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HomeMy WebLinkAboutSULLY-MILLER CONTRACTING COMPANY - 1993-08-16 PECORI NNO DO -4653585 REG'J0,3TED BY 0$—NOV--1994 12=39 Phi WHEN RECORDED MAIL TO: Recorded iri Official Records CITY OF HUNTINGTON BEACH of Drange County? California Office of the City Clerk Lee A. Ban& County RecordeF P. O.Box 190 Paee ! of ! Fees: f 0. 4 Huntington Beach, CA 92648 Tax. S 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to SULLY-MILLER CONTRACTING COMPANY who was the company thereon for doing the following work to-wit: PHASE H,GOLDENWEST STREET WIDENING AT PACIFIC COAST HIGHWAY; CC-575 INTEREST: Easement That said work was completed September 6,1994, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting I thereof held on Tuesday,September 6,1994. That upon said contract Goodman Insurance Company was surety for the bond given by the said company as required by law. OF This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 19th day of October,1994. W/ - " bp ' ity Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF 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 19th day of October,1994. City Clerk and ex-officio Clerk of the City'Council of the City of Huntington Beach, California g:cc\nscplgs I have received Maintenance Bond for Phase II --Coldenwest Street ►didening at Pru _ rr._.7s on behalf of the Treasurer's Office. Dated 4 By Sully-Millet Contracting Company 1100 E. Orangethorpe Ave. , Ste 200 Anaheim, CA 92801 i SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES: BEDMINSTER, N-J. MAINTENANCE BOND BOND No 269434-93 KNOW ALL MEN BY THESE PRESENTS, That we, SULLY-MILLER CONTRACTING COMPANY , as Principal,and SEABOARD SURETY COMPANY,a corporation organized and existing under and by virtue of the laws of the State of New York with an office and place of business at Burnt Mills Road and Route 206. Bedminster, New Jersey 07921, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, CA as Obligee, in the sum of THREE HUNDRED SIXTY—ONE THOUAND NINETY—TWO AND 99L00THS---------------------------------- ----------------------------------------------------------($ 361,092.99 ? DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, its successors or assigns,for which payment well and truly to be made,we and each of us do hereby bind ourselves,our and each of our heirs,executors,administrators,successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 16th day of November 1994 WHEREAS, the said Principal has entered into a contract with CITY OF HUNTINGTON BEACH, CA _ for n4LDENWEST STREET AT PCH! CC—S75II NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that 0 the said Principal shall indemnity and hold harmless the said Obligee from and against all loss, costs, damages, and expenses whatsoever which it may suffer or be compelled to pay by reason of failure of the said Principal to keep said work in repair for a ONE year period beginning 11-16-94 against any and all defects of faulty workmanship or inferior material,then this obligation shall be void;otherwise to remain in full force and effect. SULLY—MILLER CONTRACTING COMPANY ED AS TO k'QnM7iell �I L i.UTT04 BY. _ AVID L . CCRACKEN , . �~-K -- SEABOARD SURETY COMPANY Surety T)'r"J,ty City Attorne¢ f� K. - . '7� GG' ,,----'Lincfa. Tichey ooney—in—Fact Form GM SM State of Washington ) County of Spokane ) I Certify that x know or have satisfactory evidence that Linda TicheX ` _ signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the States of Washington and California, for the purposes mentioned in this document. DATED on November 16, 1994 Signature of Notary My appointment expires 2-10-95 1W- 4136 certified Copy SEABOARD SURETY COMPANY No. 11656 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has made, constituted and appointed and by these presents does make, constitute and appoint George C. Schroeder or Carla Holt or Linda Tichey or JoAnne Tonani or Richard W. Merrill or W. W. Weller or William Dinneen or Lois Stewart or Rhonda A. Nelson of Spokane, Washington 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: Without Limitations 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." AN 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 ...24th....... day-of......Sep r----•-.-----•........ 19 --93 Attest: SEABOAFID S ETY COMPANY, I^ 1927 By VV( ` , f or,,tWiPt (Seal) .--.... �- .......................... -•-••---• ........ . -- ............. ss�stant Se retary Vi President _ STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET On this.........44 h............day of ......SeL?tember ... 199a....... before me personally appeared ......... ...... ...Michael. B. ..Keegan...................................... ........--.......--.... a Vice-President of SEABOARD S TYNew J COMPANY, _ with whom I am personally acquainted, who, being by me duly sworn,said that he resides in the State of -...-.--.... erne 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 Qf said Company;and that he s name thereto as Vice-President of said Company by like authority. LINDA SNIETHE StAE NOTP.RY PUBLIC Of bec4EW APSE",1996 (Seal) NO7ARy 9�' I/ly Commission Expires Dec•16,199 ao; t Notary Public C E R T I F I,the u d 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 dne of the Officers authorized by the Board of Directors to appoint an attorney-m-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 Qc�verryc ............ ...16th.................. day of ...---- -••---...Nouembex..----•.................... ....., 199.4....-. N -1927 Assistant Secretary _ Form 957(Rev 7 V0 For verification of the authenticity cf INS Pcvjor of Attorney you may call,collect,908-658-3500 and ask for the Power of Attorney clerk.Flease refer to the Power .. - --_-� ,_I,-: --J a r II. t,,,„,t to which tha nnwPr is attached. In New Yerk, Dial 212-627-5444. Hv CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION ON 8f4CH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting & Records Subjc:c.t 100% RE�TE�N, T�N PAYMENT Date CC----2?_— ------ --- ` t 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 rile with the City. -<b5��DAN T. VItLELLA Director of Finance I certify that no stop notices are on file on the subject contract at this time. Date: QQ-.�c��-_411 LOUIS . SANDOVAL Public Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: /.2 CONNIrr CONNFE1WCkVAY City i I certify that there are no outstanding invoices on file. t-� Date: DONALD WATSON City Treasurer 0574J- 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 CCr'i575, Phase II, Golden West Stree[ Improvements between PCH & Walnut Avenue Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work performed by each such laborer, mechanic , apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid . Signature and Title DAVTD L. McCkACKEN, Vice President /General Mgr . ECLARATION OF SATISFACTION OF CLAIMS I , SULLY-HILLER CONTRACTING COMPANY , state: (Name 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 G.1drn L,'Ysr SrreeC�Imprnyamenrs and dated � between PCH and Walnut Avenue. CC#575 Phase II 2 . All workers and persons employed, alf firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes o' the State of California: ( if none, state "NONE' ) I declare under penalty of perjury that the foregoing is true and correct. Executed at Anaheim, (county .of Orange) CA on this 28th day of November , 1994 Signat re of Co ractor DAVID L. McCRACKEN, Vice President/General Mgr . City of Huntington Beach SUI.IY-MILLER 2000 Main Street CONTRAcrING CO. P.O. Box 190 Huntington Beach, Ca. 92648 Attn: Robert Martinez, Public Works Department Re: Tony Folaron's letter of 9/16/94. Dear Robert: As requested by Ton Folaron on 9/16/94, enclosed please find the following: a) Certificate of Compliance b) Declaration of Satisfaction of Claims c) One (1)year guarantee bond from our surety company. As in the past, thank you for your assistance. Should you need anything further, please do not hesitate to contact me. Very truly yours, Sully-Miller Contracting Co. Tom Mundrick Contract Administration . MAIN-1, 5-8 9600 FAX-14•5-8.96 1 I100 1: ORANGETIfORPE AVE. STE 200 ANAHEIM.CA 92801 lI(ense I538A e , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 9, 1994 Lee A. Branch County Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope_ Please return the conformed copy-document number, recording date, book and page number. Sin rely yours, Connie Brockway City Clerk CB-.cc Enclosures s CC'nsLnU 11'dtphone-714-53652271 REQUEST FOR CITY COUNCIL ACTION I)atc5pla K 1- ".C)U NCI Submitted To: Ilonorable Mayor and City Council 674 19qv Submitted By: 149icliael 'I'. Uberuaga, City Administ.rato E C LFRK Prepared By: —Ray Silver, Assistrant. City Administrator/Acting I]irector of Public WorksJ90 Subject: PHASE II, GOLDEN WEST STREET WIDENING AT PACIFIC COAST HIGHNNAY; CC-575, NOTICE OF COMPLETION S1+ lIY-m Consistent with Council Policy [ x ! New Policy or Exception? Statement.of Issue. Rec-ommend�at.ion, :ltaalrsis, Funding Source. Alternative Action. Attachinents- STATEMENT OF ISSUE: Golden West Street. Widening, Phase. 11: CC-575, is now complete and ready for the filing of a Notice of Completion. RECOMMENDED ACTION: l. Authorize an increase of 583,991.92 in the Change Order limits for the Golden West Street Improvements at Pacific: Coast I-lighway, Phase II, CC-575; and 2. Accept the improvements on Golden West Street and Pacific Coast Flighway for a total construction cost of S368,991.92; and 3. Authorize the City Clerk to file the Notice of Completion. ANALYSIS: On August 16, 199.3, Council awarded a S255,580.95 contract for the widening; of(golden West Street at. Pacific: Coast Highway. The contractor performed $10 5,512.04 in additional work as follows: Change Order Number 1 (S3,789.12). Relocation of traffic. signal power sourer-. Change Order Number 2 (-$550.00). Credit for work called out on our plans which was previously completed on another project.. Change Order Numbers 3 and 5 ( S38,412.40)_ In response to the Traffic. I�ng;ineer's recommendation, temporary transition striping; was eliminated and replaced with ultimate striping; to increase safety and eliminate temporary paving;. The ultimate striping required additional imlarovements, including paving, striping, and block wall construction. This was considered to be a safety issue. Change Order Number 4 ($28,075.l3)_ Eighty-six percent of this cost. is to remove underground concrete blocks and abandoned pipelines. 'These objectionable materials were unknown at the start of the project.. The remainder is to c:onstruc:t thermoplastic striping required by Caltrans, and a new manhole. � - 10 RCA: CC-575 Phase II September G, 1994 Page two Change Order Number G (S 16,8Q9.3 1). Traffic signal conduit and equipment had to be replaced because of corrosion and conflicts with underground utilities_ 'These conditions were unknown at the start of the project. Increases in construction quantities ($18,976.()8). Normal increases in construction quantities (7% of the original contract), including wall construction, paving;, and excavation. GRAND TOTAL: S105,512.0 4 The contract is fully funded by OCTA Measure M funds. However, Change Orders must be funded by the City. 'There is a possibility that OC'I'A will contribute as much as $25,194 toward the Change Orders. Council Actual Anvrovmd Expenditures Contract Aniount $255,580.95 $255,58().95 Construction Change Orders 25,000.00 105,512.04 Supplemental Expenses 4,419.05 7,898.93 TOTAI, $285,000.00 $368,991.92 ENVIRONMENTAL STATUS: The Planning; Commission approved a Negative Declaration for the project in December 1988. This fulfilled the environmental requirements pursuant to the California Environmental Quality Act. FUNDING SOURCE: The funds for this increase are available in Account. Number SF-PC-575-6-32-00. This is a City (:as Tax account which holds remaining; funds from the Phase I Golden West Street Project. ALTERNATIVE ACTION: None ATTACHMENTS: 1. Vicinity Map 2. Supplemental Expenditure Summary MTU:R,.S:AAE':gd Filo GACC575\.57,51WA03 aac f7,,- m LSA I AVE. c0 w a F- - cn v v� n m Mc FADDEN AVE. - I _ - 11 zECINGER U AVE. Y Z = Q a0 V)I (n p > T� O�CHEIL a cL3 < AVE. z Q z a 0 n U' a o z l 0 _ w N Q C *ARNER N p ',AVE. 0 N.T.S. SLATER I IAVE. F- 405 A TALBERT AVE. PACIFIC �� - I ELLIS AVE. GARFIELDJY _AVE. ~I F- F- �F- ( 1 1 �(fi I (n � ^ YORKt OWN AVE. 3 O VV 1� I ADAMS AVE. Ln - G o INDIANAPOLIS I AVE. Y °�F I E I o 0 PROJECT LOCATION: �� IATLANTA g � of AVE. I© w z m HAMILTON AVE-. OCEAN m yly, I BANNING A VE. PROJECT: N�OOL�G\VJOI\VJL� GJ�i' G�I�JC�O�OC� C�OGJ�`r� aOC�U�I".✓�IGJ� 10 e�e� eeere� CITY CF- F-4UN7INGTCfV BEACH -DEPARTMENT CF P'-;BLIC WORKS 8/16/94 G \ACAD\CC575\575VM.DWG SUPPLEMENTAL EXPENDITURE SUMMARY VENDOR AMOUNT REMARKS Leighton & Assoc. 52.187.50 Construction soils testing GeoScience Analytical 1,822.00 Contaminated soil lake tests Southern California Edison 3,233.52 Street light installation charge Maneri Sign Company 450.00 Manufacture and install Measure "W ci n Huntington Beach Blue Print 205.91 Blueprints for the project Total $7,898.93 File-GACC575\575RCAoa-DOC &4a��I have received¢ �1(ey Q.,•/ f or on behalf of the Treasurer's Office. '� 4-4' GUSH - OOP Dated By: Bond No.._269A3A-79_3_....