Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
SULLY-MILLER CONTRACTING COMPANY - 1999-09-07
' RECEIVED BY: kI CITY CLERK RECEIPT COPY Retum DUPLICATE to �� ►/� L��Qf�. Jeffrey Hughes(ext.5260) (Name) after signing/dating {Data) ' 1 j, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION r' TO: Shari Freidenrich, City Treasurer ATTN: Jim Sic boj n, Deputy City Treasurer 1 1 FROM: h� DATE: 7-A--Z)' SUBJECT: Bond Acceptance I have received the bonds for wT (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. rr Maintenance Bond No. Re: Tract No. CC No. � �0 MSC No. Approved ti 00-1 » Agenda Item No. (Council Approval Date) !, COCA _� q O City Clerk Vault No. C "1 _W F • f g-4ahlbondletter.doc ' • MAINTENANIM BOND �,g Bond No. 014.�b1 fXq Y ELKS ORIGINAL KNOW ALL BY THESE PRESENTS, That we Sully Millex Contracting Company 1100 East Orangethoxpe, Anaheim, CA 92801 as Principal, and Liberty Mutual Insuxance Company as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the penal sum of Six-Hundred Fifty-Four Thousand Five-Hundred Foxty-Five and 71/100 Dollaxs ($ 654,545.71 ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally,firmly by these presents. WHEREAS, the said Principal entered into a contract with the City of Huntington Beach dated September 7,•,1999 for City of Huntington Beach - Contract No. : CC1110 Axtexial Highway Rehab. - SM Job 99413C WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one(1) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and material which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on 9F1-h day of TTTNP , 2000 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one(1) . year(s) from and after June 26, 2000 then this obligation shall be void, otherwise to remain in full force and effect. SIG EALED AND DATED June 26, 2000 Sully Millex Contracting Company APPROVED AS TO FORM: (L.S.) GAIT+HUTTON, City Attorney By:. De U Cif torneZ (L.S.) MITCOLL P. VIGN , CE PRE T (L.S.) GEORGE ALDRICH PRINGIP L(S) ASSIST.SECRETARY Libexty Mutual Insurance y By Pamela K. Rife V Attorney-in-Fact WG2503/EP 12/90 PRINTED IN U.S.A. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On June 27, 2000 before me, Gina D. Piccirillo, Notary Public, personally appeared Mitchell P. Vigna and George Aldrich, XX personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons or entity upon behal of which the persons acted,executed the instrument. Witness my hand and official seal GINA D. PICCIRILLO t cwrc *)n# 1246432 pj0kXarria cmr ge Mft C ut WComrnEvkWDec20. Gina D. Piccirillo,Notary Public ATTENTION: The information requested below is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW. Type or Title of Document, City of Huntington Beach Maintenance Bond Number of Pages: Date of Document: Signer(s) Other Than Named Above: Representative of Liberty Mutual Insurance Co. CAPACITY CLAIMED BY SIGNER(S) CAPACITY CLAIMED BY SIGNER(S) _INDIVIDUALS _INDIVIDUALS X CORPORATE: OFFICER XS) Vice Pres. CORPORATE: OFFICER(S)Assist. Secretary _PARTNER(S):_,,,LIMITED, GENERAL PARTNER(S):_LIMITED,—GENERAL _ATTORNEY IN FACT ^_ATTORNEY IN FACT TRUSTEE(S)_ TRUSTEES} _GUARDIANICONSERVATOR _GUARDIANICONSERVATOR _OTHER: _OTHER: SIGNER IS REPRESENTING: SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies): Name of Person(s)or Entity(ies): Sully-Miller Contracting Company Sully-Miller Contracting Company THiS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 663863 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, I LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY..THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company`), a Massachusetts mutual insurance company,-pursuant to and by authority of.the By-taw and Authorization hereinafter set forth, does hereby name. constitute and appoint. PAMELA K. RIFE, ELIZABETH MARRERO,CHRISTINE V. MCKENNA,ALL OF THE CITY OF NEVI YORK, STATE OF NEW YORK :::........::::..................... : . .. ........... ................. .......................... ................................................................................................:::::::.............•........................................... ........................................................ ........ .................. ....:...:..... ........................................................... .........................................................................•...........o••••.•............•o••..............•..••.........•..•................................................. .............................................. .............................ouo.....................w..........•......oo ................................................... :each individually If there be more than orte named,its true"and lawful attomey-in-fact Ia'make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed•any and all undertakings,bonds,recognizances and other surety obligations In the penal sum not exceeding FIFTY MILLION AND 0011 DOLLARS (S 50,0W,000.00"*** ) each, and the execution of such bonds or y undertakings,in pursuanc3 of these presents,shall be as binding upon the Company as N they had been duly signed by the president and attested by .,.: the secretary of the Company in their own proper persons. o That this power is made and executed pursuant to and by authority of the following By-taw and Authorization: c CL °i ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. vt Yd Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such C d limitations as the chairman or the president may prescribe,shall appoint such atiomeys-in-fact, as may be necessary to act In behalf of the c company 10 make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety C obligations. Such attome s to fact,subject to the limitations set forth In their respective powers of attorney,shall have lull `a w� g y = - ] po y, power to bind the � C ,. company by their signature and execution of any such instruments and to anach thereto the seal of the company. When so executed such O C1 instruments shall be as binding as If signed by the president and attested by the secretary. v By the following instrument the chairman a the president has authorized the a'firer or other official named therein to appoint altomeys-In-fact: 0 tit Q, > Pursuant to Article XVI,Section 5 of the By-laws,Assistant Secretary Garnet W.Elliott is hereby authorized to appoint such attomeys-in-fact O a Ir m as may be necessary to act in behalf of the company to make,execute, seal,acknowledge and deliver as surety any and all undertakings, C bonds,recognizances and other surety obligations. a C.) to wu7 That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. a-90 O i.' .a. IN WITNESS WHEREOF,this instrument has been subscribed by its authorized officer and the corporate seat of the said Liberty Mutual Insurance 9 W a' O Company has been affixed thereto In Plymouth Meeting,Pennsylvania this 12th day of _June 2000 0 E 0. o�,' at ; ! LIBERTY MUTUAL INSURANCE COMPANY p L t!O.E. By Game:W.Eutott,Assistant Secretary C._. E+; COMMONWEALTH OF PENNSYLVANIA ss ��� �? COUNTY OF MONTGOMERY m o v C On this 12th day of June A.D.. :2000 -before me,a Notary Public,personally came the Individual,known to � > me to be the therein desc' dual and officer of Liberty Mutual insurance Company who executed tha preceding instrument,and he ecknowled- E cv o ged that he executed arfie the seal affixed to the said preceding instrument is the corporate seal of said company:and that said corporate � Z u seal and his signatu ns duty affixed and subscribed to the said instrument by authority and direction of the said company. 06 IN TESTIMO y REOfi,I 1 Set my hand and affix my official seat at Plymou' Meeting,P ,the day and'year first above written, p c4 * OF DONNA NA* :t,p-RFi4:5En1 Ho Hr �ErurlDs. ary K-W P yr xA Fri).W.-tgomw.y Cour v Notary Public yVp r n camr�cs•�n Ernes F^^RTTFtt:11 E I. the undersign SFI retary of Liberty Mutual insurance Company,do hereby certify that the original power of attorney of which the foregoing Is a full,true and c copy;Is in full force and effect on the date of this certificate;and i do further.certify that the officer who executed the said power of attorney was one of the officers spedaffy authorized by the chair r.ran or the president to appoint any attorney-in-tact as provided In Article XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the.following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 121h day of March,1980.= VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company,shall to valid and binding upon the company with the same force and effect as though manually affixed. . IN TESTIMONY WHEREOF,f have hereunto subscribed my name and affixed the corporate seat of the said company,this 26TH clay of sttant Secretary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WiTH AN INCEPTION DATE AFTER Rine 12 _�,20�7� Liberty Mutual Fnsurance'Company Statutory Balance Sheet (dollars in thousands) Assets December 31,1999 Bonds.......................:............................................................................................................ S 9,228,434 Common&Preferred Stocks......................................................................................................... 6,455,792 healEstate...................,........................................................................................................... 151,450 Cash&Short-Term Investments...................................................................................................... 508,617 OtherInvested Assets.................................................................................................................. 821,260 Subtotal Cash and Invested Assets................................................................................................... 17,165,543 Premium in Course of Collection*........................•...................................................................... 1,420,223 Reinsurance Recoverables on Loss and Loss Adjustment Expense Payments.............................................. 233,276 Interest,Dividends and Real Estate Income Due and Accrued...................:.............................................. 153,279 OtherAssets............................................................................................................................... 907,063 TOTAL ADMITTED ASSETS:..................................................................................................... S 19,879,384 Liabilities and Surplus _ !- Reserve for Losses and Loss Adjustment ETnses....................... ........... S 10,153,998 ............................................ Reserve for Unearned Premiums...................................................................................................... 1,497,247 Reinsurance Payable on Paid Loss and Loss Adjustment Expenses.......................................................... 29,636 FederalIncome Tax and State Premium Tax Accrued............................................................................ 201,941 OtherLiabilities...........................................................................................................:............... 2,447,116 TOTAL LIABILITIES...........................................................................:...................................... 14,329,938 UnassignedSurplus................................................................................................................... 4,407,505 GuarantyFunds......................................................................................................................... 1,250 SurplusNotes........................................................................................................................... 1,140,691 TOTAL CAPITAL AND SURPLUS................................................................................................ 5,549,446 TOTAL LIABILITIES,CAPITAL AND SURPLUS....................:......................................................... S 19,879,384 (*Excludes balances-more than 90'days past due) .COMMONWEALTH OF MASSACHUSETTS SS; COUNTY OF SUFFOLK Dennis Langwell,being duly sworn,says:That he is Vice President and Comptroller of Liberty Mutual Insurance Company;that said Company is a mutual insurance company duly organized,existing and engaged in business as a surety by virtue of the laws of the state of the Commonwealth of Massachusetts and has duly complied with all the requirements of the laws of said Commonwealth and of the laws of the State of.... CALIFORNIA ....applicable to said Company and is duly qualified to act as surety under such laws;that said Company has also complied with and is duly qualified to act as surety on federal bonds under Section 9305 of Title 31 of the United States Code. That the foregoing is a full,true and correct statement of the financial condition of said Company of the 31st day December, 1999. Swo to before me this 31st day of March, 1999 My Commission Expires ice s t and Comp er SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF NEW YORK ON 6-26-00 , BEFORE ME PERSONALLY CAME PAMELA K. RIFE , TO ME KNOWN WHO BEING BY ME DULY SWORN DID DEPOSE AND SAY THAT HE/SHE RESIDES IN NEW YORK, NY , AND THAT HE/SHE IS AN ATTORNEY- I\-FACT OF LIBERTY MUTUAL INSURANCE COMPANY , THE CORPORATION DESCRIBED IN, AND WHICH-, EXECUTED THE WITHIN L1 STRUIMENT; THAT HE/SHE KNOWS THE SEAL OF SAID CORPORATION; AND THAT HE/SHE SIGNED HIS/HER NAME THERETO BY LIKE ORDER; AND THAT THE SAID COMPANY HAS RECEIVED FROM THE SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, AND SUCH CERTIFICATE HAS NOT BEEN REVOKED. AMY BAXTER Notary Public.State of NewYork No.018AW65901 NOTAYN E�lj C Ouallfied In K1ngsCounty Commission ExpiresSept.29,2ooi CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF ON THIS DAY OF 19 , BEFORE ME PERSONALLY CAME ,TO TIE KNOWN, WHO, BEING DULY SWORN, DID DEPOSE AND SAY; THAT HE/SHE RESIDES IN AND THAT HE/SHE IS THE OF THE , THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF THE SAID CORPORATION; THAT THE SEAL AFFIXED TO SAID LNSTRUMENT IS SUCH CORPORATE SEAL; THAT IT WAS SO AFFIXED BY THE ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND ' THAT HE/SHE SIGNED HIS NAME THERETO BY LIKE ORDER. NOTARY PUBLIC VL Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder WHEN RECORDED MAIL TO: I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIINO FEE CITY OF HUNTINGTON BEACH 2O000310473 Q3:Q8f1m 06113100 Office of the City Clerk 109 73 N 12 1 P P. O.Box 190 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach,CA 92648 NOTICE OF COMPLETION ' - NOTICE-IS HERE-BY-GI`vTiJ by-the-City-of Huntington Beach;owner in fee,2000 Main Street, - --- Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Sully Miller,Incorporated who was the company thereon for doing the following work to-wit: Arterial Highway Rehabilitation Project CC-1110: The arterial highways for this project include, IV Warner Avenue from Newland to Magnolia and Brookhurst Street from Adams to 900 feet south of l Adams. t That said work was completed June 5,2000 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, June 5,2000. That upon said contract Liberty Mutual Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. e_ Dated at Huntington Beach,California,this 9th day of June,2000. C:. ., CD-•-i 'c" CONNIE BROCKWAY. CIO, City Clerk and ex-officio Clerk rri-n:�c of the City Council of the City of Huntington Beach,California ' STATE OF CALIFORNIA ) • - _ _ 7> 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 tnie and.rorrect, 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 9th day of June,2000.. CONNIE BROCKWAY City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California gAfollowup\nscplgs • �i2y^G Su 66*-60 J I'*2J.Joe CITY OF HUNTINGTON BEACH W-W INTERDEPARTMENTAL COMMUNICATION TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records DATE: June 21, 2000 SUBJECT: 10% RETENTION PAYMENT Arterial Highway rehabilitation CC-1110 Sully-Miller , Inc. 