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SULLY-MILLER CONTRACTING COMPANY - 1991-10-21
C . have received Maintenance Bond for , Sully Miller Contracting Co. , Street improvements- Warner btwn Algonquin St/ Edgewater Ln - CC-817 on behalf of the Treasurer's Office. Dated By 10�r 13O•IIM•�1 SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK. N. Y. BONA NO. MAINThNANCE BOND KNOW ALL MEN HY THESE PRESENTS: That we, SULLY MILLER CONTRACTING COMPANY_ hereinafter called the Principal, and SEABOARD SURETY CO`IPANY, a Now York corporation, with principal office at New York, New York, hereinafter called the. Surety, are firmly bound unto the CITY OF HUNTINCTON BEACH — - in the fc+1I and last sum UC ONE --_-- HUNDRED FIFTY_--SIX FIGHT HUNDRED Two And 20/100-- MHJ.ARS ( 156,802.20 Iawful money of the United States of America, to he paid to the said CITY OF HUNTINGTON BEACH to which payment well and truly to be made, we bind ourselves, our heirs executors, administrators, and successors, jointly and severally, firmly by these presents. Scaled with our seals and dated this 300 day of APR1L ,1992 WHEREAS, the above-hounded Principal entered into n contract with the CITY OF HUNTINGTON BEACH dated 1-17-92 for CASH CONTRACT 817. RESURFACE S RECONSTRUCT WARNER AVE. BETWEEN ALGONQUIN 6 EDGEWATER AVE. NOW, THEREFORE, the condition Of this obligation is such that if the above-hounded Principal shall remedy without cost to the said - CI_TY OF HUNTTNCTON BEACH _ any defects which may develop during a period of one (1) year from the date of completion and acceptance of the work performed under said contract provided such defects ere caused by de- fective or inferior materials or workmanship, then tills obligation shall be void; otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have duly exe- cuted this bond under seal the day and year above written. A'1"I'1;.5T PRINCIPAL: SULLY MILLER CONTRACTING COMPANY - — BY: Dale A. eve Ass- tent Secretary 4i Jl . Blair, Assistant Secretary SEABOARD (j;,,:/(Ojj;NY WITNESS: BY: Irene Lau, Attorney-in-Fact j 1 Q COS'S' Certified Copy SEA ARD SURETY Co NW` XX 8 5 2 6 No. •10323 ADMINI RATIVE OFFICES, BEDMINSTER, NEW JERSEY x 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 insurancepolicies,surety bonds,undertakings and other instruments of similar nature as follows: Limited to the amount of FIVE 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 .215it------- day of - .. .- _J�ql.Y............................. 19...88 Attest: SEABOARjSUR7ETC P NY, - 1927 Y e By (Seal) ................................................ ---------------- ...............................----------------- --- ------------------- Assistant Secrete Vice-President STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this 21 st.-- ------ day of ------ --------July------ ......--------....------------. . ...... ------.... 19...8U..., before me personally appeared- - - -Michael----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 ..Meta.--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 the said Company:that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of said Company by li stu:ry�thority. c* LINDA SMETHERS J'a 9N NOTARY PUBUIC OF NE A EY * NOTARY (Seal) C.Q- W My Comm,ss.on Exp'rev ec. 6, 1996 ........ yl PUBUC Qy Notary Public F°►NtW CERTI TE I the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII Section 1,of the By-Laws of SEABOARD SURETY COMPANY This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970 "RESOLVED (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds underwriting undertakings or other instruments described in said Article VII.Section 1,with like effect as if such seal and such signature had been manually affixed and made. hereby is authorized and approved" IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this Fo� 30th day of - -- APRIL 19 92 -- ---- --------- - . --- - -` Assistant Secretary ����/ Form 957(Rev 7,,84) G 00, 5o CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 April 30, 1992 Don Lowe Sully-Miller Contracting Company 6145 Santiago Canyon Road Orange, CA 92669 Subject: Warner Avenue Retention Payment; CC-817 Dear Don: As a reminder, a warranty bond guaranteeing the final amount of work and materials for one year is required to be on file with our office before the City can release any retention funds. Enclosed for your file, is a copy of the Notice of Completion with the recorded dated of April 22, 1992. If all goes well, release of funds should be May 27, 1992. Should you have any questions, please call me at (714) 536--5423. V Ally yours, R bItIlMartinez P oordinator 4 �J Construction Division l RAM:gd cc: .'City Clerk's'Office'^. Enclosure 3223g/16 • CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION MU4Ti%C104 REACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subject 10% RETENTION PAYMENT Date — �� —~ 1 cc -' cal� -�-- 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, T. VIL LLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: M LOUIS F. SANDOVAL, Public Works Director 1 certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. s Date- 'S — Z40AC. CONNIE BROCKWAY City Clerk I certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer 0574J RECORDED IN OFFICIALRECORDS 9r-CC2275 OFORANGE COUNTY.CAUFORNIA j•',_ UU 1 NO � P.M. APR 2 2 1992 �.._._`.i:..,;t��,--• ,nn '' 14 RECORDER WHEN,.RECORDED MAIL TO: p` CITY OF HUNTINGTON BEACH Office of the City Clerk P.0.Box 190 Hunfmaton Beach.Calif. 926AP 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., 6145 Santiago CAnvon Road, Orange CA 92669 who was the company thereon for doing the following work to-wit: Construction of street improvements on Warner Avenue between Algonquin Street and Edgewater Lane, CC-817. Owner: City of Huntington Beach . 2000 Main Street � Huntington Beach, CA 92648 Site: Warner Avenue between Algonquin Street and Edgewater Lane 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, April 20, 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 21st day of April 1992 , City Clerk and ex-offic' Cler 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-offfcio 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 21st day of April 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 eWrk Sec. 6103 and should be recorded of the City Council of the City free of charge. of Huntington Beach, California WHEN RECORDED MAIL TO t`/a� & 00 �a CONFORMED COP`( � l l rY OF Hof the City BEACH Not Compared with Original � — � 7I �+° Office of the City Clerk 91C1�� R W F ALRECORDS P 0 Box 190 OFORANGECOUNTY CALIFORNIA \ Hunhnpton Be ich Calif 926AF -DPtl) NOTICE OF COMPLETION P M APR 2 2 1992 NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council f `C4` Q C41&-V-4RECORDER the City of Huntington Beach, California to Sully—Miller Contracting Co , 6145 Santiago CAnyon Road, Orange, CA 92669 who_was the company thereon for doing the following work to-wit Thies Construction of street improvements on Warner Avenue-between Algonquin Street and Edgewater Lane, CC-817 - _ _ Add $ ._ f� Owner City of Huntington Beach ` 2000 Main Street Lt9R Ng $ Huntington Beach, CA 92648 $ Site Warner Avenue between Algonquin Street and Edgewater Lane Other $ Coal � Nature of Interest Easement A94 Fees 01T {NCO That said work was completed by said company according to plans and specifications �'�' `lOE•78 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, April 20, 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 21st day of April 1992 4. 2�,. -�, 2 City Clerk and ex-offic Clerk of the City Council of t e 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 21st day of April 19 92 This document is solely for the official business of the City of Huntin-ton Beach as contem— plated under Government Code City Clerk and ex-officio EMrk Council Sec 6103 and should be recorded of the of the City Pree of charge - of Huntingtngton Beaacc h, California _ REQUEST FOR CITY COUNCIL ACTI April 20, 1992 Date Submitted to: Honorable Mayor and City Council ^rJ?X0VZV BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrators _ S,[_ �p t94 Prepared by: Louis F. Sandoval, Director of Public Works . CITY rJ 'kX Subject: PAVEMENT REPAIRS AND ASPHALT OVERLAY ON , BETWEEN ALGONQUIN STREET AND EDGEWATER LANE; CC-817 Consistent with Council Policy? [ )f Yes [ ) New Policy or Exception Statement of Issue, Recommendation,Analysis, Fundinq Source, Alternative Actions, Attachments: QRw-,� STATEMENT OF ISSUE: Sully—Miller Contracting Company has completed the construction of street improvements along Warner Avenue, between Algonquin Street and Edgewater Lane; CC-817. RECOMME MION: Accept the improvements and authorize the City Clerk to file the Notice of Completion. ANALYS1: On October 21, 1991, the City Council awarded a contract to Sully—Miller Contracting Company to repair and overlay asphalt on Warner 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: CQuI]Cil Al2prQved Actual ExpendituraS Contract Amount $156,802.20 $146,466.03* Project Change Orders (10%) 15,600.00 —0— Project Incidentals 6,000.00 _ 2.000.00** estimate Total $178,402.20 $148,466.03 * Contract amount reflects actual quantities placed on project. ** Final testing costs are not in as of this date. Council approved $178,402.20 for this project. Actual expenditures for the work were $148,466.03, a savings of $29,936.17 (17%). FUNDING SOURCE: Sufficient City Gas Tax Funds were budgeted for Warner Avenue Rehabilitation project in Account Number E—SF—PC-817-6-32-00 to cover construction costs, project change orders, and project "incidentals". The Warner Avenue Street Improvement Project was a cooperative project with the County of Orange Arterial Highway Financing Program (A.H.F.P.). Their share of project cost is $74,200.00. ALTERNATIVE ANION: Not applicable ATTACHMENTS: V V / None MTU:LFS:RAM:gd pan filas *4 0244 Coe 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 AJIFP 1292 warner Ave. between Algonguin/Edgewater Project No. Tit e 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 , apprenl�.Lce cr 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 24 02 4 4C DECLARATION OF SATISFACTION OF CLAIMS I , Sully-Miller Contracting Co. , state : game of 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 A17P 1292 Contract 817 and dated 2/5/92 2 . All workers and persons employed, all firms supplying materials , and all subcontractors for the above-mentioned protect 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 18th day of March 19 92 -J.D. Eclair-Assistant Secretary ( Signature of Contractor ) I have received the Faithful Performance Bond and the tabor and Materials bond for Sull -Miller Contracting Co. , Street Improvements - Warner Avenue between Algonquin St/Edgewater Ln, CC-817 on behalf of the Treasurer's Office. Dated- �- %—/�---- - -- - By: �� P L- a ht_ BOND - 1 Public Mork-Cefiforr,ia Go,r.rn e-r C*Je BOND No. 232299-92 PREMIUM: INCLUDED IN -' BOND. S1:Ai3oAux) Si izorY CompANY 110►1E OFFICE, NEW YORK CITY, N.Y, LABOR AND MATFRIALS (Public Work - California) KNOW ALL MEN BY THESE PRFSENTS- That we. SULLY MILLER CONTRACTING COMPANY as Principal, and the SEABOARD SURETY COMPANY. a rotpoiatioa duly organized and doing business under and by virtue of thelawsof the Slate of New York, and duly licensed for the purpose of makiag, guaranteeing or becoming sole surely upon toads or un- detlakings required or authorized by the laws of the said State, as Surely, are held and firmly bound unto any and all material- men, pemons. Companies or corporations furnishing materials, provisions• provender or other supplies used in, upon,for of about the petformance al the work conttacted to be executed or performed under the contract hereinafter mentioned, and all petsons. Companies or Corporations renting or hiring teams.or implements or machinery, for or contributing to said work to be done, and ail persons who perform work or labor upon the same,and oil persons who supply beach work and materials, and whose claim has not been paid by the contractor,company or corporation,in the just and full sum of SEVENTY F.1611T THOUSAND FOUR HUNDRED ONE and 10/l0U ----- DOLLARS (S 78,401.IU ), for the payment wheiecd well :end truly to be made, said J'RINCIPAL, and SURETY bind themselves, their hrirc,adminimia. tore• successors and nssigns. Jum(ly and severaaliy, firmly by these presents. TIIF:CONDITION OF Tllk UARY IGIOBLIGATION IS SUCH THAT g}yll F,RFAS.the shove bounden I)RJN{:1PAI_has entered into a contrail. dalerl JAN 19 2 , with CITY OF HUNTINGTON BEACH to do and petlotm the following work• to wit- CASH CONTRACT 817. RESURFACE 6 RECONSTRUCT WAPNER AVE BETWEEN ALGONWIN b EDGEWATER AVf. AFPT OVFD A, TO FORM-1 GAIT, Est TOti CITY Ar `t lF, By.� ' DePuty City Attorney. NOW,THEREFORE,if said Principal,his or its heirs,executors,administrators,successors or assigns,shall fail to pay fix any materials,provisions, provender or other sup Jiro or trams.impplementi or machinery,used in,upon,for or about the performance of the work contracted to be done,or for any work or 11or 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],Tide 1 S,Part 4. Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said code,the sutety Of sureties hereon will pay for the same in an amount not exceeding the gum specified in this bond.otherwise thr 4bnve nl,ligatiws shall be -aid- In case soft is brought upon rl.is bond the said surety Of 747rrl3U will pay a lea+unable atroruey's fee I,,be Gard by the court. T-his bond shaft inure to the benefit of any and Af persons,com anies or corporations entitled to fife claims under Section 3181 of the Civil Code.so as to give a right of action eo them or their assigns in any suit brought upon this bond. SIGNED AND SEALED this_22M day of JANUARY - _ A-D, 19 92 _$UL1.Y_MILLER CONTRACTING COMPANY _ J.D. Blair. AB8i.stant Secretary SEABOARD SUR .TY CO PANY By_ IRENE LAU, A ttorney-io-Fact FORM 401 s/r� Feirhl„1 P.rfor.eo.