__—._ • Ai'- �='• PREMIUM: $1 ,840.00 SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY 07921 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. That ------.SULLY-;FILLER CONTRACTING COMPANY 6145 SANTIAGO CANYON RD ORANGE, CA 92669 (Here Insert the name sad address,or egal title,of the contractor) as Principal, hereMaiter called Contractor, and SEABOARD SURETY COMPANY as surety, hereinafter called Surety. are held and firmiy bound unto CITY OF HUNTINGTON BEACH 2O00 MAIN ST. HUNTINGTON BEACH, CA 92648 _....... --- _. .._.-._.. --_ -. . ......... -- --- - - -- (Here Insert the name and addreta,or Ipal title,of the owner) as Obligee, hereinafter tailed Owner in the amount of_...__. '_D_ HUNDRED.FIFTY-FIVE THOUSAND_ FIVE HUNDRED EIGHTY and 95/100-------------------------- 255 580.95___ .......------..- -� -..—..- - .._.... _.--•-•..__. Dollars ($-. _.._ .. - .or the payment whereof Contractor and Surety bind :hemseives, their heirs, executors, administrators, successors and assigns. jointly and severally, firmiy by these presents. WHEREAS, Contractor has by written agreement dated ..-...AUGUS 9,_ _1993- ._...._•- . entered into a contract with Owner for. . . .._.GOLDENWEST STREET AT PCH: CC-575II in accordance with drawings and specifications prepared by____.._-_-..._..._.-..__........... _.-_.... _.-. ... . _ _......... .. (Here insert full name and title) which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE. THE CONDITION OF TH;S OBLIGATION is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obiiganon snail be null and void: otherwise it shall remain in fuii force and effect. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner hev- .ng performed Owners obligations thereunder, the Surety 'may promptly remedy tl:e default, or shall promptly ` (1( Ccmpieie the CONTRACT in accordance wi-h as terms and conditions, or (2) Obtain a bid or bids for submission to Owner Tor completing the CONTRACT in accordance with its terms and conditions, and upon determinat!on by Ow-ier and Surety of the lowest responsible bidder, arrange for a contract bei-ween such bidder and Owner and make avaiiable as work progresses (even though there should be a deiaulr or a successtcn o: defaults under tie contract cr co.nirac:s of completion arranged under i�;s paragraph) suif;cieni funds to pay the cos: of comN!el on less ,he oa!ance of the contract price: but no- exceeding, including other.costs and damages for which the Sure:y may re Gab!e hereunder, the amount set forth in the first para- graph hereof. The term ''balance of the contract price." as used in this paragraph, shall mean the total amount payacle by Owner to Contractor under the CONTRACT and any amendments thereto, less :he amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed and sealed this--.. - llth day of AUGUST A D. )q 93 SULLY-MILLER CONTRACTING COMPANY --._.. - - - _ ........ (Seal) J.D. Principal Secretary IN THE PRESENCE OF: SEABOARD SURETY COMPANY (Seal) Surety By Vorm 632 5.S11.72 Linda Tic he --At LornY.._........__. e —in—Fact _.-.. ..... __... .-....._Y.—. _.... _ BOND NO. : 269434-93 PREMIUM : INCLUDED IN PERFORMANCE BOND 1 SEABOARD SURETY COMPANY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY 07921 LABOR AND MATERIAL. PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: That SULLY-MILLER CONTRACTING COMPANY 6145 SANTIAGO CANYON ROAD ORANGE, CA 92669 (Here insert the name and address, or legal title, of the contractor) as Principal, hereinafter called Principal, and SEABOARD SURETY COMPANY, of Now York, New York, as Surety, hereinafter called Surety, are held and firmly bound unto 1 CITY OF HUNTINGTON BEACH, 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (Name and addreu, or legal tiro of 0"ar) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of IWO ND ED FIFTY--FIVE THOUSAND FIVE HUNDRED EIGHTY and 95/l0%ollars 255,580.95 } (Here insert a sum aqual to ooa•half of IM coetract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated AUGUST 9 19 g3 , entered into a contract with Owner for_ GOLDENWEST STREET AT PCH: CC-575II C' 11y in accordance with drawings and specifications prepared by (Here iasart full name and tithe and addreu) which contract is by reference made a part hereof, and is hereafter referred to as the CONTRACT. (Sae Over) Ce:toled Copy SEABOARD SURETY COLVAN A ° 1 No. 11321 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS_ That SEABOARD SURETY COMPANY.a corporation of the State of New York,has made, constituted and appointed and by these presents does make, constitute and appoint George C. Schroeder or Carla Holt or Linda Tichey or JoAnne Tonani or Richard W. Merrill or W.W. Weller or William Dinneen or Lois Stewart or Rhonda A. Doerschel of. Spokane, Washington 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 Without Limitations 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 81h, 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.recognrzances,stipulations-consents of surety and underwriting undertakings ofthe Company,and releases.agreements and other writings relating in any way thereto or to any claim or loss thereunder.shah be signed in the name and on behalf of the Company Of by the Chairman of(fie Board,the President,a Vrce-President ora Pesrdent Vrce-Presidentandby the Secretary.an Assistant Secretary,aResident 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 .29tI1 day of .-. ... . . . I14y.. . . . . . .. 19 92 0..Jvfji Attest: SEABOA SU ETY gN W 1921 . By <<1 . - (Seal) ` � . Assistant Secretary cc-President STATE OF NEW JERSEY ss-- COUNTY OF SOMERSET On this 29th.. day of May 1992.. . ., before me personafly appeared .... .. NLichael .B. .Reegan a Vice-President of SEABOARD SURETY COMPANY, with whom I am personally acquainted, who. being by me duly sworn, said that he resides in the State of New Jersey. . that he is a Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument.that he knows the corporate seal of the said Company.that the seal affixed to said instrument is such corporate seal-. that it was so af(ixedtq order of the Board of Directors of said Company,and that I thereto as Vice-President of said Compa bylrk"r jthoflty. Cy.0" �.: LINDA SMOTHERS JERSEY (Seal) y, pL ^' NOTARY Ql}�ll� OF NEw 16.1996 E i Comm snort=xp res De Notary Public of N>:� Mr C E R T I F I A T E I.the undersigned Assistant Secretary of SEABOARD SURETY COMPANY d he original Power of Attorney of which the foregoing is a fun.true and correct copy is in full force and effect on the Cate of this Cenifrca:e and I do further certify that the Vice-President who executed the said Power of Allorney was one of the Officers authorrzm by the Board of Directors to appoint an atrorney-rn-fact as provided in Article VIt.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 f2) That the use of a printed facsimile of the corpora:e sea)of the Company and of The signature of an Assistant Secretary on any certification of The correctness of a copy of an Instrument executeo by the President or a Vice-President pursuant to Article VI 1.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 fronds, underwriting undertakings or other instruments described in said Article Vil. 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 m ha d affixed the cot prate seal of Company 10 these presents this c.T�S�Yrrrc' llt[t day of y A��G �T p.. 19 p Y 1927 T, jkt �' Assrsta t S.creiary Of irr* o Form y$7(Rgv 7:04) i'9r ver,fit:ation of the�c;heri�:c�1y o1 1hr.F'piat-r Ci hacme; yca may c4u,teal:ta.Sit&G5G•�500 and�•%Icr t^s r'o•�•�r ci Aflorncy clerk I-iesse reaer.c the Pa+r� - --- - - - - - -• - ,-._ ._ _. .�- �-- - - .. _� .�_ -- ---- -.. _...._.._� r...r-.... v.,.ti rs:_t r ^.far,� . CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 27, 1993 Sully-Miller Contracting Company 3000 E. South Street Long Beach, CA 90805 Re: Goldenwest Street at PCH - CC-575 Dear Sir: 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 aflgr the prgiect is completed but rior to the pease 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 Nobel, Contracts Administrator, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance I462K/1463K (Telephone:714-536-52 271 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SULLY-MILLER CONTRACTING COMPANY FOR THE RECONSTRUCTION OF GOLDEN WEST STREET AT PACIFIC COAST HIGHWAY (CC-575, PHASE II ) TABLE OF CONTENTS # TITLE PA E 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND 2 SPECIFICATIONS 3 . COMPENSATION 4 4 . COMMENCEMENT OF PROJECT 4 5 . TIME OF THE ESSENCE 5 6 . CHANGES 5 7. NOTICE TO PROCEED 6 8 . BONDS 7 9 . WARRANTIES 7 10 . INDEPENDENT CONTRACTOR 7 11 . LIQUIDATED DAMAGES/DELAYS 8 12 . DIFFERING SITE CONDITIONS 10 13 . VARIATIONS IN ESTIMATED QUANTITIES 11 14 . PROGRESS PAYMENTS 11 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS 13 17 . WAIVER OF CLAIMS 13 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS 13 19 . WORKERS' COMPENSATION INSURANCE 14 20 . INSURANCE 14 21 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT 15 22 . DEFAULT AND TERMINATION 16 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 17 24 . NON-ASSIGNABILITY 17 25 . CITY EMPLOYEES AND OFFICIALS 17 26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS 18 27 . IMMIGRATION 18 28 . NOTICES 18 29 . CAPTIONS 18 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED 19 31. ENTIRETY 19 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SULLY-MILLER CONTRACTING COMPANY FOR THE RECONSTRUCTION OF GOLDEN WEST STREET AT PACIFIC COAST HIGHWAY (CC-575, PHASE II) THIS AGREEMENT is made and entered into on this 27th day of August , 1993 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and SULLY-MILLER CONTRACTING COMPANY, a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as the widening, resurfacing, and modification of traffic signals on Golden West Street at Pacific Coast Highway (CC-575, Phase II) ; 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 . AJF587 1 CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited 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. AJF587 2 It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include : A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for_ Public works Construction, published by Builder ' s News , Inc. , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor 's Proposal (attached hereto as Exhibit "A" ) ; F. The particular plans , specifications , special provisions and addenda applicable to the PROJECT. Anything AJF587 3 mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . CQMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Hundred Fifty Five Thousand, Five Hundred Eighty Dollars and Ninety Five Cents ($255, 580 . 95) , as set forth in the Contract Documents, to be paid as provided in this Agreement . 4 . COMMENCEMENT OF PROJECT_ CONTRACTOR agrees to commence the PROJECT within ten ( 10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ninety (90) consecutive calendar days from the day the "Notice to AJF587 4 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 . 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. AJF587 5 CONTRACTOR agrees to make any and all changes , furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal , the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 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. AJF587 6 8 . BONDS 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 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 . INDEPENP-ENT 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 AJF587 7 insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers , agents and employees, and all business licenses, if any, in connection with the PROJECT. 11 . LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is , and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the AJF587 8 control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes . CONTRACTOR shall , within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if , in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto . Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers , in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. AJF587 9 No claims for additional compensation or damages for delays , irrespective of the cause thereof , and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITION (1) Notice The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. AJF587 10 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. AJF587 11 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 . AJF587 12 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material , except certain items, if any, to be set forth in an affidavit covering disputed claims , or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATIQN,_ 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 AJF587 13 expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS ' COMPEN5ATION INSURANCE Pursuant to the California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq . of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with 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 AJF587 14 insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . 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 . CERJIFICATES 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; AJF587 15 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 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 AJF587 16 ten ( 10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and became its sole property at no further cost . 24 . NON-ASSIGPIABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. AJF587 17 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 the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28 . KQTICES 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 . CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the AJF587 18 interpretation, construction or meaning of the provisions of this Agreement. 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter S 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. SULLY-MILLER CONTRACTING CITY OF HUNTINGTON BEACH COMPANY, a California a municipal corporation of corpoyeation the State o,f . Califo_rnia • B , Robert E. Holland, Vice President -"- ayor' B Jerry.401b. Blair, Assistant Secretary ATTEST: APPROVED S TO FORM: + r t4-_A4 City Cler 9�( 1/-7,0 City Attorney `' *3 6C4 AND V arSN IATED AN R VED• 91 City Administrator Director of Public Works AJF587 19 REQUEST FOR CITY COUNCIL ACTION Date August 16, 1993 Submitted to: Honorable Mayor and City Council AppR(}YED BY CIT COUNCIL Y Submitted by: pMichael T. Uberuaga, City Administrator Prepared by: ,1 odis F. Sandoval, Director of Public Works my G> K Subject: 1�-�PHSE II, GOLDEN WEST STREET WIDENING AT PACIFIC COAST HIGHWAY; CC-575 Consistent with Council Policy? [X] Yes ( ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments STATEMENT OF ISSUE: On May 3, 1993, the City Council authorized a call for bids for the Golden West Street Widening, Phase I1, at Pacific Coast Highway. On June 1, 1993, bids were received. On June 21, 1993, the City Council rejected all bids and authorized a new call for bids for this project. RECOMMENDED ACTION: L Accept the low bid and award a contract to Sully-Miller Contracting Company; and 2. Authorize the Director of Public Works to expend a total of $285,000, which includes the contract cost of $255,580.95, estimated construction Change Orders of $25,000, and anticipated supplemental expenditures of $4,419.05 for the Phase Il Golden West Street Widening at Pacific Coast Highway; CC-575. ANALYSIS: On April 3, 1989, City Council approved the selection of an engineering firm to prepare construction drawings and specifications for the improvement of Golden West Street, from ?acific Coast Highway {PCH} to Warner Avenue. The firm completed the street improvement plans in .tune of 1991. Phase I of these improvements is currently under construction. Phase II consists of street improvements on Golden West Street from PCH to Walnut Avenue including street widening, street rehabilitation, striping, and signal modifications at PCH. The City applied for and received a 100% grant in Measure "M" funds for this project. The engineer's estimate, including construction cost, possible change orders, and supplementals is $270,000. Bids were received on July 26, 1993, and are listed below in dollar amount: Contractor Bids Bid Amount Sully-Miller Contracting Company $255,580.95 Hillcrest Construction 268,180.40 Damon Corporation 269,992.25 O'Keefe Engineering 285,228.00 Excel Paving 287,608.30 f Shawnan Corporation 293,825.50 P10 5/85 RCA: CC-575 August 16, 1993 Page two ENVIRONMENTAL STATUS: The Planning Commission approved a Negative Declaration for the project in December, 1989. This fulfilled the environmental requirements pursuant to the California Environmental Quality Act. FUNDING SOURCE: Contract Amount $255,580.95 *Project Change Orders 25,000.00 **Project Supplementals 4,419.05 TOTAL $285,000.00 * Standard 10% administrative Change Order limit (not to exceed $50,000) per City Council Resolution Number 4896. Examples of possible Change Orders include changes in field conditions, unavailable materials, errors in the Plans, and changed City requirements. ** Examples of Supplementals include soil testing, Edison electrical hook—up, and water service connections. Sufficient funds are available in County Measure "M" Funds as approved in FY 92-93 budget. ,ALTERNATIVE ACTION: Reject low bid or all bids and do not proceed with the construction. ATI&CfIMENTS Project Location Map MTU:LFS:AAF:gd :3429g/2&3 Y o soo �»o I : y 4t�Cft ` a i = ia...cle ratMR watrlt L:+tIR r.ut s � a 3 � s + • YOtLl pw.1 S 1 lc+.�pd I41LAWU Jj j tiA.�To.L PROJECT LOCATION r iffy VICINITY MAP f ^ A1�41l:l1. CERTIFICATE OF INSURANCE ISSDE DATE(MMrpplrv) • 8/11/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE SEDGWICK JAMES NATIONAL ACCOUNTS NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 830 MORRIS TURNPIKE WMiEs BELOW- SHORT HILLS , NJ 07076 COMPANIES AFFORDING COVERAGE ( 202 ) 564-7212 COMPANY . LETTER A NATIONAL UNION FIRE INS . CO. COMPANY p , INSURED LETI ER U I COMPANY sully-Miller }Contractina Company LETTER 3000 E . South Street COMPANY i Long Beach, CA 90805 LETTER D COMPANY LETTER E 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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS +CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ILTR DATE(MMIDOIYY) DATE(MMIDD.n'Y) GENERAL LIABILITY GENERAL AGGREGATE S NIT X COMMERCIAL GENERAL LIABILITY GL 3 2 6 518 9 l 0/01/9 2 10/01/9 3 PRODUCT S-COMPIOP AGG- f 2 , 000 ,0 C: CLAIMS MADE X OCCUR GL3 2 6 5190 (TX) PERSONAL a ADV.INJURY S 2 : 000 , 00 OWNER'S d CONTRACTOR'S PROT. EACH OCCURRENCE S 2 , 000 ' 01 ! FIRE DAMAGE(Any One fire) S 50 ' 0 f MED EXPENSE(Any ono person) S 5 0 ri AUTOMOBILE LIABILITY COMBINED SINGLE A X ANY AUTO CA1429040 10/01/92 10/01/5)3 LIMIT f 2 . 000 . 0,. ALL OWNE7 AUTOS CA14 2 9 04 2 (TX) BODILY INJURY f SCHEDULED AUTOS (Per person) SIRED AUTOS 1 BODJIv INJURY f NON-Qwt:EO AUTOS (Per attiCYnt) GARAGE LIAB'LITY PROPERTY DAMAGE f I A EXCESS LIABILITY BE3265194 _ L 10 0 1 a EACH OCCURRENCE S ee i LMBRELLA FORM AGGREGATE S Below i X OTHER TFAN UMBRELLA FORM wORKER S COMPENSATION STATUTORY LIMITS Self Insured by State Cantinijc)i4kH�Mgg;aae' s AND of California Cert No . 1130 DISEASE—POLICY LIMIT S EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE f OTHER w General 1a 1 1 y - SIM14 eac o * Prods/Compl . Ceps - S3MM each or_c . /aqa * Employers Liability -- S4MM/S4MM/_4MM ! DESCRIPTION OF OPERATIONSILOC►TIO{kCdE11+K&PsvfcQl LDENWEST STREET AT PCH: CC-575I I. ENDORSEMENT ATTACHED. GAIL HUTTON CITY TTO1TU.EX CERTIFICATE HOLDER CANCELLATION Deputy City Attorney' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE J CITY OF HUNTINGTON BEACH EX?IRA6)N DATE THEREOF. THE ISSUING COMPANY WILL MixUawft 2000 E. MAIN ST. MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE i P.O. BOX 190 LEFT. ema >Iacz�xaaxxan�oE�cou� lacSKmzxirlgcTols�cst�n�at HUNTINGTON BEACH, CA 92648 xrx�x �wmc�7a�aueueYCx�e�c;>Qac�xmtesax�t�ctsis AUTHORIZED REPRESENTATIVE ACORD 25-S 17J901_ d4CACOR0 CORPORATION 1991 F w ' POLICY NUMBER: (L.32651a9 & GL3265190 COMMERCIAL GENERAL LIABIVN THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided unaer the following: I COMMERCIAL,GENERAL.UA131UTY COVERAGE PART. SCHEDULE Name of Person or Organlzatlon- CITY OF HUNTINGTDN BEACH GOLDENWEST STREET AT PCH 2000 E. MAIN ST: -- CC-57511 P.O. BOX 190 HUNTINGTON BEACH, CA 92648 (11 no entry aoDears above.information required to complete this endorsement will be shown in the Declarations as aVolicable to this endorsement.) WHO IS AN INSURED (Section tl)is amended is include as an insured the person or organtzatlon shown in the Schedule. out only with respect to liaon,ty arising out of -your work' for that insured oy or for you. Authorized Signature FD AS TO FCC C I CG 20 10 11 85 Copyrignt. insurance Services Office. Inc., ;384 ....., �I r nruncV Jiwu rtNl.!I uc LVJI4rJLUV USI.I IJIW'w I KV STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DIRECTOR i•.'� NUM13E 1130 ;-V ji: C, CERTIFICATE OF CONSENT TO SELF-INSURE THIS IS TO CIITIF Y, That----ST44.,MILLrR CoRACTING COMPANY. (a jjfp �Z . r � ---------- has complied with the requirements of the Director of Industrial Relations under the provisions of . I Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this 1 Certificate of Consent to Self-Insure. 'Phis �r i 1vte may be revoked at any time for good cause shown." ErrecTtvt:, ZDEPARTT OF INDUSTRIA LATIONS TTQQFF1HE STATE OI ATIIE S DAV Or--J-U1 r _ro_� DONALD V1AL RI WARD S. ANDERSON Ilevuc. 1 r •rlificnte A certificate of.consent to self-insrrre may Inc revoked by die Director of Inderslrial Belations at any lime, for (rood cause alter a hcariag, Good cause, includes, ntnoerl; other ddt%sts, ttte im sainuCul of llw solvemy of such enrlrinytr, %lye iu:ibility of lire en)trloyer to NMI$ Iris oblis,alioas, or lire pnrclice by such employer or Iris 311'enl in ch:nae of the at�mrnhlration of ublis;aliuns under this division of aay of the fulluwing; (a) llulritually and its a mailer of practlre and custo,n iluhrcinx clnirrranls for compensation to accept lcss than the compciis:rliou duo or rnakinl; it accessary for thew to resort to proceedings Mirist the cnrpinyur to secure live compensaliou due; (b) Uisclatiging Ili% cnmp,arsnriun oblisralioas rn a dishonest moaner: W Diseltall;inp his canteens-thon gAlions fit stir), it malmcr as to cause btiury to the public or those dealing with hint." (Section 3702 of Lrlxrr Codo.) 'rive Certificate may be revoked for wtwompfiance with Title. 8 Cnlrfomia fldrninistralive Code, Group 2—Atlmiuistratiun of Self-sasurance. *3upersedes Certificate No. 00148—E, issued to SULLY---MI:'LLM COIF` RAMING COMPANY on August 22, 1973 and Certificate No. 1130 on October 1 .1 b 1• rOAM A•4•10 �}. ,] •iror.�er�,n r r..QO ou I have received Ri d Bands for Golden West Liidenina-.PCB to We;rt"t,fr6- on behalf of the Treasurer's Office. Dated lor�,,' BY: Sully-Miller Hillcrest Construction Damon Construction O'Keefe Engineering Excel Paving Shannan Corporation R = CHUBB GROUP OF INSURANCE COMPANIES CtFilLJtt3lt3 11; fv1ry.IIII;1iII Vff'v' IR•,. •f {' Ih.. If. ;.ii •. , e�. . . L., f 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 City of Huntington Beach (hereinafter called the Obligee), in the sum of Ten percent of the total amount of the 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 2 day of July , A. D. nineteen hundred and 93 WHEREAS, the Principal has submitted a bid, dated July 26 , 19 93 , for ' Widening and Resurfacing of Goldenwest Street at Pacific Coast Highway CC575 (Phase i1 ) 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. Excel Paving Company Principal By: .P. Brown President FEDERAL INSURANCE COMPANY By. 4a Dou as A. R p Att ney in Fact F �[D rvw.f1-07-0007 fp.. 1 POf ,.4 7M OWf U A v POWER OF ATTORNEY Know all Men by these Presents. That the FEDERAL INSURANCE COMPANY. 15 Mountain View Road, Warren. New Jersey, an frdiana Coraora- m, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California---•------- 3ch its Irue and lawful Attorney-in-Fact to execute under such designation in Its name and to affix its corporate seal to and deliver for and on its behalf as surety iereon or otherwise, bonds of" of the following Classes. to-wit' I Bonds and Undertakings(other than Bail Bonds)filed in arty suit,matter of proceeding in any Court,or fled with any Sheriff or Magistrate.for the doing or not Going of anything specified in such Bond 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,Tam,Village.Board or other body or organization,public or private.bonds to Transportation Companies,Lost Instrument bonds;Lease bonds.1Norkers'Compensation bonds. Miscellaneous Surety bonds and bonds on behaff of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials. 33 Bonds on behalf of contractors In connection with bids, proposals or contracts. In N11Etess MRwrect.pie said FEDERAL INSURANCE COMPANY has,pursuant to as By-Late.Caused these resarm to be signed by its V,ct Preedern Dime Ameltant secretary and M Coraraft tar be hereto a1ased tile 30th dey d' June �s 92 v -O �... PttDEPAL INSURANCE COMPANY �filA By t'r o Dimon a raw+o. Yree Ureeldeey ArYMary ATE Of NM JE WY aunty of Somerset a,nwa 3 0 t h de,, June tg 9 2 .bob me personally cant Rionard D O'Amw so rims«Adorn Dime by ms kmwm n be Aasetant Sacrec ry d this R*.DElIAL 114BUNAMtX )MPANY,gw mv,rrwn as@wbed In and wtich exemsed pis torepoitg Ppnter d A1wrney-and the acid Rchard D O'Connor being by ins duty worn.dd aeons era may that tw Is AgrataM s.oatary dr V* DEl1Al aOURANCE COMPANY old kn mm, pre CrAorete sear thered:VW this Mar of wW 10 the tp rig Parer of utornay is such corporate Saar and was therew arrh,ad by Guth flity or the ap(JAe d sera rrwnry,sntd Mal he tlptad Dad Power of Attorney as Assaunr SeersUry or card Camp"br like authontt.rd put he■acquainted.rich Jame D Dixon and knows twrn to be the YRft President of fail company. f rnr the pp+Uure d said lane D Dtson atrbearbad to aaa Power of Atwrrry is it tree gerrrirte nardwr iseg d sad names 0 Dann end wEs are sLibscnbW by anon "er sea arlArw and in d"owi s itreeena petit Seal rtr� ..'� ��S,•'.