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. - r-- 4DANT. LLA, Director of Fin nce I certify that no stop notices are on file on the subject at this time. Date: 7 /y� "ER F. BEARDSLEY, Public Works Director certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed. Date:_f-ad cvu CONNIE BROCKWAY, City Jerk certify that there are no outstanding invoices on file. Date: rl_vr'�U�=Mg F E1 ENRICH, City Treasurer G:ADMINISTRATIOM10%Retention Payment 621100R:45 PM SULLY-MILLER CONTRACTING CO, City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title N ll of the Q it Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned,contractor on Cash__Crintrarr 1 t1 f) Arterial HJgl--way Project No. Title hereby certifies that all laborers,mechanics, apprentices,trainees,%%atchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid %%ages 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 v.-age rate paid. ignafure and Title g-cc cuhconl �. NUIN 714.57K•9600 'f,P?iti� .. , i . . • 1.!..X 714.578.2R50 Gx j 3. 100 E.ORANGE'r110RYF.AVE.% F:. 200 l�Y.: G _,y .. ., ...L i•• :ANA1IF1M.CA 92901 License 74Y12-a SULLY—MILLER CONTRACTING CO. DECLARATION OF SATISFACTION OF CLAiINIS I, Sully Miller Contracting Company _,state: I. I am the general contractor for the City of Huntington Beach,as to the project more fully described in the public corks contract entitled Arterial Highway Reconst. C/C 1110 , and dated,91n7/99 2. All workers and persons employed,all firms suppl}•ing 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«zth Notices to Withhold, which have been filed under the provisions of the statuses of the State of California: (if none, state"NONE') I declare under penalty of perjury that the foregoing is true and correct. Executed at kully Mier Contractinp, onthis 1st dayof June, 2000 f/L- k (Signature of Contractor) Ron Salcido, Vice President tvecahcaO ,. ,... 4trp:azy. B u� MIN 714.57K•96W FAx 714.578.2H50 1100 F.ORKNGEMORYF ANT.,STE 20'l ANA11FIM.G1 92901 License 74Y12A ;, le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 9,2000 Gary L. Granville, County Clerk-Recorder P. O.Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk,City of Huntington Beach,P.O.Box 190,Huntington Beach,California 92648. Enclosed also is a copy of the Notice of Completion and a stamped,self-addressed envelope. Please return the conformed copy-document number,recording date,book and page number. Sincerely yours, 4>�i Connie Brockway Cite Clerk CB jc Enclosures g:V'ollo�upVcncrs�ucplrir nscplltrl Pavement jc {Telephone:714-53G32271 VITY OF HUNTINGTON BEACV S. Ck\.tA D MEETNG DATE: June 5, 2000 DEPARTMENT ID NUMBER:PW 00-032 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ConditionalyApproved ❑ D4qied W Cleti Signature uncil Meeting Date: June 5, 2000 Department ID Number: PW 00-032 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS rn SUBMITTED BY: RAY SILVER, City Administratorrw/ w =" N y PREPARED BY: 00nROBERT F. BEARDSLEY, Director of Public Works SUBJECT: Accept the Arterial Highway Rehabilitation Project CC-1110, and File a Notice of Completion Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Sully-Miller, Incorporated, has completed its contract for the construction of the Arterial Highway Rehabilitation Project CC-1110. Funding Source: Orange County Measure M "Turnback" and City Funds were authorized for this project. Recommended Action: Motion To: 1. Accept the Arterial Highway Rehabilitation Project CC-1110 at a final cost of $654,545.71, and authorize the City Clerk to fife a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. Analysis: On September 7, 1999, the City Council awarded a contract to Sully-Miller, Incorporated, in the amount of $698,400 to construct the Arterial Highway Rehabilitation Project CC-1110. The adopted project budget also included $69,840 to cover potential change orders and $11,760 for supplemental expenses, for a total of $780,000. The arterial highways for this project include, Warner Avenue from Newland to Magnolia and Brookhurst Street from Adams to 900 feet south of Adams. ,r 11101notice of completionlrca -2- 051171001:52 PM RVQUEST FOR COUNCIL ACTIN MEETING DATE: June 5, 2000 DEPARTMENT ID NUMBER:PW 00-032 The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests that the City Clerk file the Notice of Completion. The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract amount: $698,400.00 $528,089.18* 2. Change orders: 69,840.00 $126,456.53* Project Construction Costs: $768,240.00 $654,545.71 3. Supplemental Expenses: 11,760.00 5.000.00** Total: $780,000.00 $659,545.71 *Final material quantities were reduced as a result of a change order. The change order amount is greater than approved but does not include the reduction in scope of work. ** Estimated final cost will be determined when the final compaction reports are completed. Public Works Commission Review: Not applicable for this action. Environmental Status: Not applicable. Attachment Us : Page Numbe No s City Clerk's RCA Author. Charlonne I II0-notice of completion.doc -3- 05123100 3:35 PM 0 , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TR-A S`fITTAL OF ITENT APPROVED BY THE CITY C01NI CILI REDEVELOPNIEN'T AGENCY OF THE CITY OFITUIN7UtiGTON_BEACH DATE&&M&PJ It3� I9 I • &2 �CL_ TO: u - ATTEN TIO\: � i Name d u t amorJd 72 •d .mmC190 DE PARTAXEI4'T:/'e G `i�asi q�c�f s&he;1-4,& � _ --- REGAIRI)r G: City,Statr,Zip See Attached Action Agenda Itern "7 _ Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remark: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: c�ea�des/ �'yY.4 z onto' e De an nt RCA Aptemmt Insurance Other a jI Name Department. RCA A;ree:oent Insurance Other Nj=wl� Depattmen: RCA Apeement Insurance Other Ypr,csd�'�.e Name D&pxtTc t RCA Agreement Insu ran cy Other y d + r ��--Y-- �+` Risk Management Dept. Insurance Received by Name-Company Name-Date G:Followuplcov crier {Te re p hone:714 53"2271 I have received Performance Bond No. 014-009-469, Liberty Mutual Insurance Co. Labor&Material Payment Bond No. 014-009-469, Liberty Mutual Insurance Co. RE: CC-1110—Sully Miller Contracting Company CC-1110—Arterial Rehab Project Warner, Newland, Brookhurst&Adams—Approved 917/99City Clerk Vault SU 600.50. Dated: By: .— !/-? Rea rds9 CITY OF HUNTINGTON BEACH MEETING DATE: September 7, 1999 DEPARTMENT ID NUMBER:PW 99-082 Council/Agency Meeting Held. 7Ppred/Continued to:roved O Conditionally Approved ❑ Denied LtPU• i Clerk's Signature Council Meeting Date: September 7, 1999 Department ID Number: PW 99-082 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratore ,�';I Win_^ Co b C PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works J' :11:N n x ,n Zr_ SUBJECT: Approve Construction Contract for Arterial Highway RehabilfitioR Project; CC-1110 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis.Environmental Status,Attachment(s) Statement of Issue: On August 3, 1999, the City Clerk received and opened bids for an Arterial Highway Rehabilitation Project and the project is now ready to award. A second, similar project will be ready to award in early October. Funding Source: A combination of City General Funds, Orange County Measure M "Turnback" Funds and City of Fountain Valley Funds will be used for this project. Recommended_Action: Motion to: 1. Approve the low responsive/responsible bid submitted by Sully-Miller, Incorporated, for the Arterial Highway Rehabilitation Project; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of$698,400; and 3. Authorize the Director of Public Works to expend a total of $780,000, including the contract amount of $698,400, anticipated construction change orders of $69,840, and supplemental expenditures of$11,760. 4. Approve the carryover of FY 199811999 General Funds in the amount of$720,000 for the Arterial Highway Rehabilitation Project; CC-1109 to the FY 1999/2000. 11101award contractlrca -2- 08/26199 8:3 M REQUEST FOR COUNCIL ACTION MEETING DATE: September 7, 1999 DEPARTMENT ID NUMBER:PW 99-082 Alternative Action(s): Cancel the construction project or authorize the rebidding of the project. Analysis: This project includes Warner Avenue from Newland Street to Magnolia Street, along with Brookhurst Street from Adams Avenue to 900 feet south of Adams Avenue. The rehabilitation of these roadways generally includes pavement crack sealing, grinding, selective pavement reconstruction, pavement membrane reinforcement and asphalt overlay. The project also includes placing new signing/striping, new traffic detection loops, and the adjustment of existing water valves and sewer manholes. Pavement rehabilitation work of this nature will increase life of the arterial street 10 to 20 years. On June 21, 1999, the City Council approved plans and specifications and authorized the Director of Public Works to solicit bids for the Arterial Highway Rehabilitation Project. On August 3, 1999, bids were received and publicly opened by the City Clerk. The engineer's estimate for the City of Huntington Beach portion of the project was $705,280. Summarized below, in order of least dollar amount, are the bids submitted to the City: 1. Sully-Miller $558,400.00 2. Excel Paving $585.441.00 3. R.J. Noble Company $585.790.69 4. Sequel Contracting $669,159.00 5. All American Asphalt $690,310.70 The City of Huntington Beach, in cooperation with the City of Fountain Valley, is adding the area within Fountain Valley to the contractor's scope of work. The additional work will increase the project's cost to $698,400. The City of Fountain Valley will fund its portion based on Sully-Miller's submitted bid items. A second phase of the Arterial Rehabilitation Project, CC-1109, will be ready to award in early October. A delay in receiving the authorization to bid from Caltrans necessitates moving the project award into the next fiscal year. The General Fund portion of funding for the second phase, $720,000, must also be carried forward to FY 199912000. Environmental Status: The project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c). Public Works Commission Review: The Commission reviewed the project on July 21, 1999 and recommended approval (Vote: 4-Ayes, 3-Absent). 11101award contra evrca -3- 08126199 8:37 AM REQUEST FOR COUNCIL ACTION MEETING DATE: September 7, 1999 DEPARTMENT ID NUMBER:PW 99-082 Attachment[s]: DescriptionCity Clerk's Page Nurn'ber 'No. t Location Map RCA Author. Chadonne:jm 35716 11101award contractlrca -4- 08126199 8:37 AM ATTACHMENT # 1 L Q Ln o �F BDLSA AVE. Mc SADDEN AVE. �1 bi 0 u � = DINCER Z NOT. rc a Li z �S AVE. � N J 2 O WARNER 3 AVE. SLATER AVC. I 405 4 r TALBERI � AVE. ELLM m AVF. w a y� } wn-LD AVE. E P a TYpalcfOwN Ayc_ # • ADANS AVF p INI?•NAPpI AVE. N x x ATLANTA AYE. g m a CPROJECT LOCATIONS p� HAMILT AVE k1A A �.. A+ d 1A ter- � I CITY W OuvGYON B=ACC-I LOCATION MAP CC-�1110 i�EPAZ�TMdNT Of- PIJBLJC WORKS C:\ACAD\CC>>>o\>>>opµl.DWS CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SULLY MILLER CONTRACTING COMPANY FOR ARTERIAL HIGHWAY REHABILITATION OF VARIOUS CITY STREETS (CC-1110) THIS AGREEMENT, made and entered into this 7/A day of _, e j2 embCJ�� 1999, by and between the City of Huntington Beach, a 7 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 arterial highway rehabilitation of Wamer Avenue from Newland Street to Magnolia Street and Brookhurst Street, from Adams Avenue to 900 feet south of Adams Avenue (CC-1110) In the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection 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 bome by CITY, 8gne1jmp/2rteri31/08"1&'99 1 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 investigaticn of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents"as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 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 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA agree/jmprarteriaV0811&'99 2 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this 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 Six Hundred Ninety Eight Thousand Four Hundred Dollars ($698,400), 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 agree/jmplarteriaMS118/99 3 within forty-five (45) consecutive working days from the day the"Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time Is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. 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% thout 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. agrWjmp/arteriaV08/1 V99 4 y When directed to change the work. CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following 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 of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or egmeJmpfartcria1/08r 18/99 5 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 aft times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at Its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and i*.s officers, agents and employees and all business licenses, if any, In connection with the PROJECT. 