+c. fiend BOND NO 1JL[JJ'N1 - PREMIUM:S 1,129.00 SI;AI30-kW) StiRL•'Ty C.O�I4;1�Y 110S1E OFFICV, f1ES' YORK CITY, N.Y. CONTRAC-l' BOND f Faithful Performanco) 1 KNflw Al.l.MEN NY TtIVSF.l'R SF.NfS: Thnt we. SULLY HILLER CONTRACTING COMPANY as f+rincrp.d. and(tic SLAHOARD XURFTY COMPANY. a corporation duly organized and doing business unrlrr and by virtue of the laws of the Stdc of Nrw York, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undrrtak,nits rrquired or authorized by lhr laws of the said Stale, as Sorely, are held and firmly bound unto Or. CITY OF HUNTINGTON REACH (hereinafter caned the Obligee). in Ihr cum of ONE HUNDRED FIFTY SIX THOUSAND EIGHT HUNDRED TWO and 20/100 DOLLARS (S 156,802.20 1 tar the payment whereof well and truly to be made we and cock of us bind ourselves,our heirs,executors.administrators, succecaors and assigns.jointly and severally, firmly by These presents. r TIIF. CONDITION OF TIIF, ABOVt. 01I1.IGATION IS SUCH THAT, WIIEREAS. the above bounden principal has entered into n cnniraCt dated JANUARY 17 to 92 with the said CITY OF HUNTINGTON BEACH to do and perform Ihr fulloring work anvil: CASH CONTRACT 817. RESURFACE 5 RECONSTRUCT WARNER AVE. ➢ETYEEN ALGONQUIN & EDGEWATER AVE. AI'PpOvE!) A5 TO FO EVA:1 GAII, BIJ7TON CITY ATi"r.GF.X P;r no ,-'•: CI!-y Attorney a ropy of which contract is or may be attached hereto, and is hereby referred to and made a part hereof. NOW. THEREFORE, if the above bounden principal shall well and truly perlora, the work contracted to be performed under said cvrrtrart, then this obligation to be null and void;otherwise to remain in full force and effect-No right of action shall accrue under this bond to of for the use of any person other than the said Obligce_ SIGNED AND SEALED this 22nd day of JANUARY A- D_ 19 92 _�!l.G.I.X Mz3rfr�i�GON�RAGTIflSiS9HpANY _-- J.D. 911911r, Assistant ;secretary SEA130ARD SLI ETY C MPANY BY TRENE LAU, Atto�neacl. row,i yea a rvr"„CU`'"p' SEABOARD SURETY CONFANY No. 10323 ADMINI ATIVE OFFICES, BEDMINSTER, NEW 'SE Y NNNN 7 3 2 5 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 FIVE 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 t.me determine. Tne 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 .--2.1st---._ day of July _ 19 - - -88 RE, -- : Attest _ SEA RD URETY COMP Y. _ 1927 By L� _ = (Seal) Gt Q -- - -- ------------ Assistant�reta ice-President =- STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET = On this ... - 21 st--.--_ -- day of .. . ...July -- --- 19 .88..-, before me personally appeared---- Mi-chael-.-3.-. _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--Jerseu..-; that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing=- instrument:that he knows the corporate seal of the said Company:that the seal affixed to said instrument is such corporate seat;--.- 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 =- s�udCompany by like authority. r'tt ICE M. CATALANO - (Seal) r} AARY PUBLIC OF NEW IERSEY == y, •-Oii, u.. Notary' Alp,Lii11SS10fl Exp. 1 �,., •l, ly9i Public CERTI F I CATE - f gey%tders gned Ass�sta,•t Secretary of SEABOARD SURE-Y COMPANY do hereby certify tr.at the ore:nal Power of Attorney of which the foregoing is_- a;uf, tr nd correct copy is ir•tu,l force and effect on the date of tnis Cert;ficate and I do further certify that the Vice-President who executed the said Powera Attorney was one of the Officers authorized by the Board of Directors to appoint ar,attorney-m-fact as provided;n Article VII,Section 1 of the By-Laws of SEABOARD SURE'Y COMPANY -- Tits Certificate may be signed and sealed by facsimile under and oy 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 or.the 25th day of March 1970 "RESOLVED (2i That the use of a printed facsimile of the corporate seal of the Ccmpany and of tn.e s.gna ure 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 autnorizing a^ attorney-,n-fact to sign in the name and Or, behalf of the Company surety bonds underwriting undertakings or other---- instruments described in satc Article VII• Section 1, with lixe effect as if sucr, seat and such signature nad 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 - ;�Rrr, - - 22nd -- day of -. J?�.Ll',R1 19 -- 5�' . 1927 a�Y s;stant S S8,y =- 95 } - 7- e SULLY-MILLZR CONTRACTING COMPANY UNA ZNOUfi WR1'Vt N COKiENT OF '1111e WAuO of, DIRECTORS SOPLaklibax Lo, 3 q�u Wa, also uisdurnigned, Deing all of the olrectora of Sully-Miller Contractfnq Cosupany, a California cvrporatlori, hGr*ittAfrt .r rafarrea to ah Lile -Ccapany", do hereby conRent to the ndOptiiort of r0m '£ollowing rasolution s (AUTHORITY TO EXECUTC SIDS AND CONTiLWTS) ItFSOLVED, that Any officar or aenictanc otfLcar of zhle COMPA ly be oncl tsach of LhL'Iq i s& I)Qreby autnorizen L'a 4c:Xecuz+4 In t1jo nauto and on Lch"A .' of L LA&% COjup Ay Qadnc ILL carpuret:o trawl any and all propoaalu for the Salo of productA , sjorchanasse and Aorviccc of zhi.a Company anct any bide and pa rforawince oondis requir64 s,t conillect»loa uJivrswLth, InvolVing an amount or value riot In excaaa of ran million aollarn f;10 iUlla ony I'n Any Ono instance to 0w urtiltecl Stratus + asiy of r-hu S[atco s twscrluorloss "0 clependoncias of trio United Statogi tho Diatrlcr. of C01141=1u , ctcica , towno , t:ownunlpa , cQuntioa, uclsoal diarrlctn, and to Wit; dapastrnancrs , pall.tical uj�bdS.visi.btty , aclanclon or wholly--ownad corporatContt cheroot, or to „ny ocner parson. The coneent to rha adoption of this resolution by the Sward of Di rccLOFA of thin Cotupany as AforeSnld unall De Qee111e4 to DO ats fully • affuctiV4 as it action herein authprtzed had beoA aUthorizryu Dy A mr:,3t.ing of zhe koard or 01ract orci of tots Coral.-ally, duly calldd aria held, At WhiCh meati>3g alb. of Lltc undorolgn&4 were p13yoIcAlly prosent Una the carcifi.cati.on of Cn* Sucret:ary of t:hi.a Company as+ authorization heral.n containad stay be Lit the Corm of carLIrying that tha atoresaLa resolution waa adoptrod Py thle boar4 of DircctOra at A la6dt.i.ng auiy Cr,ilen and 1161c1" ads L'1l[3 cote, iterQaf . IN %41TNESS wn9RE0r, this torment has been duly Axecuted by the unddrbiclrsud. T. D. ttownrd, Jr. Rog r Y. Serpan AQ Roy C ' Loo u. Allard to ce w. 1-16n omary seeee•bl41db1eaa :cats FEB 04 o? 11: 5ULLY M LL_LtK Urc V 1 v 4ULLY-MMLL14 CONTiI MHO COMPAHr to cnllLQXmLA aorptrr.tio►11 Incorporated Way 21, 1923 100% ovuwa by gsac.r Goon" Ina. I4� 95-1�74a4b Dt1l�CTORS _�_'� tA��ICx1t6 • T. 0. Howard, Jr. * Ray O. Turnar Rogor L. raorP411 Chief xxwcutLvn 4trlcur/Chairman of that award W1.17.Lwa T. L1911toar revaLdo"t Ao"rt S. Holland VLca Arooidant "Oil v. Allard Vice rraolaont A Chia! rLA&nolal OitLC&r Aoyca W. Hont{domory VLau rr«»La„r+4, conoral coul+ool a 609rotary P— O. AndACYa4+, Jr. Via• yrooldonc i. G6nwra1 Karl+►yur, filuw 01,mudnd pwvtd A. arodtko V1Cu ptuoldeoC A&Ady O. "alto VLoo PeooJL4ujtt C TCO*aursr Cosa. K. Hcael►Oa YLa• rr*+.la(&nc 6 Co►►crollur J. N. >,IMLe A""Louas+1: gwcerl:ArY Ud 0. C1lap1ln6, III A4019sw►1C awctwcury J. O. Momonce A*wl.ataAt uoceeta.y JOrry M. 111.8%06 AmoLutooW CsGtOLoty LLtar AuoLUGaIM 3UGVwU&CY n. A. Lvao hoslot&AL SOCCUL&CY o. H. Woonko Awmts4AAt nootwtarY Dorothy H. Rmy AMrlr4a+►t Gwctotary Coptembor 10, 1090 encatiol�e-o CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 5, 1992 Sully-:filler Contracting Co. 6145 Santiago Canyon Road Orange, CA 92669 RE: Construction of Street Improvements - darner Avenue between Algonquin St/Edgewater Ln PROJECT CC-817 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds , please call Don Noble, Contracts Administrator, 536-5441 . Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 1 TNop+wns:7 1 4-5363 2Z7) - I SULLY - MILLER SULLY-MILLER CONTRACTING COMPANY,6145 SANTIAGO CANYON ROAD,ORANGE,CA 92669 USA TEL: 7 1 416 39-1 400 FAX 714/538.8053 TRANSMITTAL LETTER To: City of Huntington Beach Date: January 30, 1992 Public Works Department 2000 Main Street Subject- Contract & Insurance P.O. Box 190 Huntington Beach, CA 92648 Job Title: Street Improvements on Warner Avenue Attention- Robert Martinez, Project Coordinator Job Number: Cash Contract 817 Sully-Miller Job No: 240244C Gentleman:' We are sending you X herewith the following) ___under separate cover 1 (original) Cash Contract 817 - Warner Avenue 1 (original) Certificate of Insurance 1 (original) Labor and Materials Bond 1 (original) Performance Bond For your: Perusal- — Approval X —/Files—— I Quotation_ Use_ _I Reply y/Signature--- Other Remarks. Should you have any questions regarding the insurance or bonds please call Nicki Freeman in our Long Beach office (310) 531-3550 ext. 395. For questions concerning the contract please call Jim.at (714) 639-1400. ' Please make sure I receive an executed copy ASAP. Thank You. Sincerely, +I --- Michelle B the; Caitx-act Coardinaator FORM No STOC23 12-97 CERTIFICATE OF INSURANCE ISSUE DATE(MMiDD/YY) ® 1-22-92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO �± RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. Arthur J. Gaiiagher $ Co. EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW 12221 Merit Drive, Suite 670 Companies Affording Coverage Dallas, TX 75251 - Company A Zurich Insurance Company Letter INSURED Company 8 Letter Sully-Miller Contracting Company Company D 3000 E. South St. Letter Long Beach, CA 90805 Company D Letter Company E Leiter COVERAGES THIS IS To CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMFNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSK]NS. AND CONDITIONS OF H POLICES LIKITS IVOWN MAYHAVE FEN REDUCEO BY PAt rM CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY ALL LIMITS IN THOUSANDS Lit DATE IMM,DDNVI EXPIRATION DATE IMIA110D."I General Liability GENERAL AGGREGATE 110.000. A 0 Commercial General Liability CGL 1423786 4-1-91 4-1-92 PROQUCTS.COMPrOPS AGGREGATE t+o.000. ❑claims Made N Occurrence PERSONAL S A0VERTrS1NG MArAY S5.000. ❑Owners& Contractors Protecwe EACH OCCURRENCE $5.p00. ❑ FIRE DAMAGE(ANY QNE FIRE) f50. MEDICAL EXPENSE(ANY ONE $5, PERSONI Automobile Liability combined ss,oao, A Singte N Any Auto TAP 1423787 - TX Limit All Owned Autos 4-1-91 4-1-92 BAP 1423785-0/S Bad)tr rmrurr ❑Scheduled Autos I P a r PerltonI s - ®Hired Autos ®Non-owned Autos [A',A Zy '.n11cddenl f Garage Ltabdity ❑ Prooe,tY Damage Excess Liability o Each Aggregate CCU❑ Umbroila Form �] Outer Than Umbrella Form s S Workers' Compensation Self Insured by State• PPROVED AS Statutory And of California Cert. AIL iT.Ui TON s Each Accident No. 1 130 ;1 TY Am �'; $ Dr..,,e-Pdic LUnit Employers' Liability s Disease Each Employee) Other Deputy C"_y Attorne'y Description of Operations/LocationsNehicies/Special Items STREET IMPROVEMENTS WARNER AVE. C.C. 817. THE CITY OF HUNTINGTON BEACH IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS SULLY MILLER CONTRACTING COMPANY'S OPERATIONS ONLY. CERTIFICATE 11OLDIED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF HUNT INGZ'Ot<I:.$EACH EXPIRATION DATE THEREOF. THE LWj[NG COMPANY WL.L��t MA) D DA� WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 2000 MAIN STREET X> C#�K4fW4iX9[X> �Qf4l�{41D P.O. BOX 190 HUNTINGTON BEACH, CA 92648 Author ir epresentative n C-U t A!G 6/86 THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL. RELATIONS OFFICE OF THE DIRECTOR NUmmF:R 1130 J • CERTIFICATE OF CONSENT ' TO SELF-INSURE THIS IS TO CERTIFY, That-SULLY—MILLER CONTRACTING COMPANY (a California corporation) 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 cP cate may be revoked at any time for good cause shown. EFFECTIVE: DEPARTMENT OF INDUSTRIAL-kELATIONS r �_ OF•THE STATE OF ALIFORNIA� J THE lSt DAY OF ul19rr77 . 8 fir-•• DONALD VIAL DIRECTOR RICHARD S. �*may SON MANAGER °Rev o r' gate.—"A certificate of consent to tslelVlf--insure may be revoked by the Director of Industrial Relations at any time for good cause after a hearing. Good cause incitrdes, among other things, the impairment of the solvency of such employer, the inability of the employer to fulfill his obligations, or the practice by such employer Sbis agent in charge of the administration of obligations under this division of any of the following: (a)Habitually and as a matter of Practice and custom inducing lmants for compensation'to accept less than the compensation due or making it necessary for them to resort to proceedings against the employer to secureai:ompensation due; (b) Discharging his compensation obligations in a dishonest manner: (c) Discharging his compensation obligations in such a manner as to chuse injury to the public or those dealing with him:' (Section 3702 of Labor Code.) The Certificate may be revoked for noncompliance with Title 8 California Administrative Code, Group 2—Administration of Self-Insurance. 'Supersedes Certi?icate No. 0048-E, issued to SULLY—MILLER CONTRACTING COMPANY on August 22, 1973 and Certificate No. 1130, on October 1, 1967. FORM A-4.10 Wq&�13 WDS.a01.a.1..00Ii 0 Osr CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SULLY-MILLER CONTRACTING COMPANY FOR THE RESURFACING AND RECONSTRUCTION OF WARNER AVENUE BETWEEN ALGONQUIN STREET AND EDGEWATER AVENUE SEQTIO1 PAGE 1 Statement of Work; Acceptance of Risk . . . . . . . 1 2 Acceptance of Conditions of Work; Plans and Specifications . . . . . . . . . . . . . . . . . 2 3 Compensation. . . . . . . . . . . . . . . . . . . . 4 4. Commencement of Project . . . . . . . . . . . . . . 4 5 Time of the Essence . . . . . . . . . . . . . . . . 4 6 Changes . . . . . . . . . . . . . . . . . . . . . . 5 7 Notice to Proceed . . . . . . . . . . . . . . . . . 6 8 Bonds . . . . . . . . . . . . . . . . . . . . . . . 6 9 Warranties . . . . . . . . . . . . . . . . . . . . . 