF DATE NAME, ADDRESS & PHONE AMOUNT WORK COMPLETED NUMBER OF OWNER (PLEASE SE ATTACHED) 10. List the name of the person who inspected the site of the proposed work for your firm: Rob McClellan - Estimator Date of Inspection: 11. If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P—4 _ 1 • SULLY-MILLER CONTRACTING COMPANY UNANIMOUS WRITTEN CONSENT OF THU DOARD OF DIRECTORS Soptemb©r 10, 1990 We, the undureigned, being all of the Directors of Sully-Miller Contracting Company, a California corporation, h0 rainAit0V referred to na t lie MCompanyr, do hereby consent to the Adoption of t:ha following ranolution: (AUTHORITY TO EXECUTC BIDS AND CONTRACTS) RESOLVED, that Any officer or annintant officer of thin Company be and each of them id hereby authorized to execute in the nnnus And on Luhulf of t;ltits Company candor ita corporate, lsdnl any and all propoualu for the bale of producta$ morchandise and oorvices of this Company and Any bids and performance bonda requirHd in connection t harawith, Involving an amount or valuo not In excoaa of ten million dollars ($10 million) in any one inatance to the United Status, any of the Sgnten e territories and dopendonciuu of the United Statuas the: Discrict of Coiu,abla, cit:lcG , towns , towflarlipa l countion, ochool dintrieta, and to the departmenca , polit lcal st;bdivissiona , n9ancies or wholly-owned a:orporAt:iona cheroof, or to uny other porison. The consent to tha Adoption of thin renolution by the Board of Dtrect:oza of this Cauiparly aB AfOrcarlld 011all be Oearned to Lu ats fully • offoctivo an it action herein authorized hud bean authorized by a meeting of the Board of Directorq of this Company, duly called and hold, at w1ach meeting ail of t:hc undorsignod wero phyuically prosent and the certification of tho Socretary of thi.a Company au Authorization herein conteLined may bey In this form of cart hying that tho aforenaid resolution wau adopt:od by thin Board of Directors at a mooting duly called and held oil the date I1eraof.. XN WITNESS WHEREOr, thin conaont hae been duly executed by tho undara3.r�nud. T, D. ]coward, J Rover LV Serpan ROY C Turnur Loo Do Allard a"0 1 to ce Yr. ! n T omery saee•bld%d6%eonzents 1 SULLY-MILLLR CONTRACTING ComPANY (a Caliiorni• oorporatLon) Incorporated May Z1, •1923 100% Owned by Pea&ar Waat, Ina. ID! 9S-1274390 D2REC"l'D}i5 (�� L 01►!'i�fRS • T. h. !toward, Jr. + Roy C. Turnar • Roger L. Sarpen Chief Rxecutive Officer/Chairman of the Board Wlliiwa► T. Llghtcap Preoidont Robert Be Holland Vlcs rreoldont • Leon R. Allard Vic* rrouidant L Chief rinanalal officer a noyte W. uont9omery Vlcu TCumLdvvvL@ Oaneral Cvuneol & Cocrotary R. a. And©rson, Jr. VLCs FeeaLdent & General Hanagur, alua Aiamond David P. Drsdtke Vice PrusIdent Randy Q. Lealis Viou reauLdout & Troasurer Coren• t!. Mcvehwe Vic* Preeldent & Controliur J. 0. tllair Assistant Secretary rd a. Chaplino, 211 Asolatant aucratury, J. 0. Cinmonto Assistant UaCrotarx Jerry Q. ftineo Assistant: Secrotary O.' r. Liter Aoalutant Secretary P. A. Lowe Assistant ElecretaCy 4, No Lubanko XweLotant QoCretary Dorothy H. AAy Auuirtaut Secretary Ceptsember 10, 1990 •nCC'03%4-a SULLY-MILLER CONTRACTING COMPANY PROJECT EXPERIENCE ORANGE OFFICE YEAR TYPE OF WORK PERFORMED VALVE OF WORK PERFORMED LOCATION OF WORK OWNER 1988 Street, Drainage & Utilities 510,170 Sara Place (Ontario) Southern Pacific Realty Company Street Reconstruction 440,880 Warner & Euclid City of Fountain Valley Street Maintenance 441,192 Various Locations City of Costa Mesa Street Overlay 548,596 Various Locations Orange County (EMA) Street Reconstruction 582,160 Coto De Caza Drive Coto De Caza Company New Roadways 875,990 Ortega Hwy & La Pata Dividend Development Company New Infrastructure 761,564 Railroad & Klug City of Corona New Roadways 654,446 Plano Trabuco & Dove Canyon Dove Canyon Company New Roadways 553,470 Barranca & E. Yale Loop The Irvine Company Overlay b Medians 730,324 Magnolia Avenue City of Garden Grove New Infrastructure 2,043,787 Tustin Ranch Road & Myford Rd. City of Tustin 1989 New Roadways 687,161 £i Toro & Bells Vireo A & C Properties New Infrastructure 683,076 Glenn Ranch Road Baldwin Company New Infrastructure 1,411,286 Saddle Back Ranch Road Baldwin Company New Roadways 582,160 Coto De Caza Drive Coto De Caza Company New Roadways 875,990 Ortega Hwy & La Pata Dividend Development Company New Roadways 654,446 