11. LIQUIDATED DAMAGESMELAYS It is agreed by the parties hereto that in case the total work called for hereunder Is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein,which 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. agmeimplanerisV0811 V99 6 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 or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15)days from the beginning of any such delay(unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment,the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to 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. agreelimpWieriaV08/1 M 7 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 livestigate the conditions and If it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement,whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified In writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the 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 2grump/artcriaL'08/18/99 8 price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent(50%)or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and Is being made, the 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 Ccmpletion 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit agredjmplaneriat'OS�!&99 9 therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms 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 fled under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18, INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, Indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at Its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code,whi;,h requires every employer to be insured apWjmp1areriaV08118," 10 against liability for workers'compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain 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, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors'employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate Emit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, Its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. a&reerirmalarteriat'O811 V99 11 Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE,ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall famish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: I. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently In force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: '7he above-detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar-type limitation." 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 coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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. agree/jmplarteHaV0V1 V99 12 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the vio%tion 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. agreJmplaneriaL'OSrI B'94 13 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative 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 (S100)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. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. 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 U.S.C. Section 1324a regarding employment verification. 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 agrWjmWarteria1/0&'1 3/99 14 Huntington Beach City Charter Section 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. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit"A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. SULLY-MILLER CONTRACTING COMPANY CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Californi By: Ron Salcido, Vice President AND Mayor ATTEST: B : �ryl , Secreta City Clerk J 9 9 9 REVIEWED AND APPROVED: APPROVE AS TO F RM: City Adffinistrator City Attorney 11 D APPROV Director of Public Works agree/j mp/arteri aV08/18/99 15 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 2 September 1999 before me, Pamala Ann Hurley, Notary Public, personally appeared Ron Salcido and Gary A. Gibson, XX personally known to me, to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the persons or entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal r; PMMLAANN HURLEY Commission N I23=0 Notary Pubric-CaRtarr1 to 4)v A I lqpmy/+,,,,�Q,r,a�ng Counrf -E)q*M.U29,2003j Pamala Ann Hurley,Notary Public ATTENTION: The information requested below is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW. Type or Title of Document: Contract& Bonds, City of Huntington Beach Number of Pages: Date of Document: Signer(s) Other Than Named Above: Representative of Liberty Mutual Insurance Co. CAPACITY CLAIMED BY SIGNER(S) CAPACITY CLAIMED BY SIGNER(S) _INDIVIDUALS _INDIVIDUALS X CORPORATE:OFFICER XS) Vice Pres. CORPORATE:OFFICER(S)Assist_ Secretary _PARTNER(S):_LIMITED, GENERAL _PARTNER(S):_LIMITED,_GENERAL _ATTORNEY IN FACT _ TTORNEY IN FACT TRUSTEE(S) _ RUSTEE(S) GUARDIANICONSERVATOR UARDIANICONSERVATOR _OTHER: _OTHER: SIGNER IS REPRESENTING: SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies): Name of Person(s)or Entity(ies): Sully-Miller Contracting Company Sully-Miller Contracting Company THE AMERICAN INSTITUTE OF ARCHITECTS PERFORMANCE BOND BOND#: 014-009-469 (AIA 311) Know All Men By These Presents: THAT SULLY-MILLER CONTRACTING COMPANY as Principal,and LIBERTY MUTUAL INSURANCE COMPANY as Surety,are held and firmly bound CITY OF HUNTINGTON BEACH ,as Obligee,in the sum of Six-Hundred-Ninety-Eight-Thousand-Four-Hundred and 00/100 dollars ( $698,400.00 )Dollars,for the payment of which sum,well and truly to be made,the Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,The Principal has entered into a written contract dated 8/20/1999 with the Obligee for ARTERIAL HIGHWAY REHABILITATION PROJECT,CC 1110 in accordance with drawings and specifications prepared by / which contract is by reference made a part hereof,and is hereinafter referred to as the Contract NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION,is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void,otherwise it shall remain in full force and effect The surety,hereby waives notice of any alteration or extension of time made by the Owner Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed Owner's obligations thereunder,the Surety may promptly remedy the default or shall promptly 1 Complete the Contract in accordance with its terms and conditions,or 2.Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or if the Owner elects,upon determination by the Owner and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner,and make available as work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the contract price,but not exceeding,including other costs and damages for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof The term"balance of the contract price"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto,less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two(2)years from the date on which final payment under the Contract falls due No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs,executors, administrators or successors of Owner Signed and Sealed this 31 day of August 1999 SULLY-MILLER CONTRACTING CO ANY (Principal)@, /a (Witness) (Title) RoA Sa ci o, Vice Freslitent XLIBERTYUAL INSURANCE COMPANY APPROVED AS TO PORNGAIL HUTTON - ac CITY ATa GRITEY PAMELA K RIFE �IY: WC Record# 6597 P u C ty Attorney CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 2 September 1999 before me, Pamala Ann Hurley, Notary Public, personally appeared Ron Salcido, XX personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal PA MLA ANN HURLEY CommIsslon* 123= Notary Rubric-California Orange County @my Comm.Evi m M 29,20M Pamala Ann Hurley,Notary Public ATTENTION: The information requested below is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BEATTACHED TO THE DOCUMENT DESCRIBED BELOW.• Type or Title of Document: Contract City of Huntington Beach Number of Pages: Date of Document: 3I10199 Signer(s)Other Than Named Above: CAPACITY CLAIMED BY SIGNER(S) CAPACITY CLAIMED BY SIGNER(S) INDIVIDUALS INDIVIDUALS X CORPORATE:OFFICER(S)V.P. CORPORATE:OFFICER(S) _PARTNER(S):_LIMITED,_GENERAL _PARTNER(S):_LIMITED, GENERAL ATTORNEY IN FACT _ATTORNEY IN FACT TRUSTEE(S) _ USTEE(S) GUARDIAN/CONSERVATOR UARDIANICONSERVATOR _OTHER: _OTHER: SIGNER IS REPRESENTING: SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies): Name of Person(s)or Entity(ies): Sully-Miller Contracting Company THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5.79676 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, MARK FITZGERALD, ELIZABETH MARRERO, PAMELA K. RIFE, CHRISTINE V. MCKENNA, ALL OF THE CITY OF NEW YORK, STATE OF NEW YORK............................................................................................. ............................................................................................................................................................................................... ............................................................................................................................................................................................... ............................................................................................................................................................................................... ............................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100*"**"******* DOLLARS ($ 50+000,000•00"*** ) each, and the execution of such bonds or undertakings,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by ox the secretary of the Company in their own proper persons. to Q. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: d c .� ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. ,Y d Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such Cc y limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the c company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety c obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the c p company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such — O co instruments shall be as binding as if signed by the president and attested by the secretary. to By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: y W c d > Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact `0 G 4 as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, V M bonds,recognizances and other surety obligations. 41C cc.y That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. O O IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance C O O Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 14th day of July 1999 E " d a o.. W O LIBERTY MUTUAL INSURANCE COMPANY MIM C cc y a+ is i �, O p1 d By c -E+� Garnet W.Elliott,Assistant Secretary d �O 3 *; COMMONWEALTH OF PENNSYLVANIA ss a ,O ` COUNTY OF MONTGOMERY O C 'a v On this 14th day of July A.D. 1999 before me, a Notary Public, personally came the individual, known to *a OP > ` me to be the therein descfjbediradividual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- Oki!ged that he executed tkrttssarue ate the seal affixed to the said preceding instrument is the corporate seal of said company;and that said corporate Z v seal and his signatups siti5,scrlt tb &was duly affixed and subscribed to the said instrument by authority and direction of the said company. 06 IN TESTIMOF)F'.WV i REOF,I t*rgfjp7 set my hand and affix my official seal at Plymou Meeting,PP the day and year first above written. i~ Notary Public CE-RTIFICATE I, the undersigned;• s9ist.-Mt',$eErotary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full,true and c cf copy,is in full force and effect on the date of this certificate;and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company 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 T1F%T MgNY WHEREOF, I have hereunicyogscribed my name and affixed the corporate seal of the said company,this_ 31ST day of sistant a etary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI E AFTER July 14 20 011 ' .� . ^ ~ ^ ^ . . . Ub rtj MutU211 Statutory Balance Sheet _ (dolhuroInthuumwn6S4 A33"t3 p*oenuer3z^1998 _ .. Bonds.......................................................................................................,..............°...................... $ 10,652,422 Common aP=fe."d Stocks.............................................................................,................................... 5,2nofflo Rwa'Estz'e.......................................................................................................................................... 141.340 . Cash&sxonTcno Investments................................................... .....................~................................... 225,116 Mer lmemxu Assets......................,~~.~_--_—_-_-.__-__'--.__,~_~...____~_~.,~,~.^..~. 56z�\u . ovb-.vma Cash and L-1v*meu Assets............................................................................................................ 16,262173 Pr*rnkmnin Course vfcu%«ctiox°............................................................... .............................................. 1,503,612 Reinsurance Racoveribles on Loss and Loss Adj^Wnem Expense Payments............................................................. 22oX2 Dncres',Dividends and real Estate Income Due and Accrued................................................................................ 165,569 otherAm*u......................................................................................................................................... . 693.42* . ' 9,445,030 TOTAL NpXeD.==ASSETS........................................................................................................... S 1 ~ xu"uowue3muaS=nplm Reserve for Losses and Loss Adjustment Expenses......................................................................................... m 10,484,373 Reserve for Unearned P.remioms............................................................................................................... 1,673J56 Rahmmum-:r Payable nn Paid Loss and L*ssmdjvsth:ct Expnrse,.....~......~...... ............................................... 31.792 Fcm:n4 Income Tax and State Premium Tax Accrued----_'.~.~^.'--,..-'_-''~.—'__'__'-----~-_-'_ 1*8,585 Ot.erl.iabait:=.................................................................................................................................... 1,039.023 TOT)ALLTAB M=......_'--.'�_.--~,~---__-.;---'-'-'-.'.'--_..^'__...~--,---''�_'_�-_ ��z�u%8 ' Unassigned Surplus.................................................................................................................................. 4,925J2* ' Gmvmty Funds........................................................................................................................—~.... IXn Surplus Notes.-...~.-....____. __.___~^_._...._- ~...._-'_~..