6 10 Independent Contractor . . . . . . . . . . . . . . . 7 11 Liquidated Damages/Delays . . . . . . . . . . . . . 7 12 Differing Site Conditions . . . . . . . . . . . . . 9 13 Variations in Estimated Quantities . . . . . . . . . 10 14 Progress Payments . . . . 10 15 withheld Contract Funds, Substitution of Securities 11 16 Affidavits of Satisfaction of Claims . . . . . . . . 11 17 waiver of Claims. . . . . . . . . . . . . . 12 18 Indemnification, Defense, Hold Harmless . . . . . . 12 19 KWorkers ' Compensation Insurance. . . . . . . . . . 12 20 Insurance . . . . . . . 21 Certificates of Insurance; Additional Insured Endorsement . . . . . . . . . . . . . . . 14 22 Default and Termination . . . . . . . . . . . . . . 15 23 Disposition of Plans, Estimates and Other Documents 15 24 Non-Assignability . . . . . . . . . . . . . . . . . 16 25 City Employees and Officials . . . . . . . . . . . . 16 26 Stop Notices; Recovery of Administrative Costs . . . 16 27 Immigration . . . . . . . . . . . . . . . . . . . . 16 28 Notices . . . . . . . . . . . . . . . . . . . . . . 17 29 Captions. . . . . . . . . . . . . . . . . . . . . . 17 30 Legal Services Subcontracting Prohibited. . . . . . 17 31 Entirety. . . . . . . . . . . . . . . . . . . . . . 18 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SULLY-MILLER CONTRACTING COMPANY FOR THE RESURFACING AND RECONSTRUCTION OF WARNER AVENUE BETWEEN ALGONQUIN STREET AND EDGEWATER AVENUE THIS AGREEMENT is made and entered into on this 5th day of February 1992, 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 CO. , a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the resurfacing and reconstruction of Warner Avenue between Algonquin Street and Edgewater Lane 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, -1- from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, -2- directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include: A., This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard SpecifiggtionnsfQr P"blic Works , published by Builder ' s News, Inc . , 3055 Overland Avenue, Los Angeles , California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY -3- (hereinafter referred to as "DPW" ) , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPEN,SATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Fifty-six Thousand Eight Hundred Two and 20/100 Dollars ($156, 802 .20) , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4 . COMNENCEMENT 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 sixty (60) consecutive calendar days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement . 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. -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 the terms and provisions of this Agreement . CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by 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 -5- proposal , the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 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 . BOSS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR' S faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of 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 -6- workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 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 herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty and no/100 Dollars ($250. 00) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth 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 herein fixed for the completion of the work shall be extended by -8- 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 . DIFEE_ RINQ SITE CQNDITI0NS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed -9- 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 and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. -10- When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement . 16. AFFIDAVITS QF SATISFACTION OF CLAIMS After the completion of the work contemplated by this -11- 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 . 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken 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. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to the California Labor Code Section 1861, -12- CONTRACTOR acknowledges awareness of Section 3700 et seq. of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with all such laws and 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 occurrence, One Hundred Thousand Dollars ($100, 000) bodily injury by disease, each employee, and Two Hundred 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. 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 -13- 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) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 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 this Agreement; 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 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 this Agreement . CITY or its representative shall -14- 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 to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports , calculations, maps and other documents pertaining to this -15- 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 EMPLOYEE5 AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant 'to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with -16- the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U. S.C- § 1329a regarding employment verification. 28 . DICES All notices required or permitted hereunder shall be delivered in person or by. registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CATIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement . 30 . LEGAL SERVIQES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED -17- 31. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH SULLY-MILLER CONTRACTING CO. a municipal corporation of the State of California By: _ ,)'4 /0-, J.D. Blair Mayor Its• Assistant Secretary ATTEST: APPROVED AS TO FORM: e3:7,og City Clerk &;X City Attorney 9I REVIEWED AND APPROVED: IN ZED AND PROVED: City A ministrator Direct r of Public Works -18- • ` P. SULLY--MILLf tt CONTRACTING COMPANY LfNI.1JIkfjU� hilsl'3'J'!iDj coriSxwr or orm", :"s0r_ko O" DIRECTORS �uaital:si�n� i0, i'.j9u W6, [:hcs UILdUrtlsgned, Leing all of the ulrec>rr►rs of Sully-MI110r Contractlny COmpany, u C all,fornl.a Cj>.rporattorl, nureirjaftdir >'utc:rXf'a 1.0 a#, Liu 'Company„, do he reby comiont rn tnft ndopr-Lon of t it= followingXvt3glut i[jri; (AU'TIIDRZTY TO I:XFCIJI,r D i n): 1WR C0N'j'RAC't'S) 1UFSOLVED, that: r,jly officur or aatiiuz<art>r of fic©r of thlu Cowipany be and o;,C1t of 1:hcia its l,ureljy outrIOrlAcc t;.Q ♦:XeC61At►a ih tlll: nckwu Arkd Afl Lchdall. 01.. l.)l.l j$ COv.-pt,ny randvo iLa CQI* Grat.E, trawl any alto all prOpU►culja ZUx D)tO DIM10 . Of prOduc Lit, morcnanairsc; anti norvicer. of shift Company alto ujty b.Lcars r,nrJ perfoxmonco i)uraCts rfaquIrha J n wo,inac r-,Lori Lhurbwich, Lnv0l.Yinij an ajnounG or value nor- Ln exLcaL of xen million aC332are (yx0 million) .i•n any c�ne3 1nuirunC4 LO thi: UnI.UC!Q SICar-us, arty Of 101C SgrntL:rl , r.�rrJ.iGrlc3:j r,r,cl aepettdunciou of chu Urcit04 sr-atos , tlty U1.asCl�l.ctr of Colu,aUiu , clC1CL , t;owltu I towrttin1pd , ca,untlGti� asc)SOOl ci.zt3CrlCtm, and to i.f1c: da:fic�rLfn�[1Cr; f p�,ll.c �ctti t,1'bci.viLu-Losta: j c,gunc1_na Ur wrlally-ow+ttc;�t r,s i�c,rrxG.loris+ t rr ru .,ry ncncr v.4cardon. The 'connent to tha adoption of this reaoluti.on by the Bo&rd of Di cccurd or t;hia colupally au aforefsalct f5hall be U.!6jn.'.:a co 7.)u au iul.ly - uffuttivci an If action hure4ji tL.trhor.lAed ha- 0 boon aU1:)tcli::t cl by n 111t:,,t:tng of t ma 140ar f of LimcrorR of t hit C010flajly, L3uly a~allucI alict nald, at which mean-irlo ail of ;he undvra lUnGA wa-r4 phycj ich l ly pro;ient: anti t ha c.u r ci f ' cation of t:nu Wucrecuvy of t:iva Cojnpe,ny nja uuthorigation her(-in conmal m-,-0 MAY f,,e lit Lf-,i: tQvitt Of cert.lfyinsj 'Ghat tht3 af4r%-saki retioliition wrau aunPtOd ray this board rst. DirQCLOrn ur, 11 rrlr,c.,cirty duly C111- 11nct [And hol- i Silt the ctar.E: 114roof . XN WIT14ErS.S �tHP_Itf:Qt•, thlu conrjant hav bben dilly exerlltad by the u`id0r is irj1tt:C1 T, Is, itol i:cL, JZ Rt)Cjc.i' 1. 5C-1'I1i11+ !,nojl D. A-11c% rd to ce rl. ii0 m jomury srsc•e . f, l d\ dd \ tanaent � r .�f.. FEB 04 '9" 11:0S SULLY ! ER OR DI`V' P 1 11, Aid1Y,Jo'!"•w-!'f13.,Y.1,'';T 4'UN'1°1`dltC`3'xN�i y;'CA,��ANY '• tp C,nl,.).L�s:sii.x eyleX'jttir:•stt,�at} xrl orY'rn>;'atod Way 21, 1.4)7:i Ch'illutd by 4841.Sr kdr�u�r x.ts�r. P l O r►sr``k't3104-Lot Tkogdar L. riieerl4an Chlat rxecutivas 0XrLcnr/ChALellkran Of tR4* t'snn.sa2 W11,11" T. 161.9kitoor Pa;#►aAL40s4t Tkok)xrt R. liollAnd VLa" A+r"Claam, • Loosk D. .hllard Vic* Molaanc A Chia t riAhaaill officer Rays: W. hooLgoot+tr:y ta4.00 t"a°,.:rd:alwatt.a a3aalaral C0044000•1 41 4COPCOCai'y F.. aF= aneter&O,s, •yx'. V�.aMa 3r're,Dn,I.CLsJtiC it 4Lawral 11a1.a:k�as[', ;G2.lAa DLarrsoatt3 L1avld P, Or^dt ho V1C:u i•i:aeas.LalaVTe„ Aaady O. X.aralLa VJ.�w A�araltiluraf; dR R'restaxi�+ltac r*a�srna► a. MCucaaaw VLcr !•xw�lQi.t1C b e:ot►f.CsYllesr 014ir fli�uLtlt:iliia+ .i.vsC:I:v4a►ry 94 A. ClawQilney ZXX A4414d Al; 6uc:treury 4. D. f'4 o iant* Araa,i,aAu&j%t 040i6tacy ,�trrla r. IstA sirs Ammluta oU 4ocrbtaxy //f{3• 7.1• yyl.*wa hw.rf o�.A t:aA41-: /tf�uceata►e:y Y. ?a. LUbanka Am41.Vd,;,,AAd;," 400axituary Dorothy M. Itny Jtu..1�ol:aart Nt+ci t�4,aY'y Copte mbaez X0, 1990 REQUEST FOR CITY COUNCIL ACTION Date October 21, 1921 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL. Submitted b Michael T. Uberuaga, City Administra / b Y� I9S/ Prepared by: {"-Louis F. Sandoval, Director of Public Works TY Subject: Bid Results for the Street Improvements on Warner Avenue between Algonquin Street and Edgewater Lane; CC-817 Consistent with Council Policy? ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: On August 19, 1991, City Council authorized a call for bids for the reconstruction and resurfacing of Warner Avenue between Algonquin Street and the Edgewater Street. RECOMMENDATION: I. Accept the low bid and award the contract to Sully--Miller Contracting Company, 6145 Santiago Canyon Road, Orange, CA 92669. 2. Authorize the Director of Public Works to expend $160,000 to cover contract cost of $156,820.20, estimated construction change orders of $15,600 and anticipated "incidental" expenditures of $6,000. 3. Approve the attached sample contract subject to award of contract to the lowest responsive bidder. ANALYSIS: The total project was estimated at $277,600. Bids were received on October 1, 1991, and listed below in dollar amount: Contractor Bids Bid Amount 1. Sully—Miller Contracting Company $156,802.20 2. Vernon Paving Company 166,516.44 3. Western State Colplaning 168,422.90 4. Fecit Strata, Inc. 170,816.00 (Corrected $169,984.40) 5. R.J. Noble Company 172,814.00 6. Excel Paving Company 179,875.00 7. SiIva Construction, Inc. 182,147.10 8. DBL Construction Corp. 189,315.58 9. Griffith Company 195,636.00 10. All American Asphalt 199,554.38 (Corrected $199,554.58) RCA - Bid Results for St. Imp.; CC-817 October 21, 199I Page 2 FUNDING SOURCE: Contract Amount $156,802.20 * Project Change Orders 15,600.00 ** Project "Incidentals" 6,000.00 TOTAL $178,402.20 * Standard 10% administrative Change Order limit per City Council Resolution Number 4896. Examples of possible Change Orders include such things as changes in field conditions, unavailable materials, weather delays, errors in the plans and changed City requirements. ** Such as soil testing, Edison electrical hook-up, water service, etc. Sufficient funds for this project are budgeted in fiscal account number #E-S F-P C-817-6-3 2-00. The Warner Avenue Street Improvement Project is a cooperative project with the County of Orange Arterial Highway Financing Program (A.H.F.P.) funded as follows: County of Orange A.H.F.P. Funds: $75,876.10 City of Huntington Beach Gas Tax Funds: a. Matching funds 75,876.10 b. Funds ineligible for matching funds* 5.050.00 Construction Contract Total $156,802.20 * Items not eligible for A.H.F.P. participation, such as, raising to grade of all sewer manhole and water valves. ALTERNATIVE ACTION: Reject low bid or all bids and do not proceed with the construction. ATTACHMENTS: Project Location Map MTU:LFS:RAM:dw 3063g/5&6 r W z z 4 �O -A r8oLSA AV Y O AROOSY O m ; Yc FA P AYE Y t a EpING R AVECENTER DRIVE � v PROJECT SITE t[EIL AV 0 H WARN R H AVE SLATE R AVE n m A TA LB ERT AVE I AIz O A Y E S� I I cl: t GARFILED_ AVEtr # YORK rowN AVE 1p _ VI N U1 ADAM AVE r a O ¢ 4u ` 9 Y IN A 1 AVE _ } 7 N dea a a: Q O W ' m ATL cc O AVE _ ° ti ►. HA m AVE z CITY OF y F SAHN2NG AVE HUNTI NGTON 13EACH WARNER AV STREET EMPROVFA ENTS I have received the bid bonds dnr•behalf of the Treasurer's Office October 1, 19 K - 2:00 p.m. DATE: - ENGINER'S ESTIMATE: $277 700 PRWECT ENGINEER Robert Martinez SOB AND CC NUMBER: WARNER AVENUE REOONSTRUC icy/1RFSURFAGING; CC-B17 BIDDERS 'RAME TOTAL BID AMOUNT 1. All American Asphalt .01 /� ,r 2. B /D Electrical, Incorporated 3. Clayton Engineerinq 4. D B L Construction 5. Escudero, Robert - Inc 5. Excel Pavi ob 7. Fecit Strata 0 4 /6• Q 8. Griffith C to 3 . �tD 9. Hillcrest Contractin 10. Land W Engineering Contractors 11. Moore Electrical Contracts 12. R. J. Noble . 0c) 13. Pacific Asphalt Fecyclin 14. Pavement Recycling Systems 15. Silvia Construction 16. Stein and Company 17. Sully-Miller . 