HomeMy WebLinkAboutSULLY-MILLER CONTRACTING COMPANY - 1992-10-19 I F I/U41Nd4y l!.a cupAX 1 816 907 5682 , ----
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BVNNhVJ LL K&cRAMR Copp IQa UUSi uUS
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Release ol Stop Notice
TO- City of Huntington Beach
Construction Lender for pa y u9th whom Stop oNce um f e
2000 Main Street, Huntington Be ch, CA 92648
Addrem)
You are hereby notified that the undersigned cl1 imant releases that certain Stop Notice
da►ems March 9, 1993 I in the amount of _44.062 R.23
Mainsr Ci-ty of Hu of 1 n ton Beach as owner or public body and
3 u l l -M i l l er Contracting Company as prime contractor
in conve•c,. 10,14 work of improvement know as CC-g 15 Gar fie e Id to stew 1 and ;rest
Resurfacing
to the k 4unti ngton Beach County of� Qranae
State of
Date_ f+x?` X?o.r �
Name of Clai nant COPP CONTRACT I NG . I NC
(Firm Name)
APPROVED AS TO FORI[a y
GAIL HUTTON
CITY T Dennis Cope. President _
(Oficial capacity)
gy,
Depu y Cit�yA t
Y CATION
N
I, the undersigned, state, I am the r
("Agent or',"FreBU."t a("."A PoMAer of"," T O sic)
the claimant >nttmed In the foregoing Release, I ,lave read said Release of Stop Notice and know the contents
thereof, and I certify that the same is true of my own knowledge.
I certify(oi declare)under penalty of perjury der the laws of the State of California that the foregoing is true
and correct.
Executed`nn ov 6 r , 19 95 , , at-- Wbti l
State of CAI i forn i a
(� (srgmeu'o1 C!a dhvrtsed AgeM}
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SULLY AMLER CONTRACTING CO.
LP4NG TON GRAHAM
PHONE 818 856-6700
To: FAX TRANSMITTAL
Cam a n
Fax No.
( your immediate attention requested
Reply after your review
( ) Request that you phone upon receipt
( } For your information only
From:-
Fax No. /
Date:_/ ,fir ? To al pages including cover sheet
Z, _'
HB CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
TO: DOUG STACK, Engineering
FROM: ART FOLGER, Deputy City Attorney
DATE: November 19, 1993
SUBJECT: RLS 93-774 letter of Attorney Bonneville (CC-815)
I have reviewed Attorney Bonneville's letter of November 4, 1993. He is correct. Please
releas the withheld funds minus the $4,062.23.
ART FOL ER
Deputy City Attorney
/k
6/memo/930774
r0 i
e
BONNEVILLE & CRAMER
ATTOPNEYS AT LAW
G' 4-ISS '>. BON\=VILLA COAST S4VINGS S-;!LGING AREA COCE 818
MICHAEL CRAM --'_EAH-CN= 967-C627
I00 \p R7ti C:T RUS AJ=NU=. SUITE -�.
FAX a�7-5682
WE-5T COVINA. CAUFOKh1A 91791-:693
November 4, 1993
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Re: Improvement known as CC-815 Garfield to Newland Street
Resurfacing
Gentlemen:
I represent Sully-Miller Contracting Company. It is my
understanding that Copp Contracting, Inc. has filed a stop notice
in the sum of $4,062.23 and that you are withholding $12,829 .71.
As you know, you filed a notice of completion on March 26, 1993.
Any action to enforce the stop notice would have had to have been
filed no later than July 26, 1993 . Since there has been no action
filed the stop notice expires on its own account. Therefore we are
demanding that you immediately release the $12,829 .71 to my client.
In addition to that, if you were to withhold any money, you are
only entitled to withhold the $4, 062.23 and any reasonable costs
of litigation. Since there cannot be any litigation at this point
the very least that you should do is release the $8,766.48 in
excess of the amount of the stop notice. This is pursuant to CCP
3186. Therefore, we are demanding that you release the entire
balance to my client of $12,829.71.
Should you have any questions concerning this, please feel free to
give me a call.
Sincerely,
CURTISS D. BONNEVILLE
CDB/ds
Stop Notice
NOTICE TO City of Huntington Beach
116NW
2000 Main St. , Huntington Beach, Ca. 92648
Address
(public Body or Lender)
Of Public Job—file with office of controller,auditor,or other public disbursing officer whose duty it is to make payments
tinder provisiorA of the contract.)
(If Private Job — Me with responsible officer or person at office or branch of;onstruction lender administering the' .
constpuction funds)
)Qdvw Contractor' Sully-Miller Contracting Company
Sub Contractor(If Any) Copp__Contracting, Inc._
Owner or Public Body: City of Huntington Beach
Improvement known as CC-815 Garfield to Newland Street Resurfacing
(nano and address of pnVect or wank of 1mpmwount)
in the City of Huntington Beach ,County of Orange
State of California.
CORD Contracting. Inc. �� ant�a o o
(ClarmentJ (Cvrporotlon rtnerahrp Bola PrvprierorsMpl
furnished certain labor,service, equipment or materials used In the above described work of Improvement.
The name of the poison or company by whom claimant was employed or to whom claimant furnished labor,service,
etuipment or materials It Sully—Miller Sully—Miller Contracting, Comp aw
(plans;of&bdontractor Contnrato►OwnenBWlder)
The kind of labor,service,equipment or materials furnished or agreed to be furnished by claimant was, Tr f is control,
Stand-bZ time, Move-in, (these items were furnished but specifically excluded from
our contract) . Cracksealing - Reinforced Sealed Cracks.
(Dea zee In detolp
Total value of labor,unice,equipment or materials agreed to be furnished . . . . . . . . . . $ 9,212.25
Total value of labor,service,equipment or materials actually furnished is . . . . . . . . . . . S 9,212.25
Credit for materials returned,if any . . . . . . . . . . . . . . . . . . . . . . . . . . . S
Amount paid on account,if any. . . . . . . . . . . . . S 5,464.13
Amount due after deduetiq all just credits and offsets , . . . . . . . . . . S 4,062.23
YOU ARE H514111'Y NOTIVIBD to withhold sufficient monies held by you on the above doseribed project
to setisij+ claimant's demand in the amount of S 4A062..23___ , as provided in Sections 3156 thru 9214 of the
Civil Code, and in addition thereto sums sufficient to cover interest. court Costs and reasonable costs of litigauort, err
prodded by law. .
A bond OT attached.(Bond required on private jobs—not on public j(ibs.)
(tt k NO#
Date MaMarch_9, 1993
Name of f3simant CQFP _MNIUCTTNG- TWA
By r ameJ
DennisCo pi) PreWdent
VERIFICATION
I, the undersigned, state: I am the President
("Agent or, "A•esldent of". "A Partner of; "owner of'; etc.)
the claimant named in the foregoing mechanic's lien; I have road said claim of mechanic's lien and know the
contents thereof,and I certify that the same is true of my own knowledge.
I certify(or declare) under penalty_of perjury under the laws of the State of California that the foregoing
is true and correct.
Exacuted on March 9, 19 93 , at Whittier,
California.
COPP CONTRACTING, INC.
(Signature of Clamant or Aut gtn1)
Dennis W. Copp - Preside
016A FORM 4 (RAV. 1-43)
's �1
TA CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HU.%'TINGTON BEACH
To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES
Accounting & Records
Subject 10% RETENTION PAYMENT Date
CC U5
r
The conformed copy of the Notice of Completion for the above contract has been filed. The
thirty-five (35) day waiting period has elapsed or will elapse before payment is made.
Processing of the 10% retention payment is recommended so long as no stop notices or
outstanding invoices are on file with the City.
AN T. VI LELLA
Director of Finance
_A_pending-Stop T
wi-1-1 h-p- retained until the Stop Netiee-lk-s been -r--
Date:
L UI . S NDOVAL
Public Wor s Director
I certify that no stop notices are on file on the subject contract and that a guaranty bond
has been filed.
4
Date: ?3
CONNIE BROCKWAY
City Clerk
I certify that there are no outstanding invoices on file.
Date:
DONALD WATSON
City Treasurer
0574J
g
I have received Maintenance Bond
for _Sulam Miller Contracting Co. , Street Improvements, GArfield Ave. btwn Beach
Blvd. and Newland St. , CC--815..
on behalf of the Treasurer's Office.
Dated ,f 3
By: ��/�
SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK, N. Y.
BOND NO. 263314-92
MAINTENANCE BOND
KNC1•: ALL MEN BY THESE PRESENTS:
Titiat we, SULLY MILLER CONTRACTING COMPANY
hereinafter called the Principal, and SEABOARD SURETY COMPANY, a New York
corporation, with principal office at hew York, New York, hereinafter
called the Surety, are firmly bound unto the CITY OF HUNTINGTON BEACH
------------------------------ in the lull and just sum of ONE HUNDRED
TWENTY EIGHT THOUSAND TWO HUNDRED NINETY SEVEN 11/1OLLNRS ( 128,297.11 ),
lawful money of the United States of America, to be paid to the said
CITY OF HUNTINGTON BEACH
to ::hick payment well and
truly to be made, we bind ourselves, our heirs executors, administrators,
and successors, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 3rd day of MARCH ,19 91
tVHEREAS, the above-bounded Principal entered into a contract with
the CITY OF HUNTINGTON BEACH dated 10-14-92
for STREET RESURFACING OF GARFIELD AVE FROM BEACH BLVD TO NEWLAND ST (AHFP 1308)
IN THE CITY OF H1iNTINGTON BEACH, CA CC-815
NOW, THEREFORE, the condition of this obligation is such that if
the above-bounded Principal shall remedy without cost to the said
_DtTv (]FTHTipILL GTpl__g ArjL _ ___any defects :which may develop during
a period of one (1) year from the date of completion and acceptance of the
work performed under said contract provided such defects are caused by de-
fective or inferior naterials or workmanship, then this obligation shall be
void; otherwise it shall be and remain in full farce and effect.
IN WITNESS WHEREOF, the said Principal and Surety have duly exe-
cuted this bond under seal the day and year above written.
ATTE PRINCIPAL: S LY MILLER CONTRACTING COMPANI
UABY:
Robert E. Hollso Vice Pry AN: Dale A. Loyf, Assistant Secretary
SEABOARD SURETY CON,PANYY(�
BY: _
KATHY R. MAI TTOR:;EY-IN-FACT
i
I
- t '
-
Certified Copy SEASARD SURETY C011l WIff
Nd 11439 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 ( (instituted and appointed and by these presents does make, constitute and appoint Paul C. Hughes or
Irene Lau or Kathy R. Mair
of Costa Mesa, California
its true arid lawful Attorney-in-Fact,to make,execute and deliver on Its behalf insurance policies,surety bonds,undertakings and
other instruments of similar nature as follows, Limited to the amount of FIVE MILLION
($5 ,000 ,000 . 00) DOLLARS
Such Insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal, and all the acts of said Attorney-in-Fact, pursuant to the authority
hereby given are hereby ratified and confirmed
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect
ARTICI L VII SECTION 1
Policies bonds,recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto
In5Ufar1(t policies bonds recognizances stipulations consentsof suretyand underwriting undertakingsof theCompany and releases agreementsand other
writings ri lating in any way thereto or to any claim or loss thereunder shall be signed in the name and on behalf of the Company
i+i by tht Chairman of the Board the President a Vice-President or a Resident Vice-President and by the Secretary an Assistant Secretary a Resident
St Lri-101 7 t,r a Rc,ident Assistant Secretary or(b)by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Boaid ttit
PiLsidt w ui a Vice President to make such signature or(c)by such other officers or representatives as the Board may from time to time deterrnint
Trit 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 4th
day of November 19 92
`�� Attest SEAB ARD RET CO P NY,
1921 '
( )N. B V
\�F`r^t Nv Seal Ass, ecretary Vice President
STATE OF NEW JERSEY ss
COUNTY OF SOMERSET
On this 4th day of November 19 92 before me per ovally appeared
Michael B. Keegan a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of 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 affixed by order of the Board of Directors of said Company,and that he sl his name thereto as Vice-President of
said Company by like authority
�5• LINDA SMETHERS
(Seal) �' `.r� NOTARY PUBLIC OF NEW JERSEY
0,
My Commrssion Expire DpF� 6 196 Notary Public
-E T' I F C A
I the unde ` ss,stant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is
a hill true and correct copy is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII Section 1 of the By Laws of
SEABOARD SURETY COMPANY
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executivt Committee of tltt 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 ,n the name and on behalf of the Company surety bonds underwriting undertakings or oth(i
instruments described ,n said Article VII Section 1, with like effect as,f such seal and such signature had been manually affixed and inade hereby is
authorized and approved
IN WITNESS WHEREOF, I have
h reunto set my hand- qL gffixed the corporate seal of tf Company to these presents this
day of CH , 19
!Y 1927 �-
\v'� Assistant Secretary
Form 957(Rev 7 84)
Foi verification of the authenticity of this Power of Attorney you may tail,collect,908-658-3500 and ask for the Power of Attorney clPrk Pleasr i, r^+,it .f•owt I
of Attorney number, the above named Individual(s)and details of the bond to which the power 19 attached In New Yorh, Didl :119 397 F 1 14
REQUEST FOR CITY COUNCIL ACTIO
J
Date March 15, 1993
Submitted to: APPROVED BY GITY" ���N�r�
Honorable Mayor and City Council
Submitted by:
Michael T. Uberuaga, City Administrator
Prepared by: Louis F. Sandoval, Director of Public Works CITY cLEkK
Subject: PAVEMENT REPAIRS AND ASPHALT OVERLAY ON GARFIELD AVENUE
BETWEEN BEACH BOULEVARD AND NEWLAND STREET; CC-815
Consistent with Council Policy? [ *Yes [ J New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
STATEMENT OF ISSUE:
Sully-Miller Contracting Company has completed the construction of street improvements
along Garfield Avenue, between Beach Boulevard and Newland Street; CC-815.
RECOMMENDED ACTION:
Accept the improvements in CC-815 and authorize the City Clerk to file the Notice of
Completion.
ANALYSIS•
On October 19, 1992, the City Council awarded a contract to Sully-Miller Contracting
Company to repair and overlay asphalt on Garfield Avenue. The construction of these
improvements is now complete, per the approved Plans and Specifications; therefore, the
Director of Public Works recommends acceptance of the project and requests that the
Notice of Completion be filed by the City Clerk.
The following is a summary of contract cost:
CounciLApproved Actual Expenditures
Contract Amount $136,599.55 $127,972.11*
Anticipated Change Orders (10%) 13,600.00 325.00
Supplemental Expenses 4,800.45 2.000.00**
Total $155,000.00 $130,297.11
Contract amount reflects actual quantities placed on the project.
** Final Testing costs are not in as of this date.
Council approved $155,000 for this project. Actual expenditures for the work were
$130,297.11, a savings of$24,702.89 (16%.)
PIO 5/85
RCA; CC-815
March 15, 1993
Page two
FUNDING SOURCE:
Sufficient City Gas Tax Funds were budgeted for the Garfield Avenue Rehabilitation project
in Account Number E-SF-PC-815-6-32-00 to cover construction costs, project Change
Orders, and project supplementals. The Garfield Avenue Street Improvement project was a
cooperative project with the County of Orange Arterial Highway Financing Program
(A.H.F.P.). Their share of the project cost is $64,198.77.
ALTERNATIVE ACTION:
Not applicable.
ATTACHMENTS:
None
MTU:LFS:RAM:gd
3401g/1&2
HHEE�i KUORDED MAIL TO:
C ilty of Huntington Beach
Office of the City Clerk
P. 0. Box 190
Huntington Beach, CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the
City of Huntington Beach, California to Sully Miller Contracting Company, 6145 Santiago
Canyon Road, Orange, California 92669 who was the company thereon for doing the
following work to—wit: Street Improvements, Garfield Avenue between Beach Boulevard
and Newland Street, CC-815.
Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648
Site: Garfield Avenue between Beach Boulevard and Newland Street Nature of
Interest: Easement
That said work was completed by said company according to plans and specifications and
to the satisfaction of the City Engineer of the City of Huntington Beach and that said
work was accepted by the City Council of the City of Huntington Beach at a regular
meeting thereof held on Monday, March 15, 1993. That upon said contract the Seaboard
Surety Company was surety for the bond given by the said company as required by law.
Dated at Huntington Beach, California, this 17th day of March, 1993.
City Clerk and ex—officilig 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 17th day of March, 1993.
This document is solely for the
official business of the City
of Huntington Beach, as contem—
plated under Government Code City Clerk and- ex—officigOtlerk
Sec. 6103 and should be recorded of the City Cou;,cii of the City
free of charge. of Huntington Beach, California
1154K/1488K
_ PLEASE COMPLETEJHIS INFORMATION
r
t RECORDING REQUESTED BY:
;�� �i'-=
���°€
AND WHEN RECORDED MAIL TO: °yr. y-A r, ¢;r: Ry�card-..n._�r�'E1 L?; iii F3�_t C:w G »�
THIS SPACE FOR RECORDER'S USE ONLY
l.J i
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
Stop Notice
NOTICE TO City of Huntington Beach
Name
2000 Main St. , Huntington Beach, Ca. 92648
Address
(public body or Lender)
Of Public Job—the with office of controller,auditor,or other public disbursing officer whose duty it is to make payments
tinder provision;of the contract)
(If Private Job — Me with reaponable officer or person at office or branch of Fonstruetion lender administedu the
coostpiction funds)
Prime Contractor: -- Sully—Miller Contracting Company
Sub Contractor(If Any) Copp__Contrac ting, Inc._
Owner or public Body. City of Huntington Beach
Improvement known as
CC-815 Garfield to Newland Street Resurfacing
preme end oddrett ojpri ect or work of tmpmmim m)
in the City of Huntington Beach ,County of Orange
State of California
_ �ogp Contracting. Ind-clamant,a
(ctatmentJ (Corpw#tkw P°rtnwrM1p dole Prvpd*WA0 pJ
furnW►ed cortain labor,service, equipment or materials used In the above described work of improvement.