~ 1 40,527 TOTAL CAPMALaNT SURPLUS............................................................................................................. TJJALLLABMJ�O�.CAPITAL AND SURPLUS........................................................................................ 3 19/445.030 Vcxclndes balances more than 90 days past due) COMMONWEALTH OF MASSaCHLI&= SS. coumM OFsoFFOLK Dennis Lano--A being duty sworn.says: Timt b*W Vice PTe3i dent and Comptroller*«L:tbcx1 Mutual Worauc*cvw»mn�that said. Company is«morialhuo:wxw comp any duly organize d,existing and engaged in bus inem**usurety bz virtue of the laws wf the state"' the Commonwealth of Massacbumns and has duly cqml)litd with all the requirements of the laws a f said Commonwealth and nftho laws oytho State*y CALIFORNIA ._---_�-~_--_mMyliuxUe to said Company and is duly qualified ma.-t &3 surety under such taws;that said Company has also complied with and is duly qualified mW.nm surety*n federal bonds vmoe-Section n3C5ofTitlo3lofth°United States Code. That the foregoing is a fulL true and correct statement orthe rinanciat condition or said comimny orthe 3 t"'day December,1»yV' � 8wvn to before o*this 3 Ist day ofMarch,1999 � My Commission Expires 4V-ic-epr,ese' . and MY COMMISSION��F/��� ^�� V - SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF NEW YORK _ ON 8/31/99 , BEFORE ME PERSONALLY CAkIE PAMELA K. RIFE , TO ME KNOWN WHO BEING BY ME DULY SWORN DID DEPOSE AND SAY THAT HEISHE RESIDES IN NEW YORK, NY , AND TIIAT HE/SHE IS AN ATTORNEY- IN-FACT OF LIBERTY MUTUAL INSURANCE COMPANY THE CORPORATION DESCRIBED 11N, AND WHICH EXECUTED THE WITHIN INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF SAID CORPORATION; AND THAT HE/SHE SIGNED HIS/HER NAME THERETO BY LIKE ORDER; AND THAT THE SAID COMPANY HAS RECEIVED FROM THE SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, AND SUCH CERTIFICATE HAS NOT BEEN REVOKED. a.CHAP3 VASQUez Notary Pubf;a,SWO of New York G No.01 VA5084421 f' ew s Ea�2u7 Q9 NOTARY PUBLIC CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF ON THIS DAY OF 19 , BEFORE ME PERSONALLY CAME ,TO ME KNOWN, WHO, BEING DULY SWORN, DID DEPOSE AND SAY; THAT HEISHE RESIDES IN AND THAT HEISHE IS THE OF THE , THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMEINM THAT HE/SHE KNOWS THE SEAL OF THE SAID CORPORATION; THAT THE SEAL AFFIXED TO SAID INSTRUMENT IS SUCH CORPORATE SEAL; THAT IT WAS SO AFFIXED BY THE ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT HE/SHE SIGNED HIS NAME THERETO BY LM ORDER. NOTARY PUBLIC THE AMERICAN INSTITUTE OF ARCHITECTS LABOR&MATERIAL PAYMENT BOND BOND#: 014-009-469 (AIA 311) Know All Men By These Presents: THAT SULLY-MILLER CONTRACTING COMPANY as Principal,and LIBERTY MUTUAL INSURANCE COMPANY as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,in the sum of Six-Hundred-Ninety-Eight-Thousand-Four-Hundred and 00/100 dollars ( $898,400.00 )Dollars,for the payment of which sum,well and truly to be made,the Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,The Principal has entered into a written contract dated 8/20/1999 with the Obligee for ARTERIAL HIGHWAY REHABILITATION PROJECT,CC 1110 in accordance with drawings and specifications prepared by which contract is by reference made a part hereof,and is hereinafter referred to as the Contract. NOW,THEREFORE THE CONDITION OF THIS OBLIGATION,is such that,if Prinicpal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligaton shall be void:otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor,material or both,used or reasonably required for use in the performance of the Contract,labor and material being construed to include that part of water,gas,power, light,heat,oil,gasoline,telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last of such daimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for the use of such claimant,prosecute the suit to final payment for such sum or sums as may be justly due claimant,and have execution thereon,The Owner shall not be liabile for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a)Unless claimant,other than one having a direct contract with the Principal,shall have given written notice to any two of the following:The Principal,The Owner,or the Surety above named,whithin ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or perfomed. Such notice shall be served by mailing the same by registered mail or certified mail,postage prepaid,in any envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly maintained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such service need not be made by public officer. b)After the expiration of one(1)year following the date on which Principal ceased work on said contract,it being understood however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c)Other than in a state court of competent jursidiction in and for the country or other political subdivision of the state in which the Project,or any part thereof,is situated,or in the United States District Court for the district in which the Project,or any part thereof,is situated,and no elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder.inclusive of the payment by Surety of mechanics'liens which may be filed of record against said improvements,whether or not claim for the amount of such lien be presented under and against this bond. Signed and Sealed this 31 day of August 1999 SULLY-MILLER CONTRACTING COMPAN (Principal) (Witness) (Title) Ron Salcid6, Vice President I; AS To FOM12 UAL INSURANCE COMPANY GA1!, liliTTONKL (Surety - CITY ATTO Y (At rney-In-Fact) By: PAMELA K.RIFE ep City Attorney WC Record#: 6597 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 2 September 1999 before me, Pamala Ann Hurley, Notary Public, personally appeared Ron Salcido, XX personally known to me, to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal PA MiA MIN HURLEY Commisvon# 123= N&cry Pubnc-Col Vraa LOrange County QMyCm=.EV*mJtX291,20M Pamala Ann Hurley,Notary Pu lic ATTENTION: The information requested below is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Type or Title of Document: Contract City of Huntington Beach Number of Pages: Date of Document: 3/10/99 Signer(s)Other Than Named Above: CAPACITY CLAIMED BY SIGNER(S) CAPACITY CLAIMED BY StGNER(S) _INDIVIDUALS _INDIVIDUALS X CORPORATE:OFFICER(S)V,^P. _CORPORATE:OFFICER(S) _PARTNER(S):_LIMITED, GENERAL _PARTNER(S):_LIMITED._GENERAL _ATTORNEY IN 1=ACT ORNEY IN FACT _TRUSTEE(S) — USTEE(S) _GUARDIANICONSERVATOR — VARDIAN/CONSERVATOR _OTHER: _OTHER: SIGNER IS REPRESENTING: SIGNER IS REPRESENTING: Name of Person(s)or Entity(ies): Name of Person(s)or Entity(ies): Sully-Miller Contracting Company THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 579674 ry This Power of Attorney limits the act of those named herein,and they have no authority to bind the Company except In the Manner and to the extent herein stated. I LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company.(the 'Company'), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name. constitute and appoint, MARK FiTZGERALD, ELIZABETH MARRERO, PAMELA K.-RIFE, CHRISTINE V. MCKENNA, ALL OF THE CITY OF NEW YORK;.STATE OF NEW YORK—'.:........................:::::...............;..:......................................... .......................................................::.............::..::.....................:.................................................:........................................... ............................................................................................................................................................................................... .......................................... .............. .......... ....... ......... .............. ........................................ each individually 9 there be more than one named,its true and lawful attomey-in-fact to make,execute;seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,an and all undertakings,bonds,reccgnizances and other surety obligations In the penal sum not exceeding FIFTY MILLION AND 00110-0 ---"`"*"-' 'DOLLARS (S 50,000,000.00' ') each, and the execution of such bonds or undertakings,In pursuance of these presents,shall be as binding upon the Company as if they had been duty signed by the president and attested by ti ,r the secretary of the Company in their own proper persons. in 0 That this power Is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. +ry .X AnCliy officer or other official of the company authorized for that purpose In writing by the chairman or the president, and subject to such C D limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act In behalf of the J e company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety e obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shalt have full power to bind the eo r0 company by their signature and execution of any such Instruments and to attach thereto the seal of the company. When so executed such — p ca tp irstruments shall be as binding as if signed by the president and attested by the secretary. ti O ' By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-tact: W W � Pursuant to Article XVI,Section 5 of the By-laws.Assistant Secretary Gamel W. Elliott Is hereby authorized to appoint such attomeys4n-fact `p Q- >~ as may be necessary to act In behalf of the company to make,execute, seal,acknowledge and deliver as surety any and all undertakings, e a bonds,recognizances and other surety obligations. M v W a) That tre By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. 1-10 w o S- IN WITNESS WHEREOF,this Instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance 3 00 Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 14th day of July 1999 a Ir of , tz c am. �/'l iy LIBERTY MUTUAL INSURANCE COMPANY �c � _ rC By Gamei W.Edon.Assrstanl Secretary ' O, �! COMMONWEALTH OF PENNSYLVANIA ss ,o COUNTY OF MONTGOMERY m c v On this 14th day of July J A.D..- 1999 before me,a Notary Public,personally came the Individual,known to `"ccoo > me to be the therein desc" ^#dual and officer of Liberty Mutual Insurance Company who executed the preceding ins'.rumenl,and he acknowled N +• t ged that he executed arba a •the seal affixed to the said preceding Instrument is the corporate seal of said company;and that said corporate �-0 CO seal and his signa, as duty affixed and subscribed to the said instrument by authority and direction of the said company. p IN TESTIMO j�j REOF,1 set my hand and a'.tix my official seal at Plymo4 Meeting,P ,the day and year first above written. p 1? OF Dck+(a,E-SHIEiDS,Notary Pvbf c�:.; PynDL'W Twp-1-k-V0rhe-y Gow1v - Notary Public •�1K4r�¢� I• _ Atr C')M,.s4M R4M F..h 9'mil'. - - ! 1,the undersig t:t retary of Liberty Mutual Insurance Company,do hereby eertity that the original power of attorney of which the foregoing is a fun,true and c c copy.is in full force and effect on the date of this certificate;and I do further certify that the officer who executed the said power of attorney was one of the officers specialty authorized by the chairman or the president 10 appoint any attomey-in-tact as provided in Article XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificale may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty-Mutual Insurance Company at a meeting duty called and held on the 121h day of March,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever 8ppeanng upon a certified copy of any power of attorney Issued by the company,shall be valid and binding upon the company with the same forge and effect as though manually affixed. -. -31 ST ' IN TESTIMONY WHEREOF,i have hereunto subscribed my name and affixed me corporate seal of the said company,this - :day of 1999 _ = SiStasK Sari _ THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPT, AFTER July 14 __ so``01 Ubertj Mutual Insurance Ccmpqny Statutory Balance Sheet (dollars In thousands Assets Pccembtr3l.1998 Bonds.....................................................................................................V............ ...................... S 10,652,412 Common&Preferred Stocks................................................................................................................. 5.2S0.993 Real Esw.e........................................................................................................................................... 141,340 Cas-'i&S%orTerm Investments.................... ......................................................................................... 225.116 Othar Invt3ltd Axsets............................................................................................................................. 562.415 Sub ota.1 Cash and Invested Assets............................................................................................................ 16,962.173 Prerinun in course or couectio.,•................................................................................................................ 1,503,612 Reinsurance Recovembles on Loss and Loss Adjustment Expense Payments............................................................. 220X2 Interest.Dividends and real Estate Income Due and Accrued................................................................................. 165,569 Other Assets......................................................................................................................................... 693.424 TOTAL NO\'AD.%nTrED ASSETS................... ........................................................................ S 19,443.030 LtablIftles"d Surplus Reserve for Losses and Loss Adjustment Expenses.................................................................................... S 10,484,373 Reserve for Unearned Premiums................................................................................................................ 1,673.756 Reinsumace Payable on Paid Loss and Lois Adjustment Experses....................................................................... 31,792 Fed"Income Tax and State Premium Tax Accrued....................................................................................... 149,585 O-lerLiabitities.................................................................................................................................... 1.039.V,3 TOTAL LIAMLITIES........ 13.377.579 79 ..................................................................................................................... unsssipcd Surplua................................................................................................................................. 