� '�i. Mna.bdged and s to be"me /i'�-�'•� O^the daft a wraren NOTAiiY � _,. J f[�sC 4WCHAt: Notary Pubtrc '.fERx� GERT1flCAT10N Notary Public. Stare of t`bq hrsq No 2091332 ATE Of A"JERaEY � Commission Expires A*r � Me rs aunty of Someet .pre uhderMgnea.Ass4tW Sacratary of the FEDERAL INSURANCE COMPANY.do Hereby ois"Vur the kftwr9 s a true scarp horn the erLairs of the and Company of adopted by td Board of Drwb" March 2. vw and dsat Otis,arlaw is to tern brew and arleet ARTICLE xvul Sea t.AN Dotsas,undeAakrrgs.txrxrete and dtftar lrntnrrtenra ONtr than as ab"kw and on behe of tan CoMpary wtreh a Is sunw u"by raw of As snarler to axeeute.may and ahaa be ekec~ in time nettle era on batted of the Campery erdw by ran Chtrernat or tan VC*Cha+rmen or ma Pr islOerr ora VimPaes.dars,p"wan lee Seaeury of an an Assistant S -tntda rise nupeCMO dea9nwrorta ersePt ntw any rxw r Mora ORCM a anorneys-rr-tan 6e09nred In any resolution Of tan board d oisctons Of the Ebeeurns Com rwnee.of in any pews or attorney eseetNd b Ptvrmcsed b m Section]pelo■,may ascuu"such bond.r.wanakng or ouwr obegahon as Prtrr+oed in such raeoi~or poisor or unwrtay Saawn 1 H ptrrsn d aarney b red a•bstlrl d tree Company met Ens Spica be awcvlad ti M rtarrta and ar beHMr d Ilan Crroawrc either Dy are Cttanmen r 1M Ybe Cha+tlwt r tan P4eerdaea r a Yp Prwder/ r an Apytay tree PresrderR lotrray wilt tits Seawry«an AaM1arR Serwry.under tick rmosift a tlseynrrona Tty tignrure d sue+draws Mty a trtgrred.prerl W r kMoVispnw-The sWwur+dt eaCn of Ian tolbomm d4oera Cttasrmen.vice Chak+run.Presidso .any V"Prudent."As~vbe Immident.any SeaemY-"AMMIAMI seawry and the seal d the CoaV"+nay be afgwea by raa.rw to wV Dower d ertptrray r o Dry deHlltral ratrktg VwrM ePPo"Aasrarx Sedetanet or Ar rrtere-MFaO W rrwDasea orey d asteeusn9 and anrsreq bonds ud Uftft okr9a ad anw rrrlYlga abs9m7 h tan rrlw thrall.and ry wan porwr or sEtorner or eendkwe Dow"each tewrrtae s+ptrure or%ceinas ass"be void red binding Won the comp"and any such paw•so easaded and osnfied by Guth New As egrrrurs and taurnaa Deal Detail be read and b'rrd'ttG upon rf»Cernpany with respell M try bond orundertake9 to which 1119 ytaChw- rurttw pntly the sad FTOEIIAL 11MRANGE COMPANY is du/y rcwred w tnmrn rdWty and Surety business In each of the Strn of the united Susan d Amtrka.Ovtrrtt Of Co"bw Puerto Rim and east d the Nw*"d Ca+Wa.rtth tan exeWhon d Pnnwe Edw Hrand:and Is afto duty«Sensed 10 beCome sole Surety on batch urwhcmkrr gp.etc.pw~od or mgwwW by tar .Ian undis so Aattwra Seawery d FE Dtr M MuRANCE COMPANY.do heryby mndy gm tan'-a rq P*w s d Abney b In fuh torte and eflect ;even wtd.r my Henn ens nor seat d Doll Company r YYerrert_N J.tttr 2 d July i g g 3 von S`R A ric AaYwre Pmrstary r,r`•� q a lL • awe{tEt) m tytp.tlt /•110i OEtyERAt(FORMERLY 21-t04".17I u n r , Y CHUBB GROUP OF INSURANCE COMPANIES � J 0HU113113 v, r.l, ii l.iiii `: ^.r II:. , 1 I' r r li,,. lt"') :°Jjrwri If, : .L u:ety 111[liil 11W, FEDERAL INSURANCE COMPANY BID BOND Bond No. Amount $ Know All Men By These Presents, That we, Shawnan Corporation (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 sure of Ten percent of the total amount: of the bid Dollars ($ 1 0% ), 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 2 day of July A. D. nineteen hundred and g 3 WHEREAS, the Principal has submitted a bid, dated July 26 1993 for Widening and Resurfacing of Goldenwest Street at Pacific Coast Highway 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. Shawnan Corporation Principal 8 . f'arrras . PG , ` -silt. Secretary FEDERAL INSURANCE COMPANY By: Vf- Doug s A. Rap Attorney in Fact i .ro F«m r5 02 M07 Ian +9M u ,TA76 f IM , POWER OF ATTORNEY Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road. Warren, New Jersey, an Indiana Corpora- lion. has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp of Santa Ana, California--------- each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes• to-wit- t. Bonds and Undertakings(other than Bail Bonds)filed in any suit,matter or proceeding in any Cburt,or filed with any Sheriff or Magistrate.for the doing or not doing of anything specified in such Bond or Undertaking_ 2. Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs or Internal Revenue;License and hermit Bonds or other indemnity bonds under the laws,ordinances or regulations Of any State,City.Town.Village.Board or other body or organization•public or private:bonds to Transportation Companies,Lost Instrument bonds:Lease bonds.Workers Compensation bonds, ; Miscellaneous Surety bonds and bonds on behalf of Notaries Public. Sheriffs, Deputy Sheriffs and similar public officials. 3- Bonds on behalf of contractors in connection with bids:proposals or contracts- $A wryness ssnhenaof.•lie sad FEDERAL MURANCE COMPANY has.ounuarr so+a Ortarws.caused inns presirm to be signed by 0 Vice Pnadarr and Assntu+r Secretary and its corporate war to b*ha'Np'lftx_:;M's 30 th day o' June 1° 92 Coreua'•,�L{/�}yr.w;-��•n . w � * * FEDERAL INSURANCE COMMNY - �qA By e O Oraon D Connor Pipe PreetdeM Amsfstam essay STATE OF NEW it"" as. .;ounty Of Somerset On she 30 th day d June +v 9 2 _baton my personally ears Richard D O'Connor n me known and W nw know^to be Asa Cant Secretary of mp fr[DEAAL NSUPAWX .OMFANY,the corporation described in and.hoer arecvred tear§Drego'ng Raver d Anorney.end the said Richard o O'Connor bang icy the duty scorn,dw depose and say Ina he is Aasatam Secretary of the !IDERAL INSURANCE COM►ANY and known try corporata ter rhHfd:Mal the a"alrtsed to the toregoang Pmmr d^Mornay is such corporal*sear and eras tnerM*Hind by atAMori y Of me BrLars of wow :ornparry and tyr M agi sod Rant of Anornmy as AssmYn Secreted of aad GOmpany by wa autnorey:and Ilia he is■cduarded hntm.rames o Dimon and kntrs Pin to be the vice Presider"d said Co-o" .Ad mat Ina WOrrrvn of saw dins D Door subsant tow wow Parer of Atar+ry lain Me genuine hanOrrritrrg of sad Jsrnss D Dnen and wits Me, subsenn*d by guthdriy d seed BrL&"and m osponprrs +olartal seal Ackrnbwiedgad am j �eb*None me A pn the f Now, r' Plow 41'r�iiAft Navy Public . JERa' CERTIflGTtON Norary Ovbl.c. Stare of 1',41P baser ewe / No 2091352 :TATE OF NEW aERSEY Commission Urpiru k4jr ;ounty of Somerset i.cry underOgnsd.ApMUA Secrewy of the FEDERAL INSURANCE COMPANY.do herspy wrhry that ty Wkwrhg to a•rare aic*rpt train this BrLgrs of the sad Company as soopted by Its Hoard of Dietaors n Marco 2.*110 and Met tha erLm+s in fug force and~. ARTICLE XYm section 2 An bonds.underlakegs.c:orwom and cow Wtrum*nss anp fir+as abom tot and On behart Of the Company ehnch n he aumwaW by raw of rp charter to evicute.may and shag be peCured in the nine erd on belted of the Comparry eaha by Mis Chairman of the VC9 Cha+nnrn a Me Pneeps w a Vice Presdem.patltr with•tea Secn+ary Or on Assrwnt SecteterY under MOO reapsi:" deageolons,creep tit cry one or nhpre of•cim at pia nsysa-v~desgn@W M"resp4Ahon d the Board of DtnCwn of the E,scutns Committee.or in any power d anornq ek*Cusd at PMWK ed to in Sen on 3 beep..may SxKur any such bond.und*nakhg or drys obkgron as piphr•dad in such rl ciiii on or power d aNwnyy, Section 3 AM pprtars of Own" row pn bar"d the Company may and ahat be owe~in Me name and on bOW d err Corgprnic*VW by dy cnahrnrn of Me Moe Clyiman a the Pfmc ns or a arcs Preaeyrs or an Aesnstaa vice Pis~.piney wkh dy Season or an All wry sic.ray whelp tear nISOK m on""The SoWure of Stich often may be engrwad,printed of rsrwgi W Try Mgnoun d each d me koff ++q dM1cen chairnw.Yee crwmen.Pmand*m.M vow Ponicerl.any Apbtars Yoe PreadahL any secfetay.wry AssisUm S*chnary and the real d the Company may be aHrsd by h grrAft to any POW d Mornay Of b any WWAN rOL"d+erae,sppoir"AMIMM A - - rw a Anorneys4mFaa to pwrpows.trey of art t and sinmrig banes and unftr wed and weir wNrrps obhgsw I in we nnws •Peed,a+d any sud+powp d attaT`a7'd perin/1Ca1r brarYy nrctn rrfinh+a OVUM"Of hK*hnhe war WW be rpsd andD+nWV upon the CoRW"and any such pewee so exec~and Cerbfed by Burn tarsimae sgnssoe Sind 4ceanas smal slWt b*ret•d and b,n upon Me Como"*Nh reaped ao any bond Or undatakrng tp rfrch Has o nscned" r hrrinp osrly Ym sew FEDERAL INSURANCE COMPANY to duy sheen ad to irsnaad Nhaty and mossy hainses In path of Me Stara of the Un"d Sores of Amps.District of Cdunnbra.PLorio Rbp,and each of toy rpAhM d Car%**a wmh ty arc+ptron d Pnnc*Edward triad:sew to arc cuss kceneed•p becornst was surety on bondw undertaitngs.aft.permMed or tsgvimd by Ise. L the rrdaraWkw Asarsssr"epcmAry d FEDERAL OMMANCE COMPANY.do Iyreby panty"the roregcwg dower dAnorryy•s h•Ira trxw and atNed cn.n wwp my rand ud me"a of SW Company a wrr.n.N J.an 2 Ory July Ag 93 orvor ,a�R•"-r+rC tit �- Fes, - A*Malartt it f �•r iJIAN� Pat TEp rm r}tppt wadi GENERAL(FORNAEWY Tr.tdd333) u w C , 7�r1L� C'/JS t I - Continental �nCsou duce. BID BOND Apprcved by The American Institute of Architects, A.I.A. Document No. A-310 (Feb. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS. f That me O'REEFE ENGINEERING INC. 4761 Lincoln Avenue Cv ress CA 90630 as Principal, hereinafter called the Principal, and THE CONTINENTAL INSURANCE COMPANY, 500 So. Kraemer Boulevard, Suite #305 111 p} Brea. CA 92621 a corporation duly organized under the laws of the State of NEW HAMPSHIRE , as Surety, hereinafter called the Surety, are held i ana 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 I$ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind our- selves. our heirs, executors. administrators, successors and assigns, jointly and severally. firmly by these presents. WHEREAS, the Principal has submitted a b'd'for WIDENING AND RESURFACING OF GOLDEN WEST STREET AT PACIFIC COAST HIGHWAY IN HUNTINGTON BEACH CC575 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee n acardance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with food and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the )rosecition thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal ;hall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount 7 or w'kh the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be 1 rull a.-&d void, otherwise to remain in'fun forte d fffet. Signed and sealed this 16 day of JULY A. D. 1993— 0' E GINEERI G INC. (Seal) r / (Wit,ess) (Title) THE TINEN N OMPAn (Seal) )Sv"_�4 (Suretp) Li" (Witness) HF, Y P. WRIG ATTORNEY (T s) i 4351.0 ►R«+TIM 04 U.S-A .� %L + ' The Continental Insurance Company 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all riled by these Presents, That THECONTINEvTAL IMLA,1.tiCECoMPA.N Yhasmade.constituted ,r:3ppUinred. and by :hose presents does make, consfaure and appoint HENRY F. WRIGHT, PASADENA, CALIFORNIA true and!awiul attorney, for.k and in its name.place.and stead to execute on behalf of:he said Company,as surety.bonds.undenakings A contracts of surerrshtp to be given to ALL OBLIGEES ovtded :hat no bond or undertaking or canrrac of surervship ±.,%ecated under this authority shaft e%ceed in amount the sure of TEN MILLION (I0,000.000) DOLLARS This Power of Aaamev is 3-anted and is signed and seated by facsir-tile under and by the authority of the following Resolution adopter lay e Board of Orrtc:ars or the Companv on the 1st day of November, 077. ^RESCIt VfD. tut ht c'sa.nnsn of rhf dosed.xe Y.ct artisan d dtit 3oard.'1+c►res.6enL aw F�ettetr+e vie t}st�ewr or a Sen;ar Oct Pm;deed or a vice►rew&m of 2W .,,pae.y,k-Dial:hat each or am.of theta 4_auenon.-ed'a eretate►o•vr%of AnoMev pua:.lVwj the artorowy naemed is tsse prep►oa..a+tat,"orn"!a roe-cLetf n behalf oe--ne �p4frr.Co,+ds,vnaertak,.p and an cansrs011 r/i sarerVWU,*:and that an Aas+slant vice Pre.-dent,a Set.-rtafv a►an^san%rsrt 59CW /Y be. Ind Art fact+O airy d Owm heoror n. thOn:ed'a a"tty'he tatC'rteon of arty sucl►tom;.tK Artornc-.and to atucti:hereto:he seal or the Corn}aeni. FUR'1..tE2:tE5CLVED_that:he ugmatures of such ot-cen and tht seal of,h!Camza�+nay be&Kzed:o any s.._%?o-rtr o+-knorney or to any cer.r+Sate relat+ns:here-z 3.rnse.and an.sk"_�70- a of Attorney or Cert•r mte:carters suds Fwj.m.le s.svture%or faa.rrt.;eataf sha,1 be-al-d and bw-C r S upon chip Company-hen w aeiised and A�e e4ire tt,relpea to any bond.underak,ns pr contt�JC.7f wrtryo.p to-hit+a%arua+ed.' to Witness Whereof, T>~E CONTt`ENTAL ttiSURA`CE COn1PA.NY has caused its official seal to be hereunto affixed. and these -esents to be signed by one of its vice Presidents and anes:ed by one of its Assistant lice Presidents this 1st day of%uy. 1985. THE CONTINENTAL INSUR-LNCE COMPA-NY :Test: �B y�///{1� Roosert W.Adler,Sr_Awtitant Yce A-vu6irtt e-[.vet►ftn;dent rATE OF NEW YORK ) OLINTY OF NEW YORK j} On this 1st day of%lay, 1985,before me personally came Michael 1.Beemaert,to me known%who being by late duly swum,did depose td say that he is a Vice President or THE CONTINENTAL.INSUR kNCE COMPANY,the corporation described in and which executed Late dove instrumenr;that he knows the seal of the said corporation;that the seal affixed to the said;nst rument is such corporate sell;that it was allized by order of the Scard of Directors of said corporat;on end that he signed his name thereto by like order. Ff•: / ralax��4 ' ITMEL TARMtTO NOTARY PL Vjr_state of ire..yta# NdL 24 "3 t 17 Quat,in"coaw.r CDtTIRCATE CO+^iiiiLw s Evirtas marehr JO.19" I,the undersigned,an Assistant Yrce President of THE CONTINEN7A,L INSURAINCE COMPANY,a New I.lampsh;re corporation,00 EREBY CERTIFY that the foregoing and attached Power of Astorney retrains in full force and has not been revoked;and furthermore that the !solution of the Board of Directors set forth its the said Power of Artorney,is now in force. Signed and stated at the City off4it—Yo.it.in the State of New Yo&Dated the 16 d,y of JULY .19 93 { =_� 2-i M-'ea, A,%;"nt V;Ce fke.iltrt 1 110ND+315t. Prirved in US.A. I RELIANCE INSURANCE CONZPANY HEAD OFFICE.PMII,ADEtYMA.PENNSYLVANIA BID BOND KNOW ALL MEN BY THESE PRESENTS. that we Damon Const. Co. as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia. Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of ten percent the amount bid in Dollars (5108**********), 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 severalty, firmly by these presents" WHEREAS, the Principal has submitted a bid-for widening and Resurfacing of Golden West Street At Pacific Coast Highway C C 575 (Phase TI) NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principai shaft within such time as specified in the bid. enter into a contract in writing and give bond with good and Sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds- if the Principal shall pay lo,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. PROVIDED. HOWEVER. neither Principal nor Surety shah be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project Signed and sealed this .26th day of July tg 93 J Damon Const.Co. (wirness) lPfincipal) (Seal) (Ti9e) F11T RELIANCE INSURANCE COMPANY J S3 GERAnotne ell BOR-2323 2190 ' IZUU1ANCE INSURANCE COMPANY 3 HEAD OFFIC-C PKLAD"Hak PCh"OYLVAML4 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. Thee awe PZUANCf iNSUFVWCE C)WANY,a oapwwon duty e+pae+ited erwdsr twee law•of rt+e State were Pennaytvart+a.doss harsby e"ho.Con4bbAe and appow JOHN D. HUNSINGER Of GLENDALE, CALIFORNIA -------- fts V"snd Iawfui AUorney-in-Fact b maka.auacuW aaaa and"Ivsr for and on Ms bahatC and as hhe ed and deed ANY.-AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP and to bind rtwa REUANCE WSURANCB COMPANY thereby as lolly and b Mws barns sxW t sa r beach bond.and WAsr ddnps and atw wrtanps obilpatory In the nature tfwed wets d9r►ed by an Euecu*vs Of W of VW ADJAWA ff4UAAWA COMPANY arwd eealed&W a esliod by one offw of such oettcars,and tweby mulcts and conU M".ford Ms said AaortleA0411-FaCt say do In pureu&AW hereaL This.Power of Attorney Is granted under and by authoft of Arrtcle Vf of M Br-Uwo of REiJAWA WSURANCE COUPANY wwtdcn became eftectfre Sspumbor 7.1976.which provlslons are now In&A lonoa and eA•ot nadkp as 1t400% ARTb=VIl--DfECUTION OF 6oNDa AND LVADVArA Wa 1. The Bawd of DirecloM Ins PreeldeM Wwe Cih&kwAn of fee Board.WV senlar VkQ Ne4160K any V40 Presldntt or Asdetant Moe Peeldsm or ottw offkw dfelgnatad by the Board of Directors"have Po*w and sulux*10 W appoint AYatwys4e► slot and to sumofte tfwra b exocNH on beharf of the ComWy.bonds and wlduttlt4l M ll`*MVtunoes,ponlraCba of kdemft and Dinar"ship obAGA"to Ins nacre tiw•reof.end(b) to remove any such Anorrwy-In-Fact at any Gme and nYoka the power erne w Vft gk-g11 ta hML 2 Attorneys-ln-Fact slap have power and auth ft.•ub{•ct b the tartrla and M aXona of to power of aborney head b them.to",ocuhe sewed dauwr on boh M of the company.bonds end und•rlaldnpa,reoopnt:anoae,aorwiracts of kwWeere*and etlfw weerilkwpe obfloskuy In to mare Oorsot The corporate sear is not rw4aswy+or Me vaiWla of arty bond•and underedanpA erooprelr nc e,aartr.Na of lndanMy awed cew wrrllnps oeSpaiory in the nano.Vweot 'S Arivneys-in-Fact sh"have power and autaft to az•cx W aladevits required to be atfsdwd b bond&-rsooW trano•s.oo*sM d indem- nity or othar vondtdorW or obligatory und•rWc4eps and Vwry•haA also hove pomw arwd sufumV to pertly ria Snanalal sisI retard of tlwe Conepary W4 to bogies of ehs Br-Laws of the Coelpany or arty WkW or sacks thread TNa power of enomoy is slgned and sealed by fact MWO under and by aulhoripr d Vwa folow kV ReealeNat adopMd by the Board of Dkacaom d REUANC E WWPLA140E COMPANY at a meeting herd on rie ash day d arx ISM at whiofl a oxw4 ms was preseK and sale ReadhAio+has not beery amended or repealed: e "Resol,"that the algaabose of such dlreCk"Gild af111oerrt and•»a•d d Mee Company may be affixed to sty such PO~ of att,m i or any eaakata rW&WV thereto by tacalm4e.anal any such power( of amemy or oentt6cate bearing wed+ tacairnite signetlxw at f•catmue sari"be veld and bin rq upon fie Coetpany and sty such power sn a eoub4 sewed Cartfled by tacallrrAs signaaree and tec",Ws bed shah be VOW and WAkV upon to Gong"In"fuWrs wrkh map" to any bond or undsntakkV to wrtl h A Is ateaeiwW tN WITNESS WHEREOF the RELIANCE 04SUR00"COMPANY his"LOW IheM lkwerft b be alpnW by In Vlos Preetder4 and Its corpora»ON to be tww o amxed.T" 11 th day at April 1991. MIANC1 D&SUPWANM COLWANY 000, • � 4,r,� •eld.eK 1 STATEoF Washington OL COUNTY of King One." Ileh Ord April •10 glW*&wltysWewvd Lawrence W. Carlstrom m rns known to be Nwa Vlce-PrssWsnt d the RELIANCE INSI.IRANCB C UPANY, and echvwwrWfpad theq he"ew d snd am-Led ttla lo� uutrNrnent and alflxed Bea coal Of•ate a0eDix1%QA tlwIsN and OW Arrtds VA,7 . of owe Br-Law s of said CoenparW wwd 210 Rand t10M am forth tnseein,are sell Intoll$Oros. `� r i my C.onnmtealon E. 1ree: u� May 15 .19 94 '4;.`�' ►may Public fd for Stave a s h i ri g Rsetd6v at Tacoma k Robert D . Ritzhaupt •A"A"`t Sdcmt"y of lint RELIANOE� �Gpr,;f►;r, r,wr,la,h. rlmutt lac+ do and sw000lnp is a true and Cowed avy eN s Pattie d Attonrry sueCMed b1r ert.Ce `26thday ,« July to ` IN Wi7NESS 1M{EREOF.I tow hereunto art My hand.rid aRtKadVWsew Of said Coe*-v vis ' � � Aarireane , ,��„� Robert D. Rit aupU-' O Fireman's Fund Insurance Company BID OR PROPOSAL BOND ® The American Insurance Company O National Surety Corporation BOND# 7083400-1 O Association Indemnity Corporation PREMIUM—NIL O American Automobile Insurance Company lremall S Home Office: 777 San Mann Dr. Fund Novato, Calllornia 949a KNOW ALL MEN BY THESE PRESENTS: Thal we, HILLCREST CONTRACTING, INC. (hereinafter cWled the Principal.as Principal,and THE AMERI CAN INSURANCE COMPANY , a corp"ion organized and doing business under and by virtue of the laws of the State of NEBRASKA .and duty icensed far the purpose of making,guaranteeing or beoomaq sole surety upon bonds or undertakings required or s ftdzod by the laws of to Slate of CALIFORNIA as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (herein or called ttn Obrgee)in tha hall and just arm of TEN PERCENT OF AMOUNT BID Dollars(S 10% . )WOW money of the United States of Amwixi.lorthe payment of which,wail and truly to be made,we hereby bad mulls and our and each of our suoasssors and assigns,jointly and sawaly,firmly by two presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,WHEREAS.the above bounden Princpal as aforesaid,is abort to hand in and submit to the ObOWa bid or proposal forthe WIDENING, RESURFACING, CONSTRUCTION b LANDSCAPING OF MEDIANS ON GOLDENWEST STREET AT PACIFIC COAST HIGHWAY CC-575 PHASE II in auoordanoe with the plans and specifications filed in the office of the 0bb"s and under the notice i NOV proposals therefor. NOW.THEREFORE.I to bid or prrapacal of said Princpal abet be accepted,and the contract for such work be awarded to the Pruaapal thereupon by the said Obfigee.and said Prk+cpal shah elver into a covered and bond for the completion of said work as regtatied by few.then this ol*Wion to be mn and void, ttlnnwise to be and remain in Iul fora and effect. IN WRNESS WHEREOF,said Principal and said Surety have caused these premises to be duly signed on 2 2NDday of J ULY .1993. HILLCREST CONTRACTING, INC. By E.G.LindhoLn, President THE AMERICAN INSURANCE COMPANY By 360271449JMH DAVID L. CULBERTSON Altorney-6-Fact e GENERAL wrMRRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the taws of the State of New Jersey on February 20, 1846.and redomesticated to the State of Nebraska on June t. 1990.and having its pnncipal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint DAVID L. CULBERTSON, LINDA L. CULBERTSONN, DIANA LASKOWSKI, CHARLES L. FLAKE and KAREN CHANDLER, jointly or severally its Znic lg fitful PCtforney(*in-Fan,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertaking,recognizanccs or other written obligations in the nature 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 duly 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 V II,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII.Appofatmeof and Autborffy of Resident Secretaries,.(comers-la-,Fitt and Ageors to srnrpt Legal Process sod Make Appearvaces. Section 45.Appointment.The Chairman of the Board of Directors.the President, any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors, the President or any Vice-President may,from time to time,appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporstloa and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46.Authority.The authority of such Resident Assistant Secretaries,Attorneys-in-Fact and Agents shall be as prescribed in the instrument evidencing their sppolntwent.Any such appointment and all authority grimed thereby maybe revolted at any time by the Board of Directors or by any person empowered to make such appofatmen1.7 'This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July,1984.and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant.Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be of fixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile, and any power of attorney,any revocation of any power of attorney,or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto affixed this 24 t h day of May '+•'�I''r:''', THE AMERICAN INSURANCE COMPANY S p ,••Cr tO+ B y STATE OF CALIFORNIA COUNTY OF MARIN On this-2 4 r h day of Ma 3r _ 19 91 before me personallycame R. D.Farnsworth to rue known,who,being by ute duly sworn.did depose and say:that he is Vice-President of THE AMRICAN INSURANCE COMPANY,the Corporation described in and which exect::ed-the above instrument;that be knows the seal of said Corporation;that the seal affixed to tb:. -id instrument is such corporate seal;that it was so of fixed by order of the Board of Directors of said Corporation and that he signed his name thereto by hkc order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. �lwnntulwwullnlnnlgltrmnln/nn!lrelselrn� OFFICIAL SEAL J. M. YANDEVOR'T NOTARY PUBLIC-CA11FORNIA NodryFubbc Principal Office in Marin County = hey Cammissiae fzpati Aug. 2S.1992 L CFRTMCATE �tlt11111M111t11111M11111111111111IIN11l11II11t1111111� STATE OF CALIFORNIA n. COUNTY OF MARIN I,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not 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 of Artorncy,are now in force. Signed and sealed at the County of Mann.Dated the 22ND day of JULY 19 93 360711-TA-6-90(REV) SEABOARD SURETY COMPANY HOME OFFICE: NEW YORK, N. Y. PROPOSAL BOND BOND NO. : 76604608531) PREMIUM : INCLUDED IN BBSU 3Ctwm aU Ant bg i#rjsr 11reortas: THAT WE, SULLY--MILLER CONTRACTING COMPANY 3000 E. SOUTH- STREET LONG BEACH, CA 80 as principal, and SEABOARDS 0E 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 1 as obligee, in the sum of TEN PERCENT (10%) OF TOTAL AMOUNT 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 26th day of JULY 19 93 WHEREAS, the said principal is herewith submitting its proposal for WIDENING 5 RESURFACING OF GOLDEN WEST STREET AT PACIFIC COAST HIGHWAY IN THE CITY OF HUNTINGTON BEACH, CA CC-575(PHASE II) THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. SULLY-KILLER CONTRACTING COMPANY _ Principal B 0def s 1"ne:no. is 001538 A Tne l,a nw pxpitation dais is By � -- 2-28-94 .. Tl'.f repfesentad" DALE A. ASSISTANT SECRETARY rT•t3de lT8feW1 af6 made Under ienakY of PO" SEABOARD SURETY COMPANYBy FO1e 136 Llnda-tic/hey Attaraey-lA-F State of Washington ) County of Spokane ) I certify that I know or have satisfactory evidence. that Linda Tichey signed this document; on oath stated that he/she was authorized to sign the document and acknowledged it as the agent or representative of the named surety company which is authorized to do business in the States of Washington and California, for the purposes mentioned in this document. DATED on Signature of otary My appoi tment expires 9-15-95 i Ceitifieq Copy SEABOARD SURETY COMP g y 9 11321 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has made. constituted and appointed and by these presents does make, constitute and appoint George C. Schroeder or Carla Holt or Linda Tichey or JoAnne Tonani or Richard W. Merrill or W.W. Weller or William Dinneen or-Lois Stewart or Rhonda A. Doerschel _of.:.Spokane► Washington %its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and oilier instruments of similar nature as follows- Without Limitations 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 saute extent as it 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,recognizance,,stipulations,consents of surety,underwriting undertakings and Instruments reUling thereto. Insurance policies.bonds,recognizance$,strpulat+on9-consents of surety and underwriting undertak ings of the Company.and releases.agreements and other wrdulgs 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 VLce-Pies+dent 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 10 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- . .. _ . en. Presidts, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this . 