The name of the person or company by whom claimant was employed or to whom claimant furnished labor,service,
equipment or materials is 5tl1Y—Mi11er Contr�n„g. Company ,
(Nome of Sft—tmotwrcojitiwotoprownoButuerI
Tire kind of labor,ssrvica,equipment or materials futn*ad or agreed to be furnished by claimant was Traffic con tro 1,
Stand—by time, Move—in, (these items were furnished but specifically excluded from
our contract). Cracksealin — Reinforced Sealed Cracks.
(Desalbe In detaly
Total value of labor,service,equipment or materials agreed to be furnished . . . . . . . . $ 9,212.25
Total value of labor,service,equipment or materials actually furnished is . . . . . . . . . . . $ 9 25_._._
Credit for materials returned,If any . . . . . . . . . . a . . 0 . . . . . . . . . . . . . . . . $
Amount paid on account,if any. . . . . . . . . . ... . . . . I . . . . . . . . . , . . S 5,464.13
Amount due after deducting all just credits*d offsets . . . . . . . . . . . . . . $_ 4,062.23
YOU ARE HbREItY N07U'Ibn to withhold sufficient monies held by you on the above dvseribad project
to sat* claimant's demand in the amount of S 4�062.,23, , as provided in Sections 3156 thm 9214 of the
Civil Code, and in addition thereto PAN sufficient to cover interest, court costs and reasonable costs of litigation, as
ptoedded by law.
A bond 4T attached.(Bond required on private jobs—not on public jobs)
(tr k my
Dat# ��r�9 0 1993
Name of f`Isimant Corp
\ =n4 By '
DennisCoPy — Pre6dent
(oft*l Capoctry�
VERIFICATION
I, the undersigned, state: I am the President
("Asent of-, "Ptesident of. 'A Partner of'. "Owner or. etc)
the claimant named in the foregoing mechanic's lien, I have road said claim of mechanic's Len and know the
contents thereof, and I certify that the same is true of my own knowledge.
I certify(or declare) under penalty of perjury under the laws of the State of California that the foregoing
Is true and correct
Executed on March 9, 19 23 , at Whittier,
California
COPP CONTRACTING, INC.
BY:
(Sisn°ture of Claimant or Aut ort sent)
Dennis W. Copp — Preside
R1GA FORM 4 (R11Y. 1-63)
SULLY - MILLER
SULLY,MILLER CONTRACTING COMPAIIY,6145 SANTIAGO CANYON ROAD,ORANGE,CA 92669 USA
TEL: i14l639-14C•0 FAX: 714j338-8053
TRANSMITTAL LETTER
To: City of R ntind� Beach Date: t,arrh 8, 1993
2000 ii&-an Street
antkgtcn Beach, CA 92948 Subject: 'bintenance Bond
Job Title: Street ResLafacirIg of C-jifield Avenue
from Beach to Nev and Street.
Attention: C -rde Rrocl-wv, City Clerk Job Number: AtE'P (1308)
Gentleman:
We are sending you X herewith the following/ under separate cover:
Quantity Des ri tion
1 Z7b ntanarice Bond
For your: Perusal 1 Approval X !Files !Quotation
Use / Reply /Signature i Other
Remarks:
Sincerely,
1
Mirhe]le L. Blythe
Cantract Coordinator
Doing cur per-�y Prnx:r,r.Re._•:!e'':,-.r
FORhA NO.ST0023 12.90
City of Huntington Beach
Department of Public Works
P.O. Box 190
Huntington Beach, California 92648
Attention:
Subject: Certification of Compliance with
Title VII of the Civil Rights Act
and Equal Employment Opportunity
Act of 1972
Gentlemen:
The undersigned, contractor on
CC-815 Garfield Ave. Beach Blvd. to Newland Street
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
.D. Blair
Assistant Secretary
It
DECLARATION OF SATISFACTION OF CLAIMS
I , Sully-Miller 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 Reconstruction of Garfield Avenue
and dated November 17, 1992
2 . All workers and persons employed, all firms supplying
materials, and all subcontractors for the
above-mentioned project have been paid in full .
3 . The following are either disputed claims, or items in
connection with Notices to Withhold, which have been
filed under the provisions of the statutes c' the State
of California: ( if none, state "NONE" )
I declare under penalty of perjury that the foregoing is true
and correct .
Executed at Sully--Miller Contracting, Orange, CA on this 2nd day of
March , 19 93
c
( Signature of Contractor )
J. . Blair.
Assistant Secretary
�, CITY OF HUNTINGTON BEACH
2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648
Louis F. Sandoval Public Works Department
Director (714) 536-5431
February 23, 1993
Randy Mason
Sully-Miller Contracting Company
6145 Santiago Canyon Road
Orange, CA 92669
Subject: Requirements for Retention Release
Garfield Avenue; CC-815
Dear Mr. Mason ,
The following items must be filed with our City Clerk and City Attorney's office before
the City can relieve Sully-Miller from its contract obligation and release any remaining
retention funds.
Enclosed are extra forms. Please attend to these items as soon as possible, for they are
necessary in completing this project.
1. A warranty bond guaranteeing the final amount of work and materials for one year.
Your performance bond does not include specific wording for a one--year warranty;
therefore, a separate bond is required and must be submitted. (Note: Your one-year
time period will start when all items are received and approved.)
2. An affidavit stating that all workmen and persons employed, all firms supplying
materials, and all subcontractors have been paid in full and that there are no
outstanding claims against this project.
3. A Certificate of Compliance form must be signed at the completion of work and
returned to this office.
Sho I I ou have any questions regarding these items, please call me at (714) 536-5423.
Ve ly yours,
Robert A. Martinez
Project Coordinator,
Construction Division
RAM:gd
Enclosures: Certificate of Compliance Form
Declaration of Satisfaction of Claims
3394g/20
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
November 17, 1992
Sully-Miller Contracting Company
6145 Santiago Canyon Road
Orange, CA 92669
RE: Construction of Street improvements - Garfield Avenue between
Beach Boulevard and Newland Street PROJECT CC-815
Enclosed is a copy of the executed contract with the City of Huntington
Beach, a Declaration of Satisfaction of Claims and a Certificate of
Compliance form. The declaration of Satisfaction of Claims and the
Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE
PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS.
In addition, the following item must also be on file, with this office
before the City can release any retention funds:
A warranty bond guaranteeing the final amount of work and
materials for one year. If your performance bond does not
include specific wording for a one year warranty, then a
rider or separate bond must be submitted.
Should you have any questions or concerns regarding the enclosures or
items that must be on file in this office prior to release of retention
funds, please call Don Noble, Contracts Administrator, 536-5441 .
4 ou
Connie Brockway
City Clerk
CB:bt
Enc: Cash Contract
Declaration of Satisfaction of Claims
Certificate of Compliance
(Telephone:714-536-5227)
I have received the Faithful Performance Bond and the Labor and Materials
bond for Sully-Puller Contracting Company, Street improvements - Garfield Ave.
btwn Beach Blvd. & Newland ST. , CC-815.
on behalf of the Treasurer's Office.
Dated ,'. _.
B y ���
f'aiihful Perforu.ance lion.; f3011-0 NO-_---_ `,-%�r--'=-
`r
• YrrtliU,r S 625.00
r
S1,A130A111) SURETY COXX <XN_Y
HOME OFFICE, NEW YORK CITY, N.Y.
CONTRACT BOND
(Faithful performance)
KNOW AI.E.,11iN HY THESE PRESENTS: That xo, SULLY MILLER COt7kRACTIi1G COMPANY
as principal, and the Sl?AIIOAI.11 SU1tETY COtdE'ANY, a corporation duly organized and doing business under and by virtue
of 11:e laws of the State of Now York,and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon
bonds or undedakings required or authorized by the laws of the saidState, as Surety, are held and firmly bound unto the
•CITY OF HUNTINGTON BEACH
(hereinafter called the Obligee),
in the sum of
ONE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED NIi;ETY-NINE 55f18&1'L1kRS (S 136,599,55 )
for the payme)a whereof well and truly to be made we and each of us bind ourselves,our heirs, executors, administrators,
successors ant{assigns,jointly and severally, firmly by these presents,
THE CONDITION OF TIIF, ABOVEOBLIGATION [5 SUCHTHAT, WHEREAS. the above bounden principal hasentcred
'into a contract dated OCTOBER 13 la 92 with the said CITY OF HUNTItIGTON BEACH
to da and perform the following work to-wit:
STREET P,ESURFACING OF GARFIELD AVE FROM BEACH BLVD TO NEW AND ST. (AHFP #1308)
" - IN THE CITY OF HUNTINGTON BEACH, CA. CC-815
a copy of which contract is or may be attached hereto, and is hereby referred to and made a.part hereof.
NOW, THEREFORE, if the above bounden principal shall well and truly perform the work contracted to be performed
under said contract, then this obligation to be null and void, otherwise to remain in full force and effect. No right of action
shall accrue under this bond to or for the use of any person other than the said Obligee.
SIGNED AND SEALED this 14th day of OCTOBER A.D., 19 92
SULLY MILLER C011TRACTINC COMPANY
r- -
APPROY>SD AS TO FORM.
G A.IL HUT`AOi, City ttorney �. Blair, Asaistar►t Secre+ar;
By:�at�r/C—ti A Orney S ABOARD RETY COMPANY
/O — Z 7—7Z_ 13y
1 IRENE LAU, Attorney-in-Fact.
FORM 402
L. A M. BOND
` Public'Norio_Colifornie
if Government Code BOND NO. '-G3.11;92
SI-Ar34A.RD SUREMY CO IPANY
IIOr11E OFFICE, NEW YORK CITY, N.Y.
LABOR AND MATERIALS
(Public Work California)
KNOB'ALL LIEN BY THESE PRESENTS: That we, SULLY MILLER CONTRACTING COMPANY
as Principal,
and the SEABOARD SURETY COVPANY, a corporation duly organized and doing business under and by virtue of the lawsof
the State of New York, and duly licensed for the purpose of making. guaranteeing or becoming sole surely upon bonds or un-
dertakings required or authorized by the taws of the said State, as Surety,are held and firmly bound unto any and all material-
men, petsons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or
about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all
persons, companies or corporations renting or hiring teams,or implements or machinery, for or contributing to said work to be
done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and
whose claim has not been paid by the contractor,company or corporation, in the just and full sum of
IUL 41)RLD THIRTY—SIX TIKAJSAiID FIVE i?LTMRM-- NEIETY—NINE and 55/fOO-- DOLLARS (S 136.599.55 ),
for the payment whereof well and truly to be made, said PRINCIPAL, and SGReTY bind themselves, their heirs, administra-
tors, successors and assigns,Jointly and severally, firmly-by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT,WHEREAS,the above bounden PRINCIPAL has
entered intoma contract, dated OCTOBER 13 19 92 .with CITY OF HUN INGTON REACII
- r
to do and perform the following work,to wit:
STREET RESURFACING OF GARFIELD AVE FROM BEACH BLVD TO NEWLAND ST. (AIiFP *=130a)
IN THE CITY OF HUNTINGTON BEECH, CA CC-•815
NOW,THEREFORE,if said Principal,his or its heirs,executors,administrators,successors or assigns,shall fail to pay
for any materials,provisions,provender or other supplies or teams,implements or machinery,used in,upon,for or about the
performance of the work contracted to be done,or for any work or or thereon of any kind,or for amounts due under the
Unemployment Insurance Act with respect to such work or labor,as required by the provisions of Chapter 7,Title 15,Part 4,
Division 3 of the Civil Code,and provided that the claimant shall have complied with the provisions of said code,the surety
or sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond,otherwise the above
obligation shall be void. lit case suit is brought upon this bond the said surety or sureties will pay a reasonable auorncy's fee
to be Fixed by the court.
This bond shall inure to the benefit of any and all persons,comppanies or corporations entitled to file claims under
Section 318I of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond.
SIGNED AND SEALED this 14t:h day of OCTOBEP, A.D., 19 92T
! SULLY FALLER CONTRACTING COMP111Y
J B1ait', Assist&-&.SecnetarJ
APPROVED AS TO FOR!{: SEABOARD RETY O1lPAi<IY
GAIL HUTTON, City Attor„try
• _ 1?y: pePaty City Attorney
v By
IRENE LAU, Attorney-in-Fact
FORM 401
5174
FOR` '10-13M-4.,1
e �
SEABOARD SURETY COMPANY
HOME OFFICE: NEW YORK, N. Y.
BOND NO. 263314-92
MAINTENANCE BOND
KNO'W ALL MEN' BY TRESE PRESENTS:
That we, SULLY BILLER CONTRACTING COMPANY ,
hereinafter called the Principal, and SEABOARD SURETY COMPANY, a New York
corporation, with principal office at New York, New York, hereinafter
called the Surety, are firmly bound unto the CITY OF HUNTINGTON
BEACH in the full and just sum of ONE HUNDRED
'THIRTY-SIX THOUSAND FIVE HUNDRED NINETY-NINE 55/100OLLARS ( 136,599.55 )
lawful money of the United States of America, to be paid to the said
CITY OF HUNTINGTON BEACH to which payment well and
truly to be made, we bind ourselves, our heirs executors, administrators,
and successors, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 14th day of OCTOBER 'lo 92
WHEREAS, the above-bounded Principal entered into a contract with
the CITY OF HUNTINGTON BEACH dated OCTOBER 13. 199"
for STREET RESURFACING OF GARFIELD AVE FROM BEACH BLVD. TO NE;,LAND ST.
(AHFP # 1308) IN THE CITY OF HUNTINGTON BEACH, CA. CC-815.
NOW, THEREFORE, the condition of this obligation is such that if
the above-bounded Principal shall remedy without cost to the said CITY
OF HUNTINGTON BEACH_ _ any defects which may develop during
a period of one Cl) year from the date of completion and acceptance of the
work performed under said contract provided such defects are caused by de-
fective or inferior materials or workmanship, then this obligation shall be
void; otherwise it shall be and remain in full force and effect.
IN WITNESS WHEREOF, the said Principal. and Surety have duly exe-
cuted this bond under seal the day and year above written.
I
ATTEST: PRINCIPAL: SULLY MILLER CONTRACTING COMPA
took
BY:
Dale A. tFme, Secretary J. Blair, Assistant Secretary
SEABOARD S- ETY OMPANY
WITNESS:
BY:
IRENE LAU, ATTORNEY-IN-FACT
1
I
APPROVED AS TO FORM.
GAIL HUTi^Oi , Clt;y Attorney
BY: Deputy City Attorney
rC 7—�'Z
Ceitif•°ed Copy SEA90ARD SURETy CO&SAId B *J 7
No. 11357 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York,has
made, constituted and appointed and by these presents does make, constitute and appoint Paul C. Hughes or
Irene Lau or Cathy R. Mair
of Costa Mesa, California
itstrue and lawful Attorney-in-Fact,to make,execute and deliveron its behalf insurance policies,surety bonds,undertakings and
other instruments of similar nature as follows: Limited to the amount of FIVE MILLION
($5,000 ,000 .00) DOLLARS
Such insurance policies,surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact,pursuant to the authority
hereby given,are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927,with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE-VI1.SECTION 1:
"Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto.
Insurance policies,bonds,recognizances,stipulations,consents of surety and underwriting undertakings of the Company,and releases,agreements and other
writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the Company
-_ Sa)-by the Chairman of the Board,the President,a Vice-President ora Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident
Secretary*r a Resident Assistant Secretary-,or(b)by an Attorney-in-Fact for the Company appointed and authorized by the Chairman of the Board,the
President-'or a Vice-President to make such signature;or(c)by such other officers or representatives as the Board may from time to time determine.
The seal of the Company shall if appropriate be affixed thereto by any such officer.Attorney-in-Fact or representative."
- -
IN-.WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice-
-- , --
Pr-esideilts,and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries,this ._1fith.....
day.of==----_---:__J117. ._.... , 19---9-2
3UBF?rr-
*.=_ °$ Attest: SEABO D SU E COMP Y,
192�=
�W r
By 1�—
''Eor (Seal � f ----------------
- _ As t ecretary Vice-President
STATE OF NEW JERSEY ss.:
COUNTY OF SOMERSET
On-this..........1.6.th..........day of ......................................July......................................... 19__92----. before me personally appeared
......................Michael...B_,----Keegan-..................................................... a Vice-President of SEABOARD SURETY COMPANY,
with whom 1 am personally acquainted, who, being by me duly sworn,said that he resides is 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 affixed by order of the Board of Directors of said Company;and that his name as Vice-President of
said Company by like authority.
aae s r L1NDA SMETHERS Y
(Seal) c NOTARY PUSLIC O, NEW fib,1996
My Commssion 7 Notary Public
C E R T I F I E
^r,'Ea
1•the undersi ssistant Secretary of SEABOARD SURETY C ANY doh ertify that the original Power of Attorney of which the foregoing is
a full,true and correct copy,is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an attomey-in-fact as provided in Article VII,Section 1,of the By-Laws of
SEABOARD SURETY COMPANY.
This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of
Directors-of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970.
"RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By-Laws
appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other
instruments described in said Article VII, Section 1,with like effect as if such seal and such signature had been manually affixed and made, hereby is
authorized and approved"
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the Company to these presents this
14th.. ............ day of .... ...OCTO;;.iaR....... .......----.................... 19.....9-2--
1927
Assistant Secretary
Form 957(Rev 7184)
ems:\'Pnification o?t^F - - -
5
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND SULLY MILLER CONTRACTING COMPANY
FOR THE RECONSTRUCTION OF GARFIELD AVENUE
(CC-815)
THIS AGREEMENT is made and entered into on this 17-th
day of November , 1992, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY, " and SULLY-MILLER CONTRACTING
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 reconstruction of Garfield Avenue in the City of Huntington
Beach; and
CONTRACTOR has been selected and is to perform said work,
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made and exchanged, the parties covenant
and agree as follows:
1. STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all
labor, plans, tools, equipment, supplies, transportation,
utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike
manner.