4,925,724 Chwinty Fu--ds.................................................................................................................................. 1,250 Surplus Notes....................................................................................... 1.140.527 TOTAL CAPrrAL AND SURPLUS...........................................................—................................ .........-- 6,067.501 TOTAL I.LkBanns,CAPITAL AND SURPLUS........................................................................................ S 19.445.030 (•Excludes balances more than 90 days past due) COM!,(ONWEALTH OF MASSACHUSEWS SS: C=1TY OF SUFFOLK Denn's Langwa being duty sworn.says: That he is Vica President and Comptroller of Liberty Mutual Insurance Company-,that said CcriFany is a mutual insurance company duty organized,existing and engaged in business as a surety by virtue of L'e U-2 of the state of Lhe Corrunonwa&M of Massachusetts and has duly complied wish all the requirements of the laws of said Commonwealth and of the laws of the State of CALIFORNIA • applicable to said Company and is duly qualified to 1--t as surety unde,such taws;Chat said Company has also complied with wad is duly qualified to act as surety on federal bonds unde-Section 9305 of Title 31 of the United Stiles Code. That the foregoing is a full,true and correct statement of the financial condition of said Company or the 3 tat day December,1998. Sworn to before me this 3 Ist day of M arch,1999 My Commissien Expires 2 • ,ice 4s' - and .mp'l,11 MyCOMMISS[ON EXPIRES SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF NEW YORK ON , BEFORE ME PERSONALLY CAME PAMELA K. RIFE , TO ME KNOWN WHO BEING BY ME DULY SWORN DID DEPOSE AND SAY THAT HE/SHE RESIDES IN NEW YORK, NY , AND THAT HE/SHE IS AN ATTORNEY- IN-FACT OF LIBERTY MUTUAL INSURANCE COMPANY THE CORPORATION DESCRIBED INN AND WHICH EXECUTED THE WITHIN INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF SAID CORPORATION; AND THAT HE/SHE SIGNED HIS/HER NAME THERETO BY LIKE ORDER; AND THAT THE SAID COMPANY HAS RECEIVED FROM THE SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, AND SUCH CERTIFICATE HAS NOT BEEN REVOKED. R.CHARD vAsaUsz V14 Nctary pub;i�Sfa;a of New York NO-G1 VR`,G8442 f `onfElP ems � county NOTARY PUBLIC CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF ON THIS DAY OF 19 , BEFORE ME PERSONALLY CAME ,TO ME KNOWN, WHO, BEING DULY SWORN, DID DEPOSE AND SAY; THAT HE/SHE RESIDES IN AND THAT HE/SHE IS THE OF THE , THE CORPORATION DESCRIBED D; AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF THE SAID CORPORATION; THAT THE SEAL AFFIXED TO SAID INSTRUMENT IS SUCH CORPORATE SEAL; THAT IT WAS SO AFFIXED BY THE ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT HE/SHE SIGNED HIS NAME THERETO BY LIKE ORDER. NOTARY PUBLIC SECTION C C1, PROPOSAL for the ARTERIAL E IGHNVAY REHABILITATION Warner Avenue—Newland to Magnolia Brookhurst Street—Adams to 900 feet South of Adams CASH CONTRACT No. 1110 in the CITY OF HUNUNGTON BEACH TO THE HONORABLE AIAYOR AND NIEhIBERS OF THE COUNCI[L OF HIJIN7WGTON 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 necessay 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 45 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 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. C-1 �"�"�k�l0 SCHEDULE ~�~.~_--'_~ ~--_.item Estimated Fitended tt Mobilization LS deDollars. S Cents Per LS, oCents Per LS 3 2920 Unclassified Excavation -Sf-ft, Cents Per CY 4 17780 Cold Mill %. Ihbo Cents Per SF N-0 5 33 Construct Curb&Gutter per RB.Std.Plan#202 Per LF 6 Construct Curb per H.B.Std.Plan 1201 NOT IN CONTRACT THIS SCHEDULE 7 Reinforcing Fabric NOT IN CONTRACT THIS SCHEDULE 8 Construct Asphalt Concrete latex Overlay NOT rN CONTRACT THIS SCHEDULE 9 2640 Construct Asphalt Concrete Overlay W1 Ltvcling Course Cents jPer Ton � � , ' PROJECT BID SCHEDULE i" -'-Extended tem unit -7,.�.7.7.7.- it Price U , :'amount:::'N writt nti en In words'�: in 10 5670— Construct Asphalt Concrete Deep Lift Ton Dollars S S ESOMP Cents Per Ton 11 Construct Aggregate Base .NOT rN CONTRACT THIS SCHEDULE 12 7 Adjust Manhole to_ o Grade per FLB.Std.Flan#306 EA 0 lt%nkmd ffi'�w Dollars S S Cents Per EA 13 17 Adjust Water Valve to Grade per KB.Std.Rm#612 EA Q Dollars S I(D(3,.0D Sc 7 b.M J -Cents Per EA 14 1 Adjust Misc.Cover to Grade per H.B.Std Plan 9612 or 0219 EA 0 ,im M&A --_Dollars s Llop.w S VCents Per EA 15 13 Replace Traffic Loop EA @ s5un Dollars S S ir Cents Per EA SCHEDULEI Sub Total Amount Bid in Figures: $ Sub Total Amount Bid in Words-Z�Mdl� N.J C-2s C •, _ PROJECT DID SCIIEDU E It-ern. Estimated >vx a tern wit unst grrtt �;t: YY -^ :;^ Extended eta - „R:•:-� mac« �"'i:.fi,�..-. •.S"r:..r:C'r''?yi •. :�. ..•f 1. 'Quanti `; x,'f�ti$ >wr�tten in words v -a k ��' _°, w: Y.Unit Price Amount a' PC DOCS N 35353 BROOKiURST STREET(SCHEDULE II) 1 L Mobilization 4 LS @ Dollars Sk.QM S Per LS " 2 1 TraMc Control LS @ Douars SUM $ Cents Per IS 3 4280 Unclassified lExcavation CY ® Dollars $ I5.So S cam, Cents Per CY 4 4740 Cold Mull r� SF C _ _ Dollars S `�� S Cents Per SF 5 Construct Curb 8-Gutter per ELB.Std.Plan 0202 NOT IN CONTRACT THIS SCHEDULE 6 Construct Curb per H.B.Std.Plan 8201 NOT IN CONTRACT THIS SCHEDULE 35000 Reinforcing Fabric SF � r Dollars 7 U -11 —Na Cents Per SF 8 1200 Construct Asphalt Concrete Overlay Ton @ - Dollars S 3 .0 5O . a QS Cents Per Ton 9 Construct Asphalt Concrete Latex Overlay NOT W CONTRACT THIS SCHEDULE C-13 c , r PROJECT BID SCHEDULE Item Estimated < s�,,;,,•= :F� tem wit unit,price. _ �"" {. xten e 4 nQuantity �.'>r{< = c� :written irt.words H ^°,: v rx "Unit Price Amount 10 1188 Construct Asphalt Concrete Deep Lift Ton Q_ _ tL Dollars S .� S • Cents Per Ton 11 7427 Construct Aggregate Base s Ton Q C Dollars S - - S Cents Per Ton 12 3 Adjust Manhole to Grade per H.B.Std.Plan 1306 Each (cif Dollars S w.M S 901M Cents Per Each 13 5 Adjust Water Valve to Grade per KB.Std.Plan 9612 �����,," nn .._�,,- . Each a (�fY`&-1 _ 1 Dollars S S .Do Qx, Ccnts Per Each 14 Adjust Misc.Cover to Grade per H.B.Std Plan 9612 or#219 NOT IN CONTRACT THIS SCHEDULE 15 17 Replace Traffic Loop Each Q Ltt %U&&,06 Dollars S Cb. SS LIM(b Cents Per Each 16 S $ SCHEDULEII Sub Total Amount Bid in Fi res: $ agoal -40Q Sub Total Amount Bid in Wards: SCHEDULE 1 S 11 Grand Total Amount Bid in Figures: S Grand Total Amount Bid C-2s , r If awarded the ContrC the undersigned agrees that in the Cst 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. "BIDDER'S •BOND" Accompanying this proposal of bid, find in the amount of$"'1 0$" 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. (PIease insert the words "Cash% "Certified Check", or "Bidder's Bond", as the case maybe). _. Bidder shall signify receipt of all Addenda here, if any: Wderida 5 == =_ Ddfefe-ceived-V�=_ -- -=-= =- Bidder'FSj;nature C-2 C~ LIST OF SUBCO-WRAC71. AS 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 - _=Nam_eand Ar�clress oSu-hcontractvr-=== =_ ;�late_Zicerue Grass-= ste -CAin C 1 n¢ectn S+. 509 Q&rnlV-:Ez cbNSrelr lbN U)PU4Ur 060jaL4 t By submission of this proposal, the Bidder certifies: I. 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 furnished by subcontractor for this project. �1 UTILITY AGREEMEN. HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTLYGTON BEACH, CALEFORNIA- Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the ARTERIAL HIGHSYAY REHABILITATION, CC-1110, (1)(we)(h) 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 fouows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the .operation to be performed and the ha--mn*involved" The undersigned also promised and agrees that aU such work shall be performed in accordance azth all applicable electrical utility compan.'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 (�_ A— By RON SALCIDO VICE PRESIDENT Title Date: AUGUST 2, 1999 C-5 C.SQUALIFICATION UESTIC+IYAIRE Q In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty -of perjury,the following questionnaire. . QUESTIOYNAME 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 C1 No 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. ' G6 f � COi,-PENSATION INSURANCE Ck ATIFICATE PursuanM Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 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 6f this contract. SULLY-h1ILLEk CONTRACTING COMPANY Contractor By RON SALCIDO VICE PRESIDENT Title Date: AUGUST 2, 1999 C-7 � r - r r {-�iJNDERGROUNT SERVICE�iERT 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 Clays before scheduled excavation. Dig Alert Identification Number: SULLY-MILLER CONTRACTING COMPANY Contractor By RON SALCIDO VICE PRESIDENT Title Date: AUGUST 2, 1999 , Note: This form is required for every Dig 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-8 BIDDER'S INFORNUTIV1 ` BIDDER certifiies that the following information is true and correct: SULLY-MILLER CONTRACTING COMPANY Bidder Name 1100 E. ORANGETHORPE AVE., SUITE 200 Business Address ANAHEIM, CALIFORNIA 92801 City, State Zip �714 578-9600 'Telephone Number 747612 A State Contractor's License No. and Class MARCH 30, 1998 Original Date Issued MARCH 31, 2000 Expiration Date The work site was inspected by RON SALCIDO ofour office on JULY 29 Igg 9 CHIEF ESTIMATOR The following are persons, firms, and corporations having a principal interest in this proposal: SEE ATTACHED C-9 The undersigned is prcr_red to satisfy the Council of the CityHuntington Beach of its 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 Signature of Bidder -VICE PRESIDENT RON SALCIDO Printed or Typed Signature Subscribed and swum to before me this 2NDday of AUGUST 199 9 - ==t-AUCE MJN U3H t Corrurinkn#11IMS comly Drorwe =r: - •]'Iv1oyPlubiiC-C.aforna • � � My�rr�rtE+�iesOd21.2'DO NOTARY PUBLIC / / - NOTARY SEAL AL ICE M. ENGLISH - NOTARY PUBLIC 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. SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed z. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager. • Contract Amount Type of Work Date Completed C-10 JURAT State of CALIFORNIA County of ss. Subscribed and swom to (or affirmed) before me this 2ND day of AUGUST 1999 _ by Date Moro you {1} RON SALCIDO ' Kama at SVWKS} AUCE iK ENGLISH 2 _ C=Mmon# 1112 Name a sgn.r(a}i yA NOtGty F&r-tc•Con1cmtC Orangn County . I,yCcrrn6Qk-m Oct 21,2= .of aryPA, OPTIONAL Though the information in this smfon Is not required bylaw,!t may prove valuable to persons relying on the document and could prevent fraudutent removal and reattachment of this form to another document r • � r Description of Attached Document Top of thumb here TCp of VWKImb hate Title or Type of Document: BIDDER'S INFORMATION STATEMENT Document Date: AUGUST 2, 1999 Number of Pages: TWO Signer(s) Other Than Named Above: NONE O 19"National Notary Aaoda*m•WW Do Soto Me,P.O.Box 2402•Chatsworth,CA M*24W Prod.No.59% Reorder Cal Tol-Fraa 14GOe74.6a2T y CE-MEICATE OF MKIMMENU AMUSOLIMN I, George Aldrich, do hereby certify that I am an Assistant Secretary of Sully-Miller Contracting Company, a Delaware corporation,and that as such I have access to and custody of the corporate records and minute books of said corporation. , And I do hereby further certify that the following persons are duly elected officers of said corporation: TITLE NAME Chief Executive Officer . R.Bruce Rieser ChiefFinancial Officer&:Treasurer Tim P. Orchard Vice President, Chief Estimator Ron J.Salcido _ Vice President,Operations Mitchell P.Vigna Secretary Stewart M.Fuhrmann Assistant Secretary Gary A. Gibson Assistant Secretary George Aldrich I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on April 17, 1998, and that this resolution has not been in any way rescinded, annulled,or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTE BIDS AND CONTRACTS) Resolved, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Company under its corporate seal any and all proposals for the sale of products,merchandise and services of this Company and any bids and performance bonds required in connection therewith, to the United States, any of the States,territories and dependencies of the United States, the District of Columbia,cities,towns,townships,counties,school districts,and to the department,political subdivisions,agencies or wholly-owned corporations thereof,or to any other person." rN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal this 20th day of July, 1998. George Aldrich Assistant Secretary iSEAuI i PAGE 1 • SULLY-MILLER CONTRACTING COMPANY PR,TECT EXP RIENCE YEAR TYZE QF WORK VALUE OF WQRK LOCATION QF WQIU< QW VHF] ENCINEEIt COMPLETION -%VoR 1993 STREET RECONST. 1,857.468 PLACENTIA AVE.k WILSON CITY OF COSTA MESA CITY OF COSTA MESA IW93 STREET RECONST. 1,930,953 LAKEVIEW do LA PALMA CITY OF ANAREiM CITY OF ANAHEIM 04194 STREET RECONST. 724.423 ADAMS AVENUE CITY OF COSTA MESA CITY OF COSTA MESA OS/93 STREET RECONST. 1.399.976 TUSTIN A LA PALMA CITY OF ANAHEIM CITY OF ANAHEIM 02/94 STREET RECONST. 2,446,212 SEPULVEDA BLVD. Cl f Y OF CARSON CITY OF CARSON AC do CONC.PATCH 1,122,000 VARIOUS LOCATIONS CITY OF LONG BEACII BEVERLY GLAV IS 06194 STREET RECONST.• 1,093,831 SANTA MONICA BLVD. CITY OF BEVERLY BILLS CITY OF IIEVERLY IIILLS 01194 PARKING LOT 717,000 UNIVERSAL STUDIOS TURNER CONSTRUCTION 03/94 STREET RECONST. 2,446,212 SEPULVEDA BOULEVARD CITY OF CARSON CITY OF CARSON OFFIONSITE AC/CONC. 861,649 ROBERT I.FRANK SCHOOL OXNARD SCHOOL DIST. TECH 5 w9s PARKING LOT IMPROV. 991,675 CARRIAGE SQUARE CITY OF OXNARD CITY OF OXNARD 06.193 STREET RECONST. 330.586 PW 9.15,CENSUS TRACT CITY OF OXNARD CITY OF OXNARD 05194 ANNUAL AC OVERLAY 479,032 VARIOUS STREETS CITY OF CAMARILLO CITY OF CAMARILLO 04/94 STREET RECONST. 764,903 MtASURE"D"OVERLAY CITY OF SANTA BARBARA CITY OF SANTA BARBARA VLV4 STREET RECONST. 1.429,212 AHKM OVERLAY VARIOUS CITY OF THOUSAND OAKS CITY OF THOUSAND OAKS 09194 STREET RECONST. 565.506 HWY 126 WIDEN ROADWAY CITY OF MOORPARK CITY OF TIOUSAND OAKS 09t94 1994 STREET RECONST. 391,979 ATLANTIC AVENUE CITY OF LYN WOOD CITY OF LYNWOOD 12/94 AC OVERLAY 1.407.320 VARIOUS STREETS CITY OF SOUTH GATE R&W HIGiI WAY r 09/94 STREET RECONST. 1.059,555 WEST L.B.BUSINESS CITY OF LONG BEACH CITY OF LONG BEACH 06194 ARIiM OVERLAY 464,392 VARIOUS STREETS CITY OF CARPINTERIA CITY OF CARPINTERIA 12/94 AC OVERLAY 1.719,446 HWY 33/CASiSTAS SPRINGS STATE OF CALIFORNIA CALTRANS47.113234 06,93 STREET KECONST. 1,019.000 FEMA EARTHQUAKE REPAIR CITY OF SIMI VALLEY CITY OF SIMI VALLEY 06.95 AC OVERLAY 505.857 BLACKSTOCK NEIGH. TIERRA CONTRACTING CITY OF OXNARD 08r95 1 BAGS 2 1995 AC do PCC PATCH 1.300.000 VARIOUS LOCATIONS CITY OF LONG BEACH CJTY OF LONG BEACH 06/95 DOWNTOWN STREET 7,162.958 CULVER BOULEVARD CITY OF CULV ER CITY HANES&ASSOC. 03/95 STREET RECONST. 