29.th_ . daY.of .-...: .. .. . ay. . .. . .... .... . 19. 92 Attest- SEABOA SU ETY MP N f; .i9z7 'u (Seat) . ~ _ Assistant Secretary ce-President -STATE OF NEW JERSEY 5s COUNTY OF SOMERSET On-this . . ... . .. 29t ? . day of May. . 1992 .... , before me personally appeared :.. '. ....... . . . Michael B. Xaegan. 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 11ew. Je sA y. . that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing instr ument;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-li;iyy,order of the Board of Directors of said Company;and that e I thereto as Vice-President of said Compa byliiter thorlty. :• .r�„a. 1:! 1.1NDA SM:YFiERS . == OF NEW JERSEY (Seat) �f .•3ts� :' NOTARY PU}L'Cx res De'. 1996 �OF t`E� My Comm ssion - P {6. Notary Public - C E R T I F I A T E I.the undersigned Assistant Secretary of SEABOARD SURETY COMPANY d he original Power of Attorney of which the foregoing 15 a full,true and correct copy.is in full force and effect on the dale of this Certificate and I do lurther 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 251h 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 an any cerlifiCaGon of the correctness D1 a copy of an instrument executed by the President or a ViCe-PreS+dent pursuant to Article VII,section 1.of the By-Laws appointing and authorizing an attorney-in•lact to sign in the name and on behalf of the Company surety bonds. underwriting undertakings Or other instruments described in said Article VII. SeClion 1. wrlh 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 w�s�Frr,c 26th day of JULY r =1927 Secretary ��Cre1M�� - Form 957(Rpv 7!134i �+•.•n.:f:n-,rinn ril ehe, .,Yin n,.r,,..J,him C„:.r r n!O!].,ms.,•r• ,if.s t_-1l rnl:AM ask ic-i :r.rj Pir-w.rr o: ii.tiorney cleik-Fioeso refer to the PoiA4 y D;1TF: Monday July 26, 1993 2 p.m. ENGI1EER'S ESUMATE: $'75 ODU PRQJT:CT LNGINFI:R: Pony Iolaron JOB T1TLF, ANT) CC"I GOLDEN WEST WIMING, PQi to Walnut; CC-575 Phase II Bidder's Name Total Bid Amount 1. Accurate Construction 2. B and D Contractors 3. Boral Resources 4. A L Chavez S. Civil ~Forks Corporation 6. Clayton En ineerin 7. Damon Construction 8. Excel Paving t) 9. Gillespie Construction 10. Hillcrest Construction , yQ 11. Moore Electric 12. Nobest 13. R J Noble 14. O'Keefe Engineering a . Q IS. Perma-Curbs 16. Ruiz Engineering 17. Smithson Electric, IncoE2orated 18. Stein and Company 19. Sull -,Miller SCPO 20. Western'Structures S�/-4w N CU, NOTICE BMTING BIDS CC-575 (Phase II) Notice is hereby given that sealed bids will be received by the City of Huntington Beach, at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on July 26, 1993, at which time they will be opened publicly and read aloud in the Council Chambers, for the Golden West Widening at Pacific Coast Highway in the City of Huntington Beach. A set of Plans, Specifications, and other contract documents maybe obtained on June 22, 1993, at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $15.00 ($17.00 if mailed). Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all 'aids. By order of the City Council of the City of Huntington Beach, California, the 2Ist day of June, 1993. Connie w City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 3408g/16 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 clerk of the HUNTINGTON BEACHPUBLIC NOTICE � NOTICE INDEPENDENT, a newspaper of general INVITING BIDS circulation printed and pubrished in the City of dice is ahabe given , Notice is hereby given Huntington Beach, County of Orange, State of coved blydl e bids-will yilonHure- IVIOn Beach, at the office California, and that attached Notice is a true and of the City Clerk at City Hall, 2000 Main Street. complete copy as was printed and published in Huntington Beach. Califor- nia. until the hour of 2:00 the Huntington Beach and Fountain Valley pin• on July 26. 1993. at which time they will be issues of said newspaper to wit the issue(s) of: opened publicly and read aloud in the Council Cham- bers, for the Golden West Widening at Pacific Coast Highway in the City 01 Hun- tington Beach. A Set of Plans. Specihca. lions, and other contract documents may be ob- famed on June 22, 1993.at the Department of Public Works. 20011 Main Street. June 24, 1993 Huntington Beach,,Califor• I nia, upon receipt Of nOa- refundable fee of $15.00 July 1, 8, 1993 (S17.00 if mailed)- , Each bid shall be made On the Proposal Forr* .ind rn the manner proviri�r inr No bid_ shall be conSid- Ihe Contract dOcur,@ntS. ered unless if is made on a and shaft t>e acc�mpamed form furnished by the City by a Certified u.- cashier-s of Huntington Beach and is check or a bid bond for not{ made in accordance with less than 10% of thel the provisions of the pro- arriount Of the bid, made I pOsal requirements. payable to the City of Hun. Each bidder must be li- tington Beach_ The Con j tensed and also prequali- tractor shall, in the per- fled as required by law. formance of the work and The City Council or the rmpravements. conform toy city of Huntington Beach the Labor Code of the reserves the right to reject State of California ands any Or all bids_ I declare, under penalty of perjury, that the other laws of the State of Cgl o order of f the City City Coun- California applicable y of Huntington foregoing is true and correct thereto, with the exception; Beach. Cablornia. the 27sl only of Such vanationS that day of June, 1993_ may be required under the' Connie Brockway, special statutes pursuant to` City Clerk of the City of Jul 8 which proceedin s hercun.' Huntington Beach Executed on.. �_ , 199 3,._ der are taken and which, Published Huntington have not been Superseded• Beach-Founfarn ValleyIn. at Costa Me Cafifomia by the provisions o1_the dependent-tone 24-Jufy f. Labor Code_ Preference to (3 t993 labor shall be green only in the manner provided by 063-695 law, Signature PROOF OF PUBLICATION - �� 'ter -,' APPROVED BY CITY COUNCIL CITY CLFR c- REQUEST FOR CITY COUNCIL ACTION Date June 21, 1993 Submitted To: Honorable Mayor and City Council Submitted By: Michael T. Uberuaga, City Administrator. Prepared By:Q�Louis F. Sandoval, Director of Public Works SIC, Subject: PHASE II, GOLDEN WEST STREET WIDENING AT PACIFIC COAST HIGHWAY; CC-575 Consistent with council Policy' (X ) Yea { New Policy or Exception OR Smemeac of Iswe,Recomaxodmion,Analysis,funding Source,Ahemati-e Actions,Auachmcnt3: STATEMENT OF ISSUE: On May 3 , 1993 , the City Council authorized a call for bids for the Golden West Street Widening, Phase II, at Pacific Coast Highway. RECOMMENDED ACTION: 1 . Reject all bids; and 2 . Direct staff to revise plans, specifications, and estimate and authorize a new call for bids for PHASE II, GOLDEN WEST STREET WIDENING AT PACIFIC COAST HIGHWAY; CC-575. ANALYSIS: On April 3 , 1989 , City Council approved the selection of an engineering firm to prepare construction drawings and specifications For the improvement of Golden West Street, from Pacific Coast Highway (PCH) to Warner Avenue. The firm completed the street improvement plans in June of 1991 . Phase I of these improvements is currently under construction. Phase II consists of street improvements on Golden West from PCH to Walnut Avenue including street widening, street rehabilitation, striping, and signal modifications at PCH. The City applied for and received a 100% grant in Measure I'M" funds for this project. On June 1, 1993, staff opened bids for the subject project. only three contractors submitted bids. One contractor sent a letter expressing their concern regarding their inability to quantify potential oil line abandonment or relocation. - LO Staff also discovered an error in the quantities for excavation and asphalt concrete overlay. The correct quantities exceeded the old quantities by more than 25 percent. When this happens, the contract allows the negotiation of (possibly higher) unit prices. Bids are listed below as follows: Contractor Bid Amount Hillcrest Contracting, Inc. $251,467. 20 Griffith Company $282 , 516. 30 Shawnan Corporation $373 , 581. 00 The Engineer's Estimate was $270, 000. Orange County Transportation Authority authorized the extension of the award deadline in order to rebid the project. ENVIRONMENTAL STATUS: The Planning Commission approved a Negative Declaration for the project in December, 1988 . This fulfilled the environmental requirements pursuant to the California Environmental Quality Act. FUNDING SOURCE: Sufficient funds are available in County Measure "M" Funds as approved in FY 1992-1993 budget. ALTERNATIVE ACTION: Award the bid to the lowest bidder. ATTACHMENTS• Project Location Map MTU:LFS:REE:dk Nc- -R-0 ,A AVF T- v 7. CY 3t Al R.'-9 t AV' Ar Tiy T Y':)-K-,;Wh A,T 4c PROJECT ��� T A V A%.rL -;AV, LOCATION: z At1,'4fA Ar z Amil-ON A,.,[ 'ANNINC AYE PROJECT: goHezol& W§affMfiWjg AZ17 Cl-Y OF 14-JNTlN(--TO'\ CI-4 Z)EPAZ2—M—=-*,,T OF PLE]LIC VfC 3EAZ1K-C, VICINITY MAP KECEiVEG CITY CLERx, 1T1' •OF HUNTIPIGT(h er►i, UALIF. �L m Jut 2S 2 of m J � • Li C3A. O c L3 CO e V S ^� Bid bonds received by Treasurer's office 4"- 11"E: Tuesday; June 1, 1993 2:00 p.m. Date NGINTIER'S ESTRtNTE. 28OK PROJECT Ez.'GINEER: Eric Charlonne 03 TITLE AND CC NUIBER: GOLDEN 1%= AT P01; CC-575II 1. All American Asphalt ?. B C I ff a. B and D Construction I 4. Baxter-Griffin S. Boral Resources 6. D B L Construction Corporation 7. E C Construction S. Econolite _9 Excel Paving 14. Griffith A 9-R. 11. Hillcrest Construction a"�.r� �' � ?. a;ko 12 L and W Engineering 13. Lambaren Contractors 11. Land R Electric I-). Los Angeles Engineering 'G. McCain Traffic Supply k 1-. Ma rina i 13. New Earth 9. R J 'noble � 'D. Paladin Construction 1 . S and M Landscave I 'Z Shawnan Corporation .S/ �3. Silvia Construction '-a Steinv and Comowxv _ _'_a_ Sully-Ri.11er WFE: "ruesda , June 1, 1993 2:00 .m. _ti{;INEFR'S ESTIALATE: 280h PRCUI;CT ENGINEER: Eric {harlonne fOB TITLE NND CC N-U IBER: GOLDIN I%T-ST AT PCH; CC-S7SII 1. All American As halt B C I 1 3. B and D Construction 4. Baxter-Griffin I 5. Boral Resources 6. D S L Construction Corporation 7. F C Construction k 8_ Econolite k 9. Excel Paving_ � 30 10. Griffith 11. Hillcrest Construction Z�j/ G/b 2 12. L and Its' Engineering 13. Lambaren Contractors 14. Land R Electric 5 15. _ Los Angeles Engineering - - - - - — — — 16. McCain Traffic Supply 1I !Marina j 18. New Earth 19. R J Noble 20. Paladin Construction 21. S and M-Lan�L-scape_ 22. Shak'nan-Corporation _ 373 S 23. Silvia Construction 24. Steinv"and Cor 2a. Sully-Miller -- Sully-Miller Contracting CcnVany •r y BID PROPOSAL. ' Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice Inviting sealed proposals for the widening and resurfacing of Colden West Street at Pacific Coast Highway. CC--575 (Phase II) l hereby propose and agree to enter Into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of Bald City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by—laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor,.materials and equipment, and or all incidental work necessary to deliver all the Improvements complete In place In strict conformity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, i propose and agree to take full payment therefore at the following unit prices; to wit: ITEM APPROXIMATE ITEM WITH. UNIT PRICE - UNIT NO. QUANTITY' WRITTEN IN WORDS PRICE TOTAL 1. Lump Sum Mobilization for fixed stag not o exceed $11,500 or for per lump sum.. . 2. Lump Sum Traffic control plan prepared by a Traffic Engineer and approved by the l Cit Traffic Nineqr couplete for r lump sum 3. Lump Sum Locate existing, underground conduit i and facilities areas pf new con truc tion for - A per lung sum. P-1 ITEM A"ROXIMATE ITEM VATH UNIT PRICII UNIT TOTAL NO. OLIANTITY WRITTEN IN Im"06 IPRICrc 4. Ltz p Sum Clearing and grubbing for 2214 j rjl r lump sum. �►a �� � 5. 11100 C.Y. Unclassified excavation for dd c is yard. �b •S� �d ,3 �f, 6. 3,325 S.F. Cold planing for 63 S r square foot. 7. 420 Tons Asphalt concrete/28 latex finish course in place for / r ton. 8. 950 Tons Asphalt concrete base course in place for r ton. 9. 2,800 S.Y. Heater remix for per square yard. 10. 720 L.F. Type "A2" curb and gutter in place for Q f U gj/4Zj:::ZpiFr linear foot. S� /� •00 11. 5,650 S.F. PX sidewalk in place for 70 CO' per square foot. 12. 184 S.F. PM driveway/alley apron in place for ` ALli�,�Per square foot. 13.. 3,000 S.F. Masonry retaining wall in place forLU&a==Ve r square foot. p -2- ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT TOTAL NO. DUANTITY WRITTEN IN WORM rR14;9 14*. Lump Sum Modify traffic signal at Pac'fic Coas Hwy complete and in place for. L 7 r lump sum. 15. 'Lump Sum Install traffic signal interconnect system c lete and in place for �z�Ly;�} 22�b� r lump sum. 16. Lump Sum Sidewalk culvert in place for per lump sum. .- � '� )600' 17. Lump Sum Safety watch services for &dad,,.�er lump sum. ��d�'� 3V& 18. 50 L.F. Construct 24" (2200 D) RCP for / r linear foot. 19. 25 L.F. Construct 18" (2200 D) RCP for 'J r linear foot. 70 -06 20•. 1 Each Construct catch basin (301) and local depression (302) .for �Nvl0 r each. 21. 