CONTRACTOR agrees to assume the risk of all loss or
damage arising out of the nature of the PROJECT, during its
progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be
10/92 :ADLk 1
. s
encountered in the prosecution of work, and for all other risks of
any description connected with the work, including, but not
limited to, all expenses incurred by or in consequence of the
suspension or discontinuance of work, except such as are herein
expressly stipulated to be borne by CITY, and for well and
faithfully completing the work within the stipulated time and in
the manner shown and described in this Agreement, and in
accordance with the requirements of CITY under them for the
compensation set forth in the accepted bid proposal .
However, the total compensation to be paid is to be computed
on the basis of the units of work as it is actually performed, in
accordance with the stipulated prices named in the Bid Sheet(s) .
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with
all the terms, conditions and obligations of this Agreement and
the Contract Documents (as hereinafter defined) , the location of
the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its
investigation of all such matters and is relying in no way upon
any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated
into this Agreement by this reference, with the same force and
effect as if the same were set forth at length herein, and that
CONTRACTOR and its subcontractors, if any, shall be bound by said
Contract Documents insofar as they relate in part or in any way,
10/92 :ADLk 2
directly or indirectly, to the work covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY'S standard Plans and Specifications and
special contractual provisions, including those on file in the
office of the Director of Public Works of CITY and adopted by
the City Council of CITY, and any revisions, amendments or addenda
thereto;
D. The 1991 edition of Standard 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") ;
E. The particular plans, specifications, special
provisions and addenda applicable to the PROJECT. Anything
mentioned in the Specifications and not indicated in the Plans or
indicated in the Plans and not mentioned in the Specifications,
shall be of like effect as if indicated and mentioned in both. In
case of discrepancy between any plans, specifications, special
provisions, or addenda, the matter shall be immediately submitted
by CONTRACTOR to the Department of Public Works of CITY
10/92:ADLk 3
(hereinafter referred to as "DPW") , without whose decision said
discrepancy shall not be adjusted by CONTRACTOR, save only at its
own risk and expense.
Should there be any conflict between the terms of this
Agreement and the bid or proposal of CONTRACTOR, then this
Agreement shall control and nothing herein shall be considered as
an acceptance of the terms of said bid or proposal which is in
conflict herewith.
3 . 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
One Hundred Thirty Six Thousand, Five Hundred Ninety Nine Dollars
and Fifty--Five Cents ($135, 599 . 55) , 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 sixty (60)
working days from the day the "Notice to Proceed" is issued by
Department of Public Works, excluding delays provided for in this
Agreement.
5 . TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of
the essence in the performance of this Agreement and each and
every provision of the Contract Documents .
10/92 :ADLk 4
CONTRACTOR shall prepare and obtain approval as required
by the Contract Documents for all shop drawings, details and
samples, and do all other things necessary and incidental to the
prosecution of its work in conformance with the progress schedule
set forth in the Contract Documents . CONTRACTOR shall coordinate
its work with the work of all other contractors, subcontractors
and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in
accordance with the terms and provisions of this Agreement . CITY
shall have complete control of the premises on which the work is
to be performed and shall have the right to decide the time and
order in which the various portions of the work shall be performed
and the priority of the work of other contractors, subcontractors
and CITY forces and, in general, all matters concerning the timely
and orderly conduct of the work of CONTRACTOR on the premises .
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and
specifications set forth in the Contract Documents unless a change
therefrom is authorized in writing by the DPW. CONTRACTOR agrees
to make any and all changes, furnish materials and perform all
work necessary within the scope of the PROJECT as the DPW may
require in writing. Under no condition shall CONTRACTOR make any
changes without the written order of the DPW, and CITY shall not
pay any extra charges made by CONTRACTOR that have not been agreed
upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit
immediately to the DPW a written cost proposal reflecting the
10/92:ADLk 5
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.
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 one hundred percent (100%) of the contract price to
guarantee payment of all claims for labor and materials furnished.
10/92 :ADLk 6
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 . INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and
shall be, acting at all times hereunder as an independent
contractor and not as an employee of CITY. CONTRACTOR shall
secure, at its expense, and be responsible for any and all payment
of income tax, social security, state disability insurance
compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees,
and all business licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total
work called for hereunder is not in all parts and requirements
finished or completed within the number of calendar days as set
forth herein, damage will be sustained by CITY; and that it is,
and would be, impractical and extremely difficult to ascertain and
determine the actual damage which CITY would sustain in the event
of and by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a
10/92 :ADLk 7
penalty, the sum of Three Hundred Dollars ($300 . 00) per day for
each and every working day' s delay in completing the work in
excess of the number of working/calendar days set forth herein,
which sum represents a reasonable endeavor by the parties hereto
to estimate a fair compensation for the foreseeable losses CITY
would sustain in the event of and by reason of such delay; and
CONTRACTOR agrees to pay said damages herein provided, and further
agrees that CITY may deduct the amount thereof from any monies due
or that may become due to CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will
not be assessed damages for any portion of the delay in completion
of the work due to unforeseeable causes beyond the control and
without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods,
epidemics, quarantine restrictions, strikes, unsuitable weather,
or delays of subcontractors due to such causes .
CONTRACTOR shall, within fifteen (15) days from the
beginning of any such delay (unless the DPW shall grant a further
period of time prior to the date of final settlement of the
Agreement) , notify the DPW in writing of the cause of the delay
and CITY shall extend the time for completing the work if, in its
judgment, the findings of fact thereon justify the delay; and the
decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or
completion of the work by the act, neglect or default of CITY, or
should CONTRACTOR be delayed waiting for materials required by
10/92:ADLk 8
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.
No claims for additional compensation or damages for
delays, irrespective of the cause thereof, and including without
limitation the furnishing of material by CITY or delays by other
contractors or subcontractors, will be allowed and said extension
of time for completion shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before
such conditions are disturbed, notify the DPW in writing of :
(a) Subsurface or latent physical conditions at the
job site differing materially from those indicated in this
Agreement or the Contract Documents; or,
(b) Unknown physical conditions at the job site, of
an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent to work of the
i
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
10/92 :ADLk 9
decrease in the time required for performance of any part of the
work under this Agreement, whether or not changed as a result of
such conditions, an equitable adjustment shall be made and the
Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under
this Section shall be allowed unless the CONTRACTOR has given the
notice required hereunder, provided, however, the time prescribed
therefor may be extended by CITY.
13 , VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern
final payment. Payment to the CONTRACTOR will be made only for
the 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.
10/92 :ADLk 10
14 . PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of
the work performed by CONTRACTOR and the value thereof. From each
progress estimate, ten percent (10%) will be deducted and retained
by CITY and the remainder, less the amount of all previous
payments since commencement of the work, will be paid to
CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW,
faithfully executed fifty percent (50%) or more of the value of
the work as determined from the bid schedule, and if the DPW finds
that satisfactory progress has been and is being made, the
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.
10/32:ADLk 11
r
15 . WITHHELD CONTRACT FUNDS,_ SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon,
CITY shall permit the substitution and deposit therewith of
securities equivalent to the amount of any monies withheld by CITY
to ensure performance under the terms and provisions of this
agreement.
16 . AFFIDAVITS 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 . 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
10/92:ADLk 12
property, arising directly or indirectly out of the obligations or
operations herein undertaken by CONTRACTOR, including those
arising from the passive concurrent negligence of CITY, but save
and except those which arise out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and
expense. CITY shall be reimbursed by CONTRACTOR for all costs or
attorney' s fees incurred by CITY in enforcing this obligation.
19 . WORKERS' COMPENSATION INSURANCE
Pursuant to the California Labor Code Section 1861,
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
10/92:ADLk 13
require all subcontractors to waive subrogation.
20. INSURAN E
CONTRACTOR shall carry at all times incident hereto, on
all operations to be performed hereunder, general liability
insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and
non-owned vehicles. Said insurance shall name the CITY, its
officers, agents and employees and all public agencies as
determined by the CITY as Additional Insureds . CONTRACTOR shall
subscribe for and maintain said insurance policies in full force
and effect during the life of this Agreement, in an amount of not
less than One Million Dollars ($1,000,000) combined single limit
coverage. If coverage is provided under a form which includes a
designated general aggregate limit, such limit shall be no less
than One Million Dollars ($1, 000, 000) . In the event of aggregate
coverage, CONTRACTOR shall immediately notify CITY of any known
depletion of limits . CONTRACTOR shall require its insurer to
waive its subrogation rights against CITY and agrees to provide
certificates evidencing the same.
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject
10/92 :ADLk 14
to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently
in force and shall promise to provide that such policies will not
be cancelled without thirty (30) days prior written notice to
CITY. CONTRACTOR shall maintain the foregoing insurance coverages
in force until the work under this Agreement is fully completed
and accepted by CITY.
The requirement for carrying the foregoing insurance shall not
derogate from the provisions for indemnification of CITY by
CONTRACTOR under this Agreement. CITY or its representative shall
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
10/92 :ADLk 15
terminate this Agreement. Unless the violation is cured within
ten (10) days after such Notice of Intention has been served on
CONTRACTOR, CITY may, without prejudice to any other remedy it may
have, terminate this Agreement upon the expiration of that time.
Upon such default by CONTRACTOR, CITY may elect not to terminate
this Agreement; in such event CITY may make good the deficiency in
which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23 . DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be
performed hereunder, or upon earlier termination of this
Agreement, all original plans, specifications, drawings, reports,
calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property
at no further cost.
24 . NON-ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or
encumber this Agreement, or any part hereof, or any right or duty
created herein, without the prior written consent of CITY and the
surety.
25 . CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular
CITY employee in the work performed pursuant to this Agreement.
No officer or employee of CITY shall have any financial interest
in this Agreement in violation of California Government Code
Sections 1090 et seq.
10/92 :ADLk 16
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. 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 interpretation,
10/92:ADLk 17
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 § 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, INC. a municipal corporation of
the State of California
zawa_/ . j J
zn. -
Robert E. Holland Mayor
Its Vice President
J.D. Blair
_-- Assi.s+„ant Secretary
ATTEST: APPROVED AS TO FORM:
City Clerk ;C �3ttorney
RE EWED AND APPROVED: NITIAAPPROVED:
City dmi istrato eirRf Public Works
/ /2P�2cti Fit J
REQUEST FOR CITY COUNCIL ACTION/_
October N, 1992
Date
Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL
Submitted by: Michael T. Uberuaaa, City Administrator
Prepared by: 'Louis F. Sandoval, Director of Public Works .f
CIT CI,E
Subject: AWARD OF CONTRACT FOR STREET DAPROVEIQENTS ON G
AVENUE BETWEEN BEACH BOULEVARD AND NEWLAND STREET; C"15
Consistent with Council Policy? [f Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
On August 3, 1992, City Council authorized a call for bids for the reconstruction and
resurfacing of Garfield Avenue between Beach Boulevard and Newland Street.
RECOMMENDATION•
1. Accept the low bid and award a contract to Sully-Miller Contracting Company, 6145
Santiago Canyon Road, Orange, CA 92669, upon receipt of authorization from
EMA/A.H.F.P. to solicit bids.
2. Authorize the Director of Public Works to expend$155,000 to cover the contract cost
of $136,599.55, estimated construction Change Orders of $13,600, and anticipated
supplemental expenditures of $4,900.45 for street improvements on Garfield Avenue,
between Beach Boulevard and Newland Street.
ANALYSES•
On August 3, 1992, the City Council authorized the Director of Public Works to solicit bids
for construction of Garfield Avenue between Beach Boulevard and Newland Street. This
was required because the asphalt pavement on Garfield Avenue between Beach Boulevard
and Newland Street has deteriorated to a point where maintenance requirements are
Increasing and rehabilitation measures are desirable at this time. The proposed
reconstruction and resurfacing will extend the service life of the pavement another 15
years. This project was submitted and approved for particiaption in the City/County
Cooperative Arterial Highway Financing Program.
The project was estimated at $179,000. Bids were received on September 3, 1992, and
listed below in dollar amount:
Contractor Bids Bid Amount
I. Sully-Miller Contracting Company $136,599.55
2. All American Asphalt 136,901.95
3. Boral Resources 137,397.08
4. R. J. Noble; Company 140,833.20
5. Shawnan Corporation 146,692.00
pin 6/RR
0
3
RCA: CC-815
October 19, 1992
Page two
6. Excel Paving Company 147,392.88
7. Sylvia Construction, Incorporated 148,679.90
8. Paladin Construction 151,927.50
9. E. C. Construction 161,062.02
10. Bear Valley Paving 164,742.00
11. Griffith Company 169,915.50
The County's share of the project costs are as given in the following Funding Source
Section.
FUNDING SOURCE:
Contract Amount $136,599.55
*Project Change Orders 13,600.00
"Project Supplementals 4,800.45
TOTAL $155,000.00
* Standard 10% administrative Change Order limit per City Council Resolution
Number 4896. Examples of possible Change Orders include such things as
changes in field conditions, unavailable materials, weather delays, errors in the
Plans, and changed City requirements.
** Examples of supplementals include soil testing, Edison electrical hook-up, and
water service connection.
Sufficient funds for this project are budgeted in Fiscal Account Number
E--SF-PC-815-6-32-00.
The Garfield Avenue Street Improvement Project is a cooperative project with the County
of Orange Arterial Highway Financing Program (A.H.F.P.) funded as follows:
1. County of Orange A.H.F.P. Funds: $64,198.77
2. City of Huntington Beach Gas Tax Funds:
a. Matching Funds 64,198.77
b. ***Funds Ineligible For Matching Funds 8,202.01
Construction Contract Total $136,599.55
*** Items not eligible for A.H.F.P. participation, such as raising to grade all sewer
manholes and water valves.
ALTERNATIVE ACTION:
Reject low bid or all bids and do not proceed with the construction.
ATTACHMENTS:
Project Location Map
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3313g/1&2
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ADAMS
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\ I_INDLINAPOLIS
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\ 'ATLANTA
\ ,��HAMLLTON
\ 'BANNING
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PROJECT LOCATION
Aflh LOCATION MAP CC815
ifil
HUNTINGTON BUCH PLANNING DIVISION
i tr r o a t 1�1V �� OF INSURANCE
a ssJ E tM /YY).
SU
ISSUE DATE M/DD
}.
1 0--I4-92
.....v... ..........................s.... .-.....::v:v:..:.::w.::....--.i...................:....tr..}n -.}.-:::::::...........:..'}.{O .4.:..:..:: C..'..z nyr.r'"42..::::?:..0.::.,}`:.}::-:}4. i.{...tY?r
XX
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO >`
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, i
Arthur J. Gallagher & Co. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
12221 Merit Drive, Suite 670 Companies Affording Coverage
Dallas, TX 75251 P g 9
Company A Zurich insurance Company
Letter wt
INSURED Company B
Letter :}
<' Sully-Miller Contracting Company Company C
3000 E_ South St. Letter
Long Beach, CA 90805 Company D
}# Letter
Company E M:
Letter ``:
' 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
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-CL_AIMS._
POLICY EFFECTIVE POLICY ALL LIMITS IN THOUSANDS
TYPE OF INSURANCE POLICY NUMBER DATE(MM:DD,YYJ EXPIRATION
DATE (MM/DDIYY)
General Liability GENERAL AGGREGATE
-�A PRODUCTS-COMPIOPS AGGREGATE
px Commercial General Liability CGL 1423786 4-1-92 4-1-93 $10,000, };
❑Claims Made xC7 Occurrence PERSONAL a ADVERTISING INJURY $5,000,
r1 Owners& Contractors Protective ! EACH OCCURRENCE 55,000, }i
FIRE DAMAGE(ANYONE FIRE) $50
_ MEDICAL EXPENSE(ANYONE
PERSON) .;;:
Automobile Liability Combined $5,000
TAP 1423787 - TX single :aa-`x' r` •:
X Any Auto S::g.�:•.'..o:d>:.}:
Limit
'� 4-1-92 4-1-93 .:}.;.
ID All Owned Autos BAP 1423785-0/S x.
Bodilyy Injuryb:
Schedu:ed Autos (Per Person) S a: #y:ks :S:
' c.tr
Hired Autos
:,Yrvtry
Bodily Injury
x Non-owned Autos
G Garage LiabilityProperty
Damage
fx#c<
;;. :......}.:•-
Excess Liability Aggregate
Each
Occurrence
Ubrella Form
E] m Other Than Umbrella Form
ry
Statutory
ta: ..0 pry:
Self Insured by State t t
a Workers' Compensation
And of California Cert. $ Eacn Accident
No. 1130 Disease-Potic Limit <°
Employers' Liability $ Disease each Employee) 4:'':l
- Other
F<3 Description of Operations/l-ocationsNehicles/Special Items STREET 1$SFC IASING GAA66 qLD AVE. CC-$15. I
SEE ENDORSEMENT ATTACHED'. 'I
GAIL HUTTON, City Attorne4 :.
By: Deputy City Attoxney -IF 0 7_
X.
5.
.tr::::>:tij'n'}:S:.j:::.:::n:::-..:.}}Yi;}:?:...:. - $`
<>, s::{.>:.,,:,;,:,.,:,,,.,.,,.:,:?;:,.,::.. CANCELLATION {,r-::{..,.: ..: } .aa: r:>
:. CERTIFICATE HOLDER :}...} ...... ...... ..:. ::. ...:. {:.?n { f: �3fi =«:< ,:-.JY.>:�, sin: >` -'
SHOULD ANY OF THE trABOVE{+DESCRIBED POLICIES BE}CANCELLED 41BEFORE THE i3!
CITY OF HUNTINGTON BEACH ^:: EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 5NM$ftUW.3aMAIL 30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
= 200 ;FAIN ST.
P.O. sox 190
HUNTINGTON BEACH, CA 92648 # Authorized Representative
C-01 AJG 6186
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. .