1,500,000 BROADWAY CALTRANS CALTRANS 03N5 PARKING LOT 500,000 BEVERLY HILLS HOTEL PECK JONES HIRSCH/BEDNER 02/95 STREET RECONST. 2.290.900 KRAEMER A LA PALMA CITY OF ANAHEIM CITY OF ANAHEIM 11/95 STREETRECONST. 2.052,149 BROADWAY STREET CITY OF ANAHEIM CITYOFANAIiEIM 10/93 REMEDIAL RECONST. 1.000,000 CHEVRON SITE LOCATION CHEVRON FOStER&WHEELE 04/95 RUN WAY REPAIR I.000,000 JOHN WAYNE AIRPORT ORANGE COUNTY J.WAYNE AIRPORT PARKING LOT 50000 HEBREW COLLEGE PECK JONES ASSOCIATES 06/95 STREET REHAB. 423,210 MEA&"D"520354,GOLETA COUNTY OF SANTA BARBARA COUNTY OF SANTA BARBARA I0/95 STREET REHAB. 764,23E COL.ONIA ROAD,OXNARD BLOIS CONTRUCTION CITY OF OXNARD 01/% AC OVERLAY 481.439 SOLEDO CANYON ROAD CITY OF SANT CIARITA CITY OF SANTA CL.ARITA 11/95 AC OVERLAY/PCC REPAIRS 1.423.849 ROYAL AVENUE CITY OF SIMS VALLEY CITY OF SIMI VALLEY 0246 AC OVERLAY 3%.034 VARIOUS STREETS CITY OF CALABASAS CITY OF CALABASAS 05196 AC OVERLAY 991,617 CHANNEL.ISLANDS STREET CITY OF OXNARD PW94.7 CITY OF OXNARD 03196 AC OVERLAY/PCC REPAIRS 1,116.217 CENSUS TRACT CITY OF OXNARD PW94-3 CITY OF OXNARD 03196 19% , STREET KECONST. 607.292 VARIOUS LOCATIONS 95196 CITY OF BALDWIN PARK CITY OF BALDWIN 03/96 STREET RECONST. 1,037,000 SUSAN STREET,SANTA ANA C.J.SCGERSTROM NORRIS REPKE 03/96 FKLEWAYUIDENING 3,9 035 IS FREEWAY,DEVORF, STATE OF CALIFORNIA STATEOFCA O.V% STREET REHAB. 679.331 VARIOUS LOCATIONS CITY OF RIVERSIDE CITY OF iti tR U6, M6 CONTAINER STORAGE YARD 938.136 SANTAFESPRTNGS CONWAY NTNLENGRG.TECH. 07196 FREEWAY WIDENING 5.432,331 40 FREEWAY.NEEDLES STATE OF CALIFORNIA STATE OF CALIFORNIA 06n6 STREET RECONST. 433.132 TEMPLE AVENUE COUNTY OF LOS ANGELES COUNTY OF LOS ANGELES 1W96 STREET RECONST. $74,926 MYRTLE AVENUE IRWINDALE CRA CITY OF IRWINDAL.E a 11/96 AIRPORT RUN&"TAXIWAY 13,543.946 CHINO AIRPORT COUNTY OF SAN BERNARDINO KENNEDYIJENKS I t/96 ST.LMPROVEMENTS 419.932 "C"ST.IMPROVEMENTS CITY OF FILLMORE CITY OF FILLMORE 03A6 AC 1ARHM OVERLAY 319.378 TELEGRAPH ROAD CITY OF VENTURA CITY OF VENTURA 051% AC/ARHM OVERLAY 594,430 VICTORIA AVENUE CITY OF VENTURA CITY OF VENTURA IW96 AC/ARILM OVERLAY 2,737.436 VARIOUS STREETS CITY OF THOUSAND OAKS CITY OF THOUSAND OAKS 1206 ACIARHM OVERLAY 711.091 TELEPHONEIKIMBALL CJTY OF VENTURA CITY OF VENTURA 12/96 AC 1ARUM OVERLAY 394,619 ROADSIDE DRIXANAN RD CITY OF AGOURA HILLS CITY OF AGOURA HILLS 02/97 AC 1ARI M OVERLAY 377.960 VARIOUS STREETS CITY OF CARPINTERIA CITY OF CARPINTERIA OW96 I r i PACE 3 1997 NEW STREET 11.5DOJM QUEENSWAY BAY CITY OF LONG BEACII CITY OF LONG BEACH 04/96 FREEWAY WIDENING 4,968.000 IMPERIAL COUNTY STATE OF CALIFORNIA CALTRANS O419i GRADE SEPARATION SJ13,500 7TH AVENUE CITY OF INDUSTRY WJLDAN 09199 PIER RECONSTRUCTION 2,497.900 PIER A.PORT CITY OF LONG©EACH LONG BEACH HARBOR DEPT. 09197 CONTAINER STORAGE YARD 1.019.627 PIER. PORT CITY OF LONG BEACH LONG BEACH HARBOR DEPT. 06197 PARKING LOT/ 3,067.653 DISNEYLAND WALT DISNEY IMAGINEERING WALT DISNEY 03/97 INTERS=ON CONST. FREEWAY WIDENING 27,156.156 ROUTE60f21S STATE Of CALIFORNIA CALTRANS 0112000 STREET/STORM BRAIN 6,313,707 WALNUT STREET WALT DISNEY IMAGINEERING WALT DISNEY 04611 STREET REPAIRS 641,630 MEAS"D"VARIOUS ST& COUNTY OF SANTA BARBARA COUNTY OF SANTA BARBARA 09197 AC OVERLA Y 929,791 WOOLEY ROAD CITY OF OXNARD CITY OF OXNARD 09/97 STREET WIDENING 548.544 RTE 1,VENTURA COUNTY STATE OF CALIFORNIA CALTRANS 09199 ARHM OVERLAY 1,121.885 VARIOUS STREETS CITY OF THOUSAND OAKS CITY OF THOUSAND OAKS 09199 19911 TAXIWAYS 1.772.0D0 JOHN WAYNEAIRPORT JOHN WAYNE AIRPORT JOHN WAYNEAIRPORT IVI-"S ROAD RESURFACING 43 J,669 SILVER SPUR DRIVE ROLLING HILLS ESTATES ROLLING HILLS ESTATES 12/01/99 STREET RECONST. 41.541 VARIOUS LOCATIONS CITY OF VILLA PARK WOODBRIDGE•DEVELOPMENT12117/99 STREET ALCONST. 377,800 GAGE AVENUE LOS ANGELES COUNTY-DPW LOS ANGELES COUNTY J I/2W9{ STREET IMPROVEMENTS 294.500 ARROYO DRIVE CITY OF MONTE•BELLO CITY OF MONTEBELLO o9l13/9i STREET IMPROVEMENTS 124.405 VALENDA AVENUE LOS ANGELES COUNTY-DPW LOS ANGELES COUNTY l0/31/911 STREET RECONST. 739,272 PIONELK&NORWALK ULVU. CITY OF ARTESIA CITY OF ARTLSIA 10115/96 ROAD RESURFACING 416.110 CROSSROADS PARKWAY CITY OF INDUSTRY C 4L C ENGINEERING mmll TAXIWAY 31.417 LONG BEACH AIRJ'ORT LONG BEACH AIRPORT GULFSTREAM INC. 1 I/D11911 AC OVERLAY 712,000 HWY 126 M P.13.16.7 STATE OF CALIFORNIA CALTRANS 06198 AC OVERLAY 474.950 SRI30M.P.0.11 STATE OF CALIFORNIA CALTRANS 06/91 AC OVERLAY 329,375 SR150 M.P.20.2S.S STATE OF CALIFORNIA CALTILANS 009 AC OVERLAY • 533.380 PCH SOUT1iJ30UND STATE OF CALIFORNIA CALTRANS a 07ns AC OVERLAY 265,650 HWY 101 P.M.25-37A STATE OF CALIFORNIA CALTRANS 07/93 AC OVERLAY 342.960 PCH NORTHBOUND STATE OF CALIFORNIA CALTRANS 06#91 STREET WIDENING 940,053 KELLY ROAD CITY OF THOUSAND OAKS CITY OF THOUSAND OAKS 01199 RUNWAY RESURFACING 1.347.67E CAMARILLO AIRPORT COUNTY OF VENTURA D.O.A. COUNTY OF VENTURA D.O.A. 12t96 ROAD RESURFACING 1.273.363 HOBSON PARK RESURF CITY OF OXNARD CITY OF OXNARD 03199 ROAD RESURFACING 324.453 VENTURA BLVD CITY OF VENTURA CITY OF VENTURA 01/99 �. STREET RECONST. 1,114637 VARIOUS STREETS CITY OF CAMARILLO CITY Of CAMARILLO 03/99 ROAD RESURFACING 459,403 LEISURE VILLAGE LEISURE VILLAGE ASSOC. LEISURE VILLAGE ASSOC. 12198 NOTE:The above is a partlai listing of Projects compktad In the last five yeas. SuUyMiller Coaaacting Comp+uiy compktes approaimateiy 500 projects per year. • J r BOI n_ NO. 766046(20503) fHE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond ` KNOW ALL MEN BY THESE PRESENTS, THAT WE, SULLY-MILLER CONTRACTING COMPANY . as Prrdpal,hereinafter called Principal,and _ LIBERTY MUTUAL INSURANCE COMPANY 8044 MONTGOMERY ROAD,SURE 137 CINCINNATI,CH 4SZ36 a corporation duly organized under the laws of the State of MASSACHUSETTS as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET. HUNTINGTON BEACH, CA 92648 as Obligea,hereinafter called Obligee.In the sum of 10 OF BID ( 10%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 ARTERIAL HIGHWAY REHABILITATION WARNER AVENUE -- NEWLAND TO MAGNOLIA - BROOKHURST STREET - ADAMS TO 900 FEET SOUTH OF ADAMS - CONTRACT NO. 1110 CITY OF HUNTINGTON BEAC NOW,THEREFORE.if the Obligee shall accept the bid of the Principal and tte Principal shall enter Into a Contractwlth 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 suf dent surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecufion 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 Obllgee 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 fill force and effect Sealed with our seats and dated this 30T H day o f JULY 1999 g;d Date; AUGUST 3, 1999 SUCLY-WLLER C0NT4ACTtKO COMPANY L�//, (Principal) _aC4�1 Mltress} RON SALCIDO (Title) VICE PRESIDENT 1N3L%AHCE COMPANY (S e (W ess) _j/, [�_L (Attorney-in-Fart) PAMELA lc RIFE AA DOCUUENT A=eiD BOND-AA FEBRUARY 1970 ED-THE AMERICAN tNSTrrUTE OF ARCHITECT3 WC Record#: 5234 548195 -TH.S POWER OF ATTORNEY IS Ni fALID UNLESS IT IS PRINTED ON RED BA' ,ROUND. = This Power of Attorney limits the act of those named-herein,_and they have no authority to bind the Company except in the = - _ _manner and to the extent herein stated. = _ = -_ _ LIBERTY MUTUAL INSURANCE COMPANY_ - - _ - _ - - - _ _ __ _ - - _ _ - - - = BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS SY THESE PRESENTS: Thaf Llberfy_Mutual insurance Company-(the 'Company'), a Massachusetts mutual.insurance company;-pursuant to acid by authority of the By-iaw and-Authorizat'rort hereinafter:-set forth,-does hereby name, _ - constitute and appoint; =MARK FITZGERALD, PAMELA K- RIFE, ELIfZABETH MARRERO,;ANNA B. DIME, _ - CHRISTINE V. MCKENNA.-ALL OF THE CITY OF NEW YORK,STATE-OF NEW-.YORK....:::::........................................... .. ..................................................................................................:..:..:...:......::..................:.................:..................................... ................................................................................................................................................................................................ . ..............................:..........:........:....:..................... ..............:..: ............:...............:.......................................................... ...........................................................................:................................................................................................................... each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf I aFTY MILety a AND 001 and deed an an all undertakings,bonds,recognizances and other surety obligations in the penal sum not exceeding DOLLARS ($ 50,000,000-00" ) each, and the execution of such bonds or undertakings,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by = .r the secretary of the Company in their own proper persons. .0 That this power is made and executed pursuant to and by authority of the following By-law and Authorization:CL . d ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. YAny officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such Cs limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the c company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the -p company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such pI instruments shall be as binding as if signed by the president and attested by the secretary. cr0>I By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: c 4- > Pursuant to Article XVi,Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in4act 0 as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, Q d bonds,recognizances and other surety obligations. C.i That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. — L IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance 0 Company has been affixed C t in Plymouth Meeting,Pennsylvania this 24th day of March 1999 . 0 os _ ;° t "' I•! LIBERTY MUTUAL INSURANCE COMPANY t tity L �J.fyLr 1r*% By Gamet W.Elliott,Assistant Secretary '= 0 C 'C L.+; COMMONWEALTH OF PENNSYLVANIA ss > O cc COUNTY OF MONTGOMERY 0 t On this 24th day of March A.D. 1999, before me, a Notary Public, personally came the individual, known to " > y me to be the therein desc' idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument,and he acknowied- ;= ged that he executed asartiie a t the seal affixed to the said preceding instrument is the corporate seal of said company;and that said corporate Z seal and his signatu was duly affixed and subscribed to the said instrument by authority and direction of the said company. 0 c CI IN TESTIMO REOF,I�w �p set my hand and affix my official seal at Plymo Meeting,P th�e/day and year first above written. H OF Notary Public ' .R c. 2 2002 `RTiFM-ATE I, the undersigne taR� etary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full,true and c c copy, is in full force and effect on the date of this certificate;and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company 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 30TH day of J U LY 1999 . �1uy '�' istant a etary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI&9AAE AFTER March 24 ,20 01 •. . F Liberty Mutual Insurance Comparsy_ Statutory Balance Sheet (dollars In thousandq Assets . -__ Poccrnber3t,199E Bonds........... ....................................................................................y_.........�+...................... S• 10.632,477 Common dt Preferred Stccks..........................................................._...................-.........................»......... 3,230,130 Real Estate......................»...... ........................_....................................._........................................... 141.340 Cash&SSort-Term Investments...............'................................................................................................ 225.116 MerInvested Assets....... ..................................................................................._............................. 562.415 Subtotal Cash and Invested Assets............................................. ........r.................................................. 16,E62.173 - Premium in Course of Collection'............................ ...................................._..- ....................................... _ 1,503,612 xpense Payments.... ...............................Reinsurance Recovembtes on Loss and Goss Adjustment E ................»......... 2:0,2.52 Intemst,Dividends and real Estate Income Due and Accrued......... ...................................................................... 163.569 Other Assets........................................................................................................................................ 693.474 TOTAL ItiONADMIITEDASSETS........................................................................................................... S 19,443.030 Llabltldes rind Surplus Reserve for Losses and Lose Adjustment Expenses.....,...............................................................................—... S 10.48•.373 Reserve forUnearned Premiums................................................................................................................ 1,673.736 ReLwumace Payable on Paid Lou sad Loss Adjustment Expenses....................................................................... 31.792 Federal Laeome Tax and State Premium Tax Accrued....................................................................................... 148.595 Mer Liabilides................................................................................................................................... 1.039.0'S3 TOTALLIABiL.iTIES.......................... ......... ..................................................................................... 13.377.529 Unassigned Surplus...................................................................%............................................ ... 4,925.724 Guaranty Funds................................................................................................................................... 1,230 Surplus Notes.....:................................................................................................................................. 1.140.527 TOTAL CAPITAL AND SLcWLUS............................................................................... ...................... 6,067,501 TOTAL LIABMITIES,CAPITAL AND SURPLUS........................................................................................ S 19,443,030 ('Exa!udes balances more than 90 days past due) COMMONWEALTH OF MASSACHUSVM SS-. COUNTY OF SUFFOLK Dennis LangwelL being duly sworn,says: That be is Vice President and Comp"ller of Liberty Mutual Insurance Compaa}r,that said Company is a munW i nimnce eompsny duly organized,exiting and engaged in busi.•tess as a surety by virtue of the laws of the state of the CanlnonwcalLh of ldsssuhwetts and has duly egtnplied with all the requirements of the taws orsaid Commonwealth and of the laws of the State of applicable to said Company and is duly qualified to act as surety msdersueh taws,that said Company has also complied with and is duly qualified to act as surety an federal bonds under Section 9303 of Title 31 of the United States Code. That the fortgoing is a fiall,true and correct statement of the financial condition of said Company of the 31st day December,1998. Sworn to before tree this 31st day of March, 1999 My Commission Expires ' • 4rcePre _ and omptroI MY COMMISSION EXPIRES JULY 23,20G4 SURETY ACKNOWLEDGEMENT •- STATE OF NEW YORK COUNTY OF NEW YORK ON 07/30/99, BEFORE ME PERSONALLY CAME PAMELA K. RIFE , TO ME ImOWN WHO BEING BY ME DULY SWORN DID DEPOSE AND SAY THAT HE/SHE RESIDES IN NEW YORK NY , AND THAT HE/SHE IS AN ATTORNEY- -IN-FACT OF LIBERTY X=AL INSURANCE CompANY , THE CORPORATION DESCRIBED IN, AND WHICH EXECUTED THE WTI' N INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF SAID CORPORATION; AND THAT HE/SHE SIGNED HIS/HER NAME THERETO BY LIKE ORDER; AND THAT THE SAID COMPANY HAS RECEIVED FROM THE SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, AND SUCH CERTIFICATE HAS NOT BEEN REVOKED. AMY BAXTER Notary Public,State of NewYork No-CIBAy085901 Qualified In Kings County NOT PUB Commission Expires Sept.29,1999 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF ON THIS DAY OF I9�1, BEFORE ME PERSONALLY CAME ,TO ME KNOWN, WHO, BEING DULY SWORN, DID DEPOSE AND SAY; THAT�WSHE RESIDES IN AND THAT HE/SHE IS 1TIE OF THE , THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF THE SAID CORPORATION; THAT THE SEAL AFFIXED TO SAID INMRUMENT IS SUCH CORPORATE SEAL; THAT IT WAS SO AFFIXED BY THE ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT HE/SHE SIGNED HIS NAME THERETO BY LIKE ORDER. NOTARY PUBLIC � r � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On AUGUST 2. 1999_, before me, AUCE M. ENGLISH - NOTARY PUBLfCe Dan Name and Tda of off4w(a.p..-Jail.Doe,Notary Pueaaq personally appeared RON SALCIDO Namets)or salons) Qpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personk4 whose name(4 islafe subscribed to the within instrument and acknowledged to me that helsh6ht y executed AIJCEREigtGllSH the same In hlslhe MKir authorized 1 capacity(A, and that by hisll�tl�r CcmWss!on# 1112a� - Notc y Pu;tic_Ccrtanla- signature(46 on the instrument the personK or Ora._ysCc r;y the entity upon behalf of which the person AyCarrmE)-,i-,s Oct 21,2to. ' acted, executed the instrument. WIT my,hand and offi 'at seat. • '000001t✓ Plan Notary Seal Above Sgnature of OPTIONAL Though the Information below is not required by law,d may prove valuable to persons relying on the document and could prevent fraudulent removal and reat'achment of this form to another document Description of Attached Document Title or Type of Document: _ B I D D ER rS-B O N Q_ , Document Date: JULY 30, 1999 Number of Pages:, ONE Signer(s)Other Than Named Above: 'NONE, - Capacity(ies) Claimed by Signer Signer's Name: RON SALCID0 ❑ Individual Corporate Officer—Title(s): V LCE PRES tDFNT_ _ Top e�tnunn Hers ❑ Partner—❑Umi;ed ❑General — ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator D Other. Signer Is Representing: SULLY-MILLER CONTRACTING COhtPAN � a 0 1997 Nadonal Notary Afaouatfon•9350 De Soto Ave..P.O.Bog 2402•C„atswonn.CA 91313.2402 Prod.No.$907 Reorder.Cal Toll-Free I-WMT5458V 1 Certificate of Insurance TM CERTIFICATE IS ISSUED AS A MATTER OF BJPORNATION ONLY AND CONFERS NO FICM UPON YOU THE CERTIFICATE HOLDER THIS CERTIFICATE IS NOT AN INSURANCE POUCY AND DOES NOT AME114D.MUM.OR ALTER THE COVERAGE AFFORDED BY THE POUCIES LISTED BELOW. This is to Certify that SULLY-MILLER CONTRACTING COMPANY Name and LIBERTY �- d/b/a BLUE DIAMOND MATERIALS (— address of MUTUAL. 1100 E. ORAHGETHORPE AVE. . STE 200 Insured. AANNAHE-IM. CA 92801 Is.at tfZ Issue date of this ce(tificate.Insured by the Company under the politypes)list law. The Insurance afforded by the listed palicy(es)is subject to an their terms.excdusicns end conditions and is not altered by any requirement.term or Condit, of any Contract or other document with respect to which this eerti.lcate may be Issued. EXP.DATE ❑CCNTINUOUS TYPE OF POLICY ❑EXTENDED POLICY NUMBER LIMIT OF LIABILITY POLICY TERM WORKERS COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY COMPENSATION LAW OF THE FOLLOWING STATES: Boday Injury By Accident 411/2000 WC2-631-004125-659 CALIFORNIA $ 1,000,000 Each Accident Bodily Injury By Disease $ 1.000.000 Bodily Injury By Disease $1.000.000 Each Person GENERAL LIABILITY General Aggregate- ther than ProducWComp eted Operations _ 5 3,000.000 ®OCCURRENCE 4/1/2000 RG2-631-004125-669 ProductwCompleted Operations Aggregate $ 3,000,000 ❑CLAIMS MADE Bodily Injury and Property Damage Uability Per S 2.000,000 Occurrence Personal Injury Per Person! RETRO DATE INCLUDED ABOVE Organization Other Other AUTOMOBILE LIABIL Each Accident-Single Umit $ 2,000,000 B.I.and P.D.Combined ® OWNED 4/1/2000 AS2-631-004125-679 Each Person ® NON-OWNED Each Accident or Occuffence ® HIRED s;t Each Accident or Occurrence )OTHER 0�tp AttoTT167 ADDIT ONAL CCMt.tENTS Certificate Holder is named as additional insured. AOC'L. 1ti5L'n^17-D EPdDO;S=ti;ENT ATiitC.;icD •If the certificate expiration date is Continuous or extended term,you will be notified if coverage Is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-0HIO: ANY PERSON WHO.WrTH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER,SUBMITS AN AFPLiCAT1ON OR FILES A CLAIM CONTAINING A FALSE OR CECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS' IN THE EVENT YOU FAVE ANY QUESTIONS OR NEED INFORMATION AEOUT THIS CERTIFICATE FOR ANY REASON.PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE Liberty Nfutual Group 1L1��`C`W99ER RIGHT HA4D CORNER OF TN5 CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS h0T10EROF CANCELLATION:POT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW_) BEFOW T.F.STATED FXPRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST So DAYS City of Huntington Beach 24 ' CERTIFICATE Po Box 190 1,7Aary A, Taylo i1CLUER Huntington Beach, CA 92648 A HDRt2ED REPRESEN7ATIVE Roseland, NJ (973)740-9400 8/31/99 OFFICE PHONS NUR1BER DATE ISSUED This certificate is executed by LIBERTY MUTUAL GROLT as respects such insurance as is afforded by Those Companies SS 7"-I.R2 THIS ENDORSEMENT CIIANGES THE POLICY.PLEASE READ IT CAREFULLY ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS ( FOIL-I B) This endorsement modifies insurance provided under the following-. COMINIERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach its agents,officers and employees contract: Arterial Highway Rehabilitation Project,CC l 110 (if no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsc-rent.) WHO IS AN INSURED (Section 11)is amended to include as an insured the person or organization shown in the Schedule,but only with resrect to liability arising out of"your work"for that insured by or for you. This endorsement is executed by Liberty Mutual Fire Insurance Company Effective: 911/99 Expiration:4/112000 For attachment to Policy number. RG2-631-MI25-669 issued to: Sully-hillier Contrasting Co. authorized Vresentative CG 20 10 1185 r • SURETY ACKNOWLEDGEMENT _ STATE OF NEW YORK COUNTY OF NEW YORK . . ON 8/31/99 , BEFORE ME PERSONALLY CAME PAIyfELA K. RIFE , TO ME KNOWN WHO BEING BY ME DULY SWORN DID DEPOSE AND SAY THAT HE/SHE RESIDES IN NEW YORK NY AND THAT HE/SHE IS AN ATTORNEY LET-FACT OF LIBERTY MUTUAL INSURANCE COMPANY THE CORPORATION DESCRIBED IN, AND NVMCH EXECUTED THE WFTHIN LSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF SAID CORPORATION; AND THAT HE/SHE SIGNED HIS/HER NAME THERETO BY LUM ORDER; AND THAT THE SAID COMPANY HAS RECEIVED FROM THE SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, AND SUCH CERTIFICATE HAS NOT BEEN REVOKED. " Rt ubf'c-S VASOUEEZ New Notary PO-CI AZO of New York ��'"Y_ n Meek county NOTARY PUBLIC mo ton Eact"•rres 5S2pt.2.1999 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF ON THIS DAY OF 19 , BEFORE ME PERSONALLY CAME ,TO ME KNOWN, WHO, BEING DULY SWORN, DID DEPOSE AND SAY; THAT HE/SHE RESIDES IN AND THAT HE/SHE IS THE OF THE , THE CORPORATION DESCRIBED IN AND NVHICH EXECUTED THE ABOVE INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF THE SAID CORPORATION; THAT THE SEAL AFFIXED TO SAID DISTRUMENT IS SUCH CORPORATE SEAL; THAT IT WAS SO AFFIXED BY THE ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION,- AND THAT HE/SHE SIGNED HIS NAME THERETO BY LIKE ORDER. NOTARY PUBLIC x 9 i3 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF L XOMIATION ONLY AND CON'TERS NO RlQM MN YOU THE CERTIFICATE FOLDER THIS CER7 LS>\(IT ANMURANCrrOLJCV AND DOES NOT AmENt).EYTEtiD,OR ALTER TH VERAGEAFFORDEDBYTHEPOLICIESLl_STEDBELOW. Thls Is to Certify that �-- SULLY-MILLER C011TRACTING COMI'AK- Name and LIBERTY - d/b/a BLUE DIAMOND MATERIALS 641- 4— address of MUTUAL, 1100 E. ORANGETHORPE AVE. . STE 20IP/?t �-- Insured. At1AHEIM. CA 92801 Is.at issue date or this certificate,insured by the Company tender the policy(ies)list lorV The insurance afforded by the fisted policY[es)Is subject to ail their terms,exclusions end conditions and is not altered by any requirement,term or condition of any contract or other dccument with respect to which this Certificate may be issueC. EXP'DATE . Q CONTINUOUS TYPE OF POLICY ❑EXTENDED POLICY NUMBER LIMIT OF LIABILITY PDLICY TERIA WORKERS COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY CONP.PENSATION LAW OF THE FOLLOWING STATES: Bodily Injury By Accident 411/2000 WC2-631-004125-659 CALIFORNIA $ 1.000,000 Each Bodily Injury By Disease $ 1.000.000 Poficy Limit not Bodily Injury By Disease $ 1,000.000 Path mon GENERAL LIABILITY General Aggregate-Other than ProducwCornpieted Uperations - $ 3,000.000 ® OCCURRENCE 4/1/2000 RG2-631-004125-669 Products/Completed Operations A9gregate $ 3.000,000 ❑CLAIMS MADE Bodily Injury and Property Damage Liability `�:l;UvED j~.S TO P FOPAU $ 2,000,000 Occurrence tl3'f'�0�1 Personal Injury Per _ RETRO DATE CAIL r "F,X INCLUDED ABOVE OrganizationCIiY AT Other Other B�� itp Attor ,e9 AUTOMOBILE LIABILITYEach Accident-Single Limit $ 2,000,000 6.1,and P.D.Combined ® OWNED 4/1/2000 AS2- -004125-679 Each Person ® NON-OWNED Each Accident or Occurrence HIRED ,. I:mu", AT 1 "' Each Accident or OccurrencJ OTHER '{` ADDITIONAL COMPAENTS Certificate Holder is named as additional insured. '11 the certificate expiration date is continuous or extended term.you will be notified if coverage is terminated or reduced before the Certificate expiration date. SPECIAL NOTICE-0HIO: ANY PERSON WHO.WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT 15 GUILTY GF INSURANCE FRAUD. WPORTAYT NOTICE TO FLORICA POLICYHOLDERS AN3 CERTIFICATE HOLDERS t IN THE MINT YOU HAVE ANY OUCSTrONS OR NEED WORMATrON ABOUT THIS CERTIFICATE FOR ANY REASON.PLEASE CONTACT YOUR LOCAL SALES PRODUCER. WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE Liberty Nlutual Group LOWER RIGHT HAND CORNER �}OFF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NO0TICCANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOE UNLESS A NUMBER OFVE POLICYS IS:IES UNTIL AT NTERED LEASTBEFDRF30 F STATED EXPIRATION DATE THE COMPANY WILL City of Huntington Beach A-3 DAYS CERTIFICATE PO Box 190 ary A. Taylo HOLDER Huntington Beach, CA 92648 A HORIZEDREPRESENTATIVE Roseland, NJ (973)740-9400 8/31/99 OFFICE PHONE NUMBER DATE ISSUED This cer ificate is executed by LIBERTY b EUT UAL GROLT as msFetts such insurance as is afforded by Those Companies JBS 772L J t THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ Yf CAREFULLY ADDITIONAL INSURED-OINVERS,LESSEES OR COINMRACTORS (FOTtAI B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIA131LITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach its agents,officers and employees contract: Arterial Highway Rehabilitation Project,CC 1110 (if no entry appears above,information required to complete this endorsement will be show in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section[I)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of "}our work"for that insured by or for you. This endorsement is executed by Liberty Mutual Fire Insurance Company Effective: 911199 Expiration:41M000 For attachment to Policy number. RG2-631.004I25.459 Issued io: sully-Miller Contracting Co. authorized •presentative CC I010 1195 (11) 09107/99 -Council/Agency Agenda -Page 11 E-5. (City Council)Approve Consultant Selection for Shields Storm Drain Pump Station Improvements—CC-584—Approve Professional Services Contract With John Tettemer& Associates. Inc. (600.60)—1. Approve$206,008 for the preparation of improvement plans, specifications; and 2. Approve the selection of John M. Tettemer& Associates, Incorporated, Costa Mesa, California, to prepare the improvement plans, specifications for the Shields Storm Drain Pump Station; CC-584; and 3. Approve Professional Services Contract Between The City And John U Tettemer&Associates for Shields Storm Drain Pump Station and authorize the Director of Public Works to expend $232,608 to cover contract costs of$206,008, potential change orders of $20,600, and supplemental expenditures of$6,000. Submitted by the Director of Public Works Funding Source: FEMA Grant-$1.6 million and 25% City matching funds. [Approved 6-0-1 (Garofalo absent)] E-6. (City Council prove Joint Training Partnership Act (JTPA) Agreement with County of Orange—Acceptance of State Grant Funds Reimbursing City Relative to Employment of Firefighter Paramedics from the Closed El Toro &_Tustin Marine Corps Air Stations (600.25)—Approve and authorize the Mayor and City Clerk to execute the JTPA Agreement with the County of Orange to accept grant funds in the amount of$16,962.95. Submitted by the Fire Chief [Approved 6-0-1 (Garofalo absent)] E 7. (City Council) Award Bid to Sully Miller, Inc.for Arterial Highway Rehabilitation Prolect—CC-1110—Approve Construction Contract—Wa_mer Avenue From Newland to Magnolia Streets & Brookhurst Street from Adams Avenue to 904' slo Adams Avenue (600.50)— 1. Approve the low responsivelresponsible bid submitted by Sully-Miller, Inc., for the Arterial Highway Rehabilitation Project; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of $698,000; and 3. Authorize the Director cf Public Works to expend a total of$780.000, including the contract amount of$698,000, anticipated construction change orders of $69,840, and supplemental expenditures of$11,760; and 4. Approve the carryover of FY 1998/1999 General Funds in the amount of$720,000 for the Arterial Highway Rehabilitation Project; CC-1109 to the FY 1999/2000. Submitted by the Director of Public Works Funding Sources: City/County Measure "M" Tumback Funds/City of Fountain Valley funds [Approved 6-0-1 (Garofalo absent)] E-8. (City Council) Adopt Resolution No. 99-65-Authorizing the Director of Public Works to Approve Escrow Agreements for Security Deposits In Lieu of 10% Retention Funds Withheld on Cash Contracts (600.05)—Adopt Resolution No. 99-65 "A Resolution of the City Council of the City of Huntington Beach Authorizing the CiVs Director of Public Works to Approve Standard Escrow Agreements for Security Deposits in Lieu of Retention Funds Withheld by the City for Public Works Contracts." Submitted by the Director of Public Works [Approved 6-0-1 (Garofalo absent)] RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve Construction Contract for the Arterial Highway Rehabilitation Project; CC-1110 COUNCIL MEETING DATE: I September 7, 1999 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by CityAttomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS Not Applicable REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) { } City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: �Beloi�,Space For Citk:Clerk's Use • RCA Author: Charlonne i COPIES TO: Suzanne GENEIL STREET REHABILITATION Warner-Newland to MagnoligMrookhurst Adams To 900' South of Adams CC-1110 August 3, 1999, 2:00 PM (Engineer's Estimate: $705,000) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. All American Asphalt $ 2. Econolite Control Products $ 3. Excel Paving f Z)g f cyllrv-p $ �r��-1 roc��. 