18. Vernon Pavin _ '917 RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA BOND NO: U953378 BID BOND APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS A.I_A. DOCUMENT NO. A-310 [FEB. 1970 EDJ KNOW ALL BY THESE PRESENTS, that we GR I F F I T H COMP ANY 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 C I T Y OF HUNT I NGTON BEACH as Obligee, hereinafter called the Obligee, In the sum of TEN PERCENT OF THE AMOUNT BID Dollars 0 t0•/4 ), 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 SPECI F I CAT I ON AND SPECI AL PROV I SIONS FOR RESURFACING AND RECONSTRUCTION ON WARNER AVENUE BETWEEN ALGONQUIN STREET AND EDGEWATER LANE , CC-817 IN THE CITY OF HUNTINGTON BEACH, A . H. F . P . PROJECT NO. 1292 NOW, THEREFORE, If the Obligee shall accept the bid- of the Principal and the Principal shall enter Into a Contract with the Obligee In accordance with the terms of such bid, and give such bond or bonds as may be specified In the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or In the event of the failure of the Principal to enter such Contract and give such bond or bonds, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee may In good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2 6T H day of S E P T E MBE R A.D. 19 91 RIFFITH gOMPANY (Prmipai) (Seal) (Wilness) THOMAS L.FOSS VICE PRESIDENT (T die) RELIANCE INSURANCE COMPANY By �C " F ' 1� �J .'f4' BDR-2305 Ea. 10-73 BARBARA L. JASKI'b ATTORNEY—IN-1:ACT SC-22SPIEP "0 J PREMIUM -NIL - GRIFFITH COMPANY, ' RELIANCE INSURANCE COMPANY HEAD OFFICE.PHILADELPHIA.PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY-THESE PRESENTS. That the RELIANCE INSURANCE COMPANY• a corporation duty organized under the taws of trio State or PennsytvanwL does hereby make.constitute and appoint BARBARA L. JASKI of RIVERSIDE, CALIFORNIA ---------- its true and lawful Attorney-in-Fact to rake.execute.seal and dWver fa and on its behalf.And as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ---------- and to bind Vw RELIANCE INSURANCE COMPANY thereby as fully and to " same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and seated and attested by one other of such officer&and hereby ratifies and confirms as that its said Anorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney Is granted under and by authority of Article VII of the By-taws of RELIANCE INSURANCE COMPANY which became effective 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 Directoa,tM President the Chairman of the Board.any Senior Vice President,any trice President or Assistant Vtce President or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize thorn to execute on behalf of the Company.bonds and undertakings. recogrnzarsem contracts of indemnity and other writings obligatory in the nature thereof.and(b) to remove any such Ancrney-in-fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shun haws power and authonty.subject to the terms and limitations of the power of attorney issued to them,to execute and ateiiver on behalf of the Company.bonds and undertaking&recognizance&contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for Me validity of any bonds and undertakings.recognrzances.Contracts of indemnity and other writings obligatory in the nature nlereof. 3" Attomeys-in-Fad shalt have power and authonty to execute alfldavll3 required to be attached to bonds.recognizance&contracts of indem- nity or other conditional or otNrgatory undertakings and May shall also have power and authonty to certify the financial statement of the Company and to copses 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 Director of RELIANCE INSURANCE COMPANY of a meeting held on the SM day of.tune. 1979.at which a quorum was present and said Resokition has not been amended or repeated: 'Resolved.that the signatures of such directors and officer and the seal of the Company may be affixed to any such Power of attorney or any certificate re4atirig thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and pinding upon the Company and any such power so executed and Certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached IN WITNESS WHEREOF.fjnIR LtANCE INSURANCE�rOfS�PANY has cause jhese presents to be signed by its Vice President and�corporate seal to be hereto affixed.this 1 lL day of .J ll lx 19 -1 RELIANCE INSURANCE COMPANY •� r � Pre9rdant 1 STATEOF Washington 1 COUNTY OF King r u On this 12th day at July 199 1.personally appeared Lawrence W. Carlstrom W me known to be the Vice-President at the RELIANCE INSURANCE COMPANY. an nowtodged that he executed rind gat"od the foregong instrument and affixed the seal of said corporation thereto.and that Article lint. Set 1. 2. a 301 the Ely-Laws of said Company and the Resolu. tion,set forth therein.are sell in full force L� Y My Commission Expires: a� ' May 15 .19 94 ��**�y Notary Public in and fps State Of Washin on Residing at Tacoma f. Marjorie S. Hansen Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct Copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY• which is still in full force and effect IN WITNESS WHEREOF.I have hereunto set my hand and affixed the seal of said Company this 26TH of SEPTE`tBER 19 9 1 Assistant Secrets ry '~ W11.1431 Ed 6179 �jl Mar rie S. nntrri7fl�Y r , i THE AMERICAN INSTITUTE of ARCHITECTS fa AIA Document A3 10 SCS-A-1000007-10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we DBL Constriction Corporation as Principal, hereinafter called the Principal, and Freedcrtt Insurance CaTtpany Ltd. as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Total Amount Bid---- ------ 10% Dollars (S f, or the payment of which sum well and trulyto be made,the said Principal and the said Surety, bind ourselves wr heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents - VHEREAS, the Principal has submitted a bid for Resurfacinq and Reconstruction on Warner Avenue Between Algonquin Street and Edgewater Lane r ,OW.THEREFORE.It the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee in xordance with the terms of such bid. and give such bond or bonds as may be specified in the bidding or Contract Documents with rod antl sufficient surety for the(arthful performance of such Contract and for the prompt payment of labor and material furnished in e prosecution thereof. or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the incipal Shall pay to the Obligee the difieTence not to exceed the penalty hereof between the amount specified in Said bid and such get amount for which the Obligee may in good faith contract with another party to perform the WOM covered by said bid,then this ligation shall be null and void. otherwise to iemain in full force and effect gned and sealed this 23rd day of SePtenber 19 Gi IPrinc (Seel; IWitness) By ITitlel Freec3an Insurance Ccnpany Ltd. Ilia � I � � (Sur I [Seats _ f�i` r IWitnessl By (Title) Tern A. r Attorney -Fact AIA DOCUMENT A310. BID BOND•AIA• . FEBRUARY 1970 ED •THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NY AVE - NW WASHINGTON_ DC 20006 FREEDOM INSURANCE COMPANY, LTD. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. that Freedom fnsurance Ca. Ltd pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 24th day of Septeltber .1991. to wit: Resolved, that any officer of the Company shall have authority to make. execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons, firms,or corporations as may be selected from time to time_ Be it Further Resolved, that the signature of any officer and the Scat of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Freedom Insurance Company, Ltd. does hereby make. constitute and ap- point the person or persons named below its true and lawful attorneys)-in-fact, with full power and authority hereby con- ferred in its name, place and stead, to sign. execute, acknowledge and deliver in its act and deed. 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; 'terry Burkhart The obligation of the Company shall not exceed the limit stated below. Limit of Power: Two Million (3.000.000) This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. And to bind Freedom insurance Company. Ltd. thereby as fully and to the same extent as if such bond or under- taking was signed by the fully authorized officer of Freedom Insurance, Ltd. and all the acts of said Attorney(s) pursuant to the authority herein given,are ratified and confirmed. IN WITNESS WHEREOF. the Freedom Insurance Company, Ltd. has caused these presents to be signed by any officer of the Company and its Corporate Seat to be hereto affixed. FREEDOM INSt:RAr E COL1PANY. LTD_ i B y, r R Terrell Reagan. Vice President STATE OF TEXAS ) COUNTY OF DALLAS ) On this 24t1 of September A-D,.1991. before me personally came R.Terrell Reagan. to me known, who being me duly sworn,did depose and say: that he resides sn the County of Dallas. State of Texas: that he is the Vice President and Director of the Freedom Insurance Company. Ltd., the corporation described in and which executed The above instrument; that he knows the seal of said corporation_ that the seal affixed to the said instrument is such cor- porate seal; that it was So affixed by order of the Board of Directors of said corporation and that he signed his name thereto t by like order. �o ary (Seal) My commission expires STATE OF TEXAS } COUNTY OF DALLAS } 1, the undersigned. Director of the Freedom Insurance Company Ltd . DO HEREBY Cf:R,tFY that the foregoing and attached POWER OF ATTORNEY remains to full torce- Signed and s-akd at the City of Dallas- Dated the 24th Offterber . 1441. R- Terreli Reagan. due Premocnt Pa er # SCS-CA 1000007-10 r PREMIUM—NIL Bond ,No. 0372243 GUjIff AWRIC-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 45202, 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 (S 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 27TH day of SEPTEMBER 1991 WHEREAS, the said principal IS herewith submitting A proposal for THE RECONSTRUCTION AND RESURFACING OF WARNER AVE. CASH CONTRACT 817 NOW, THEREFORE, the conditior 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 latter amount be in excess of the former;but in no event shall the liability hereunder exceed the penal sum hereof. SILVIA NSTRUCT 11, INC. BY: PrMcrnal L AMERICAN INSURANCE COMPANY By DAVID L. CULBERTSON Arrnrney-in-f ac1 F.9316K- (3!02) (BID FORM) G 1W ANERICAN 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 vF the attorneys)-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 g0 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-ln-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. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attomey or certif'tcare of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seat 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 scaled this 27TH day of SEPTE,4BER 19 91 51029M f03,901 t CHUBB GROUP OF INSURANCE COMPANIES CHUBB t5 h?ounia,n View Rcad P O Box T615. war,-en. New Jersey 07061.1615 FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, EXCEL PAVING 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 C I TY Dr J.JbU-.,i kl,-;,76*d BEA" (hereinafter called the Obligee), in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($ 10Z ), 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 seals and dated this If, day of 5ap7E.,taF-P, 1991 WHEREAS, the Principal has submitted a bid, dated (kroBr-0. 1 , 19 C1 i , for WAIZWER. AVLKiL�a 2ELnkis—, R+3�Ytanl DW, THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Obligee shall accept the ;he Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and and with good,and sufficient surety for the faithful performance of such contract, or to the event of the failure Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the penal ereof, then this obligation shall be null and void, otherwise, to remain in full force and effect. EXCEL PAVING COMPANY _ Principal BY: it CP. BMW Presided FEDERAL INSURANCE COMPANY PAWED ox1M MW 4-poi(Forfeiture) u-0v6w �' BY: Q 1" Douglgs Rapp ,A. o ney in Fact e POWER OF ATTORNEY Know sit mlign by Shane Presents, That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road. Warren, New Jersey. an Indiana Corpora- :)n. has constituted and appointed. and does hereby constitute and appoint Robert M. Minot , Linda D. Coats, Doug laS A. Rapp, S. Albrecht , Jr. and Cynthia L. Morgan of Pasadena, California--------------------------------- 3ch its true and lawful Attorney-an-Fact to execute under such designation in its name and to affax its corporate seal to and deliver for and on its behalf as surety rereon or otherwise. bonds of any of the following classes. io-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 thereol,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 lairs.ordinances or regulations of any State.City.Town.Village.Board of either body of Otganizatlon,public of private;bonds 10 Transportation Companies.Lost Instrument bonds.Leas!bonds.Workless'Compensation bonds. Mtscellanet)us Surety bonds and bonds on behatf of Notaries Public, Sheriffs. Deputy Sheriffs and similar public officials. 