1 Each Construct inlet-type• "OL" (D72) and local depression (D78) for• r each. 3�'v0 I`� �1 hJA LLj:� � 22. Install street light cooVeDviT and wires for • �M SUM .sue �/5 0A zI1S0'CC 23.. 10 Each Install wood bollards for each. p -3- ITEM .ARROXWiATE ITEM MRT14 UNIT PRICE UNIT TOTAL MO. GUAhMTV WRITTENIMVM 011 arRICaF 24. Lump Sum bandon existing fire hydrant per 613 and construct new per 607 for �oa r lump sum. 7 25. 7 Each just vale to grade for r each. 26. 3 Each Adjust manhole to grade for _ _ -- ��4,1� 5t� •bo r each. 27. 2 Each Construct wheel chair rMp per a icab standard for - r each. 28. Lump Stun Modify median noses per Ian for 1 r lump slml. 3CTAL (In Words) LJD JJ0AJDfJ FIVE �5,�584•� S" 106 i p -4- ' r Stlaui d,-Unit Prices The following Items along with their unit prices are the unit prices the City will pay for as *Extra Work' related. costs.. Thars :ls no anticipated quantity for any of these Items and the ,,. Contractor by executing this proposal accepts these unit prices and conditions. STIPULAT ITEM APPROXIMATE ED UNIT NO. QUANTITY DESCRIPTION PRICE TOTAL �- Not 2' PVC (Sch.80) Conduit In-Place $7.00 per Not A• Applicable Unear Appli- Foot cable Not 1-1/r PVC (Sch.80) Conduit S6.00 per Not B. Applicable In Place Linear Appll- Foot cable Not Type Detector Loop Cable In Place $1.25 per Not C. Applicable Unasr Appil- �. Foot cable -- 9578-LDL-1 D825-Spec. P-S Ucensed In accordance with an act providing for the registration of contract Ucense No. 1538 & B _ C-27 Sully Miller Contracting Company Dale A. LIVe ASSISran-Cy Signature of Bidder Business Address 6145 Santiago Canyon Road Place of Residence Orange, California 92669 Dated this 26th day of July 9 19 93 Bidder shad signify receipt of all Addends here. If any: Addendum No. Date Recehred B1dd_es Signature r 9678-UDL:10625-spec. P-6 ••- It Is understood and agreed that the approximate quantities shown In the foregoing proposal schedule are solely for the purpose of facilitating the comparison of bids and that the aantrsct Wa aompensado n will be computed upon the basis of the actual quantities In the completed work, whether they be more or less than those shown herein at the unit prices bid in the proposal schedule. _ The undersigned understands the contract time limit allotted for the contract Is 90 colander days. Including 60 days for the plant establishment period. If awarded the contract. the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award - -of said contract, and to begin work within ton (10) days from the date of approval of the contract by the City of Huntington Beach, California. ` The undersigned has examined carefully the site of the work �- contomplated, the piano and spociflcadons, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the .bidder has investigated and Is sstisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. Accompanying this proposal is ,Bidder's Bond" ($ 10% _ 1. NOTICE: Insert the words *Cask* 'Certified Check," or "Bidder's Bond; as the ease may be, In an amount equal to at �- lead 10 percent of the total bid price, payable to the City of Huntington Beach. The undersigned deposits the above named security as a proposw guaranty and agrees that it shall be forfeited to the City of Huntington Beach as liquidated damages in case this proposal Is accepted by the City and the undersigned shall fall to execute a contract for doing said work and to 4 furnish good and sufficlent 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 rstumed to the undersigned. 9678-ML-10625-Spec p- 7 PROPOSED INFORMATION REQUIRED OF BIDDER Bidder is required to supply the following information: Additional sheets may be attached if necessary. Firm Name: Sully-Miller Contracting Ccupany �. - 2. Address: 6145 Santia o Canyon Road Orange, California 92669 3. Telephone: 714/639-1400 4. Type of firm-individual, partnership, or corporation: CorEoration 5. Corporation organized under the laws of the State of: California 6. Contractor's License Number: 1538 A s a C-27 Y Expiration Date: February 28, 1 (NOTE: REPRESENTATIONS MADE THEREIN ARE MADE UNDER PENALTY OF PERJURY) 7. Last the names and addresses of all members of the firm or names and titles of all officers of the corporation: (PLEASE SEC ATPAICEED) • 8. Number of years experience as a contractor in construction work: 70 years .9. List at least six projects completed as of recent date: (PLEME SEE AgTACHED) CONTRACT CLASS OF DATE NAME, ADDRESS & PHONE AMOUNT WORK COLLETED NUMBER OF OWNER 9678-LDL-10625-Spec. P-q 10. List the name of the person who inspected the site of the proposed work for your firm: Karim Massoud - Estimtor Date of Inspection: July 23, 1993 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. 9678-LDL-10625-Spec. p- 10 SULLY-MILLER CONTRACTING COMPANY CERTIFIED RESOLUTION I , the undersigned Assistant Secretary of Sully-Miller Contracting Company, a California corporation ( the "Company" ) , DO HEREBY CERTIFY that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on September 10 , 1990, and that this resolution has not been in anywise rescinded, annulled, or revoked but the same is still in full force and effect : (AUTHORITY TO EXECUTE BIDS AND CONTRACTS ) RESOLVED, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Company under its corporate seal any and all proposals for the sale of products , merchandise and services of this Company and any bids and performance bonds required in connection therewith, involving an amount or value not in excess of ten million dollars ( $10 million) in any one instance to the United States , any of the States , territories and dependencies of the United States , the District of Columbia , cities , towns , townships , counties , school districts , and to the departments , political subdivisions , agencies or wholly-owned corporations thereof , or to any other person . WITNESS My HAND AND THE SE.-IL OF THE COMPANY this 25th day of February , 1992 Jer Afines As a Secretary [ S E A 1-i S M C C - 3 : D \ d 3 \ c a r t r e s o SULLY-MILLER CONTRACTING COMPANY' (a California corporation) Incorporated May 21, 1923 Shareholder: Beazer west, Inc. ID# 95-1274390 QUALIFIED TO DO BUSINESS IN THE FOLLOWING STATES: Arizona 4-04-73 New Mexico 6(-08-73 Colarado 6-07-72 Texas 10-15-91 Nevada 3-13-73 Wyoming 6-08-73 SHARES SHARES ISSUED STOCK PAR VALUE AUTHORIZED & OUTSTANDING Common Stock None 150, 000 109,222 ANNUAL MEETINGS;_ Shareholder: Third Wednesday of November SOD: Designated by the Board FISCAL YEAR Saturday nearest end September - DIRECTORS (*) & OFFICERS * John H. Wimberly Chairman of the Board & Chief Executive Officer * George H. Hempstead, III R. Bruce Rieser President & Regional Vice President Robert E. Holland Vice President & General Manager Contracting Division Earl G. Anderson, Jr. Vice President Engineering David R. Hummel Vice President & General Manager, Livingston-Graham and Blue Diamond Materials William J. Pauro Director-Sales/Marketing, Livingston--Graham Division; Assistant Secretary James G. Coury Director-Sales/Marketing, Blue Diamond Division Jill M. Blundon Vice President, General Counsel & Secretary Robert E. Lee Vice President Robert M. Brier Treasurer Stanley E. Hill Regional Controller Carol A. Smith Division Controller Livingston- Graham/Blue Diamond Steven C. Barre Assistant Secretary Jerry D. Blair Assistant Secretary John D. Clemente Assistant Secretary Sally M. Karanzas Assistant Secretary Gene F. Liter Assistant Secretary Dale A. Lowe Assistant Secretary George M. Lubanko Assistant Secretary Christine F. Wubbolding assistant Treasurer Revised June 1, 1993 General Counsel SULLY-HILLER CONTRACTING COMPANY PROJECT EXPERIENCE ORANGR CONSTRUCTION DIVISION EM TYPE OF_310R% VALUE OF WOR% 1990 New Infrastructure 7,311 .887 Jamboree Road City of Tustin N/0 Tustin Ranch Rd. New Infrastructure 5,819,292 Barranca Parkway City of Irvine & Bridge E/O Sand Canyon New Roadways 3,606.020 Santiago Canyon Road City of Orange & Newport Blvd. New Roadways 3,392,912 Irvine Blvd. @ Lambert Orange County (EMA ) Roadway Improvements 1 ,383, 675 Ball Road WIO Gilbert City of Anaheim Roadway Widening 746,002 Ball , Moody, Denni Cypress Homes & Orange New Roadways 1,312, 918 Bake Pkwy & Lake Forest William Lyon Company New Roadways 980.524 Bond & Charter The Irvine Company 1991 Street Improvements 767 ,201 La Paz & Pacific Park A.J. Padelford New Roadways 1 ,025, 153 Avocado. Newport Beach The Irvine Company New Infrastructure 1,544,725 Wood Canyon Mission Viejo Company New infrastructure 1,031 , 158 Pacific Park Drive Mission Viejo Company New Roadways 880,975 Bake & Trabuco Pacific Commerce Partnership New Infrastructure 1,804 . 217 Pacific Commerce Ctr. Los Alisos Development Increment 04 Street Improvement 536,740 Var. Railroad Crossings City of Chino Asphalt Patching 970,000 Var. O. C. Locations Roy Allen Slurry Seal Street Reconstruction 999, 11-8 Red Hill Avenue City of Irvine New Roadways 2, 628, 494 Pacific Park, Chase & Mission Viejo Company Sandbourne 1992 Street Improvements 5,400,000 Victoria Street City of Costa Mesa New Roadways 8,000, 00 Bake & Trabuco Pacific Commerce Partnership Street Improvements 410,Ob0 Sand Canyon Irvine Industrial Company New Roadways 550,000 4th St. & Cabrillo Park Zerox Center Partners New Roadways 380,000 Mesa Road UCI-Irvine New Roadways 851 ,000 Richfield Road Texaco Company New Roadways 765,000 Ball Road & Moody Cypress Homes New Roadways 1,440,000 i Oso Parkway Orange County (EMA) New Roadways 350,000 La Mirada Blvd. A-M Homes 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 SUBCONTRJLCTOR In compliance with the "Subletting and Subcontracting Fair Practices Act" being Section 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one--half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each portion shall be listed. .r If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting of subcontracting of any portion of the work to which �- no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the .� Legislative Body of the owner. PORTION SUBCONTRACTOR'S NAME STATE LICENSE EXPIRE " OF WORK AND ADDRESS NUMBER CLASS DATE 'ate I � (k) AAA 1AL LZ1 5.3s vo 9A� Aab 4 M H4 C�tocE� r�77E4_s6 N COIN& ti 1 L6 By submission of this proposal, the contractor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above subcontractor listing. 2. That the City will be furnished copies of all subcontracts �- entered into and bonds furnished by subcontractor for this project. 9678-LDL-10625-Spec. P- II NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Dale A. Lowe ------------ , being first duly sworn, deposes and says: 1. That he or AM is Assist. Secretary of Sully-Miller Contr. CO. the party making the foregoing 2. That the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organisation, 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, organisation, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury, under the lava of the State of California, that the foregoing is true and correct. Dale A. L4 Assistant Secretary ATTACH APPROPRIATE CERTIFICATION OF NOTARY PUBLIC HERE. 9678—LDL-10625-Spec. CityJ 7<<- :;• HUNTIMST �, :, . CALIF. j i. a• I JUL 6 i a ►M '93 `i ,' ',•�. .f of }�.;:�"• " �,r• 4 I 1 I ' SULLY -MILLER SEAM BID 6145 SANIIA00 CANYON ROAD ORANMCA 92W M: CITY OF MMrDV C N BMCH CITY CIM, SEKM F=R, CITY HALL ! 2000 MAIN STREE'P, H[RMNGTCN BEACH, CA 92648 j Bid Date: July 26, 1993 - 2:00 PM Bid Proj: WIDENING AND MUFTACING OF GOUDEN VEST STREET' AT PACIFIC COAST HIGHWAY IN THE CITY OF HUNT11 QION BEACH, CA (CC-575) (PHASE II) RECEIVED CITY CLERK CITY OF HUNTRiCUN ;t,M CALIF. .hum I 2 oa PH `93 CDr.- Est U 00 Z i knr + ': y�iowINOH ALL-PURPOSE ACKNOWLEDGMENT No State of CALYFT)RNxA CAPACITY CLAIMED BY SIGNER County of ORANGE Notary Public ❑NDNOLWS)SK.N 'i FOR OWSF rfnKMSt LIA5 On July 26, 1993.before me, Alice M• English (name, title of officer), 1r ASSIST. SECRETARY personally appeared Dale A. Lowe ---------------------------_ M CWFC*wsi 1nLL;5; $j personally known to me--4R--0 to SULLY-MILLER tOOt�'M. CO.� be the person(sl whose name(Al is)"subscribed to the within instrument and acknowl- UWµ' edged to me that he/s executed the same in his/Fi�authorized capacity,and U--vs a,w r*ns}w that by his/ttOOMr signature)on the instrument the persontf,or the entity upon behalf of MJ rU which the personO) acted, executed the } instrument ,atrsrFus� WITNESS my hand and official seal. AUCE M EI`*L Si Nnlory pu:He—CofiroRda C,V.NGE COUNTY tiny corri n. Fr,pfo3 OCT 71. 1996 [ — I n /J �' � �� [R•ISr�E 51 HF FNESEN'FD [Mr:!Y�(51 ik rva51 N�FD Signature p NAl RJkAL NUTAi W A;i;'.U(..W RJM•tCCU F icnmul Ant•F'U Qw 71lN•f-Mcf(i+dux.G 9�JDd l�W I STATE OF CAUFORNIA 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 PUBLIC NOTICE No bad shah be consid- Interested in the below entitled matter. I am a ered unless rt is made on a principal clerk of the HUNTiNGTON BEACH NOTICEINGBIDS lam fungton by the d is INVITING 91t)S of Huntington Beach and�s INDEPENDENT, a newspaper of general CC-573(Phase 11) made in accordance with 9 Notice is hereby given the provisions of the pro- that sealed bids will be re-' posal requirements. circulation, printed and published in the City of ' Each bidder must be r- cerved by the Gry of Hun-! tensed and also prequaia- Huntington Beach County of Orange State of of t e Beach, a the office' lied as required law. r a} the City Cleric at Gry q � Hal;, 2000 Main Street, The City COunt?I of the California, and that attached Notice is a true and Huntington Beach, Caldor• City of Hurninglon Beach 1, nia, until the hour of 2:00 reserves the right to reject complete � as w s anted and published to p-m, on June 1, 1993. at any Or all bids. p �� which time they will be By order of the City Cour} the Huntington Beach and Fountain Valle opened publicly and read CLI 01 the City of Huntington y aloud in the Councd Cham- Beach, California. the 3rd bens, for the Golden West day of May,1993. ESSUEs 0 said news^ .