6
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following.,
COMMERCIAL GENERAL, LIASII ITY COVERAGE PART,
SCHEDULE
Name of Person or Organizatlonr
CITY OF HUNTINGTON BEACH STREET RESURFACING GARFIELD AVE
200 MAIN ST, CC--815
P.O. BOX 190
HUNTINGTON BEACH, CA 92648
(if no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization snown in the
Schedule, but only with respect to liability arising out of "your work" for that insured by or for you,
A P-_P R COV ED AS 0 107.
GA u uUTT'0 ?9 CI-',;y r u:..,�..
:By.- Dep-uty City AttOrrla F
� o z'7' -
td 10/10/89
CG 2010 1165 Copyright. Insurance Services Office, Inc„ 1984 0
THIS SHOULD BE FRAMED AND MUST BE CONSPICUOUSLY DISPLAYED
STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS
OFFICE OF THE DIRECTOR
Nun 11.30
CERTIFICATE OF CONSENT TO SELF-,INSURE
THIS IS TO CERTIFY, That:.=Y_?I CONTRACTING COIVANY eg1=�fflrn
has complied with the requirements, of the Di-rector of Industrial Relations under the provisions of
Sections 3700 to 3705, inclusive, of the Labor Code of the State of California and is hereby granted this
Certificate of Consent to Self-Insure.
This i�gate may be revoked at any time for good cause shown.
y, E i=F1:GT1 YE:
DEPART T OF INDUSTRIA LATIONS
�,
• F HE STATE OF)AL196RN1A
�,� . ' ✓ r: THE I-St DAY OFF J12—:y . . 19, 8 •9
7-O A T T1 VIAL
TGA
Ae:, 10 FOR14:
C; <:1 IIIC'i`I`O 1y City Attorney
RICfiARD S. ANI3ERSON MANACEfp 1JG�l It cy C:i;ty Attorney
Revo rtificate.--"A ecrti5cate of.consent to self-insure may be revoked by the Director of Industrial Relations at any time for good cause after a
hearing. Good cause includes, among other things, the imppairment of the solvency of such employer, t}fe inability of the employer to fulfill his obligations, or the
practice by such employer or his agent in charge of the•atSministiation of obligations under this division of any of the following: (a) Habitually and as a matter of
practice and custom inducing claimants for compensation to accept less than the compensation due or making it necessary for them to resort to proceedings
against the employer to secure the compensation due; (b) Discharging his compensation oblivations in a dishonest manner, (c) Discharging his compensation
obligations in such a manner as to cause injury to the public or those dealing with him." (Section 3702 of Labor Code.) The Certificate may be revoked for
noncompliance with Title 8 California Administrative Code, Croup 2---Administration of Self-Insurance.
Supersedes CertiTicate No. 0048-;Ep issued to SULLY—MILLER CONTRACTING COMPANY on August 22f 1973 and
Certificate No. 1130 on October 1 1 b
r-onx A-4-10
f RECEIVED BY: / f
TrJeasurer's Office
DATE: Tuesday, Sept' per 3, 1992 2 p.m.
ENGINEER'S ESTLMATE: $220,000 PRCk= ENGINEER Eric Charlonne
JOB AND CC MMBER: G,ARFIEID AVENUE, Beach Boulevard to Newland Street; CC-815
1. All American Asphalt
2. Bear Valley Pavincj Q
3. Boral Resources 137,
4. Clayton En ineerin
5. E. C. Construction
6. Excel Paving
7. Griffith Campany /
8. L and W r'7i ineer n
9. Manhole Adjustment
10. R. J. Nable 0
11. Paladin Construction /
12. Pave-nent Recycling
13. Shat:nan Corporation / 00
14. Smithson Electric
15. Steiny and Company
16. Sully-Mi.11ex 1340 6-9 91
17. Sylvia Construction Z qL$`
18. Tri-Counties Sandblastin
m.
i SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
SWECO'D HOME OFFICE: SAFECO PLAZA
SEATTLE. WASHINGTON 98185
BID BOND BOND NO. 562 73 59
Conforms with The American Institute of Architects,
A.I.A. Document No. A-310
KNOW ALL BY THESE PRESENTS, That we, ALL AMERICAN ASPI ALT
as Principal,hereinafter called the Principal,
and the SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the
laws of the State of Washington,as Surety,hereinafter called the Surety,are held and firmly bound unto
CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee,
in the sum of TEN PERCENT OF THE TOTAL BID IN----------------------------------
Dollars (S 10% of Total Bid ), for the payment of which sum well and truly to be made, the said Principal and the said
Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, the Principal has submitted a bid for
STREET RESURFACING OF GARFIELD AVENUE FROM BEACH BLVD TO NMgLAND STREET
CASH CONTRACT NO. 815 and AHF'P NO. 1308
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with goad and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter 4
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain
infull force and effect.
Signed and sealed this 24th day of AUGUST , 19 92 .
ALL AMERICActi ASPHALT (Seal)
BID DATE: SEPTEMBER 3, 1992 Principal
Witness
Title
;SAFECO INSURANCE O ANY OF AMERICA
eWitness
Attorney-in-Pact
N M. BROWN
OWEN M BROWN INS OO Registered trademark of SAFECO Corporation.
3-54/EP 10190 PRINTED IN U.S.A.
POWER SAFECO INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: PLAZA
SEA7TLE,Ub'ASHINGASHINGTON 98185
SAFECO t
No 9164
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint
---------------------------OUTEN M. BROUTN, Anaheim, California-----------------------
its true and lawful atiorney(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business, and to bind
SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its
regularly elected officers at its home office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this Z 1 th day of May 19 89
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile.On any
instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof, may be
impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970,
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing
extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of.Attorney issued
pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 24th day of AUGUST 19 92
S-s3P0 R5 3'86 PR!h'TEC IN L!5
California:
BID BONDtBic 23172 Plaza Pointe Drive,Suite 185
LaguCBIC BONDING�AND (714)7 Hills,30-9333, 92653
714} (800)274-C91C
INSURANCE COMPANY National WATS:(800)426-9949
Bond No. CA0058
Premium included in Bid Bond
Service Undertaking.
KNOW ALL LIEN BY THESE PRESENTS:
That we,BEAR VALLEY PAVING , INC.
as Principal, (hereinafter called the "Principal"), and CBIC Bonding and Insurance Company of Seattle, Washington, a
corporation duly 6rganized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety"), are
held firmly bound unto CITY OF HUNTINGTON BEACH
in the sum of
TEN PERCENT OF AMOUNT BID - ---as Obligee, (hereinafter called the "Obligee"),
not to exceed Y-FOUR THOUSAND SEVEN HUNDRED FIFTY AND CIO Dollars
($ 24,750.00 ___ }, for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, the Principal has submitted a bid for
STREET RESURFACING OF GARFIELD AVE. FROM BEACH BLVD. TO NEK AND STREET
BID DATE•9 3 92
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding
or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
into such contract and give such bond or bonds, if the Principal shah pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this 31 ST day of AUGUST A.D. 19 92
BEAR VALLEY PAVING, INC.
(Seal)
�
J 955202. 0 pri j COMM. 1w955202 � !
f LO&AN OELE 3CilS31�Y }
MY Cemm.Expires Feb 6. 1996
Title
CBIC Bonding and Insurance Company
Surety
i �-
B (Seal)
Witness SUSAN A. EAGLE L Attorney-in-Fact
WC8S1.03-C4082289
C
�� fice:
timted 1213 Valle: Street
Power of Attorney P.O. Box 9271
CHIC BONDING AND � Y Seattle,WA 98109-0271
INSURANCE COMPANY (206)622-7053
KtiO:VALL MEN BY THESE P.RESEr:-St^z!C31C BONDING AND INSURANCE COh.PANY.aoC xo:atioadcrrCrg3-EzE7a,cEx-sting aide thelav v t:`.eS:afEv`L";ashiiC:v'.andhav:rcitspincipa!ofli e
:r.Sez:tle,Ki�c Ceanty,ti4zs`,inatoe.d-_s by thE�-^reszn'a m?:tc.c.^ns;:.ula and a-x:r.:SUSANA G ! ;a �- .EA •_E.et Lacada�-1.fs.,",aiifomi2,i15 f=;�e acv:a'+�'tu al:cmey;n'ct.x�,r iul:�h•..r and acth...it�h?-2;.y
coif=rred in ri=name, ace add stood.!c execite-aJnowledge and da:ivar:1)SBA guaranteed pe,f--rrranr and-r-e horns no;exceedino the Denal sum of S1250.000:j2'bid bands fo:jo.s wrere,
tie Contra.is awarded.the SBAoiFranteeJ vercrm3r.F arad'oraayment bends;w;I no'exceed 51.250.000:2 al!-the ^.ds v,Jed and c!assf:eV by the 5-retyAssociation olAme-ca in i.,Rate ll anual
of Fid ity,Forgery and Sa ety B-nds;rrd.;d:ng at =amendments Cdar=-to;as wdic:al,G nira-E fexc:ud D o o k!;soellaee%is,'ioense and Perm;t,and Federal net ex-eedmo the penal sum of
S2A00;J00;f4j 5 d bC ds for jobs wrihEn pursu3n.to ih=_cut erity in dacse i3j above where,if the vcd:ra 1 is awarded fnE pero:.nance zrcror paymeri bonds)x!I not exa ed 52,000;000-;and 15 as ether
bonds rot r>r ee3iny the gal=_u^of 5500;7D0.::Iro..ded.however.that SUSAN A.=_AvLE is granted xa=_r and aufh>i?J ie exceed Eba zpp:ivzb'. ar:I m';;rE:ioJ3iy Se',torh for any bor.J is an a~Cunt
eccal to the a^cum of any'e"er 0:credit.or S m:Ia•Security.re-eived as oo=lateral securi-y dr t`.e Company as an inCu_eT=--n':0 isS-e the bind:and to bind the Company thereby as fully and to the same_extent.
as if such b-nds were sign-Ed by the President sea ec with the corpo.ate seal of the Company and duly a1esteJ b s Sep e:ar:hereby,ali yiiv a-id c:^firm•ng 0 that the Seed aiDme f-iri-fac:may co is the
prem'ses.Said appoin;mary is made under and mr aafhowy 4 the c!;csing resal ,ors adopter by the Beard o`Di•e,.--s o.,-e CBI,BONDING AND!NSURANCE7 CCIMDANY on 'a-).ay 15,1 P91:
RESOLVED;:a:trePres:cen'isaalh-rzedtoappo:r;asat-ore,•in-favcf the Company SJSANA_EAGLE w^power and aahority in.sign on behalf o'the Company: ijSBAguaran:eed
peiermancea cpaymvatbo�dsrc:exceedxr:thepeial sum-cS1.253:C37:(2;b:dbg-ds'0 j.bsalere.iEihexn::a-:isa'waded.CieSBAq-azhseedperfx.darran�'o pay.^er::bard(sj
K'!I:f10t?xr [ Ode and cassifiedb 1he$ure:,r'Ass:ati-no:n-Eficain uRcef.lan_ale:rldeia'.FCr^=yanJSufE;yBands( ^Indryfa?ureamend-^cots
iherEte;as Judicial,Camara::(exclad rc b d bonds!,M;sce:laneous.Li-rinse arc Permil,arid=e_de,al no:ex;ea: the penal sum yr i4;bid bards fo,jobs a'rinen pursvanf;o
the atrho f i.n c!ause i3)above whera.if tie coatracl is awarded,t-e ce:formance add o:payment bongs)wa c-',exceed Sc^.,,30.I)M arJ;5;all vme,bonds not exceeding the Pena!SUM
of S500A00.
RESOLVED FURT4ER the,SUSA1 A.EAGLE is_rn:ed power a"d ac",^Croy to exceed the rip icablc penal i7:;se:feri!r:?h=erececing,Es!u::oa far any bend in ai amour.:equal to
the amosaf of ar..y,lecher of cred:.o-sim'lar securiy.received as co!!a:era'secu,i-:by C-e Company as ar i1,^.u�emer,1 to issue the bond.
RESOLV--D FURTHERthatthc ailhority oi tie S cwaya:heCompany:ocer:-ythaauthsni:atyFnhE`ec:ve^essdthe"o-cooing_woresoViodsinanyLimited Pewero!At:cn:eyishereby
do egated to the f-1-;wing persons.the_siona'are of any o:thc'ol!-x'!dg 1-bi-d the Company wd-respec;v:na authe:ff-ity and effective-ness of he fcreg-idg:asc'0on5 as:`sigded y
t-e Secretary of ne Cem.m-iv:Dor.ald S!,kin.R.L.Th!el.Barbara Tsie..Ccar_es J-Fa:skow.Steen A-Ga,es a-c Jana:K.Lorraine.
RESOLVED FURTHER iha;the signatures findid ng;er`.`m:3r. .-at.the Powe.of ArC:nay is still it iomE and Dec i of fE Presided`.Notary Publ::and pe,sort certifying authenticity and
effectiveness,and 1,ne ccrporate a'd Notary sets appearing or.any Limited Pewe-o'Attom=_y containing frrs and the iDro.g.-:i.go rescl tions may be by`.acsi.•ni:E.
RESOLVED FURTHER t-alal'reso'urn ors adcpledp-art-todayappoini!n neabove named asatomeyir•fe f-rC3!CBOND:N3ANGINSURANCEGO'.1PANYa9herovysepers=_d=_d.
IN w4TNESS WHEREOF,CB1C BONDING AND INSURANCE COMPANY has auSed these presents:o be s'gn=d b :is Prs_cent and its cow rue Sea:to be hereto z`ixed this:3th Bag of JFniay,1991.
INS
C3:C BONDING AND INS EA'�5NN XF����' ahCFr4r
q• R40RR r
..--.___'— i G: �Ora F 1./.+t •� +
S:=_red A.Gares.Pres;.enl •••'•.,1g74 .•••
STATE 0=:"dASHINGT.ON-`O:JNTY CF KING I i l �_
Om this 151h day of January.i 521,pe-s-cal v a;.reared STEVEN A.GAIN ES.to me known to ba:^a P-es_edl c:'-__ca:c,a or.Ana:executed the tvrecoidg Li ited Power 0`Atto-ne_y and,ackrinmedgec sa'd
Limite-Ppwe,crAttorrey to b?the free and vo uray a-:arc deems Cf sa-oo�o,ztion.c th=_uses ac- pop-sus fte v:r Tort ored.Er.J o,c?th stand that ha is autcarized:-exe- 1E!h=_sa L:ni:id
o'Al-cmay.
IN WITNESS WHEREOF;have he-exite se..m hand add affixed my cfficial seal the day and yea-5rs:ax:e w-i yn.
N•o:ary raven in and for 1ne Sate of U"ashinct-e.res^ o at Seal,e A
L�N9 osar,
Th undersigned.aN'rg under au,hodty ef'ne B 'D:Board C ,e ors v1 CBIC BONDING.AND INSURA ��;*RAy ps-ov" ;,as or ir.lieu o Ce1;fica:e 0` he Secretary Cf CBIC BOND'vG AND
INSURANCE COFJ PR hat the aboee and faregc dg is a fun,tr e and CCrrE:wp of the Origins:Pone R r� Company.add coas hem y further certify'iha:the said Power of Akcrvey
is slid id iem o"" �- 1y �t
..w
GIVEN udder;city h at LA HILLS CA :n-s 31 ST day of AUGUST 1 92.
P0aSE02-02-USO i1591
4810-35
4-00236
DEPARTMENT OF THE TREASURY
Fiscal Service
(Dept. Circ. 570, 1991 -- Rev. , Supp. No. 1)
SURETY COMPANIES ACCEPTABLE ON FEDERAL BONDS
Contractor's Bonding and Insurance Company
NOTICE
The above mentioned company was listed in 56 FR 30139,
July 1, 1991, as a surety company acceptable on Federal bonds.
Federal bond--approving officers are hereby notified that
Contractor's Bonding and Insurance Company is required by State
law to conduct business in the State of California as CBIC
Bonding and Insurance Company,
Federal bond-approving officers should annotate their
reference copies of Treasury Circular 570, 1991 Revision, to
indicate that CBIC Bonding and -Insurance Company is acceptable an
Federal bonds in the State of California.
Questions concerning this notice may be directed to the
Department of the Treasury, Financial Management Service, Funds
Management Division, Surety Bond Branch, Washington, D.C.- 20227 ,
telephone (202) 287--3921 or (202) 874-6850 (effec. July 27, 1991) .
Charles F. Schwan, III
Director
Funds Management Division
DATED: July 1, 1991
Certified to b¢ a
true copy or the
original.
Signed V��
hetmsos Camp"d North Anarba
PROPOSAL OR a�A Gbrnparty
BID BOND
KNOW ALL MEN BY THES@ PRESENTS, THAT WE BORAL RESOURCES, INC.
as principal, and the INSURANCE COMPANY OF NORTH AMERICA.a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania. having its principal place of business at Philadelphia,Pa.,as surety,are held
and firmly bound unto City of Huntington Beach
Mgce.in the penal sum of Ten Percent of 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, administtators, successors and assigns,jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 12th day of August A. D. 19 92
WHEREAS, the said principal is herewith submitting proposal far
Street resurfacing of Garfield Avenue from Beach Blvd. to Newland St.
Cash Contract 815 and AHFP 1308
VIE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the
contract, the said principal will within the period specified therefor, or, if no period be specified,within ten (10) days
after the notice of such award enter into a contract and give bond for the faithful performance of the contract,then this
obligation shalt be null and void, otherwise the principal and the 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 work if the latter amount be in excess of the former.in no event shall the liability hereunder
exceed the penal Burr.hetcof.
PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT. that any suits at law or proceedings in equity
brought or to be brought against the Surety to recover any claim hereunder mutt be instituted and service had upon the
Surety within ninety(90)days after the acceptance of said bid of the Principal by the Obligee.
................ .......................
'?� !/.. �C.Cc��: !.r�.................................