Plano Trabuco & Dove Canyon Dove Canyon Company Roadway Repair 440,880 Warner Ave. & Euclid Street City of Fountain Valley Median & Paving 700,702 Magnolia Avenue City of Garden Grove New Roadways 553,470 Barranca & E. Yale Loop The Irvine Company New Roadways 741,137 Lake Forest & Canada P R P Development New Infrastructure 4,309,315 Jamboree Road N/0 Irvine Blvd. City of Tustin New Infrastructure 5,157,062 Tustin Ranch Road 1990 New Infrastructure 7,311,887 Jamboree Road N/0 Tustin Ranch Rd. City of Tustin New Infrastructure & Bridge 5,819,292 Barranca Parkway E/O Sand Canyon City of Irvine New Roadways 3,606,020 Santiago Canyon Road & Newport B. City of Orange New Roadways 3,392,912 Irvine Blvd. @ Lambert Orange County (ERA) Roadway Improvements 1,383,675 gall Road W/O Gilbert City of Anaheim New Roadways 683,619 Fountain Valley Price Club J.D. Diffenbaugh New Roadways 387,543 Tustin Auto Center City of Tustin Roadway Widening 746.002 Ball , Moody, Denni & Orange Cypress Homes New Roadways 1,312,918 Bake Parkway & Lake Forest William Lyon Company New Roadways 980,524 Bond & Charter The Irvine Company NOTE: The above is a partial listing of projects completed in the last three years. The Sully-Miller Orange Construction Division completes approximately 125 projects per year. i DESIGNATION OF SUBCONTRACTORS i In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100.4113 of the Government Code of the State of California,and any amendments thereto,each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime can- tractor in or aboutthe construction of the work or Improvement in an amount in excess of one-half(%)of one percent 0%) of the prime contrector's total bid,and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontractor for each portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract,he shall be deemed to have agreed to perform such portion himself,and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which no subcontractor was designated in the original bid 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 By submission of this proposal,the contractor certifies: 1. That he is able to and will perform the balance of all work Mich 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 sub-contractor for this project. P-5 j i NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID J.D. Blair----------------- , being first duly sworn, deposes and says : 1. That he or she is Assistant Secretary of Sully-Miller Contracting Company the party making the foregoing bid; 2 . That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; 3 . That the bid is genuine and not collusive or sham; 4 . That the bidder has not directly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrain from bidding; 5 . That the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder• .or any other bidder, or fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; 6 . That all statements contained in the bid are true; 7 . That the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct . J. . Blair Assistant Secretary ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. ti �r6 CORPORATE ACKNOWLEDGMENT No.2% CALIFORNIA j State of ---------- ------------------ On this the 13 ttttay of�ilA@ t9_91,before me, _ . .- - Cotmryof ORANGE ss' Al ice M�EnyliSh-----. the undersigned Notary Public,personally appeared " J.D. Blair--------------- - [g personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as 0„ 4 NX _Assistant S ec re t a ry--- or on behalf of time corporation therein �~ Mice M.Etr�h aplwnfefel RW named,and acknowledged to me that the corporation executed it. PGOICXML DROWA�n IMTNESS my hand and official seal. Ce��nrx+rs tkt 1 Notary's Signature ATTENTION NOTARY:Altho10 ft W metbn requested b*w is OPTIONAL.R Cold prerrent kauddant attachment or Ows certificate to another do=rlent T"sc`iRnRCATE Titleor Type of Document NONCOLLUSION—AEEIDAVTT MUST BE ATTACHED Number of Pages ONE Date of Document----JunA 11,_1 91 TO THE DOCUMENT NONE DESCRIBED AT RIGHT: Signer(s)Other Than Named Above 0 NAMPOL NOTARY As9000UM•8M Ro.s. M.•PO.Ban T tam•canoes P&k CA 9IM4 7104 ;z z ri c7- f, rt Lo Lm •.�, m r"J r. SEALED BID i I TO: CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Bid Date: June 13, 1991 - 10.00 AM Bid Proj : GARFIELD AVENUE RECONSTRUCTION & RESURFACING BETWEEN BEACH BLVD. & MAIN STREET IN THE j CITY OF HUNTINGTON BEACH (CC-806) I 1