3 Bonds on behalf of contractors in connection with bids, proposals or contracts in Wenewa mwewr.Mfg wra FEDERAL POURAMCE COYMMY has pvm"m go its BrLaw►.u6iga6 Me"Pre*er4 10 be arpnnc by ati Vcir Pn>foan aria Asarafarw Senaiary ano a cartionm weal be M.ia rt,i00 VIA 1st nay at May is 40 .'Porm seal w `r FEDEIUIL INSURANCE COMPANY i B ti r /1rptA ' 0 orwn Rer+aro o Gc"nw grace melanin 1 Aaanunt s.C..n.y ATE of NEW ZMEIY ss I 3Unty Of Somerset -1.trio 1st of of Ma v IN 4 0 .beion v e perworha►y cam Renad D otar,or go ew v m n and DY on known Io to Awai*m secretary to rie FEDERAL MMURAMea erANy.tar egP lgoi%wacrebwc�amid wrwere emewiwa vw aereoerrlD Po-w a Merger.Ina ve lard Renard D Otanw bwr be,no f>•r1r wKW- tra eeAoee and sae,t,ia fie it AMPSL&M Seanrary of M» MRAL INfURAMC[COMPANY arq"Oft fM rn*OarMe 9"vrrsdf.tns fM a"811000 o Vo bny0■rp POW of AnOreer K Such avPorm Mn antl was sieeae0 dsuee q OIL~"a wo BY-Left of a" ,nosy.and that rie agnw w4 Power of Arwiney w AeaatMR SneWAry a Wa ConPafy by rfee auv, .and Siva ne a acpua+ed wrtn.Saris D Dunn ana earav*fwe v be vw Voe P+aeowm of Lain Cawo" ma su ewe at and.rnaa D Down aubaO+bed o No voom d Aftorray is in ew gw-vie harournive c who.Yemen D Down era win ererwtb Luba lbe o by auwwmy of aaro bruin area in anpafgra s prawn x icy �`eLp Aeivowled"o antl Swum eo Deign ew 1QTlR► A. on tnw *paw NtA' t I }ANT A SCAVOO* Now P%ow CtRrll•+c noM `'Hass, P bhc- Soot. df Mgr +ling► No �9 t)520 M OF MEW JERSEY Cowrrwsalor 1xicire, CkIvW 2, W99' >unty of Somerset tin unoafrprfm.Aeawum Sec,wiary of trw FZDVLAL MOURAMCfE COempoxv.do tiawby artily eta re Itiftin a a Pig aaoafv kWh er brLairw of Ihr S"ca oPwr aw aawpfea by No*wee a D+wcfgs aAmn 2.IM and win fte Brtar a rn Iyn lava one~ -A/rn=XW SeMn 2 M brier,w ilerfaawige cormam and MW nDeterrarl*a 00w man n aeon br Mil on OMW Or Vo Comowny wiC h*a wuarorswd by law of a cherw ID orcbea,ieey antl Mari bo eeiitvra OR Lea rare and on bivne of tfiw comaany NOW by we awnnaa of ait vine Geav"ven ar ma Pfewitwe W a vice Pfearrem prate,1ROn af*Secretary ON an Aaaatwo Semeedfy.eOOF tot+reePeclww ewmpiaow amp eta any one&"we dlrewfa NO,atoniwya w►h0i OWVMMC On cry fwear+a M a rin Boars of Deecora of tot Ewevare Canniitaa Or in Dry flfiwMr CO MOM"aeoo~a pow rQ in Ge on 2 beiw+ney amcua any mrCA bwwL wKWINgafg R A DDrprofe so era CO S in tklcai r- chn m of power ce awnsy Section 3 AN pomm to aronfey for and on awtraif of vo C rrWV wit Drew NOW be worm On vie nano am an bairl a Vw Conpery caw by to chrrnwr or to von Chervian Or bee PRONednw or a von PiwaOM or on Asfarie Via Pr igglow .toner we Lea Sea.ta,y or an Aawtaa Seaasery.larder mice in I, a aesgriagia The e9miLgie of mach a icefa nip be ent♦raad.pfeefe9 or IaiaprfphW The*gnawft a each of Uin bm w+p a00pa Grawnw.vice Cha*w an.Pl Nglam ay vice,Pr*nam girl Aaaaera Vow Prendw4 any Seereiwr.Dry Aeeararit GeCaKary ono sr wW CO be,Cameov rhea be Whod by Eavr*Yn o any Pave'd a1errrer a a cry Dnriareae-rwia 0ohpaar n eti Mare ewea0l.Mo any weir paw a wim Der a I>ted+ear bww+q MAT UoWnln Nenlin w W%e wawa oW"Ce vah6 efrp bddre0 WPM efw CeffWWV ail WI%Xb rower aoeae0e M WO MFWOd by eirdr ft wffae eQnawe and-slc 'e sea v w*bw vww and Wi- Upai IIw Co we"rah faaPnix b enir ODrW pr afaaftatefp ep anion■w aescw` 'wolwr Iw Wy inn sa0 FEWW.N{URAMCE COIO MY a flier bWMC ID trfuraR heaatr ass mPety business;n each of Rw Slaw d Fie Ureba&ON a AwOffce.Dane d CoYrwbfA PUN"Rob 04 020 Of eti .view a Canaan watt bha n oW n a Pnribe EOwad taeleia.wen Deno eieyeoarwe0 rDbwabnr eDln mAeiy tr+Lnrta[waa*fifanp►.ale..Perwkill g nQueea by Iar viw+widera+pnad Ammetwo Secrii■ry of FEDERAL 9984W AMM C0111MA rY oo roraby oarmy era be,eerees v PWW a AMW"a in iceeDeow aefa~ C] *MR unery wy MOM aid bfw anal at a"commy a www re. 5 rii.N.L.tree, ._ _ f b .. c Aortaatrr SeefevfT NOW r ffrfD-Ol7e(pev e-W)GENERAL MOPMERLY 2v-fp-0= vr. ti k CHUBB GROUP OF INSURANCE COMPANIES CHUBB FEDERAL INSURANCE COMPANY BID BOND Bond No. A-81249315 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 seals and dated this 29th day of AUGUST A_ D. nineteen hundred and NINETY ONE WHEREAS. the Principal has submitted a bid, dated OCTOBER 1 119 91 , for RESURFACING .AND RECONSTRUCTION ON WARNER AVENUE 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 Principal By_ .�.- NEIL R. EVANS, . VICE PRESIDENT FEDER t. 1N RAN M A Y By MI HAEL D. G A TORN IN FACT J 'F POWER OF ATTORNEY now all Men by these Presonts That the FEDERAL INSURANCE COMPANY. 15 Mounwn View Road. warren. New Jersey. an Indiana Corpora- as constituted and appointed_ and does hereby constitute and appoint Michael D. Stong, Michael A. Quigley and Carrie Priceof Riverside, California--------------------------------------------------------------- eacn its true and lawful Allorneyin-Fact to execute unde!such designation in its name ana to affix its corporate Seal 10 and deliver for and On its behalf as surety thereon Or Otherwise. bonds of any of the lollo wing Llasses. ito-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 Bona Or Undertaking 2- Surety bonds to the United States of America or any agency thereof.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 or other body or organiZation_public or private,bonds to Transportation Companies. Lost InStr ument bonds:Lease bonds.Workers Compensation bonds. Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs. Oepuiy Srenffs and similar puDl[C officials 3_ Bonds On behalf Of Contractors in Connection with bids. proposals Or Contracts Irk Viitheas yrhareOf-the Sara FEDERAL INSURANCE COMPANY has DurSuani to,$SwLar7 CA.lad:nett presenrl to tie sii'yed W iti Viet President And AAsrstaM S&C*Nary and in Cvwfolit Sea' to Do norm Am,to the Z S L day 01 May i990 corpdrare Sear ac o FEDERAL INSuf1ANCE COMPANY WMt Vhoe President Avalmant Secretary STATE OF NEw JERSEY County of Somerset ss- Oft wis 1 S t a"of May l9 90 .hero■me oerson+tr cJw+e R chard D D Cohrmd,o�e morn and�hr kridrr a>.Aalrraril Set�Jtry d ere ttEDifU1L tesurtAtlCit COMPANY t•e corporal on atau,bw in aw wn{rr eireculed me 1o%gwp Poser of Anwaay area the YX Riichara D O_Connar being Sr ire duly town-a4=*a"aria far oir me is Assatarit Secretary a Ine PTLDeAAL tNSURANCE COMPANY and kA*wS Ine Corporate tea]thered IPW:he teat arhata eD the ronsgorng Paver of At-whily rs 8%4"Orootare lea+Ana Ks:henna alnifea Vr atrty"dt W tSrLaw%at SAd Company ana:hat he rgrita Sara Power d Attarnwr u ASA-Fianr Secretary or sad Como"Or tr►e aultorny area man no iS aCQ•f1r.[eC+r^'i JamM D Dimon And arnOrl hah to Ie Inc V,oe Pres4ent 01 said Company. area trip t e L74ture Of aa4 Jrnes a Dixon Suwcrio"10 Sa-d Parer of Ano ey if in me Wnuiine nandwnwng of sad:amen D Dion Ina wu[hereto suQWded by aulho,*y of Sara erLaws rid 1M4000nip 'S Dreediftm Ackna•vageo area Swore+1a Mfore Me on the 1I:e&BON wri:ien l�T►Rti 7 k 1 LIC 7 Notary Pubiic + WCOLETTE T. PASCULLI �FIV�E4S� CERTIFFCATtON Notary Public. State of Nlnr Je,,y No 2066518 STATE OF New J C�rrvn ERSEY S5. rssiOrt Ex2rres October 2, 1944 Coun:y of Somerset i.tree unaerSrgnad.AAlittrr Secraury d[he FEDERAL INSURANCE COMPANY.ao hMeay certify that Inc bllarnng it a true er..e•d!turn the BrLawt d Ihe sad Company as 410WOa by rn Boars Of D.ectors On March 2.1990 area mat this Brun-is Kn tun tOrce and ensv -ARTICLE xVin 5ec:ron 2 AN bandS-uriaerlakwmgS.Conrads end Other nzifumanCD other maw as about ha aria an Domw of the Cwnpany wmr"if to authwkm ay Low air 10 Charter to 11"Mmle.may and snap be enacuned in Me name Arid on bMalf at the Company ether Dir:►ia Chairman at the Vice Chairman or the Prevaent or a Vice Pres,danr pwoy with the Saaaterr Or an Assratam Secretary under thew relOeCt-ire 0e2"!10nl esCept V'.ae any One Or mere OtfrCYS Or enO—SyS.—lac,des.gnaiaa-any resduso,de'he Board of Direc-as or the E-ecurr,e Committes.or ui any Porte at ariorney aaeCuted as Dra-daa for R1 Section 3 Dafbw-may Mule any such bona.unoenakrng Or other Odrgrion as Provio"in SuC%r+aaulron Ot power of 8110rney °Saiction]Aa Corners d attarhr'r tot wo On b"t d vie Catnpry may are"be tacurd rn Vie nrre and on pehmtt d Via Cdhoahy crew ay lie CAbrrnan or 7»VA Chav*QA d nr Prem4era d a Vice Prae,oeft a an AmSir4M Vice Prew0fa-pwwy rrari:he SecrNary at an Assiziam Secretary urtoN their nes0oar tie o"nati ns The a.gna[urs of Such or.rcerit may a trig ai70 Dnmea or WhOgraDnaa The SgnWLmM of NCh d Ine baowmg Cowart Churrrrw.V"C7iaiirman.Presdent_any VcA Pr*54Wt-any A&Wtanf VCe PM$4ent-ant'Seanary any Audtam SeCretary"The Saar d Via CamDArrr map to afhaw W IaM+mr M dry po.A,d arxxnry or to am oertAtCafe vWwV rerwo ageoremng Assisurc Srcmaries or Anortwrs- t Fad w,7urowe%any of aec;,hng am at au"banal and irlderukulgt aM amen wfrbfw obhgaofy A ere nrvrt? Viarrar trio dry loch Dow at a=rney or W trcate bearwng such haLY+++ae Ignalure of racsim+e sail anal]pe*aka end Doong oon:he Com"M area Any u4n power eD UK~and prrbhed Or such tocad" agnature and facsimile seal"H be reed and arming upon In*COmpariy with resomo to dry Dona Or undertaking to whrCn rf a adathed.. I ryrrhar"n,N mr m4 FEDERAL,INSURANCE COMPANY is airy I-cons"to Irardact rrdoi And curry Mantels rn each d[he stares of Ire Limn-Sutra d Amer".Dynat of CoiumbiA.PUWW Arco.And each of the Provinces of CAnaoa..m the*.ceahart of PnnCe Eomrrard ilhArrd,aM rill it"(fury hCen"d to became same surrey On DOM01.ur4*r14trrrigS SIC.aerm-nea or rsatrwed OF taw I.the ur aarsigriad Aesistam seclNuv Of FEDERAL INSURANCE COMPANY.oo narany cNn.ty that the torego,ng rower at Arldnay rs+i Ion bre area etaa GnRn ender-ryha.'W aria'M semi of Said Cwwaanyat warren r,ls.tnil 29th aayd AL'G ST tg 91 Co,-,or S Aoi ' r- AArstant Secretary a W ):b For.,1•nr- ..a.or,GF yfRu M i etM Cartpaty d North Anr rba a CGNA oornpow PROPOSAL OR BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE VERSION PAVING COMPANY 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 obliget.in the penal sum of TEN PERCENT (10%) OF THE AMOUNT OF THE BID IN DOLLARS, lawful money of the United Statcs 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, finely by these presents. SIGNED, sealed and dated this 25th day of SEPTEMBER A. D. 19 91 WHEREAS, the said principal is herewith submitting proposal for STREET RECONSTRUCTION—WARIER ROAD, CC-817. 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 tht 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 the difference in stoney 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 iNSUR COMPANY OF NORTH AMERICA AMELA L. JAC!$X, ATTORNEY—IN—FACT SS 19VJ ►id .e U 5 A DWER OF h-a rcnce Company of North Amerlm 349506 ATTORNEY o CIGNA " ,( 4 Know 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. adopted by the Board of Directors of the said Company on December 5, 1983,to wit: 3 'RES(XVED, That pursuant to Articles 3.18 and 5.1 of the By-Laws, the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances. l Contra=and other writings in the nature thereof: 3 0) That the PrWdeM,any servor Vice Prescient,any Vice President.any Assistant Vice President.or arty Atiomey-in-Fact.may execute for and on benad of the Company any and all bonds. undertakings,recognizances.contracts and other wnbngs in the nature thereof.the same to be attested when necessary by the Corporate Secretary,or any Assistant Corporate Secretary.and the seal of the Company affixed thereto:and that the President.any Senior Vice President.any Via Presdsm or any Assistant t/iee President may appoint and authorize any other Officer (elected or appointed)of the Company,and Attomeysan-Fact to eo execute or attest to the execution of all such writings on behalf of the company and to affix the seat of the Company thereto. (2) Any such writing executed in accordance with these Rules shag be as 19rxting upon the Company in any can as though agrod by the President and attested to by the Corporate Setast airy. (3) The signature of the President.or a Senior Vice Prescient,or a Via President,or any Assistant Via President anti the seat of the company may be affixed by iactimile on any power of attorney granted pursuant to this Resolution.and the signature of a ceratying Officer and the seal of the company may be affixed by facsimge to any callficate of any such power.and arty such power or oarlificate bearing such faoarttile signature and seal shag be valid and binding on the Company. (4) such other Officers of the Company,and Attomeywin-Faa shag have authority to aniy or verify copiss of this fk Won,the Bylaws of the Company,and any affidavit or reodrd of the Company neesssaryW the discharge of their dWas. M This passage of this Resdubon does not revoke any earlier authority granted fry Resolullons of the Board of Directors adopted on.tune 0,1953.May 26.1975 and March 23,1977.- does hereby nominate,constitute and appoint JEAN L. WILLCOX, EVELYN DENIHAN, and PAMELA L. JACOBS, all of the City of Los Angeles, State of California------------------------------------------------ .N O CL ----------------------------------------------------- each individually it there be more than one 'p named,its true and lawful attomey-in-tact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, YO undertakings,recognizances,contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION--------- C ------------------------------------------------DOLLARS($ 10 a 000.1L_ )each,and the execution of .r cis 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 a co and acknowledged by the regularly elected officers of the Company at its principal office. oD IN WITNESS WHEREOF, the said R. E Giveans, Vice-President, has hereunto subscribed his flame and affixed the O 2 corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 5 th > day of August 1991 t� cb " ••,• INSURANCE COMPANY OF NORTH AMERICA W cis 2 :f. L m O R.E.GIVEANS,Vice President O m COMMONWEALTH OF PENNSYLVANIA C c0 COUNTY OF PHILADELPHIA Ss. p)N On this Sth day of Aufzust —.A.D.19 91 ,before me,a Notary Public of ca m the Commonwealth of Pennsylvania in and for the County of Philadelphia came R.E Giveans,Vice-President of the INSURANCE COMPANY C9 OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate sea) of said Company, that the said E ti m corporate seal A?gpjS/signature were duly affixed by the authority and directiomof the said corporation,and that Resolution,adopted by the cc Board of 8� pany,referred to in the preceding instrument,is now in force. L) `��:��`� EOF,I have hereunto set my hand and affixed my official seal at the sty of Philadelphia the day and year j firs�bovBC �� NO T o;RIAL SEAL O � y _ - _ JULIAANNA ROHANA.Notary Public Z U �S�"Lj^ OF e . Philadelphia,Philadelphia County my Commission Expires Aug.20.1 Notary.Public nNN va ,, 1, the urif�er We' INSURANCE COMPANY OF NORTH AMERCCA, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a IUVWe and correct copy,is in full torte and effect. In witness whereof, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation this 25th day of SEPTEMBER - J9 91 a t)e>ryf: Taylor - Secretary . THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WIT`14ANiJC&TfON DATE AFTER - :August 5; 1993 BS-33363b Ptd. in U.S.A. - R BOl`D# 7083400-1 PREMIUM-NIL FIREMAN'S FUND INSURANCE COMPANY ❑ THE AMERICAN INSURANCE COMPANY A ❑ NATIONAL SURETY CORPORATION BID OR PROPOSAL. BOND F MANS ❑ASSOCIATED INDEMNITY CORPORATION VOURAM ❑ AMERICAN AUTOMOBILE INSURANCE COMPANY KNOW ALL i++iEN BY THESE PRESENTS: That We, WESTERN STATES PLANING, INC. thereinafter called the principal), as principal, and FIREMAN' S FUND INSURANCE COMPANY a corporation organ- ized and doing business under and by virtue of the laws of the State of CALIFORNIA , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full seam of TEN PERCENT OF AMOUNT BID Dollars {E 10% ) lawful money of the United States of America. for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns. jointly and severally. firmly. by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS. the above bounden prtacipal as aforesaid, is cbout to hand in and submit to the cbligee a bid or proposal for the THE RECONSTRUCTION AND RESURFACING OF WARNER AVE. CC-817 JOB/BID # 187B in accordance with the plans and spec;fications !fled in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted. and the ccntract for such work be awarded to the principal N thereupon by the said obligee. and said principal shall enter into a contract and bond for the completion of said work as required by law. then this obligation to be null and void. otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 26TH day of SEPTEMBER . 