INSURANCE COMPANY OF NORTH AMERICA
By `.:.y .._1..,..�.�:�:..!�jL.`z..:....... ................
f Attorney-in—Pact
" ,• Ev lyrYDenihan
SSISANPW .nt:SA
POWER OF Insurance Company of North AmedL 405412
ATTORNEY o OGNA company
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth
of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, adopted by the Board of
Directors of the said Company,on December 5, 1983,to wit:
`RESOLVED, That pursuant to Articles 3.18 and 5.1 of the By-Laws, the following Rules shall govem the execution for the Company of bonds, undertakings, recognzances,
contracts and otter writings in the nature thereof:
(1) That the President.any Senior Vice President,any Vice President.any Assistant Vice President•or any Attorney-in•Fact•may sx9=9 for and on behalf of the company any and all bonds.
undertakings.recognizances,contracts and other writings in the nature thereof,the same to be atfasfad when necessary by the Corporate Secretary,or any Assistant Corporate Secretary,and
the seat of the Company affixed thereto;and that the President,arty Senior Vice President,any Vice Presidant or arty Assistant Vice President may appoint and authorize any other officer
(elected or appointed)of the Company,and Attorneys-in-Fact to so execute or attest to the execution of ail such writings on behalf of the Company and to affix the seat of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in arty case as though signed by the President and attested to by the Corporate Secretary.
(3) The signature of the President,or a Senior Vice PreedenL or a Vice President,or any Assistant Vice President and the seal of the Company may be affixed by facsimile on any power of attorney
granted pursuant to this Resolution,and the signature of a certifying Officer and the seal of the Company may be affixed by facsimile to any certificate of any such power,and any such power or
certificate bearing such facsimile signature and seat shall be valid and binding on the Company.
(4) Such otter officers of the Company,and Attomeys-in•Fact shall have authority to certify or verify copies of this Resolution,the By-Laws of the Company and any affidavit or record of the
Company necessary to the discharge of their duties.
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolutions of the Board of Directors adopted an June 9.1953,May 28,1975 and March 23,1977.'
does hereby nominate,constitute and appoint JEAN L. WILLCOX, EVELYN DENIHAN, and PAMELA L. JACOBS, all of
the City of Los Angeles, State of California------------------------------------------------
O
a ---------------------------------------------------r------each individually if there be more than one
O
-3 named its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds,
undertakings,recognizances,contracts and other writings in the nature thereof in penalties not exceeding TEN MILLION---------
CC ------------------------------------------------DOLLARS($ 10,000,000. ) each,and the execution of
}:co such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed
=p cis and acknowledged by the regularly elected officers of the Company at its principal office.
O O ,
CD IN WITNESS WHEREOF, the said R. E. Giveans, Vice-President, has hereunto subscribed his name and affixed the
O— corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 5 th
CZ
tv > day of August 1991
N .a "'•. INSURANCE COMPANY OF NORTH AMERICA
lz�� e W
O c
O L "
O R.E.G)VEANS,Vice President
O m COMMONWEALTH OF PENNSYLVANIA
O CZ COUNTY OF PHILADELPHIA ss.
j On this 5th day of August A.D.19 91 ,before me,a Notary Public of
c,%20 the Commonwealth of Pennsylvania in and for the County of Philadelphia came R.E.Giveans,Vice-President of the INSURANCE COMPANY
O OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged
i (D
O O that he executed the same and that the seal affixed to the preceding instrument is the corporate seal of said Company that the said
corporate seal signature were duly affixed by the authority and direction of the said corporation,and that Resolution, adopted by the
Board o\ rFye��fLf,fpany,referred to in the preceding instrument,is now in force.
U \���� 8 }MOfX1' EOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year
co
O first�bov
_ ,V ' = NOTARIAL SEAL
O JULIAANNA ROHANA, Notary Public
z V OF =t4 = Philadelphia,Philadelphia County
My Commission Expires Aug.20, 1 Notary Public
1, the un1�erP of INSURANCE COMPANY OF NORTH AMERICA,do hereby certify that the original POWER OF ATTORNEY,of j
which the forego! is all!IRie1and correct copy,is in full force and effect. 1
In witness whereof, I have hereunto subscribed my name as Secretary, and affixed the corporate seal of the Corporation, this
12th day of August 19 99,
Darryl F.Taylor Secretary
•• THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER May 6, 1994
BS-33363b Ptd. in U.S.A.
a -S
pBond No.................................
Fidelity and Deposit Company
HOME OFFICE OF M ARYLAND BALTI-ITORE, MD. 21203
Ban BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,---E__Q. C.OyuSTRUCT.101L.COa,.._IhiC,...............................................................................................................
................ as Principal, (hereinafter called the "Principal"), and
the FIDLIT1 AND roszr CO3dPAtiY of tifAakLAvn, of Baltimore, Maryland, a corporation duly organized
under the laws of the State of Maryland, 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......107 OF BID ..........Dollars ($............................),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for....•.GARUELD__.r'VERE1-E...STREET-RESURFACING...........
CC#81S
NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into
a contract with the Obligee in accordance with the terms of such bid and give such-bond or bonds as may be
specified in the bidding or contract documents with good and sufficient surety for the faithful performance of
such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the
event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal
shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said
bid and such larger amount for which the Obligee may in good faith contract with another party to perform
the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.
i
28TH AUGUST 94,
Signed and sealed this------------------------------------------------------------day of....................................................A.D. 19----^._..
.C. CONSTRUCTION CO. ,INC.
s
r
i��.—"SEAL)
Priucipa?
Ti'ilness
1 7te
FIDELITY AND DEPOSIT COMPANY OF MARYLA-D
i surei
f
a
r
r Bzz-,�Y&2
(SEAL)
� -
il�?,Hess
EDNA E. ROBERTS, ATTORNEY—IN—FACT
A4L[Oeed by The American Inst:tut: of Architecs.
a.I.a. Document \o.A-310 Feb.uary 19i0 Edition.
9
a
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE.O_ALI ORE,MD
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF UARYIAND, a corporation of the
State of Man-land, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set
forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate,
constitute and appoint Edna E. Roberts of Pasadena, California. . . . . . . . . . . . .
q
i true and lawful agent and Attorney-in-Fact,to make,execute,seal .er,for, behalf as surety,and as its act and deed:
any and all bonds and undertakings. . . . . . . �. . . . . a�. . - . . - - . • • -
e execution of such bonds or undertakings in pars ese pre all he as binding upon said Company, as fully
and amply, to all intents and purposes, as if they had be execu acknowledged by the regularly elected officers of
the Companv at its office in Baltimore, Md., in their o oper perso
The said Assistant Secretary does hereby certify a extract 0.s,'£ortti on the reverse side hereof is a true copy of Article VI,
Section `2, of the By-Laws of said Company, an in for V
IN WITNESS WHEREOF, the said Vice-PreA t and Assisetary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND IT GO OF M RYLANU, this l 1 tb day of
September , A.D. 1991 o
FIDELITY AND DE P COMPANY OF MARYLAND
ATTEST:
.........»•...... . j ` By....................................�
........w. ... {...............
Assistant trice-President
STATE OF MARY LAND
CITY OF BAGTWORE j
On this 11 th day of September , A.D. 19 91, before the subscriber, a Notary Public of the State of
.Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant
Secretary of the FIDELITY AND DEPOSIT CO_MPA_NY OF MARYU D,to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by
me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said ins urnent by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and
year first above written.
-' CAROL J. FADER
Notary Public o mission p
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT CONTANY OF NCkRYLAND, do hereby certify that
the original Power of Attorney of which the foregoing is a.full. true ind correct copy, is in full force.and effect on the date of this
certificate;and I do further certify that the Vice-Presider;who executed the said Power of Attorney was one of the additional Vice-
Presidents specially authorized by the Board of Directo 176 appoint any'Attorney-in-Fact as provided in Article VI, Section 2, of
the By-Laws of the FIDELITY AND DEPOSIT COMPANY'OF NIA I A'VD. .
This Certificate may he signed by facsimile under ana by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT CO_MPANW OF MARYLA:IID'at a meeting duly called and held on the 16th day of July, 1969.
RESOLI'ED:"That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made
heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid
and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 28T1I
day o{ AUGUST 19 92
012-7508
-As&tant Secretary
S
4
EXTRACT FROM BY-LAB'S OF FIDELITY AND DEPOSIT CUMPA\Y OF MARYLA\D
"Article Vl.' Section 2. The Chairman of the Board,or the President,or anv Executive Lice-President,or anyof the Senior Vice-
Presidents or rice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident V ice-Presidents.
Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons
to execute on behalf of the Company Inv bonds, undertakings. recognizance" stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages.. . .and to affix the
seal of the Company thereto."
L!928h
r CHUBB GROUP OF INSURANCE COMPANIES
..�
CII- UIBlll 15- 1•,'!o:;n!a:r1 View Road. P. 0 BOX lnl;,. j%arren. N&.v Jersey 0 706 1-1615
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. Amount $
Know All Men By These Presents,
That we, Excel Paving C onp ny
(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
4 City of Huntington Beach
(hereinafter called the Obligee),
in the sum of TE'-n Percent of the total amount bid Dollars
($ 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.
I
Sealed with our seals and dated this 17 day of August ,
A. D. nineteen hundred and 92
WHEREAS, the Principal has submitted a bid, dated September 3 1992
for
Street Resurfacing of Garfield Avenue
1 Beach Boulevard to Newland Street
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 shalt be null and void, otherwise to remain in full force and effect.
Excel Paving Coupany
Principal
� y.
C.P. Brown President
FEDERAL INSURANCE COMPANY
17
By ,
lug as pp Att&tmy in Fact
MINTED
Form 1"2-0002(Rey a90) LF17WS ftW 11'PA
POWER OF ATTORNEY
Knot)all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora-
)n, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of
anta Ana, California --___________________________________________________
ich 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
ereon or otherwise, bonds of any of the following classes, to wit:
1. Bonds and Undertakings(other than Bail Bonds)filed in any suit,matter or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doing
or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs
or internal Revenue;License and Permit Bands 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;Base bonds,Workers'Compensation bonds,
Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
in Wltrim Whatnot,the said FEDERAL INSURANCE COMPANY has,pursuant to its By-Laws,Caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal
t>e hereto affixed this 20th clay of July 19 92
rporate Seal
�te'`nANCF
c
FEOERA SURANCE COMPANY -
s .; By
� i
es D Dixon
Rieha D.O' nnc Vice President
Assistant ry'
ATE OF NEW JERSEY
aunty of Somerset SS.
Dn this day Of 'to ,before me personally Game Richard D.O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE
)MPANY,the corporation described in and which executed the foregoing Power of Attorney,and the said Richard D.O'Connor being by me duly sworn,did depose and say that he is Assistant Secretary of the
:DERAL INSURANCE COMPANY and knows the corporate troll thereof;that the seal affixed to the foregoing Pwrer of Anomey is such corporate seal and was thereto affixed by authority of the By-Laws of said
mpany,and that he signed said Power of Atiomey as Assistant Secretary of said Company by like authority:and that he is acquainted with James D_Dixon and knows him to be the Mice President of said Company.
J that the signature of said James D.Dixon subscribed to said Power of Attorney is in the genuine handwriting of saki James D.Dixon and was thereto subscribed by authority or said By Laws and in dopment's presence_
�tarial
AClmowledged and Swom to before me
On the date able '.en.
( rl`T i
Natary Public
CERTIFICATION Notary
A. SCE.!O tc
Notary PU,Mic. 5i:-•- rfew
Jersey
-ATE y of Somerset No )
�unl NEW JERSEY SS. CommisSion Er=.,_. 0,1-__-r 2, 1994
the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board or Directors
ncarcn 2. r9W and that this Br-La-is in full fore and ettecs.
- 'iARnCLE xVlll-
Section 2.Aft bonds,undertakings,coirttaets arid other instruments other than as above for and on behalf of the Company which dt is auttlorized by law or its charter to execute.may and shall be executed
in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President,Ontly with the Secretary or an Assistant Secretary,under their respective
designations.except that any one'6r m m ore officers or attoeysin-fay rty designated in a resolution of the Board of DireclDrs or the Executive Committee,or in any power of attorney executed as provided
to.in Section 3 below,may execule arty such bond.undertaking or other obligation as provided in such resolution of power or.attorney.
Section 3 All powers or attotrrey for and do behalf VR the Company may and shall be mte"d in the name"on behalf of the Company.either by the Chaim-Lan or the Vice Chairman or the President Of a Vice President
o-an Assistant Vice President,Ontywiih the secietaryoi an Assismnt Secretary.under their respective designations.The signature of such officers may be engraved.primed or lithographed.The signature of each
o!the following of"m Chairman;Vrce'Ciiiirinan,President,arty Vice President,any Assistant Vice President.any Secretary.any Assistant Secretary and the seal of the Company may be affixed by facsimile to any
power of attorney,or to any certiricatti relating ttierato appointing Assistarn Secretaries or Artomeys-in-Fael for purposes only of exacuting and attesting bonds and undertakings ant other writings obligatory in the nature
thereo!,and any such power of attomey or certificate boiling such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached:'
k ix151
!urther certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidetiry and surety business in each of the States of the United States of America.District of Columbia.Puerto Rica and each of the
winces of Canada with the exception of Prinee Edward Island;and is also duly licensed to become sore surety on bonds,undertakings,etc.,permitted or required by law.
.the undersigned Assistant So cretaryof FEDERAL INSURANCE COMPANY,do hereby certify that the foregoing Power of Attorney is in full force and stfe:t-
3iven under my hand and the aeadof Said Company w Warren,NJ.,this 17 dayof Augustt9 92
rpor
`��SU ANCF
A r Lr0 Assbstsm Secretary
r,7.
Nit - M1
If
`rYDfAt1P
PRrN1Ep
m 15-10-01 ev 4-901 GENERAL(FORMERLY 21-14g333) u5,c
f
RELIANCE INSURANCE COMPANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
BOND NO: U953378
BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.I.A. DOCUMENT NO. A-310 (FEB. 1970 ED.1
KNOW ALL BY THESE PRESENTS, that we OR I FF I TH COMPANY
as Principal, hereinafter called the Principal, and the RELIANCE INSURANCE COMPANY of Philadelphia,
Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania, as Surety, hereinafter
called the Surety, are held and firmly bound unto C 1 TY OF HUNT I NGTON BEACH
as Obligee, hereinafter called the Obligee, In the sum of
TEN PERCENT OF THE AMOUNT BID--- Dollars ($lo% },
for the payment of which sum well and truly to be made, the said principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for CASH CONTRACT NO. 815, STREET RESURFACING
OF GARFIELD AVENUE FROM BEACH BOULEVARD TO NEWLAND STREET , AHFP NO. 1308 IN
THE CITY OF HUNTINGTON BEACH
NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter Into a
Contract with the Obligee In accordance with the terms of such bid, and give such band or bonds as may be
specified In the bidding or Contract Documents with good and sufficient surety for the faithful performance of
such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the
event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall
pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid
and such larger amount for which the Obligee may in good faith contract with another party to perform the
Work covered by sold bid, then this obligation shall be null and void, otherwise to remain in full force and
effect.
Signed and sealed this 27TH day of AUGUST A.D. 1992
GRIFFITH COMPANY
(Principal) (Seal)
(Wilness) � THO� VICE PRESIDENT
S.�c E
(Title)
RELIANCE INSURANCE COMPANY
BBR-2305 Ed. 10-73 WENOY E(EZU I D,ENHOUT, ATTORNEY—.N-FACT
SG-22591BP 5190
PREMIUM -NIL-
GRIfftTH CGMPAIt k
RELIANCE INSURANCE COMPANY
1 HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POVIER OF ATTORNEY
KNOW ALL MEN BY'THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a cofporatior, duly organized under the laws of the State of
Pennsylvania.does hereby make,constitute and appoint
WENDY BEZUIDENHOUT of RIVERSIDE, CALIFORNIA ---------
its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP ----------
and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings
obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other
of such officers,and hereby reifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Arllole Vli of the By-Laws of RELIANCE INSURANCE COMPANY which became
effective September 7,1978.which provisions are now in full force and effect,reading as follows:
ARTICLE VII—EXECUTION OF BONDS AND UNDERTAKINGS
1. The Board of Directors,the President the Chairman of the Board,any Senior Vice President any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to(a)appoint Attorneys-in-Fact and to authorize them to execute
on behalf of the Company,bonds and undertakings.recognizances,contracts of indemnity and other writings obligatory in the nature thereof, and (b)
to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
2. Attorneys-in-Fact shall have power and authority,subject to the terms and limitations of the power of attorney issued to them,to execute
and deliver on behalf of the Cumpany,bonds and undertakings,recognizances.contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory
in the nature thereof.
3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds,recognizances,contracts of indem-
nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and
to copies of the By-Laws of the Company or any article or section thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the 3oard,of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the S!h day of June, 1979,at which a quorum was present and said Resolution has not been
amended or repealed:
"Resolved,that the signatures of such directors and offices and the seal of the Company may be affixed to any such power
of anomey or any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such
facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect
to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF,the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and is corporate seal
to be hereto affixed,this 11th day of October 19 91
RELIANCE INSURANCE COMPANY
�}k Vice President
STATEOF Washington
COUNTY OF King ss.
On this 11th day of )1 October ,19 91 personally appeared Lawrence W. Carlstrom
l
to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, a ackn 'edged:
edged that he executed'and attested the foregoing
instrlment and affixed the seal of said corporation thereto,and that Article V11, Secti n 1. 2. and of the By-Laws of said Company and the Resolu-
tion,set forth therein,are still in full force. i
My Commission Expires: a� s
May 15 '19 94 t;otary Public in and for State of a sh i ng , n
4 xa_
Residing at Tacoma
I, Marjorie S . Hansen Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above
and foregoing is a true and correct copy of a Power of Attorney executed by said RELIANCE INSJRANCE COMPANY. which is still in full force and
effect
IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the seal of said Company this f A UST 19 9
2.