`air+to wit the issue(s) of: Widening at Pacific Coast Connie Brockway Highway in the City of Hun- _ City Clark of the City tington Beach. of Huntington Beach A set of flans. Specifica-1 Published Huntington, tions, and other contract Beach-Fountain Valley In• docurnents may be otr dependent May t3.20, 27,+ tained on May 4, 1993• at the Department of Public 1993- works. 2000 Main Simel. 052482 Huntington Beach, Califor- nia, upon receipt of a nor- refundable fee of $15-00 ($17.00 if mailed)- Each bid shall be made on the Proposal Form and in the manner provided in the Contract documents, and shall to accompanied by a certified or cashiers check or a bid bond for not less than 10% of the amount of the bid, made payable to the Cittyy of Hun- tinglon Bead+. %e Con. tractor shall, in the -per- formance of the work and improvements. Conform to the Labor Code of the Stato of Caldornia and other laws of the State of California. applicable I declare, under penalty of penury, that the thereof with the eons that only of such variations that foregoing i$true and correct may be required under the special statutes pursuant to which proceedings hereun- der are taken and which Mav 27 have not been superseded Executed on QQ by the provisions of the Labor Code. Preference to at Costa a, Cafifomia labor shall be given orgy in' the manner provided by law- ignature PROOF OF PUBLICATION -5113 ..S/�o -/- -5�� 7 NOTICE INVITING BIDS CC-575 (Phase 11) Notice is hereby given that sealed bids will be received by the City of Huntington Beach, at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on June 1, 1993, at which time they will be opened publicly and read aloud in the Council Chambers, for the Golden West Widening at Pacific Coast Highway in the City of Huntington Beach. A set of Plans, Specifications, and other contract documents may be obtained on May 4, 1993, at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $15.00 ($17.00 if mailed). Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California, the 3rd day of May, 1993. Connie Brockway _ City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 3408g/l6 REQUEST FOR CITY COUNCIL ACTION Date May 3, 1993 Honorable Mayor and City Council CITY COUNG1L Submitted to: OVED 13Y Submitted by: Michael T. Uberuaga, City Administrator 19V pa y. 'AC•L�ou s F. Sandoval, Director of Public Works ct- Pre red b �T' PHASE U OF GOLDEN WEST STREET WID I COAST Subject: HIGHWAY; CC-575 Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments. STATEMENT OF ISSUE: Plans and Specifications for Phase II of the Golden West Street Improvements (street widening and pavement rehabilitation) have been completed. RECOMMENDED ACTION: I. Approve the Plans and Specifications and authorize the Director of Public Works to solicit bids for construction, and 2. Approve the attached sample contract, subject to award of the construction to the lowest responsible bidder for Phase II of Golden West Street Improvements at Pacific Coast Highway; CC-575. ANALYSIS: The Planning Commission approved a Negative Declaration for the project in December, 1988. This fulfilled the environmental requirements pursuant to the California ;;nvironmental Quality Act. On April 3, 1989, the City Council approved the selection of an engineering firm to prepare construction drawings and specifications for the improvement of Golden West Street, from Pacific Coast Highway (PCH) to Warner Avenue. The firm completed the street improvements plans in June of 1991. Phase I of these improvements is currently under construction. Phase II consists of street improvements on Golden West Street from Pacific Coast Highway to Walnut Avenue including street widening, street rehabilitation, striping, and signal modifications at Pacific Coast Highway. The City applied for and received $280,774.65 in Measure "M" funds for this project. FUNDING SOURCE: County Measure "M" funds of $280,774.65. r vl Pk0 5/85 RCA: CC--575, Phase II May 3, 1993 Page two ALTERNATIVE ACTION: Deny this request and return Measure "M" funds to the Orange County Transportation Authority. ATTACHMENTS: 1. Vicinity Map 2. Sample Contract MTU:LFS:AAF:gd 3408g/I S&19 7 %co )m u R -Sa lR�()S■ i lap[YMO Io-me \ \ t walr`�R xLRYIR SWIR 7a:R!It RuS o l � t GaRIKIO _ t /•ORciOw,i ADAMS r 3 'iY�aNA*Ol,l i,. it '�WIMRTOM I 14NMRy6 I! PROJECT LOCATION i VICINITY MAP CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE WIDENING, RESURFACING, CONSTRUCTION AND LANDSCAPING OF MEDIANS, CONSTRUCTION OF SEWERS AND WATER MAINS ON GOLDEN WEST STREET AT PACIFIC COAST HIGHWAY (CC-575 , PHASE II ) THIS AGREEMENT is made and entered into on this ._ day of 1990 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and , a hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project , hereinafter referred to as "PROJECT, " more fully described as the widening, resurfacing, construction and landscaping of medians , construction of sewers and water mains on Golden west Street at Pacific Coast Highway (CC-575 , Phase II) ; 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 : I . 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 . 207 : 2/93 :AJFk 1 S A M P L E CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements , from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including , but not limited 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 . ACCEPTANQE OF CONDITIONS a 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. 207 : 2l93 :AJFk 2 S A M P L E It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors , if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include: A. This Agreement ; B . Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and special contractual provisions , including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions , amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public works Construction, published by Builder ' s News , Inc . , 3055 Overland Avenue, Los Angeles , California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; F. The particular plans, specifications , special provisions and addenda applicable to the PROJECT. Anything 207 : 2/93 :AJFk 3 S A M P L E mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications , shall be of like effect as if: indicated and mentioned in both . In case of discrepancy between any plans , specifications , special provisions , or addenda , the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW" ) , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and .expense . Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement , subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents , a sum not to exceed ($ ) , as set forth in the Contract Documents , to be paid as provided in this . Agreement . 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten ( 10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within _ ( } consecutive calendar days from the day the "Notice to 207 : 2/93 :AJFk 4 S A M P L E Proceed" is issued by Department of Public Works , excluding delays provided for in this Agreement . 5 . TIME__QE THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings , details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement . CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general , all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. 207 : 2/93 :AJFk 5 S A M P L E CONTRACTOR agrees to make any and all changes , furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change . Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will, promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 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. 207 : 2/93 :AJFk 6 S. A M P L E 8 . BONDS 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 . WARRANTIE The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed . CONTRACTOR, within ten ( 10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR ' S risk and expense . 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 207 : 2/93 :AJFk 7 S A M P L E 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 Dollars ($ ) 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 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 207 : 2/93 :AJFk 8 S A M P L E control and without the fault or negligence of CONTRACTOR , including , but not restricted to, acts of God or of the public enemy, fire, floods , epidemics , quarantine restrictions , strikes , unsuitable weather , or delays of subcontractors due to such causes . CONTRACTOR shall , within fifteen ( 15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) , notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if , in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto . Should CONTRACTOR be delayed in the prosecution or completion of the work by the act , neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers , in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. 247 : 2/93 :AJFk 9 S A M P L E No claims for additional compensation or damages for delays , irrespective of the cause thereof , and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors , will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR . 12 . DIFFERING SITE CONDITIONS ( 1) Noj_iQ_Q 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 requited hereunder, provided, however, the time prescribed therefor may be extended by CITY. 207 : 2/93 :AJFk 10 S A M P L E 13 . VARIATION,5___IN E TIMATEO OUANTITIES 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 . 207 : 2/93 :AJFk 11 S A M P L E 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 EQNDS, 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 . 207 : 2/93 :AJFk 12 S A M P L E 16 . AFFIDAVIT_$__QF....$ATI FA TIQN OF CLAM After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material , except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17 . WAIVER OF_ CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 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 207 : 2/93 :AJFk 13 S A M P L E 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 Lo the QalifQ_rnia Labor Code Section 1861 , CONTRACTOR acknowledges awareness of Section 3700 et seq . of said code, which requires every employer to be insured against liability for workers ' compensation; CONTRACTOR covenants that it will comply with 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 207 : 2/93 :AJFk 14 S A M P L E insurance , including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability . Said insurance shall also include automotive bodily injury and property damage liability insurance . All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations , subcontract work, contractual obligations , product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers , agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement , in an amount of not less than One Million Dollars ($1, 000, 000) combined single limit coverage . If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . 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 ENDQRSEMENT 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 ; 207 : 2/93 :AdFk 15 S A M P L E 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 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 207 : 2/93 :AJFk 16 S A M P L E 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 . DI5PQ5ITION OF LAN ESTIMATES AND OTHER DOCUMENTa CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans , specifications, drawings, reports , calculations , maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . ITY EMPLOY E AND QFFICIALS 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. 207 : 2/93 :AJFk 17 S A M P L E 26 . $.TOP NOTICES ; REC RY OF ADMINI_�.TRATIVG CASTS 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 the immigration and naturalization laws of the United States and shall , in particular, comply with the provisions of 8 U.. S_&, § 1324a regarding employment verification. 28 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party . 29 . CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the 207 : 2/93 :AJFk 18 S A M P L E interpretation, construction or meaning of the provisions of this Agreement . 30 . L_ EGAL_ ERV,ICES SQBCONTRA TI NG PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor cork 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 S 309 , the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31 . ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written . CONTRACTOR: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney EKED AND AP OVE : I�7NIITTIATED AND APPROVED: City ministrator Director of Public Works 207 : 2/93 :AJFk 19 S A M P L E