19 91 VESTERN STATES PLANING, INC. $y Dt�d J. Saute il3ent FIREMAN' S FUND INSURANCE COMPANY DIANA LASKOWSKI Attomey-%n•Far. 3 60277-4.B i lGA OF ATTORNEY FIREMAN S FUND INSURANCE COMPANY KNOW ALL ME-N BY T ES£PRFSVNTS:That FIRENtMWS FUND INSURANCE COMPAPIY.a Corporation duly organized and existing under the laws of the State of California,and having its principal office in the Counry of Morin,State of California,has[Wade,coosdruted and appointed,and does by these present.%make.constitute and appoint DAVID L. CULBERTSON, LINDA L. CULBERTSON, DIANA LASKOWSKI, CHARLES L. FLAKE and KAREN CHANDLER, jointly or severally ANAHEIM CA its true and lawKJ Attorncy(s).in-Fact,with full power and authority hereby conferred itt its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognirances or other written obligations in the nanurc thereof _____ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Corporation and duty attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted pursuant to Article VII.Sectioas 45 and 46 of By-laws of FIRE,NfAN'S FUND INSURANCE COMPANY now in full force and effect. "Ardde VII.Appointment and Authority of Resident Secrttaries,A(toraty-10-Fiect end Agents to accept LeSd Process and Mate Appeaeswces. Section 45. Appointment.The Cbsirman of the Board of Directors,the President,say Vice-Pszsident or say other penes tathorlmd by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President wity.from vitae to time,appoint Resident Asa mess Secretaries and Attorneys.l Fact to repnaent and act for and oa behalf of the Corporation and Agents to accepi legal proem and make appmitnen for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-In-l:act and Agents sbaJA be as prewmed in the Instrument evfdencing their appointment.Any such eppointment and all authority granted thereby tray be revoked at any time by the Board of Directors or by Boy person empowered to mote such appolatsnent This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of firmon of FIRENSAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 7th day of August,1984,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-PresidenL, Assistant Secretary, and Resident Assistant Secretary of this Corporation. and the seal of this Corporation maybe affixed or printed on any power of attorney,on any revocation of any power of attorney,or oo any certificate relating thereto.by facsimile, and any power of attorney,any revocation of Lay power of attorney,or certificate bearing such facsimile signature of facsimile seal shall be valid and binding upon the Corporation.' IN WITNESS WHEREOF,FIRE-MANS FUND INSURANCE COMPA.\-Y has caused these presents to be signed by its Vice-President.and its corporate seal to be hereunto affixed this 24`h day of May 19 91 •`�= ���,::,•� -1`a FIRE.LfAPI'S FUND INSURANCE COMPANY By lrloo-t+�vdsat STATE OF CALIFORNIA sa. COUNTY OF MARIN On this 24 th day of Niay_ , 19 91 ,before me personally came R,D. Farnsworth to me known.who.being by me duly sworn,did depose and say:that he is Vice-President of FIREMAN'S FUND INSURANCE COMPANY.the Corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it Was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by Like order. ITT WITNESS WHEREOF I have bereunio set my hand and affixed my official seal,the day and year herein first above written. rlWtliIIHMHtle1 gNl1lMlfllllltNH IltlllHllitllR OFFICIAL SEAT. !. PA. VANDEVORT VV NOTARY PUBLIC•CALIFORNIA MmfyPubuk Pnocipal Ottice ki Morin Co" = M1 (Aroma iea Wires Aug.It.1"2 CERTIFICATE uMa/rwr w liar IH I1[lilt•!!tut ra n ems n!Ill/e STATE OF CALIFORNIA COL,'NTY OF y[ARIN so. ` I,the undersigned,Resident Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY.a CALIFORA(IA Cotpomlion.DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has riot been revoked.and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation.and the Resolution of the Board of Directors.set forth in the Power or Attorney,are now in force. Signed and sealed at the County of Morin.Dated the 2 6TH d,y of S EPT EMBER 1991 36071 1.FF.6-89 e SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA SAFE�.'O� HOME OFFICE SAFECO PLAZA SEATTLE. WASHINGTON 96185 BID BOND 662 73 59 Confafma with The Avnertlmn Institute of Architects. A.I.A. Documervt No. A-310 KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPHALT as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL BID IN------------------------------------- Dollars ($ 10% OF TOTAL BID). for the payment of which sum Well and truly to be made, the said Principal and the said Surety,bind ourselves,out heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for RESURFACING AND RECONSTRUCTION ON WARNER AVENUE BETWEEN ALGONQUIN AND EDGEWATER LANE C C- 817 A H F P PROJECT #1292 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance With the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, it the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27t.h day of SEPTEMBER * 1991 BID DATE: OCTOBER 1, 1991 ALL AMERICAN ASPHALT (mil) Principal Witness 1 Title SAFEC IN SU NCE COMPANY OF AMERICA Witness 'EN M. BROWN Attorney-in-Fact 1 7-$030 & Rep,Stered trademart of SAFECO Corporation. S-541EP 10190 PRINTED IN U.S.A. POWER SAFECO INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE PLAZA SEATTLE.wASHINGASI�rNGxON 98185 SMECO Na 9164 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint -------------OWEN M. BROWN, Anaheim, California--------------- -—- its true and lawful attorneys)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company to 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 11 th day of May 19 89 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. — FIDEUTY 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 authortty to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of simllaT character issued by the company to 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 (ii) A copy of the power-of-attorney appointment.executed pursuant thereto, and Iiii) 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-" I, 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 still to full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 27th day of SEPTEMBER 19 91 S-1300 n5 3.186 "INTE0 IN t,5 A PACIFIC STATES CASUALTY COMPANY BID BOND Bond No. 6064 KNOW ALL MEN BY THESE PRESENTS, that we Fecit Strata, Inc. as Principal, hereinafter called the Principal, and the PACIFIC STATES CASUALTY COMPA?4Y, a corporation duty organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) Of; The Total Amount Of The Bid. Dollars ($ , for the payment of which sum well and truly to be made,as 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 Resurfacing Reconstruction on Warner Avenue, Huntington Beach, California Between Algonquin Street and Edgewater Lane. NOW,THEREFORE. it 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 Mond or bonds as may.be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of Labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter Such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, other wise to remain in full force and effect. i Signed and sealed this 27th day of September A.D. 19 91 State of Calllornia ,a Canty of Los Anpefes On thh 27th day d September .in the year 1991 before mO O NotOty Public per.-C Ily Oppeored. _ �py E S. Albrecht. Jr. .Per knorwn to me(a proved to me on"beds of satisfactory evidence)to be the person whose name IS subscrllaed to this Instrument as the Attorney-it}40Ct of and 4Cknowledge to me that he(she) subscribed the name of Pacif is 5tatVs Casualty Company_ --thereto Cs surety,and his(heo own name as Attorney-in-Foot. OFrF I C IILL SEAL JoAnn Beaman U NOTARY PUBLIC CALIFORNIA bli LOS AWREs COON" Notary Puc In and for said County my Cv�+In E�n,i mow-�a.�D95 POWER OF ATTORNEY OF -' INTO 5838(? PACIFIC STATES C'I L'E L T, C O a r.w i NOTICE. t All power anti Z0h3f•Iy herein g•a�'ets rn any event lerminate on the 31 st day of OecembeT.1993- 2 This Power of K11o'ney is vO:d it allered o•d any porl,on is erased - 3. Th•s Po-e'oe A'iomey+s v0,d unless The seal is readable.the text is in black ink the Signatures are in red ink and this notice is in red ink 4 Tn+S Power of F.tl O(ney Shauld not bt-'eturned t0 the Attorney-In-Fact-but should remain a permanent part of the obligee'S records. KNOW ALL MEN BY THESE PRESENTS.Ertel.except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does.hereby make.Constitute and appoint E. S. Albrecht, Jr. , Linda D. Coats the true and lawtul attorney-in•FaCt,to make,execute.deliver and acknowledge,for and On bertaH a1 sALd�prppral+On as iureTy.bonds,vndMtaksngs and LOntraCts Ot yutetyahip+n an amount not exceeding S75O.000 in any single undertaking,prong and granting unto said Alforneyrn-Fact full power and authority to do and to perform every act neCessary.reautaite or proper to be done in connection therewith as said corporahOin Could do.but reaeritng to said corporation full power of substitution and revocation-. and all Of the acts of Said Attorney-in-Fact.pursuant to these oreaant&are hereby ratified and Confirmed The aulhomy end powers Conte"ed by this Power of Attorney do not extend 10 any o1 the 101I0wing bonds undertakings of CoNfacts of suretyship. Bank depository bonds.mortgage oehciency bonds.mortgage guarantee bcndS This Power of Attorney is granted and 19 signed by facsimile under and by authorily of the following resolution adopted by She Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of Augusl 3.1984. RESOLVED.that the Chairman of the Board-the Presrdent and any Vice President Of the Corporation be.and that each of them hereby is authorized to execute Powers Of Attorney.bualitying the attorney Named in the Powers of Attorney to execute.on behatl 01 The Corporation.bonds.underlaltings and Conliatts 01 sufalyship.and that the Secretary or any AssLstanl Secretary of The corpofation be.and each of them hereby is authorized To attest The execution of any such Pourer of Attorney. RESOLVED.FURTHER.that the signatures of such Officers may be affixed 10 any such Power of Attorney or t0 any certificate relating thereto by facsimile.and any auch Power of Attorney or CerlihCate bearing Such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond. undertaking or Contract of suretyship to which it is attached Ili wITNESS wr+EREOF PACIFIC STATES CASUALTY COMPANY has caused these presents to be signec by its President and anestec by its Secretary this elh Clay of January 1988. ♦ �1a4 �f PACI S CASUALTY COMPANY o is ; + ATTEST �f. e n ♦ � �r s rrsoaM ►x 1 By �L + By Bruce E MICK.r.2N Eftner R LOry. STATE OF CALIFORNIA J 7 SS COUNTY OF LOS ANGELES on Septemper S.1989.before ma,the undersignft a Notary Public in and for said State,personally appeared Bruce E MacKenzie and Esther R-Lowy.personally known to me(or proved to me on the basis of satisfactory evidence)10 be the persons who executed the within inatrumant as President and Secretary on behall of Pacific States Casualty Company,the Corporation thefeir named,and acknowledged to me that the corporation executed it WITNESS my hand and Official seal. OFFICIAL SEAL �/; TANIA SHPARAGA Signature r - -�-- a N07ATaY PUBLIC -CALIFORNIA Nolafy P t)lic i LOS MUM OOEI[�TY My eomffL ezpires FF3> L 1l93 CERT(FiCATE The undersigried.as Secretary of PACIFIC STATES CASUALTY COMPANY.does hereby certify that the fpregoing and Attached Power of Artomey remains in lull force and has not been revoked.and furthermore.that Me provisions of the resolution Of the Board Of Directors of said Corporation set forth in the Power Of Attorney.art in force as Of The date at this Certificate This Certificate is executed in the City of Los Angeles.California.this 27th day of September -1991- *tas Wr. PACIFIC STATES CASUALTY COMPANY r "'Cif 4 fits+. o n i r. Htl t� ♦ � r t By PSC•S tot (4190) EftMr A Lorti. SEABOARD SURETY COMPANY Bidders 5cme nuffter is 001538-A The hcens� expiration date is ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY 2129j^2. Tl!a representatons u herain are made utldarpark-ft Of BOND NO: 766046(17360) �j,ry. PROPOSAL BOND PREMIUM: INCLUDED IN BBSU ?Cram all Arn bg t4ror Virrarnta: 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 1st day of October 19 91. WHEREAS, the said principal is herewith submitting its proposal for RESUFACING AND RECONSIRUCTION OF WARNER AVENUE BETWEEN ALGONQUIN STREET AND EDGEWATER LANE (CC-817) (A.H.F.P. NO. 1291) IN THE CITY OF HUNTINGTON BEACH. 