Assistant Secretary f
t3:JR•t43t Ed.6iT9 * /� GRIFFITH COMPAN a�rie S. Hansen
CHUBB GROUP OF INSURANCE COMPANIES
IL
FEDERAL. INSURANCE COMPANY
BID BOND
Bond No. B-81271551 Amount $ 10
Know All Men By These Presents,
That we,
R.J. NOBLE COMPANY
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH (hereinafter called the Obligee),
in the sum of ** TEN PERCENT OF THE AMOUNT BID** Dollars
($ 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 14th day of AUGUST ,
A. D. nineteen hundred and NINETY TWO
WHEREAS, the Principal has submitted a bid, dated SEPTF-%IBER 3 19 92 ,
for
GARFIELD AVENUE STREET RESURFACING ( (B) CC--815)
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, dof 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.
i
R.J. NOBLE COMPANY
Principal
0(�& k
By:
PAUL H. CLEARY, JR. , PRESIDENT
r:.
FEDERAL INSUI.,A�NCE COMPANY
By M ICHA 'L . STON , -TTOPa r IN FACT
14
• V
P�ih'MD
Form 15-02-0002(Rev.4-90) h:24705(2UA) U f q.
POWER OF ATTORNEY
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora-
tion, has constituted and appointed, and does hereby constitute and appoint Michael D. Stong, Michael A. Quigley and Carrie
L. Price of Riverside, 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:
1 Bonds and Undertakings(other than Bail Bonds)filed in any suit,matter or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doing
or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs
or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State,City,Town,Village,Board
or other body or organization,public or private;bonds to Transportation Companies,Lost Instrument bonds;Lease bonds,Workers'Compensation bonds,
Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Witness Whereof,the said FEDERAL INSURANCE COMPANY has,pursuant to Its By-Laws,caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal
to be hereto affixed this 1st day of May 1990
Corporate Seal
`�SII.RA/l►c.�
AW
93 �p FEDERAL INSURANCE COMPANY
W a By
* � ,
�Id 'Connor rixon
Vice President
atant Secretary
STATE OF NEW JERSEY l
SS.
County of Somerset }
On this 1 S t day of May 19 9 0 ,before me personally came Richard D O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE
COMPANY.the corporation described in and which executed the foregoing Power of Attorney and the said Richard D O'Connor being by me duly sworn,did depose and say that he is Assistant Secretary of the
FEDERAL INSURANCE COMPANY and knows the corporate seal thereof,that the seal affixed to the foregoing Paver of Attorney is such corporate seal and was thereto affixed by authority of the By-laws of said.
Company,and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority,and that he is acquainted with James D Dixon and knows him to be the Vice President of sax)Company,
and that the signature of said James D Dixon subscribed to said Power of Attorney is in the genuine handwriting of said James D Dixon and was thereto subscribed by authority of said By-Laws and in deponent's presence
Ca Acknowledged and Sworn to before me
on the date above wri-ten
Notary Public
NIGOLETTE T. PASCULU
CERTIFICATION Notary Public, state of New Jersey
No. 2066518
STATE OF NEW JERSEY Ss Commission Expires October 2, 1994
County of Somerset
I,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby,certity,that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors
on March 2,1990 and that this By-Law is in full force and effect
"ARTICLE XV111-
Section 2 Ali bonds,undertakings,contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed
in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President,p ritiy with the Secretary or an Assistant Secretary,under their respective
designatons,except that arty one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Commmee,or in any power of attorney executed as provided
for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or paver of attorney '
Section 3 AN powers of anomey for and on behalf of the Company may and shall be executed mew name and on behalf of the Company,either by the Chairman or the Vice Chairman or the President or a Vice PrasKW
or an Asaotam Vice President,pinty with the Secretary or an Assistant Secretary,under their respect"designations The signature of such officers may be engraved,primed or lithographed'The signature d each
of the following officers-Chairman,Vice Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsrmib to any
paver of anorney Or to any certificate relating thereto aPPointing Assistant Seoretanes or AnDrrxeys-infacl for purposes only of executing and a de sting bonds and undertalungs and other wrings obligatory in the nature
thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Comparry and any such paver so a acuted and certified by such tanmt➢e
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached"
I turther oert fy that said FEDERAL INSURANCE COMPANY is duty licensed to transact fidelity and surety business in each of the States of the United States of America,District of Columbia,Puerlo Rico,and each of the
Provinces of Canada with the exception of Prince Edward Island;and is also duty licensed to become sole surety on bonds,undertakings,etc,permitted or required by law
1,the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY,do hereby certrythat the foregoing Power of Attorney is in full force and effect. "
Given under my hand and the seal of said Company at Warren,N.J.,this 14 th d aY of AUGUST 79 92
nO Assistant Secretary
a
* Y
�DtANw PRWTED
Form21.1 ev 4-90iGENERAL U A
_
A ERI MOTORISTS INSURANCE CQM?ANY
RID BOND
KNOW ALL MEN GY T�ESE �RES�NTS: THAT WE, PALADIN C2NSTRUCTION INC.
AS PRINCIPAL , AND THE sAMERICAN MOTORISTS INSURANCE COMPANY, A CORPORATI7°
ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF ILLIMOIS , AND
AUTHORIZED TO D3 BUSINESS IN THE ST07E 05 CALIFORNIA AS SURETY , ARE HEL7�
AND FIRMLY U�TJ CITY OF HUNTINBTUN BEACH
AS OELIGEE. IN THE ShlM OF 10% OF THE TOTAL AMOUNT BID NOT TO knl�l
TWENTY SEVEN THOUSAND FIVE HUNDRED $27 , 500. 00 DOLLAR :- '
L��F�L MOKEY OF THE UNITED STA-ES OF AMERICA , TO THE PAYMENT OF WHICH
WELL ANI� TR-ULY BE MADE . THE oRINCIPAL AND SURETY BIND THEMSELVES, THY ! :::
AND EACH OF 14EIR HEIRS, EXECUTORS, ADMINISTRPT3RS, SUCCESSCPS AND ASSIS 'iF
JOINTLY AND SEVERALLY BY THESE PRESENTS.
THE CONDITION OF TWIS OBLIGATION IS SUCH, THAT, IF THE OBLISEE SHALL
ANY AWARD 70 THE PRINCIPAL TOR:
STREET RESURFACING OF GARFIELD AVE =A�''
BEACA 3LVD TO NEWLAND STREET 5 815
BID DA7E: 9/3/92
ACCORDING TO THE TERMS OF THE PROPOSAL OR BID MALE BY THE PRINCIPAL THERE7 `
AND THE PRINCIPAL SHALL. DULY MADE AND ENTER INTO A CONTRACT WITH THE E1
Im ACCORDANCE WITH THE TERMS OF SAID PROPOSAL OR BID AND AWARD AND SHALL
GIVE BOND FOR THE FAITHFUL PERFORMANCE THEREOF, WITH THE AMERICAN MOTOR! 07---'�-
INSURANCE COMPANY AS SURETY OR WITH OTHER SURETY OR SURETIES APPROVED Bv 74�
OBLIGEE; OR IF THE PRINCIPAL SHALL, IN CASE OF FAILURE SO TO DO, PAY 7C —H;'--
O8LIGEE THE DAMAGES WHICH THE 02LIGEE MAY SUFFER BY REASON OF SUCH FAILUA;l�
NOT EXCEEDING THE PENALTY OF THIS BOND' THEN THIS OBLIGATION SHALL BE
AND VOID; OTHERWISE IT SHALL BE AND REMAIN IN FULL FORCE AND EFFECT.
PALADIN CONSTRUCTION INC.
SIGNED , SEALED AND DATED pl.
August 14° 1992 BY:
AMERICAN M S INSURANCE COMPANY
BY: WILLlAM XHUPPER
ATTORNE T N FACT
PLEASE DIRECT ALL CORRESPONDENCE TA
LOU 30NES & ASSOCIATES
MANAGING GENERAL AGE%TS
7470 NO. FIGdEROA ST.
LOS AMOELES , CA 90041
213-257—G291
.A WI_;RIC_W MOTORISTS INSURANCE COMPANY
HIM Office: Long Grove, IL 60049 InnaTtOnBce
companies
POWER OF ATTORNEY '
Know All Men By These Presents
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
Louis E. Jones and William J. Shu er of Los An eles
California (EACH)
Its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this polder and ending December 31, 1992, unless sooner revoked for and on
its behalf as surety, and as its act and deed:
Any and all bonds and undertakings provided the amount
of no one bond or undertakin exceeds FIVE MILLION
DOLLARS ($5,000,000.00)
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTHENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 32, 1992.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as
being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company nay appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and
held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company has caused this instrurtent to be signed and its
corporate seal to be affixed by its authorized officers, this 15 day of August , 1990 .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
F.C.MeCullough, Secretary by J.S.Kemper,111,Senior Vice President
(OVER)
L+ .
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Grace E. Condon, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known
to me to be the sane persons whose names are respectively as Senior Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared before we this day in person and severally acknowledged that they being #hereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation
and as their own free and voluntary act for the uses and purposes therein set forth.
My cawaission expires: 5-14-94 A�A�LLA�L.AL4 ALA.A-AA- Grace E. Condon, Notary Public
1 "OFFICIAL SEAL"
1 Grace E. Condon ►
1 Notary Public. Slate of Illinois lr
1 My Commission Expires 5114;94
IsftTT ICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated August 15, 1990 on behalf of the person(s) as listed on the reverse side is a
true and correct copy and that the same has been in full force and effect since the date thereof and is in full
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C.
McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motorists Insurance Company on this _ Wt#_4tS {^±'t day of , 19
N.J.Zarada, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836-5 5-90 1M PRINTED IN U.S.A.
Power of Attorney - Term
CHUBB GROUP OF INSURANCE COMPANIES
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 tailed 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 20 day of August
A. D. nineteen hundred and 92
WHEREAS, the Principal has submitted a bid, dated September 3, 11992 ,
for
Street Resurfacing of Garfield Avenue from Beach Blvd. to Newland Street
I
Cash Contract No. 815
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid
of the Principal and the Principal shall eater into a contract with the Obligee in accordance with such bid arNd
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 Co or t ion
' ri cipal
By:
Thomas . Pack, Assist. Secreta y
FEDERAL INSURANCE COMPANY
By: A.4 a. L
Douglag A. Rapp Attorney in Fact
Ur
PPI-00
FOm.1 15-02-0002 1Aev-4._0) W24:05 I20M) 1:-N
POWER OF ATTORNEY
Krf vw all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, an Indiana Corpora-
tion, has constituted and appointed, and does hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of
SantaAna, 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:
1. Bonds and Undertakings(other than Bail Bonds)filed in any suit, matter or proceeding in any Court,or filed with any Sheriff or Magistrate,for the doing
or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs
or Internal Revenue;License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State,City,Town,Village,Board
or other body or organization,public or private;bonds to Transportation Companies,Lost Instrument bonds;Lease bonds,Workers'Compensation bonds,
Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
In witness whereof,the said FEDERAL INSURANCE COMPANY has,pursuant to its By-Laws,caused these presents to be signed by its Vice President and Assistant Secretary and Its corporate seal
to be hereto affixed this 20th day of July 19 92
Corporate Seal
SUoa"C4
��-- C'?
?� FEDER SURANCE COMPANY
By
D.Dixon
Riche D.O'CinniciT
Sae ry Vice President
Assistant
STATE OF NEW JERSEY SS.
ICounty of Somerset
On this day of 19 ,before me personally came Richard D.O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE
COMPANY,the corporation described in and which executed the foregoing Power of Attorney,and the said Richard D.O'Connor being by me duty sworn,did depose and say that he is Assistant Secretary of the
FEDERAL INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the foregoing Paver of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said
Company,and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;and that he is acquainted wrth James D.Dixon and knows him to be the Vice President of said Company,
and that the signature of said James D.Dixon subscribed to said Power of Attorney is in the genuine handwriting of said James D.Dixon and was thereto subscribed by authority of said By-Laws and in deponent's presence.
Notarial n
Acknowledged and Swum to before me
c�. on the date above ten.
.r Notary Public
CERTIFICATIONJANET A. SCAVONE
Notary Pub"C, fir=.': of New Jersey
l STATE OF NEW JERSEY Na I`County of Somerset SS Commission Ez .,c. Gcr_._�;r 2, 1994
I,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors
on March 2. 1990 and that this By-Law is in full force and effect.
"ARTICLE XVIII.
Section 2.All bonds,undertakings,contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed
In the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective
designations,except that any one or more officers or attorneysin-tact designated in ary resolution of the Board of Directors or the Executive Committee,or in any paver of anortey executed as provided
for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney.
Section a All powers of anomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Vice Chairman or the President or a Vice President
or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each
of the following officers:Chairman,Vice Chairman,President,arty Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by tacsimiW to any
power of attorney or to any cenificate relating thereto appointing Assistant Secretaries or Attorneys4ri-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature
thereof,and arty such paver of attorney or certificate bearing such facsimile signature or facsimile seal shelf be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached"
I Whiner certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America,District of Coiumbia,Puerto Rico,and each of the
Provinces of Canada with the exception of Prince Edward Island;and is also duty licensed to become sole surety on bonds,undertakings,ate.,permitted or required by law
I.the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY,do hereby certify that the foregoing Power of Attorney is in full force and effect.
Gwen under my hand and the seal o1 said Company at Warren,NJ.,this 20 day of August ,19 92
CC151-10-01
Assistant Secretary
PRINTED
= -90)GENERAL(FORMERLY 21-10-0333) U.S A.
PREMIUM—NIL
Bond No. 0372243
G%EM i4MRICAN INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that we, SILVIA CONSTRICTION, I\C.
as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws
of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as
surety, are held and firmly bound unto, GREAT AMERICAN INSURANCE COMPANY
as obligee, in the penal sure of TEST PERCENT OF AMOUNT BID
DOLLARS ($ 1u ), lawful money of the United States of America, for the payment of which,
well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
SIGNED, sealed, and dated this 27TH day of AUGUST 19 92
WHEREAS, the said principal IS herewith submitting A proposal for
STREET RESURFACING OF GARFIELD AVE. Cc# 815 — AHFP,r 1308
NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be
awarded the said contract, and shall within SIXTY { 60 ) days after receiving notice of
such award enter into a contract and give bond for the faithful performance of the contract, then this
obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference
in money between the amount of the principal's bid and the amount for which the obligee may legally
contract with another party to perform the work, if the latter amount be in excess of the former;but in no
event shall the liability hereunder exceed the penal sum hereof._
SILVIA CONSTRUCTION, INC.
BY:
Principal
GREAT AMERICAN INSURANCE COMPANY
Bv
DAVID L. CULBERTSON Attornev-in-Fact
F.9116K (3/82) (BID FORM)
c
GTr'1T AIVERICAN INSURANCE COMPANY
The number of persons authorized by
this power of attorney is not more than No.0 13302
FIVE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and
existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named
below its true and lawful attorney-in-fact, for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and
all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said
Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L. CULBERTSON ALL OF ALL
LINDA L. CULBERTSON ANAHEIM, UNLIMITED
CHARLES L. FLAKE CALIFORNIA
DIANA LASKOWSKI
KAREN CHANDLER
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 19th day of December .19 91
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO,COUNTY OF HAMILTON —ss:
On this 19th day of December, 1991 ,before me personally appeared WILLIAM J. MANEY, to me
known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance
Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of
his office under the By-Laws of said Company,and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great
American Insurance Company by unanimous written consent dated August 20, 1979.
RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents,or any one of them, be and hereby is
authorized,from time to time, to appoint one or more Attorneys-in-Fact to execute in behalf of the Company, as surety,any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties
and the respective limits of their authority;and to revoke any such appointment at any time.
RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile
to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other
written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect
as though manually affixed
CERTIFICATION
1,RONALD C. HAYES,Assistant Secretary of the Great American Insurance Company,do hereby certify that the foregoing
Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and
effect.
Signed and sealed this 27TH day of AUGUST , 1992
S1029M 103/90)
SEABOARD SUR Y COMPANY
ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY
BOND NO: 766046(17931)
PROPOSAL. BOND PREMIUM: INCLUDED IN BBSU
Xtwty all inn by t4PSr Prp.ielits:
THAT WE, SULLY-MILLER CONTRACTING COMPANY
as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State
of New York, having its principal place of business in the City of New York, New York, as
surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH.
as obligee, in the sum of ten percent (10%) or the total amount of bid in
DOLLARS, lawful money of the United States of America, for the payment of which, well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
SIGNED, sealed and dated this 3rd day of September Ig 92
WHEREAS, the said principal is herewith submitting its proposal for
STREET REHABILITATION OF GARFIELD AVENUE FROM BEACH BL T. TO
NEWLAND STREET. CASH CONTRACT NO. 815 & AHFP NO. 1308.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal
shall be awarded the contract upon said proposal and shall within the required number of days
after the notice of such award enter into a contract and give bond for the faithful performance of
the contract, then this obligation shall be null and void; otherwise the principal and surety will pay
unto the obligee the difference in money between the amount of the bid of the said principal and
the amount for which the obligee may legally contract with another party to perform the said work
if the latter amount be in excess of the former; but in no event shall the surety's liability exceed
the penal sum hereof.
SULLY-MILLER NTRACTING COMPANY
BWer'S k ..,.� 58 Il;it _ __ _ Principal
erase('ICI. iS
e license expirat, date is �!L
28/94 Tr,4 represent Bp ..___.... _—
made herein are made C raet George M. Lubanko, Assistant Secretary
pena4y of perjury. rl,
SEABOARD SURETY ICOMFA.NLY
Form 136 Irene Lau, Attorney-in-Fact
r#ified Copy SEABOARD SURETY COMPAN' a 4
No. 11357 ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York, has
made, constituted and appointed and by these presents does make,constitute and appoint Paul C. Hughes or
Irene Lau or Cathy R. Mair
Of Costa Mesa, California
its true and lawful Attorney-in-Fact,to make,executeand deliver on its behalf insurance policies,surety bonds,undertakings and
other instruments of similar nature as follows: Limited to the amount of FIVE MILLION
($5 ,000 ,000 .00) DOLLARS
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized
officers of the Company and sealed with its corporate seal;and all the acts of said Attorney-in-Fact, pursuant to the authority
hereby given. are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said
Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect:
ARTICLE-Vif.SECTION 1:
"Policies,bonds,recognizances,stipulations,consents of surety,underwriting undertakings and instruments relating thereto.