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. Principal ZZ By L < L�� George M. Lubanko, Assistant Secretary SEABOARDS COMPANY By v .. Form 136 Irene Lau, Attorney-in--Fact asniDWAMMU aw AAA T %WVzllij'I%r1 fl323 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY NNNN 7 ? 5 0 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 amounts of FIVE MILLION % ($5,000,000. 00 ) Dollars. Such insurance policies, Surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact,shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized ='::hNicers of the Company and sealed with its corporate seal; and all the acts of said Attorney-In-Fact, pursuant to the authority >--hereby given, are hereby ratified and confirmed_ -:-=This appolntmeni Is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said _Company on December 81h. 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VFf-SECTION 1 - -?(llcxs,bons,reco9nuancrs,stipulaliom.ConsMts of surety,underwriting undertakings and tmVuments rotating t1weto. Insurance policies bonas.tecognrzances.stipulations.consents of suretyane underwriting undenakrngs of the Company.and releases agreements and other writings relating in any way iheteto or to any claim or loss thereunder.shaft be signed in the name and On behalf of 1he Company :.: (a) by the Chairman of the t3oard.the President.a vice-President or a Resident Vice-Presrdent and by the Secretary.an Assistant Secretary a Resident `Seefeiary or a Resident Assistant Secretary:or lb)by an Anorney-in-Fact for the Company appointed and authOnze-C by the Chairman of the Board.the tires dent or a vice-Pres+dent to make such signature.or ic) by such other officers or rearesentat,ves as the Board may from time to time determine == The seal of the Company snarl if appropriate be affixed thereto by any such of,per,Attorney-in-Fact or representative 1N WITNESS WHEREOF. SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice- Presidents, and Its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this . 2 1$t ::. day:of July- . . ........ .. . t9. .. .$$ _'-' otiuetr, Attest _ SEA RD URETY Cr Y, :3927 aBy fit J �.- � ....... .... ..... Assistant rotary ice-President -_:.:.=-STATF. OF NEW JERSEY ss.- `COUNTY OF SOM€RSET :On this" 2 2 St day of ..._ ...jPly ......... ... . ...... ...... t9 .$g . , before me personally appeared Mich•ael. .B.. _ .Keegan • . . aVice-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 .Reif .-Jersey ; ,thafhe is a Vice-Presrdent of SEABOARD SURETY COMPANY,the corporation described In and which executed the foregoing instrument.that he knows the corporate seal of the said Company.that the seal affixed to said instrument is such corporate seal; thil 11 was so affixed by order of the Board of Directors of said Company:and that he signed his name thereto as Vice-President of Sid Company by like authority - - FELICE M. CATAL_ANO ..(Seal) 'i'TIARY PUBLIC OF ttU4 IERSEY ky Gommiss1on Up. June 4, 1991 Notary Public C E R T I F I C A T E - t.fAe Doss gned Assistant Secretary of SEABOARD SURETY COMPANY do hereby Certify;natthe original Power of Attorney of which;he foregoing is a,tott.!r no correci copy is rn full torte and effect or.the date of thisCertificateand I do furher certify that the Vice-Presrdent who executed the said Power of Attorney was one of the Officers authorized by the BOard of Directors to appoint an atlorney-in-fact as provided in Article VII Seci,on 1.of the By-Laws or SEABOARD SURETY COMPANY This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Commillee of the Board Of =O'rectOrs Of SEABOARD SURETY COMPANY at a meeting aurY caned and Reid on the 25th day of Marcn 1970 - -'RESOLVED (2p That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any cerutrcatron of the correctness of a copy of an instrument executes by the President or a Vrce-PieS,dent pursuant to Ar1,c4Q Vll.Section) of lt,e By-Laws -:appo,ntin6 and aulnorizrng an attorney-in-fact to sign in the name and or. behalf of the Company surety bonds. underwriting undertakings or other _.m5trument5 deSctrbed in sa,d Arline Vll. Set+ron 1. w,,h like etfec,as 11 such seal and such signature nod been manually affixed ano maoe-nereby is °.authonzeC anc approved 1N WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this ISt. day of Qctober i9 Si . i927 r - �,fi-`' yam: srstam ar4 Or rr[M c,Arorneti DATE: October 1, 1991 - 2:00 p.m. ENGINER'S ESTIMATE: $277,700 PROJECT LICINEER Robert Martinez JOB AND CC NIL24BER: KV N R AVENUE RECONSTRUCTICN/RFSURFACIN�G CC-817 BIDDERS NIVE TOTAL BID AMOUNT 1. All American Asphalt 2. B /D Electrical, Inco rated 3. Clayton En ineer 4. D B L Construction 5. Escudero, Robert - Inc 6. Excel Paving r 7. Fecit Strata 0 8. Griffith CAZ21 (p.3 9. Hillcrest Contracting 10. Land to En2ineerip2 Contractors 11. Moore Electrical Contracting 12. R. J. Noble 13. Pacific Asphalt ReSZcl' 14. Pavement RccycliLi2 System 15. Silvia Construction 16. Stein and 17. Sull -lKiller 18. Vernon Paving PUBLIC''0TICE � PUBLIC NOTICE Pl PUBLIC NOTICE NOTICE IIMTING SEALED BIDS r CC417 Notice is hereby given that the City Council Of the City of.Huntington Beach, Califomia, will receive sealed bids for the reconstruction and re9urfacing of Wamer Avenue in trio City of Huntington Beach, California in accordance with the plans and specHications and speciai provisions on file in the office of the Director of Public Works. Documents will be eva:lable on SePtamber it, t991, A Charge of$15.00, not refundable, will be required for each set of speCificatioras and accompanying drawings. DIRECTOR OIL PUBLIC WORKS ESTIMATE CC-817 Work item ��tl 1_ Mobilization (max_ S10,000) Gump Sum 2. Excavation of existing AC+AB (1.0'deep) 1.300 c.y_ 3. 0.15'AC overlay (wirubber latex additive) t d00 Tons 2_ AC base course of 1.0' deep 2,522 Pons 5- Coldplanning 31.500 91 6. Adjust to grade existing water valve cans 3 each 7. Adjust to grade existing manholes 14 each a. Traffic Control (includes traffic plans and temp. striping) Lump Sum 9. installation of reinforcing fabric 13,600 S.Y. its. installation of new Signal detector loops 10 each I_ flouts and seal existing crack 680 Lf. i In accordance with the provisions of Section 1773 of the tabor Code, the State of California, Director I of the Department of industrial Relations shalt 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 wi:l 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- eciflcations, 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 at decrease the amount of any class or portion of the work, as may be deemed necessary or expedient by the Director of Public works. Ali bids wit) be compared on the basis of the Director Of Public Works estimate of the quantities of work to be done_ Substitution of securities for anv monies withheld by the City to Insure performance Shall be permitted in accordance with provisions cf the California Government Code, Section 4590. Each bid shall be made out on a form to be obtained at ft omce of the Director of Public Works, Development Wing, 7000 Main Street, Huntington Beach, Califomis; shalt be sealed and filed with the iCity Clerk at the Civic Center, Second floor Administration Building, 2000 Main Street, Huntington ; Beach, Caldomia, an or before 2.00 P.M of October 1, 1991, find shall be opened by a committee jcomposed of the City Clerk, the City Attorney and Director of Public Works or their authorized representattve and the results of said bidding will be reported to the Clty Councit at said Ctty of Huntington beach at their regular meeting to be herd on Monday, the 21st of October, 1991, at the hour of 7:OD 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 October 21, 1991_ The City of Huntington Beach, Ca:iforriia reserves the right to reject any or aft bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of tine City Council of the City of Huntington Beach, California thts August 19, 1991. ATTEST: Connie Brockway City CI** City of Huntington Basch 1 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal cleric of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of Cardomia, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaperto wit the issue(s) of: August 29, 1991 September 5, 12, 1991 I declare, under penalty of perjury. that the foregoing is true and correct. Se tember 12. Executed on- �'_ = ,._, , 199 at Costa Mesa, California Signature 0100 PROOF OF PUBLICATION �nLIC NOTICE PUBLIC NOTICE ' .?UB61C NOTICE PUBLIC NOTICE NOTICE IFMTING SEALED SIDS C"i7 Notice is hereby given that the City Council of the City of Huntington Beach, California, will receive i sealed bids for the reconstruction and resurfacing of Warner Avenue in the City of Huntington Beacn, California In accordance with the plans and speClftatlona and special provisions on file in the office of the Director of Public Works. Documents will be available on September 11. 1991. A charge of S75.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE CC417 Worn item Ouanti 11 1- Mobtfizatfon(max.$10,000) Lump Sum 2- Excavation of existing AC/AB (1 0' deep) 1,300 c.y. 3. 0.15'AC overlay(w;rubber latex additive) 1,400 Torts 4_ AC base course of 1.0' deep 2,522 Tons 5- Coldplanning 31.500 s.f- 5- Adjust to grade existing water valve cans 3 each 11y 7. Adjust to grade existing manholes 14 each k 8. Traffic Control (includes traffic plans and temp. striping) Lump Sum i 9- Installation of reintorcing fabric 13,600 s.y- i to- Installation of new signal detector loops 10 each I 11_ Route and seal existing crack 680 I.f. I In accordance with the provisions of SaCtion 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- pricabre 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 Cfty of Huntington Be- aCh, California. No bid will be received unless it is made on a blank form tumished by the Director of Public Works. The special attention of prospective bidders is called to the p►oposel 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 compared on the basis of the Director of Public Works estimate of the quantities of work to be done. Substriullon of securlties 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, Development Wing, 2000 Main Street, Huntington 9eacn, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach—California, on or before 2:00 P.M. of October 1, 1991. and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of SaJd bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 21st of October, 1991, at the hour of 7-00 P.M- in the City Council Chambers in the CMC Center of Said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of October 21, 1991. The City o1 Huntington Beach, California reserves the tight to reject any or all bids, and to accept the bid deemed for the best Interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this August 19. 1991. ATTEST: Connie Brockway City Clark City of Huntington Brach IftNEW'OI1 BUCK-COSTA HSA Plin Dear Advertiser: "A Enclosed please find clipping of your ad from the first publication. if you need to make any changes or corrections, please call rye at your earliest convenience. The cost of this publication will be $ -." Thanks for your cooperation and patronage. Sincerely, udy etting manager Legal Advertising Manager 'j- f� f, its, NOTICE INVITING SEALED BIDS CC-817 Notice is hereby given that the City Council of the City of Huntington Beach, California will receive sealed bids for the r n r c " n r011rfA Lnr,-Qf W rn r AvQ.gU 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 Sgptembgr 11, 1991. A charge of $15.00, not refundable, will be required for each set of specifications and accompanying drawings. DIRE TQR QF_PUBLIC_WORKS ESTIMATE CC-$17 work Item Q antis 1. Mobilization ($10,000 maximum) Lump Sum 2. Excavation of existing AC/AB (1.0' deep) 1,300 C.Y. 3. 0.15' AC overlay (wtrubber latex additive) 1,400 Tons 4. AC base course of 1.0' deep 2,522 Tons 5. Coldplaning 31,500 s.f. 6. Adjust to grade existing water valve cans 3 each 7. Adjust to grade existing manholes 14 each 8. Traffic Control (includes traffic plans and temp. striping) Lump Sum 9. Installation of reinforcing fabric 13,600 s.y. 10. Installation of new signal detector loops 10 each ] I, Route and seal existing crack 680 I.f. In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determine the general prevailing rate of wages, applicable to the work to be done; copies of the latest general wage rate determinations are on file at the office of the City Clerk and the office of the 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. 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, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00_P.M. of t ber 1. 1991, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported tothe City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 2151 of October, 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 OctoY er 21, 1991. The City of Huntington Beach, California reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington Beach, California this August_19. 1991. ATTEST: Connie Bi:Qckway City Clerk N--2 REQUEST FOR CITY COUNCIL ACTION Date _ August 19, 1991 _ Submitted to: APPROVED BY CITY COUNCIL Honorable Mayor and City Council Submitted by: - Michael T. Uberuaga, City Administrator Prepared by: Louis F. Sandoval, Director of Public Works Subject: Warner Avenue Between Algonquin StrL�t and Edgewater Lane; CC-S17 Consistent With Council Pal-icy? (XI Yes [ ) New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STAIENENT OF 6SUE; I- Procedures of the Orange County Arterial Highway Financing Program require approval of the project administration agreement prior to award of the construction contract. 