Insu rance policies.bonds-recognizances.stipulations,consents of surety and underwriting undertakings of the Company,and releases,agreements and other
writings reWing in any way thereto or to any claim or loss thereunder,shall be signer;in the name and on behalf of the Company
(al: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-Fail 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 __.16th.....
day of..............Ju-l:y--...-.................... 19---9-2
F��tie�Trc
* Attest: SEABOA D SU ET COMPANY,
fz 1927 Y By
sja�
���.._. '- -- ------------..-
Ass. t ecretary Vice-President
STATE OF NEW JERSEY ss.:
COUNTY OF SOMERSET
On this-------..16th.......... day of ------------- ----- July..---------------....................., 19.. 2. before me personally appeared
--•...................Mz ha�3.--8., ..Keegan-------.-_-- .................. ...........................
...
. . a Vice-President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted,who, being by me duly sworn, said that he resides in the State of .New.-Jers.ey., -,
that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the foregoing
instrurlisnt;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate sea(;
that i#vvas so affixed by order of the Board of Directors of said Company;and that 1 his name as Vice-President of
said Company by like authority.
LiNDA SME-f HERS
_Y
(Seal) o- ;:n ?= NOtARY Pt1�L1c res s.e/S.t996
'�
My Comm ssion -X Notary Public
ell
`- CE TI FIB E
�
l,theundersi ssistant Secretary of SEABOARD SURETY C . ANY doh certify that!he oriainal Power of Attorney of which,the foreaoingis
a full,true and correct copy,is in iull force and effect on the Bate of this Certificate and I do further certify that the Vice-President who executed the said Power of
Altorney-ivas one of the Officers authorized by the Board of Directors to appoint an attorney-in-iact as provided in Article VI1,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;he Board of
Directors of SEABOARD SURETY COMPANY at a meetinc duly called and held on the 25th day of March 1970.
"RESOLVED 12) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on any
certificai;on of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article V11.Section 1,of the By-Laws
appointing and authorizing ar,. attorney-ir.-fact to sign in the name and on behalf of the Company surety bonds. underwriting undertakings or other
instruments described in said Article V11,Section t,wit.1] 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
........3rd.---. day of $!-p: ember 19.92 c ....... ........ ...... .... .... ............ ..
.........
Iv 1927 4
Assistant Secretary
Or w Form9,-, ;Rev-':$�:
SECTION C
PROPOSAL
for the
STREET RESURFACING OF GARFIELD AVENUE
from
BEACH BOULEVARD to NEWLAND STREET
CASH CONTRACT No. 815 and AHFP No. 1308
in the
CITY OF HUNTINGTON BEACH
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF
HUNTINGTON BEACH:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees
to perform all the work therein described, and to furnish all labor, material, equipment and
incident insurance necessary therefor, in accordance with the plans and specifications on file in
the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to
perform the work therein to the satisfaction of and under the supervision of the City Engineer
of the City of Huntington Beach, and to enter into a contract at the following prices. The
undersigned agrees to complete the work within 60 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all
C-1
A
r
bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices
shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,
the proceeds of the security accompanying this bid shall become the property of the AGENCY
and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and
void.
Accompanying this proposal of bid, find "Bidder's Bond'1n the amount of$ 10%,
which said amount is not less than 10% of the aggregate of the total bid price, as required by
the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash",
"Certified Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda Yo Z}gte Received Binder X. ignature
C-2
bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices
shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,
the proceeds of the security accompanying this bid shall become the property of the AGENCY
and this bid and the acceptance hereof may, at the AGENCY'S option, be considered nuII and
void.
Accompanying this proposal of bid, find "Bidder's BonWin the amount of $ 10%
which said amount is not less than 10% of the aggregate of the total bid price, as required by
the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash",
"Certified Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda N� I)ate.Recerved Bidder s'Signarure
C-2
PROJECT BUD SCHEDULE
Iterri puce Uhif Price Extended
Estimated unit
...........
.. ........
Amount
...
whiten'.-Ifn'�:'Wor
.. .. .....
1. lump sum Mobilization
Dollars
Cents
Lump Sum
2. lump sum Traffic Control
@ Dollars 09
Cents
Lump Sum
3. lump sum Traffic Control plan prepared by Traffic
Engineer and approved by the City Traffic
Engineer
YW $ $
2—h2b oLars f
7A &A
Cents
Lump Sum
4. 570 Remove existing asphalt concrete pavin
cu yd n
Dollars
$ lam_ ��
Cents
Per cubic yard
5. 366 Construct 5"-asphalt concrete base
tons Dollars
$
Cents
Per ton /
6. 26,400 Cold Plane 5' wedge at curb
sq ft
Dollars $ 1 zlep
Cents
Per squar9/foot
C-1S
.
Rein 1 fiftiateil Item wtffi unit pnee Unit Price Extended
No Quankity Wr►tten m words Amount
7. 1,400 Cold Plane 10' wedge at pavement joins
sq ft _� �®
Dollars �
L� sIle
Cents
e uare foot
8. 2 Construct 0.80 inch concrete bus pad 'Le
each
® G✓� /� ll o
Cents
Per each
9. 2,170 Construct 0.15' asphalt concrete overlay
tons �
�,! i Dollars
�-�
Z�' 20 Cents
Per ton
10. 1,500 Seal cracked pavement
fin ft �� Dollars �j �� &7
$ 44-20
Cents
Per linear foot
11. 1,500 Reinforce sealed cracks w112" wide
fin ft PETROTAC
Dollars $
q0 1 A Cents
Per linear foot
12. 24 Adjust water valve covers to grade
each / 6
etc, G � r` d Dollars
$ t D
Cents
Per eaA
13. 12 Adjust manhole covers to grade
each
@ -&4ollars
$ / $ /
Cents
r c
C-2s
Item Estimated Item with unit price Unit Price Extended
No. Quantity written in words Amount
14. 12 Recoat sewer manholes
each ,1
Dollars r ��
Cents $ $
Per each
15. 23 Replace traffic detector loops
each TWO NuND I i TEN
Dollars
TET--b $
Cents
Per e. h
16. 1,095 ADDITIVE /DEDUCTIVE
sq ft Construct stamped concrete median
® Dollars $ $ �
Cents
Per squIrPfoot
17. 730 ADDITIVE /DEDUCTIVE
lin ft Construct 8" median curb
� 1-- 042 60.4-5 Dollars $ $
Cents
P r 1 ea foot
TOTAL AMOUNT BID IN FIGURES: . . . . . . $ 579
TOTAL AMOUNT BID IN WORDS: NE DRFb TtHeLL S1 I THQUSAN D
r g6 II AN WED l&(rY- iM: c7- 2s WjGD f7jF-ry_nVeE eOtV rs_
NOTE: Bid item numbers 16 and 17 will be included in the Total Amount Bid for determining
the low bid. But the City reserves the right to deduct this bid item and stipulated cost from the
total.
C-3s
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder
on said contract in an amount in excess of one-half of one percent of the total bid and the
portion of the work to be done by such subcontractor
Portion Name of Subcontractor and Address State License Class
of Work Number
,0 5 � (4WrrLrk-L't tfow')
T
By submission of this proposal, the Bidder certifies
1 That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing
2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds
C-3
furnished by subcontractor for this project.
NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
J.D. B1 ai r----------------- , being first duly sworn, deposes and says.that he or shac is
Assistant Secretary---- of Sully-Miller Contr. Co. the party making the foregoing
bid that,the bid is not made in the interest of, or on the behalf of, any undisclosed person,
partnership, company; association, organization, or corporation; that the bid is genuine and-not
collusive or sham; that the bidder has-not directly or indirectly 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 shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid.price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and
will not pay fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Sully-Miller Contracting Company
Name of Bidder
KiignaWrt of Bidder
J. . Blair Assistant Secretary
6145 Santiago Canyon Road. Orange. CA 92669
Address of Bidder
Subscribed and sworn to before me this 3rd. day of Sept. 19 92 .
C-4
OFFICIAL SEAL
o Alice M.English
NOTARY PURL FORMA
PRINCIPAL OFFICE RN
ORANGE COUNTY
x' Ock 2 ! 2
NOTARY PUBLIC •
NOTARY SEAL
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE
EQUAL OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS
The bidder xx proposed subcontractor , hereby certifies that he has xx has not ,
participated in a previous contract or subcontract subject to the equal opportunity clause, as
required by Executive Orders 10925, 11114, or 11246, and that he has xx , has not , filed
with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance,
a Federal,Government contracting or administering agency, or the former President's Committee
on Equal Employment Opportunity, all reports due under the applicable filing requirements.
Sully-Miller Contracting Company
Contractor
By J Blair
ssistant Secretary
ie
Date: September 3, 1992
NOTE: The above certification is required by the Equal Employment Opportunity Regulations
of the Secretary of Labor (41 CFR 60-1.7(b)(1)),and must be submitted by bidder and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are subject to the equal opportunity clause
are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under
are exempt).
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or
their implementing regulations.
Proposed prime contractors and subcontracts who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note
that 41 CFR 60-1.7(b)(1)prevents the award of contracts and subcontracts unless such contractor
submits a report covering the delinquent period of such other period specified by the Federal
Highway Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
C-5
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF HUNTINGTON BEACH, CALIFORNIA
Gentlemen:
The undersigned hereby promises and agrees that in the performance of the work specified in
the contract, known as STREET RESURFACING OF GARFIELD AVENUE, Jj)(ytR)(it) will
employ.and utilize only qualified persons, as hereinafter defined, to work in proximity to any
electrical secondary or transmission facilities. The term "Qualified Person".is defined in Title
8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with
the operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal-OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Sully-Miller Contracting Company
Contractor
By Blair
Assistant Secretary
Tit e
Date: September 3, 1992
C-6
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on
or completing a Federal, State or local government project because of a violation of law or a
safety regulation?
Yes No xx
If the answer is yes, explain the circumstances in the space provided.
NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-7
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate and shall submit same to the
AGENCY prior to performing any work on this contract:
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Sully-Miller Contracting Company
Contractor
z zi:
Py J . Blair
Assistant Secretar
Title
Date: September 3, 1992
C-8
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert .Identification Number:
Contractor
By
Title
Date:
Note: This form is required for every Ihg Alert Identification Number issued by U.S.A. during
the course of the Work. Additional forms may be obtained from the AGENCY upon request.
C-s
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Sully-Miller Contracting Company
Bidder Name
6145 Santiagq Canyon Road
Business Addres
Orange, California 92669
7.14 639-1400
Telephone Number
1538 "A"
State Contractor's License No. and Class
Jul 1 1923
Original ate Issued
February 28, 1994
Expiration Date
The work site was inspected by Jerry B1 air of our office on September 1 19 92 .
The following are persons, firms, and corporations having a principal interest in this proposal:
(PLEASE SEE ATTACHED)
C-10
SULLY-MILLED CONTRACTING COMPRNY
UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS
�opt:an►l3uIC s_0, 1.J90
Wes, Lhe undoraigned, being all of the 01rectora of Sully-Miller
Contract-LOV C0111paily, a California corporation, hOroinAftc:r
referrea to aK tlic. *'Company,'., do hereby consent r-o the ndoptiort
of the following ] au6luLlozi :
(AUTHORITY TO EXECUTE BIDS AND CONTRACT'S)
RESOLVED, that. Any officor or asslamant officer of thin
Company be and each of Lhc:1n is hereby authorized LO
execute in th4l- na111e2 AA41 or► L„aheal.f Of t-7e111 CO,I19a.ny ► 11cle3-c
iL4 co._:Pci dca noel. any fetid all propoe3ali3 for tile 0410
Of prociucca, marchandiae and rsosvicec of this Company
avid any bide and performance uonaa raquirad .Lit
collnecttl.on t hurcwl rh, Involving an amount or val.uo not
in exceas of cen million ciollare (Ylo m.kllion) In any
one Inarance to thv- Ulil.te!el :it:etGu6, arty of t:)Zt~ Sqqnt�u ,
tarr1Lc,r1es unit clopendancios of rna uni.tod States., the:
DitiCriCr- of Cal.ulnbla, Ca.tict; , townD , towrtanipa ,
cuuntios, uchoo1 Qlatrtctz ' and to L)tc dt!Paz'r1rkane:n ,
pallcical aubdiv�.ts.iona , aganciea or wholly-owrscid
c:oz;porutlonu %)terucf' or to wly Omer Poracn.
The Consent to the adoption of this resolution by tha Board of
Di.rectoru of Lhia Compatly as aforettal.ct ariall. Tie aeasnea to Da a4
tul.ly - of fuctive as if action herein authorixad had been
authurizaa Uy a mo,;�tl ng of the Board of Directors of th1r.
compalzy, duly c:allad and held, at w)tl.ch mear-ing all Of ttha
undoruigned were: pnyuicully present anti t1ta cartificaci.an of the
Sccretux-y of thi.a Company au aux.horization herein conr-clined may
be in tha form of cerr-Irying that the aforeeald resolution wcaci
adoptod by this Board Of DireCtora at a maot .ng duly Called and
)h(blet oit t:1e[3 date )jerQnf ..
IN WITNESS WHEREOF, this Consent has been duly exacut4d by tho
undaxtsa.c,)suxd o
01
T. D. ltuwnicd, Jr. Roger Lq Serpan
Roy C 'l'uL r�ur Laos 0. Allard
to ce W. m6n osnary
sncc - htalddiconsents
?, ��+ Cr.kLfbLrrLe corporation)
I110(3tpotatAd Aq 21, 1923
10014 4hrned by asator Weed Inc.
IDI 96-1214390
QUALIFIED TV,DO BUSINESS IN THL FCLL0141140 8TATM
Arizona 4.-04-73 New KakLao 6-oo--73
Colorado 6-07-72 TOX&s 10-is-91
Nevada 3-13-73 Wyon+ing 6•-o8-73
STOCK PAft" Mus S11S. AUTHORIZED $jig. 16SUC? & OUTSTAMDINO
Common stock Nana �s4r00,0 �D9,222
VIABCTORG j* 6 OltlriRns
Oohn H, Wimberly Chief $xsQ«tivs officer/ChaLrman of the Board
+� VAaige H. ROMPet.eeldr III
r' OsQrge R. Johannes Vic& Pretident & phief !"inanvial Officer
* Royco R. Montgomary Vi.ae Pren}.dent.. Uene,ral Counsel & doerratary
R, gruee Rionee Presideltr
Robvrt Z, Holland VIC70 Presiden4 df oer,e,ral Manetgar
Z, v, nndersont Or, vii:e pr*m1dent & aaneral. Hanaijer, Blue Di4kMond
Anton, R. Dyck Vice Pr.-08id2nb .R uorl%ral Manetger, L1vi1=get0n-(;rahnm
Division
William J. Pauro Vire FresidesnFa5n18e/?iarketir�Qr f,lvinget:on-0�ahe�ni
rivioiont Adaiotttnb Bocratary
Uarald W. spencer Aasimtellt: Diroctvr-salsa/rtarlcetiingr Livingstan�aLal�e►m
Division
David P. Breidtke Viaq President
DMvid J, reads Vins Fzgvidollt .R Controller
J. Herbart: dauir Jr. Vice rrevldent & 'Ts;eaeorex
gteven C. Strrie nas.�,bt.ar�k ae�;retaxy
,�, D. f310.ii nbsiateEt,l socrotary
John 9, Blythe AvelfLant BecrrAtary
Ed S. ClIftpline, III Aseidtrn+: 8scrotaey
.7. V. Clements Aea!_rtant Doovatavy
Jai ry t. llines nasl,atant 8ecrv,bexr
D. F. Liter Aesiettnt: Mekcretary
b. A. Lowe+ nseietai�t Becrdbary
0, ts. Lubet�leU AeeiKternw Aouratary
Dorothy 11. Ray Ameibtant Raorm..tary r
nandal C. Asid Aealstant 8eorltary
Jill H. Plvndon Assietant SecrOary
Nioh&el A. ButtavL Asal.ntant Trealturnr
Chrkatiria P'. wubboldinq Assistant Treadurei
tsbLurry 1 , �/0�
sVLLY`D��p�O
The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their
ability, financially or otherwise, to perform the contract for the proposed work . and
improvements in accordance with the plans and specifications set forth.
Sully-Miller Contracting Company
Company Name
Sign reiff Bidder
Printed or Typed Signature
6145 Santiago Canyon Road, Orange, CA 92669
Address of Bidder
714 ) 639-1400
Telephone Number
III III Nampo
E
L
flsh
EMMA
IFORNIA
Subscribed and sworn to before me this 3rd. day of Sept. , 19� . OFFCE IN
Y
1 2
NOTARY PUBLIC
NOTARY SEAL
Listed below are the names, address and telephone numbers for three public agencies for which
the bidder has performed similar work within the past two years:
1 (PLEASE SEE ATTACHED)
Name and Address
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Complete
2.
Name and Address
Name and Telephone No. of Project Manager:
Contract Amount Type of Work Date Complete
3.
Name and Address
Name and Telephone No. of Project Manager:—
Contract Amount Type of WorkDate omp ete
C-11
r!rr
+`IF.
SULLY .- MILLER
SEALED BID 6145 SANnAGO CANYON ROAD
ORANGE,CA 92W
TO: CITY OF HUNTINGTON BEACH
CITY CLERK, SECOND FLOOR, CITY HALL
2000 MAIN STREET, HUNTINGTON BEACH, CA 92648
Bid Date: September 3, 1992 - 2:00 PM
Bid Proj : STREET REHABILITATION OF GARFIELD AVENUE FROM
BEACH BLVD. TO NEWLAND STREET
CASH CONTRACT NO. 815 & AHFP NO. 1308
IN THE CITY OF HUNTINGTON BEACH
S
I
�SEt:Et�'�43
C!TY riE..RK
r':' *�
LALW.
Os
5�ts3�`:� 1.ii3
�3N33Ul
4
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
interested in the below entitled matter. I am a
principal clerk of the HUNTINGTON BEACH PUBLIC NOTICE be b.6-1 cial, owner of the
INDEPENDENT, a newspaper of general NOTICE INVITING t any inte estthshall
ereon,receive
dreulation, printed and published in the City of SEALED BIDS for The AGENCY hereby af-
the STREET firmatively ensures that mi-
Huntington Beach, County of Orange, State of REHABILITATION nority business enterprises
OF GARFIELD AVENUE will be afforded full op-
California, and that attached Notice is a true and CASH CONTRACT No. resp nity to submit bids in
815 and AHFP No. response b this notice and
will no
complete copy as was printed and published in i 1308 In the CITY OF againstt on the cbas sat of
HUNTINGTON BEACH race, color, national origin,
the Huntington Beach and Fountain Valley PUBLIC NOTICE IS ancestry, sex, or religion in
HEREBY GIVEN that the any consideration leading
issues of said newspaper to wit the issue(s) of: CITY OF HUNTINGTON the award of contract..
BEACH, as AGENCY, in- No bid shall be consid-
vites sealed bids for the ered unless it is prepared
above-stated project and on the approved Proposal
will receive such bids in forms in conformance with
the office of the City Clerk, the Instructions to Bidders.
Second Floor, 2000 Main The bid must be ac-`
AUCTU S t 1.3 , 20 , 27 , 19,92 Street, Huntington Beach, companied by a certified
California 92648, up to the check, cashier's check , or j
hour of 2:00 on September bidder's bond made pay-
3, 1992. Bids will be pub- able to the AGENCY for an
licly open in the Council amount no less than 10%
Chambers unless other- of the amount bid.
wise posted. The successful bidder
Copies of the Plans, shall be licensed in ac- i
Specifications, and con- cordance with provisions of
tract documents are avail- the Business and Profes-
able from the Office of the sions Code and shall pos- 1
Directors of Public Works ses a State Contractor's Li- I
2000 Main Street, Hunting- tense Class at the time
ton Beach,CA 92648,upon this contact is awarded.
payment of a$25.00 nonre- The successful Contractor
fundable fee if picked up, and his subcontractor will
or payment of a $30.00 be required to posses busi-
nonrefundable fee if ness license for the
mailed. AGENCY.
Any contract entered into The AGENCY reserves the `
pursuant to this notice will right to reject any or all
incorporate the provisions bids,to waive any irregular- l
of the State Labor Code. ity and to take all bids i
Pursuant to the provisions under advisement for a
I declare, under of e u that the of the Labor Code of the maximum period of 60
�nal}�� -
P `7 t' rj •1 State of California,the min- days.
foregoing is true and t imum prevailing rate of per BY ORDER of the
� g correc diem wages for each craft, CITY COUNCIL of the
classification or type of CITY OF HUNTINGTON
workman needed to ex- BEACH CALIFORNIA
Executed on AUO U S t 27 2 ecute the contract shall be
99� those determined by the the 3 day of August
Director of Industrial Rela- 1992.
at Cost esa, California tions of the State of Califor- Attest: Connie Brock-
nia,which are on file at the Way, CITY CLERK OF
Office of the Director of THE CITY OF HUN-
Public Works, 2000 Main TINGTON BEACH
CA 9264guntington Beach, Published Huntington
Signature The AGENCY will deduct Beach-Fountain Valley In-
a 10% retention from all dependent August 13, 20,
Progress payments. The 27,1992.
Contractor may substitute 082-096
an escrow holder surety of - --
,`6!E equal value to the retention
in accordance with the pro-
visions of the California
I Government Code, Section
4590. The Contractor shall
PROOF OF PUBLICATION
r '
�113 1
_- LG
SECTION A
NOTICE WMING SEALED BIDS
for the
STREET REHABILITATION OF GAR FIELD AVENUE
CASH CONTRACT No. 815 and AHFP No. 1308
in the
CITY OF HUNTING-TON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above-stated project and will receive such bids in the
office of the City Clerk, Second Floor', 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 on September 3, 1992. Bids will be publicly open in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of
a $25.00 nonrefundable fee if picked up, or payment of a $30.00 nonrefundable fee if mailed.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the
minimum prevailing rate of per diem.wages for each craft, classification or type of workman
needed to execute the contract shall be those determined by the Director of Industrial Relations
of the State of California, which are on file at the Office of the Director of Public Works, 2000
Main Street, Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises;will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against
on the basis of race, color, national origin, ancestry, sex, or religion in any consideration
leading to the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal form's in conformance
with the Instructions to Bidders.
A-1
f R.
The bid must be accompanied by a certified check, cashier's check, or bidder's bond made
payable to the AGENCY for an amount no less than 10 io of the a,lount bid.
The successful bidder shall be licensed in accordance with provisions of the Business and
Professions Code and shall possess a State Contractor's License Class at the tirne this contract
is awarded. The successful Contractor and his subcontractors will be required to possess
business licenses from the AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take
all bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 3 day of August, 1992
Attest:
Connie Brockway
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-2
REE-QUEST FOR CITY COUNCIL ACTION
Date August 3, 1992
Submitted to: Honorable Mayor and City Council APPROVED BY CITY COU1*CIE
Submitted by: Michael T. Uberuaga, City Administr t�=
Prepared by: Louis F. Sandoval, Director of Public Works c; CIL
Subject: WARNER AVENUE BETWEEN GOTHARD STREET AND BEACH BOULEVARD
(CC-833); GARFIELD AVENUE BETWEEN BEACH BOULEVARD AND
NEWLAND STREET (CC415)
Consistent with Council Policy? [ X Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,Attachments: i GIMP/
STATEMENT OF ISSUE:
Plans and Specifications for the reconstruction and resurfacing of Garfield Avenue between
Beach Boulevard and Newland Street, and Warner Avenue between Gothard Street and
Beach Boulevard have been completed of CC-833 and CC-815.
RECOMMENDATION:
1. Approve the Plans and Specifications and authorize the Director of Public Works to
solicit bids for construction.
2. Approve the attached sample contracts, subject to award of contracts to Council
approved lowest responsive bidders.
ANALYSES:
The asphalt pavement on the subject two streets has deteriorated to a point where
maintenance requirements are increasing and rehabilitation measures are desirable at this
time. The proposed reconstruction and resurfacing will extend the service life of the
pavement another 15 years. These projects were submitted and approved for participation
in the City/County Cooperative Arterial Highway Financing Program. The Engineer's
estimate of the construction cost for each of the two projects, including P S & E design,
construction inspection, 10% contingency, and $3,000 for Change Orders is as follows:
Warner Project: $303,271.00
Garfield Project: $221,409.00
P10 5/85
Request for Council Action
CC-833 and CC-815
August 3, 1992
Page two
FUNDING SOURCE:
City/H.B. County
(Gas Tax AHFP Total
Warner Project $158,855.50 $144,415.50 $303,271.00
Garfield Project $115,954.50 $105,454.50 $221,409.00
ALTERNATIVE ACTION
Deny approval of construction and forfeit AHFP funds.
ATTACHMENTS
Vicinity Map
Sample Agreements
MTU:LFS:AAF:gd
3272g/16&17
AMtNDkENTS YESTIIIRST(R ` . AVLI CIRCULATION PLAN OF ARTERIAL
.:'C�'M,5.�tpx pATEi-CSOLUTIOX `'r
I k"WER I „ �EE= /' .� STREETS AND HIGHWAYS
'-76� 12.E :I.6•.& 4E96
-7Y Iz43 3-2:-79 4729 �+ i _ lkvJ?TED BY GTY COJNC�L
-E3j 13:C I:•,.a, 332
4 0 -
- E4 :3zz E•4•e4 e3E5
RESO''-UTION NO.436S-DEC.12.1576
J EB :396 E_7.69 EOS3 f• LEGEND:
1-6•90 Eo99 FREEWAY STREET CA?::CITY
MAJOR 45.00.0
Project Limits pR, RY 30,000
i.�r vc Fa i i �F. IAYE.
C EC=4DARY 20.000,
NOTE:
D _INES Ex:STWG R GHT CF W-ly
No K--CEii ARkY U�'IMAT Z RIGHT-Or W_
'� I i t {kS11{I , • DAS
\\ Chi I 1 I 1`►�1 !! I I'RI(. or WA) xST Sr ARcl.S \5'r!ERE NC
I
? Warner Ave.
+x•nyCR �=
! I i
i
k
-I �
�I I
l �r
J �EVLIS a'r/ 1
I yI I I4
s I fi
1
I
\ f j
\ I A'LA)!TA
ins
CITY OF `��\ x 'r
HUNTINGTON BEACH
ORANGE COUNTY CALIFORNIA
VICINITY MAP
AM E N'MmE-NITS AVE]
car CIRCULATION PLAN OF ARTERIAL
STREETS AND HIGHWAYS
79� "2A 3 ADOPTED BY CITY CCUNCL
J —G\
6.31 blo 5524 RESCLIJI NO.4363 DEC.IZ,1976
44 1 Z.2 4-4-84 �Ml
LEGEND:
"E. FREEWAY S'�i —ET CAPACITY
1-8-90 cops
fviAJOR 45.G30
PRM,AARy 30000
SECONDARY 2U00
-ET
"r NO:E
x4E 0-,Q LINtS INMICA:.-F EX157M RIGH7 OF WAY NOT NECEjjAAr_Y ULT;MA-,f ftlVHt OF WAY
'SxM LL -S 11; ZATE AREAS WERE-NO
RIG�T 0- WAY EXISTS
Urn
AVV-
t*
ARbER
i AVE.
qz
T
A fi
op IGARfLELD field Av Lie.
f
0
Project Limits
s: ' ,
ATLANU
KAIM---DN I W
17
CITY OF
HUNTINGTON BEACH
ORANGE COUNTY CALIFORNiA
VICINITY MAP
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND
FOR THE RECONSTRUCTION OF GARFIELD AVENUE
(CC-815)
THIS AGREEMENT is made and entered into on this
day of , 1992, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY, " and 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 reconstruction of Garfield Avenue in the City of Huntington
Beach; and
CONTRACTOR has been selected and is to perform said work,
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made and exchanged, the parties covenant
and agree as follows:
1. STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all
labor, plans, tools, equipment, supplies, transportation,
utilities and all other items, services and facilities necessary
to complete and construct the PROJECT in a good and workmanlike
manner.
CONTRACTOR agrees to assume the risk of all loss or
damage arising out of the nature of the PROJECT, during its
.progress or prior to acceptance, from the action of the
elements, from any unforeseen difficulties which may arise or be
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encountered in the prosecution of work, and for all other risks of
any description connected with the work, including, but not
limited to, all expenses incurred by or in consequence of the
suspension or discontinuance of work, except such as are herein
expressly stipulated to be borne by CITY, and for well and
faithfully completing the work within the stipulated time and in
the manner shown and described in this Agreement, and in
accordance with the requirements of CITY under them for the
compensation set forth in the accepted bid proposal .
However, the total compensation to be paid is to be computed
on the basis of the units of work as it is actually performed, in
accordance with the stipulated prices named in the Bid Sheet(s) .
2 . ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with
all the terms, conditions and obligations of this Agreement and
the Contract Documents (as hereinafter defined) , the location of
the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its
investigation of all such matters and is relying in no way upon
any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated
into this Agreement by this reference, with the same force and
effect as if the same were set forth at length herein, and that
CONTRACTOR and its subcontractors, if any, shall be bound by said
Contract Documents insofar as they relate in part or in any way,
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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
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
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(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 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 .
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CONTRACTOR shall prepare and obtain approval as required
by the Contract Documents for all shop drawings, details and
samples, and do all other things necessary and incidental to the
prosecution of its work in conformance with the progress schedule
set forth in the Contract Documents . CONTRACTOR shall coordinate
its work with the work of all other contractors, subcontractors
and CITY forces working on the PROJECT, in a manner that will
facilitate the efficient completion of the PROJECT and in
accordance with the terms and provisions of this Agreement. CITY
shall have complete control of the premises on which the work is
to be performed and shall have the right to decide the time and
order in which the various portions of the work shall be performed
and the priority of the work of other contractors, subcontractors
and CITY forces and, in general, all matters concerning the timely
and orderly conduct of the work of CONTRACTOR on the premises .
6 . CHANGES
CONTRACTOR shall adhere strictly to the plans and
specifications set forth in the Contract Documents unless a change
therefrom is authorized in writing by the DPW. CONTRACTOR agrees
to make any and all changes, furnish materials and perform all
work necessary within the scope of the PROJECT as the DPW may
require in writing. Under no condition shall CONTRACTOR make any
changes without the written order of the DPW, and CITY shall not
pay any extra charges made by CONTRACTOR that have not been agreed
upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit
immediately to the DPW a written cost proposal reflecting the
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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.
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.
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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 . INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and
shall be, acting at all times hereunder as an independent
contractor and not as an employee of CITY. CONTRACTOR shall
secure, at its expense, and be responsible for any and all payment
of income tax, social security, state disability insurance
compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees,
and all business licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total
work called for hereunder is not in all parts and requirements
finished or completed within the number of calendar days as set
forth herein, damage will be sustained by CITY; and that it is,
and would be, impractical and extremely difficult to ascertain and
determine the actual damage which CITY would sustain in the event
of and by reason of such delay; it is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a
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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 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
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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.
No claims for additional compensation or damages for
delays, irrespective of the cause thereof, and including without
limitation the furnishing of material by CITY or delays by other
contractors or subcontractors, will be allowed and said extension
of time for completion shall be the sole remedy of CONTRACTOR.
12 . DIFFERING SITE CONDITIONS
(1) Notice: The CONTRACTOR shall promptly, and before
such conditions are disturbed, notify the DPW in writing of :
(a) Subsurface or latent physical conditions at the
job site differing materially from those indicated in this
Agreement or the Contract Documents; or,
(b) Unknown physical conditions at the job site, of
an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent to work of the
character to be performed under this Agreement . The DPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and cause an increase or
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decrease in the time required for performance of any part of the
work under this Agreement, whether or not changed as a result of
such conditions, an equitable adjustment shall be made and the
Agreement modified in writing accordingly;
(2) Time Extension: No claim of the CONTRACTOR under
this Section shall be allowed unless the CONTRACTOR has given the
notice required hereunder, provided, however, the time prescribed
therefor may be extended by CITY.
13 . VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern
final payment . Payment to the CONTRACTOR will be made only for
the 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 .
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14 . PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of
the work performed by CONTRACTOR and the value thereof . From each
progress estimate, ten percent (10%) will be deducted and retained
by CITY and the remainder, less the amount of all previous
payments since commencement of the work, will be paid to
CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW,
faithfully executed fifty percent (50%) or more of the value of
the work as determined from the bid schedule, and if the DPW finds
that satisfactory progress has been and is being made, the
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.
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15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon,
CITY shall permit the substitution and deposit therewith of
securities equivalent to the amount of any monies withheld by CITY
to ensure performance under the terms and provisions of this
agreement .
16 . AFFIDAVITS 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 . 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
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property, arising directly or indirectly out of the obligations or
operations herein undertaken by CONTRACTOR, including those
arising from the passive concurrent negligence of CITY, but save
and except those which arise out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and
expense. CITY shall be reimbursed by CONTRACTOR for all costs or
attorney' s fees incurred by CITY in enforcing this obligation.
19 . WORKERS' COMPENSATION INSURANCE
Pursuant to the California Labor Code Section 1861,
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
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require all subcontractors to waive subrogation.
20 . INSURANCE
CONTRACTOR shall carry at all times incident hereto, on
all operations to be performed hereunder, general liability
insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and
non-owned vehicles . Said insurance shall name the CITY, its
officers, agents and employees and all public agencies as
determined by the CITY as Additional Insureds . CONTRACTOR shall
subscribe for and maintain said insurance policies in full force
and effect during the life of this Agreement, in an amount of not
less than One Million Dollars ($1, 000, 000) combined single limit
coverage. If coverage is provided under a form which includes a
designated general aggregate limit, such limit shall be no less
than One Million Dollars ($1, 000, 000) . In the event of aggregate
coverage, CONTRACTOR shall immediately notify CITY of any known
depletion of limits . CONTRACTOR shall require its insurer to
waive its subrogation rights against CITY and agrees to provide
certificates evidencing the same.
21 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject
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to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each
carrier and policy, and shall state that the policy is currently
in force and shall promise to provide that such policies will not
be cancelled without thirty (30) days prior written notice to
CITY. CONTRACTOR shall maintain the foregoing insurance coverages
in force until the work under this Agreement is fully completed
and accepted by CITY.
The requirement for carrying the foregoing insurance shall not
derogate from the provisions for indemnification of CITY by
CONTRACTOR under this Agreement. CITY or its representative shall
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
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terminate this Agreement . Unless the violation is cured within
ten (10) days after such Notice of Intention has been served on
CONTRACTOR, CITY may, without prejudice to any other remedy it may
have, terminate this Agreement upon the expiration of that time.
Upon such default by CONTRACTOR, CITY may elect not to terminate
this Agreement; in such event CITY may make good the deficiency in
which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be
performed hereunder, or upon earlier termination of this
Agreement, all original plans, specifications, drawings, reports,
calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property
at no further cost.
24 . NON-ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or
encumber this Agreement, or any part hereof, or any right or duty
created herein, without the prior written consent of CITY and the
surety.
25 . CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular
CITY employee in the work performed pursuant to this Agreement .
No officer or employee of CITY shall have any financial interest
in this Agreement in violation of California Government Code
Sections 1090 et seq.
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26 . STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to recover from CONTRACTOR its
r
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 . 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 interpretation,
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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 § 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 40clW City Attorney
ZTIATED
qzREVIEWED AND APPROVED: I D APPROVED:
City Administrator Dire for of Public Works
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