2. Staff has completed plans and specifications for reconstruction and resurfacing of Warner Avenue between Algonquin Street and Edgewater Lane. �Q 'NQATION: 1. Approve the attached project Administration Agreement, A.H.F.P. Project No. 1292. 2. Approve plans and specifications for the reconstruction of Warner Avenue, and authorize the Department of Public Works to advertise for bids (CC-917). ANALYSIS: The County of Orange annually budgets a portion of their Gas Tax Funds, to match City funds, for construction of road projects under the Arterial Highway Financing Program (AHFP). Each year cities, by resolution, request that high priority street projects be funded by the County program. This project will reconstruct and/or resurface the existing roadway where portions of travel lanes were constructed 10 to 15 years ago. Plans and specifications for the project were submitted to the County for their review and subsequently, the County forwarded the attached Project Administration Agreement for City Council approval per the A.H.F.P. procedures. F1UNDING_S-OURGE: County funds have been obligated at this time for this project and are on a co-operative City/County basis for eligible items. Sufficient funds have been budgeted in Account Number E-SF-PC-817-6--32-00. The allocation of funding is summarized below: Request for Council Action Warner Avenue; CC-817 August 19, 1991 Page 2 Warner Avenue, between Algonquin Street and Edgewater Lane; CC-817 County A.H.F.P. Funds: $140,000 City of Huntington Beach (a.) Matching Funds 140,000 (b.) Funds not eligible* T 2.500 TOTAL $282,500 Items not eligible for A.H.F.P. participation. These items are as follows: Raising to grade all sewer manholes and water valve cans. ALTERNAI E. OTION: Deny approval of attached Project Administration Agreement. plans and specifications and forego this project. Project Administration Agreement, A.H.F.P. Project No. 1292 LFS:PAM:lb 3019g/4 & 5 r RECEIVED y CITY CLERK RECEIVED CITY OF CITY CLERK C-ALIP. CITY OF HUNTINGTON Br1,CH,CALIF. OCT 00 ;l '51 OCT f 2 o3 PM $91 i i , DATE: October 1, 1991 - 2:00 p.m. E.►Cl--l\ER'S ESTLLMATE: $277,700 PR=CT ENGINEER Robert Martinez JOB AND CC NUMBER: WARNER AVE.RTUE RECONSTRUCTION/RESURFACING; CC-817 BIDDERS NAME TOTAL BID AMOUIN T 1. All American As halt `'/6 2. B /D Electrical, Into rated 3. Clayton ENineermq 4. D B L Construction S. Escudero, Robert _ Inc 6. Excel Paving 7. Fecit strata 8. Griff.ith ---- 9. Hillcrest Contracting 10. I-and W Engineering Contractors 11. Moore Electrical Contractiri 12. R. J. Noble 13. Pacific As halt Ro clin 14. Pavement Rea.'Cli_ Systems 15. Silvia Construction - 16. steiny and 72� --�► 17. Sully-Miller 18. Vernon Pavin i 2 -CITY OF HUNT INGTOWBEACH A.H.F. P. NO- I��y PROJECT: COST ESTIMATE DATE= COUNTY - CITY 01= H-R. - ".- IT>:'M �-- prSCI�i 1�'T INN UNIT � -QURhl. TOTI�L . f KICK QU1 ,N_ COST QUkN. COST 20OST 6,000 50% ' 5,005 000 ---- z of h�►�p - lfi � SDI-��r) 3ti% I,�ofl �'. Sa�a �I,00� So°� 21,000 �2�aro s � �� ��►Na (5� w.�) o.�'�s.� °�1,5,os.� 5�°h a�bz,� 5�� 236Z,�o �ti5 ����'(�° r� v>r MIST• �I,}�, tour�-s ( sk�r► -s) 2Sa W. c 1 E{ `L�` 1-is'�, �I, , �o�/ S C V�`lV.S) 2 ��, 6 r /fl roe, �a--- 50! 15-0 Ir6vo 4 fi _50A 50°4 y oa' 4"gao (.IN�oliP, 1 ,8 l"'� c,/ �� s C IT�I1 II o�Iw1DE �') i ' 2�00o L, 50�D I ,Doa SO�o I i Doa 2,ct i i�",1 S�.Sb I21 i�'�•50 1�5'yi�) I� 1,0 llw�"Cf C lox.) Soo I4_►1°° psi Zoa v copSTrvl[ °o I6%11$ .50 533,,,,f k BID PROPOSAL FROM Sully-Miller Contracting Conpany • 1�>h1anl� To the Honorable Mayor and City Council, City of Huntinptaa Beach,California: In comptiaaoa with the notice inviting nsded propesels for the reconstruction and resurfacing of Warner Avenue, between Algonquin Street and Edgewater Lane; CC-817 . i I hereby propose and Was to eater into a contract to perform the work herein described and to furnish the materials dwefore according to the plant,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 Buch,California. The undershpned has not eempted any bid from any subcontractor or metarialman through any bid depository,the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any vAcontrector or msterialman which is not processed through said bid depository, or which prevent any subcontractor or materialmen from bidding to any contractor who don not sue the facilities of or accept bids from or through such bid depository. For the futnishing of all tabor,natesiah and equipment,and or all incidental work necessary to deliver all the improvements complete in plus in strict conformity " the phshs, gncifhations and special provisions, on file in the office of the Director of Public Works, City of Huntigton Beach,California,I propose end agree to take full payment therefore at the folloMag unit prices,to wit: ITEM APPROXIMATE ITEM ri1TI1 UNIT PRICE UNIT NO. CIUA%TITY WRITTEN IN WORDS PRICE TOTAL Mobilization at maxurnnn $10,000 l 1. UnTp Sum `Z- 'FU u n_ 11 -r i.r + u v l d o lug sin Excavation of existing AC/AB (1.0' deep) at� z 2. 1,300 c.y. �ILTE-��.J + U per c•Y- jos 0.15' AC overlay (w/rubber latex additive) SJ o0 3. 1,400 Tons TJ6 n)r�,� �}1 Nrc -� S�{> Do i!,d r—r qlko- per ton � AC Base course of 1.0' deep atZ40 �U 1 4. 2,522 Tons - ` L' +- /-r1 _ 1,(��- _ r per ton Coldpla .ing at T ti i 6nJ (f6/l) r 5. 31,500 s.f. q 7Z per 5.f. P--1 � S ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL Adjust to grade sting wa r valve cans at 6. 3 each DoLL per each 0-0 Uv q 00 Adjust to grade e>astViq manholes at 7. 14 each , du-�� -- �er each 6�0 -. 7,raf f is Control (�incl.udes. traf f ic�ians and 8. Limp Sum temp. striping) at ,Tiv; DI/L-6 per Lump Sum N00 3 OD v ~ Installation of reinforcing fabric at 9. 13,600 s.y. �cS 1AA 4 C=6-&m S- per S.Y. �.� 10,Zva Installation of new signal detector loops at 10. 10 each vv per each ZZva Rout and seal. exi.stincx cracks at 11. 1320 1.f. �� rt '7� � 21 r- 1 S _ /Rn L h- 1 0�0 I l.f. J z f o f Rout and seal exi ting cracks (i c1 s 1811 wide 12. 680 l.f. fabric) at _ fj�.�� r &� +� '!L�' a per 3 - zlz `total in words 16 ►X _a6zl Adf r� �r�v IL ZjD P-2- It is understood and agreeu 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 compensatign 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 60 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 fail to execute a contract for doing said work and to furnish good and sufficient bonds in the form set forth in the specifications and contract documents of the City, with surety satisfactory to the City within 10 days after the bidder has received written notice of the award of the contract; otherwise said security shall be returned to the undersigned. Licensed in accordance with an act providing for the registration of contract License N o. 001538 "A" Sully—Miller Contracting Company J.D. Blair AssistAnt Secretary Signature of Bidder Business Address 6145 Santiago Canyon Road Place of Residence Orange, California 92669 Date this 1st day of October - , 19 91 Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature ui. 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: Sully--Miller Contracting Company 6145 Santiago Canyon Road 2. Address: Orange California 92669 3. Telephone: _714/639 14G0 4. Type of firm—individual, partnership, or corporation: Corporation 5. Corporation organized under the laws of the State of: Qalifornia T 6. Contractor's License Number: 001538 "A" Expiration Date: 02/29/92 (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 ATMMED) 8. Number of years experience as a contractor in construction work: 67 years 9. List at least six projects completed as of recent date: CONTRACT CLASS OF DATE NAME, ADDRESS & PHONE. AMOUNT WORK COMPLETED NUMBER OF OWNER (PLEASE SEE ATTACHE )) 10. List the name of the person who inspected the site of the proposed work for your firm: Jim Townsend --Estimator Date of Inspection: q IlDh 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 SULLY-MILLER CONTRACTING COMPANY UNANIMOUS WRITTEN CONSENT OF THE DOjUtD OF DIRECTORS September 10, 199U Wa, Ute undursigned, being all of the Directors of Sully-Miller Contracting Company, it California corporations horeinsfter referred to an the Company" , do hereby Consent to the adoption Of the following KdaOIution: (AUTHORITY TO EXECUTE BIDS AND CONTRACTS) RESOLVED, that any officer or assIstant: officer of this Company be and each of them is hereby authorized to execute in this name and on bahalf of otiffs Company under its corporate noal any and all proposals for tine sale of products, morchandise and sorvices of this Company and any bide and performance bonds requirod in connectl.on thurewith, involving an amount or value not in excess of ten million dollars ($10 million) in any one inat:ance to the Unit:ect Status, any of the Srrittm, ter.ritorios and dependanciou of the United States , the District of Columbia , cities , gowns , t;owncsnipu , countioa, uchool distriete, and to the departrnantts , political aubdlvissions , agencies or wholly-owned corporationa thereof, or to uny other person. The consent to rho adoption of this resolution by the Board of D.irectoxn of chins Company as aforesaid 13hall be Reamed to be ass fully - of foctive as if action herein aut:horl zed had boon authorizeu by a mo*iting of the Board of Director4 of this Company, fluky called and held, at which meeting all of the undersigned were physically present and the certification of the Secretary of this Company as authoritAtion herein contained may be in the form of certifyIng that the aforeBaid resolution waci adoptod by this Board of Dircct:ora at a Paeating duly called and held on the date hereof . IN WITNESS WHEREOF, this consent has been duly executod by the undoraignad. (12a, A pa"a T. 13. Howard, .]r�- Roger L 4Serpan - iC7C G A416--+ hil N Roy C Tur»ur Lao 0. Allard to ce W. An omery sscc - bldld6 �consent $ BULLY-MILLXH CONTRACTING COMPANY (a California corporation) IncorPorhted May 21, 1923 100% owned by Daaasr Nast, Ina. ID! 95-1274390 DIRECTOPS (&I t errir_fiis • T. U. Howard, Jr. Roy C. Turnav Roger L. terpei) ciawl Rxecutive Orrlcor/Chairman Or the Hoard William T. L.Ightc■v 1'rooLdunt Robert Q. Rolland Vier. Prouldont • 1000e1 D. Allaru Vico rrooidont h Chief Financial officer • Royce W. MonLuomery Vluu Pa•uaLdollL, omnvaal CNYIA001 Gucroupry R. U. Andoraou, Jr. VLC• yaesldunt 6 crrnwral HannVur, llluw DL&Inond Davld P. Uraduke VLcu Pj:ooLd"sm Randy U. Leally Vicu !•iunlalulkC 16 Treasurer Coresie U. Hcoelwe Vlce yrualdwnL L CunLrullur J. D. Blair AunlaLmiM SuC:a4ary Md a. chapline, I11 A6010La11L 9wrrrLary J. D. Cloinunto AnaLstant uacret&cy Jtrry R. 11inea ArraLuLn+lL Gecrotaty a.' T. Lltcr Aualular{L tAUVrLary D. A. Low* AOalrtanL' uuctuLacy o. M. Lubanho Arralrtant uooewLary Dorothy m. nay Arrala4arlt raccotary Ceptember 10, 1990 sncc�o��a-o PROJECT EXPERI;I:NCE ORANGE OFFIC17 YEAR TYPE OF WORK PERFORMED VALUE 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 & 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 E1 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 (EMA) Roadway Improvements 1,383,675 Ball 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. DESIGNATION OF SUBCONTRACTORS 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 shell 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 con- tractor in or aboutthe construction of the work or improvement in an amount in excess of ont4Wf N of one percent(1%) of the primm contmetor's total bid,and shall further set forth the portion of the work which will be done by each subcon- tractor. Only one subcontmctor 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 shell 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 hereinefier 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 Pr V4 �l1 �� Vu S V>J S' rt.G -A 4,K By submission of this proposal,the contractor certifies: I. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all sub-contracts entered into and bonds furnished by sub-contractor for this project. P - STATE OF CALIFORNIA ss y � COUNTY OF California On this 1St day of _ October _ in the year 19 91 before me, the undersigned. a Notary Public in and for said State, personally appeared _J.D. Blair, Assist Secretary- ------------------------------------- personally known to me I i to be the person who executed the Ake M, w0hin instrument on behalf of the Corporation therein named, and acknowledged to me that f 10 V the Corporation executed it � oiwae I Aftqbwn WITNESS my hand and official seal '+ Alice M. English Notary Public in and for said St tiCRvOWIEC�YLH'—CorpriJh.Cr. �Wc'rUls FgiT 722C+�x-0.ev 5-82 ' ,4 9IM WOLCO'rc ANC Witt class t-2} 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 ContEapting Ccnq)any 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 Secre ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. P-6 iJ0 CITY OF HUNTINGTON BEACH V-" 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92W Louis F. Sandoval Public Works Department Director (714) 536-5431 THE RECONSTRUCTION AND RESURFACING OF WARNER AVENUE CC-817 August 23, 1991 Notice to All Bidders: Please be advised that their will be an unavoidable delay of approximately twQ m n h$ between the award of a contract, for this project, and the issuance of the "Notice of Proceed." Bid opening shall remain as scheduled, 2:00 P.M., October 1, 1991. All bidders are requested to acknowledge the receipt of this Notice with your bid. Should you have any questions or concerns regarding this delay, please telephone Robert A. Martinez of this office at (714) 536-5590. Very truly yours, c Robert E. Eichblatt, PE City Engineer REE:DRN:dw This is to acknowledge the receipt of this notice dated August 23, 1991. Sully,'Miller Contracting Co. - October 1, 1991 v Company By Date J. Blair Assistant Secretary 3032g/l6