00 4. Griffith Company $ 5. Gueno Development $ 6. LA Signal, Inc. $ 7. Moore Electrical Contracting $ 8. Pavement Recycling Systems $ 9. Peek Traffic $ 10. W Noble $ 5F5 7 9 V •b 9 11. Ruiz Engineering $ 12. Sequel Contracting $ lv 4147 13. Silva Construction, Inc. $ 14. Smithson Electric, Inc. $ 15. Sully Miller $ 5Sg boo. 00 Page one of one K-CEtVED CITY CLERK CITY OF ' HUNTINGTON BEACH.CA 3R99 AUG -3 P 2. 00 RECEIVE0 = =- CITY CLERK CITY OF - HUNTINGTON BEACH.CA Mq Attu -3 P t- Sq r 'L SECTION C PROPOSAL for tl:e ARTERIAL IIIGMNAY REHABILITATION Warner Avenue—Newland to Magnolia Brookhurst Street—Adams to 900 feet South of Adams CASH CONTRACT No. 1110 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTIaNGTON 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 45 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 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. C-1 f L PROJECT BID SCHEDULE r Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount WARNER-NEWLAND TO MAGNOLU(SC1ID 1) 1 1 Mobilization LS r Dollars $ 1'4_ � m^ $ Cents Per LS 2 1 Traf ac Control �,� LS a 5 h l%" �n.� Dollars S � S 0 Cents Per LS 3 12920 Unclassified Excavation rt .:� CY L&= Dollars $ t(0.50 S LIB 1�.00 Jlfl t Al Cents Per CY �— 4 17780 Cold Mill SF of Dollars so.so $ 5�3_ Cents Per SF 5 33 Construct Curb&Gutter per H.B.Std.Plan#202 LF a �L rtlxK -- - Dollars $ �{3.00 $ Cents Per LF 6 Construct Curb per 11.B.Std.Plan 4201 NOT IN CONTRACT THIS SCHEDULE 7 Reinforcing Fabric NOT IN CONTRACT THIS SCHEDULE 8 Construct Asphalt Concrete latex Overlay NOT IN CONTRACT THIS SCHEDULE 9 2640 Construct Asphalt Concrete Overlay%V/Leveling Course Ton a (111 Dollars S_ $ Cents Per Ton C-1s r t PROJECT BID SCHEDULE • teen Estimated tern ivit unit price Extended No.: Quantity written in words Unit Price Amount 10 5670 Construct Asphalt Concrete Deep Lift Ton �� 5{� Dollars S M.M_ Cents Per Ton it Construct Aggregate Base .NOT TIN CONTRACT THIS SCHEDULE - 12 7 Adjust Manhole to Grade per II.B.Std.Plan 0306 EA a TUy%M&v Dollars U11 Cents Per EA 13 17 Adjust Water Valve to Grade per II.B.St.i.Plan 0612 EA rr t.131aw l � Dollars S 1 t.."0 ZD $ Inr"?. Qj Cents Per EA 14 1 Adjust Misc.Cover to Grade per I I.B.Std Plan#612 or 0219 EA rr � �{[^( � Dollars S LJWZb S LM _ Cents Per EA 15 13 Rcplacee T+rsft_is Loop o_ _p ,y EA u � - _ Dollars S ,� S (�f� Cents Per EA S S SCHEDULE[ Sub Total Amount Bid in Fi ures: $ S' Sub Total Amount Bid in Words. _ tAG�11 C.2s f PROJECT BID SCHEDULE . ' •• Item Estimated Item with unit price Litended No.' :Quanti .'.written in words Unit Price Amount PC ROCS if 3S353 BROOKIIURST STREET(SCHEDULE 11) 1 1 Mobilization LS @ �.A4XMCal a Dollars $ S Cents Per LS 2 1 Traffic Control LS 4 Dollars S g � SS 1(� - Cents Per LS 3 4280 Unclassified Excavation CY @ i Dollars S �rJ,a� S (C6Om-is Cents Per CY 4 4740 iCold Mill t SF a Dollars S Q•3� $ 1 Cents Per SF 5 Construct Curb&Gutter per H.B.Std.Plan#202 NOT IN CONTRACT THIS SCHEDULE 6 Construct Curb per fLB.Std.Plan 0201 NOT IN CONTRACT THIS SCHEDULE 7 35000 Reinforcing Fabric SF @ _ Dollars S_0.0c cents Per SF 8 1200 Construct Asphalt Concrete Overlay Ton L iti�a� i1.]P_ Dollars S�'S.� S Cents Per Ton 9 Construct Asphalt Concrete Latex Overlav NOT IN CONTRACT THIS SCHEDULE G1s 5 r PROJECT BID SCHEDULE L stimate tem wit unit price xten e:Quantity :written in words Unit Price Amount 10 1188 Construct Asphalt Concrete Deep Lift Ton Q ��' }1 Dollars $So.{0 S 25 Cents Per Ton 11 7427 Construct Aggregate Base Ton C Dollars S P.ty) S Cents Per Ton 12 3 Adjust Manhole tto4Grade per H.B.Std.Plan 0306 Each t✓; tom ttt � Dollars S 3M.M S Cents Per Each 13 5 Adjust Water Valve to Grade per .H.�BB.._Std.Plan#612 Each © d �Nl ►1 Dollars S l[DD,Db S Q -)f).DD _ _Cents Per Each la Adjust Misc.Cover to Grade per H.B.Std Plan#612 or#219 NOT IN CONTRACT THIS SCHEDULE 15 17 Replace Traffic Loop " Each @ ��1 r(7d'�l� Dollars S S 3 . _Cents Per Each lb S S SCHEDULEII Sub Total Amount Bid in Figures: $ Sub Total Amount Bid in Words: t ��,�, } SCHEDULE 18 11 Grand Total Amount Bid in Fi res: $ Grand Total Amount Bid in C-2s 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 elate 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. "BIDDER'S BOND" ]0%- Accompanying this proposal of bid, find in the amount of$ --- '-----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 maybe). Bidder shall signify receipt of all Addenda here, if any: Addenda No. ° Date Received .: Bidder's Signature C-2 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 =- .-Manse and Address of Subcontractor- ::---- -. State License- Cass _ o Work = r 1!'itniber n 'n 'ti r15 758A C 3a C �non (ass • aqv= tolq51G S. i . 5 cord 1�('t1lQ�Z C1�N�(Q,UCr1bN yr c�e3a� � 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 furnished by subcontractor for this project. C-3 1 NONCOLLUSION AFFIDAVIT -r TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange RON SALCIDO , being first duly sworn, deposes and says that he or XX is VICE PRESIDENT of SULLY-MILLER CONTR. COxhe 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 - Signature of Bidder AUCEM.DgGILSH RON SALCIDO - VICE PRESIDENT-- w ., C=nlsslon#1112305 1100 E. ORANGETHORPE AVE., SUITE 200 Natay Pvbh"c-CoLbrft .. ; prurgecotjn,y = ANAHEIM, CALIFORNIA 92801 Address of Bidder Subscribed and sworn to before me this 2ND day of AUGUST , 199 9 NOTARY PUBLIC aiz ALICE hi. ENGLISH NOTARY PUBLIC NOTARY SEAL C4 1 10 JURAT c State of CALIFORNIA County of ORANGE ss. Subscribed and sworn to (or affirmed) before me this 2 N D day of AUGUST , 1999 , by rn"Date Mo Veer (1) RON SALCIDO Name d Srgnats► (2 AUCE K ENGUSH NW*o1 s9mlrMa_ CnsntM40n V T 11=S If r Notary Public-Cdfflmia orange C-10 y -.- t.+y comrn�Qct21.2000� s'4"at"" "ary OPTIONAL Though the Informailon In this section Is not required by taw,it may prove valuable to persons relying on the document and could prevent fraUduterrt removal and reatrachment of this tam to another document. Description of Attached Document Top of thumb here lop of thumb here Title or Type of Document: NON-COLLUSION AFFIDAVIT Document Date: AUGUST 2. 1999 Number of Pages: ONE Signer(s) Other Than Named Above: NONE O 19"NaftW Notary Anoelrtlon•9350 D•solo Ave..PO.9ax 2402 r Chatewor t,CA 91W-24w Prod.No.594 Reader,Ceti Too-Free I-000-RTE4 W 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 the ARTERIAL HIGHWAY REHABILITATION, CC-1110, (I)(we)(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 RON SALCIDO VICE PRESIDENT Title Date: AUGUST 2, 1999 C-5 . .' r T DISQUALIFICATION QUESTION AIRE In accordance with Government Code Section 14310.5, the Bidder shah 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 M No 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-6 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. 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 ;x ith such provisions before commencing the performance of the work of this contract. SULLY-MILLET CONTRACTING COMPANY Contractor @' A By RON SALCIDO VICE PRESIDENT = ' Title Date: AUGUST 2, 1999 C-7 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 1-800-4224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: SULLY-MILLER CONTRACTING COMPANY Contractor By RON SALCIDO VICE PRESIDENT Title Date: AUGUST 2, 1999 Note: Phis form is required for every Dig 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-8 ~ BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: SULLY-MILLER CONTRACTING COMPANY Bidder Name 1100 E. ORANGETHORPE AVE., SUITE 200 Business Address ANAHEIM, CALIFORNIA 92801 City, State Zip { 714 578-9600 Telephone Number 747612 A State Contractor's License No. and Class MARCH 30, 1998 Original Date Issued MARCH 31, 2000 Expiration Date The work site was inspected by RON SALCIDO ofour office on JULY 29 , 1992 CHIEF ESTIMATOR The following are persons, firms, and corporations having a principal interest in this proposal: SEE ATTACHED G9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its 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 OL Signature of Bidder VICE PRESIDENT RON SALCIDO Printed or Typed Signature Subscribed and sworn to before me this 2NDday of AUGUST 199 9 J cammbdon 01112305 If _ . NWWY P Aft-California y OMrw County *C mtb#w0ct21,2000 NOTARY PUBLIC J NOTARY SEAL ALICE M. ENGLISH - NOTARY PUBLIC 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. SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 JURAT State of CALIFORNIA County of —ORAtIGE - - ss. Subscribed and sworn to (or affirmed) before me a 4 this 2ND day of AUGUST 1999, by Dal• Month Year j (1) RON SALCIDO (2) N.tCt=M MUSH 111=3 ^' %&Cly p�f'C-tr0"?C>m4d onrrAcomv •01 Ivai Public OPTIONAL Though the information In this section is not required bylaw.n may prave valuable to persons relying on the document and Gaud prevent trauduleont removal and reattachment of this to=to another document Description of Attached Document top of 1►>xnn here lop of Ihumb tWe Title or Type of Document: BIDDER'S INFORMATION STATEMENT Document Date: AUGUST 2, 1999 Number of Pages: TWO i l 1 Signer(s) Other Than Named Above: NONE O 10"NobwA1 Notary A••ocia*A•93W D•Sow Ave,P.O.ew 2402•Chat•worth,CA 9*13-2402 Prod.No.5914 PActd•r:Cd 7ed-Fr••1.600•9704W CERTIFICATE OF INCUIyIBENCY AND RESOLUTION I, George Aldrich, do hereby certify that I am an Assistant Secretary of Sully-Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation: TITLE NAME Chief Executive Officer R. Bruce Rieser Chief Financial Officer&Treasurer Tim P. Orchard Vice President, Chief Estimator Ron J. Salcido Vice President, Operations Mitchell P. Vigna Secretary Stewart M. Fuhrmann Assistant Secretary Gary A. Gibson Assistant Secretary George Aldrich I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on April 17, 1998, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTE BIDS AND CONTRACTS) Resolved, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Company under its corporate seal any and all proposals for the sale of products,merchandise and services of this Company and any bids and performance bonds required in connection therewith, to the United States, any of the States, territories and dependencies of the United States, the District of Columbia, cities,towns,townships, counties, school districts, and to the department, political subdivisions, agencies or wholly-owned corporations thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 20th day of July, 1998. George Aldrich Assistant Secretary (SEAL) PAGE I SULLY-MILLER I'MECT_EXYERIENCE WAI TYPE OMOlUi VALUE OFVORK LOCATION OF WORK OWNE1 ENGINEER COMPLETION WOR 1993 STREET RECONST. 1,357,499 PLACENTIA AVE.&WILSON CITY OF COSTA MESA CITY OF COSTA MESA IOv93 STREET RECONST. 1.830,953 LAKEVIEW&LA PALMA CITY OF ANAHEIM CITY OF ANAHEIM 04.94 STREET RECONST. 724,429 ADAMS AVENUE CITY OF COSTA MESA CITY OF COSTA MESA 051,93 STREET RECONST. 1.398,976 TUSTJN&LA PALMA CITY OF ANAHEIM CITY OF ANAHEIM 02,94 STREET RECONST. 2,446.212 SEPULVEDA BLVD, CITY OF CARSON CITY OF CARSON AC&CONC.PATCH 3,112.000 VARIOUS LOCATIONS CITY OF LONG BEACH BEVERLY GLAVIS ft94 STREET RECONST. 1.098,831 SANTA MONICA BLVD. CITY OF BEVERLY HILLS CITY OF BEVERLY III LLS 01194 PARKING LOT 717,000 UNIVERSAL STUDIOS TURNER CONSTRUCTION 03.94 STREET RECONST, 2,446.212 SEPULVEDA BOULEVARD CITY OF CARSON CITY OF CARSON OFF/oNSITE ACICONC. $81,649 ROBERT L FRANK SCHOOL OXNARD SCHOOL DIST. TECH 5 0&95 PARKING LOT IMPROV, 991.675 CARRIAGE SQUARE CITY OF OXNARD CITY OF OXNARD 0&93 STREET RECONST. 330,586 PW 9-13,CENSUS TRACT CITY OF OXNARD CITY OF OXNARD 05194 ANNUAL AC OVERLAY 479.032 VARIOUS STREETS CITY OF CAMARILLO CITY OF CAMARILLO 041'94 STREET RECONST. 764,903 MEASURE"D'OV ERLAY CITY OF SANTA BARBARA CITY OF SANTA BARBARA 0&9•I STREET RECONST. 1.429.212 AHKM OVERLAY VARIOUS CITY OF THOUSAND OAKS CITY OF THOUSAND OAKS 09494 STREET RECONST. 599.506 IIWY 126 WIDEN ROADWAY CITY OF MOORPARK CITY OF 711OUSAND OAKS 09.94 1994 STREET RECONST. 891,871 ATLANTIC AVENUE CITY OF LYNWOOD CITY OF LYNWOOD 12r94 AC OVERLAY 1.407.820 VARIOUS STREETS CITY OF SOUTH GATE R&W HIGHWAY 09194 STREET RECONST. 1,059,555 WEST L.B.BUSINESS CITY OF LONG BEACH CITY OF LONG BEACH 06,94 ARILM OVERLAY 464.382 VARIOUS STREETS CITY OF CARPINTERIA CITY OF CARPINTERIA 121,94 AC OVERLAY 3.719,446 H WY 331CASISTAS SPRINGS STATE OF CALIFORNIA CALTRANS-07•113234 06.93 STREET RECONST. 1,019.000 FLMA EARTHQUAKE REPAIR CITY OF S1161I VALLEY CITY OF SIMI VALLEY 06.95 AC OVERLAY 505,851 BLACKSTOCK NEIGH. TIERRA CONTRACTING CITY OF OXNARD 0&93 PAGE 7 1995 AC& PCC PATCH 1.300.000 VARIOUS LOCATIONS CITY OF LONG BEACH CITY OF LONG BEACH 06195 DOWNTOAW STREET 7.162.938 CULVER BOULEVARD CITY OF CULVER CITY HANES&ASSOC. 03195 STREET RECONST. 1,500.000 BROADWAY CALTRANS CALTRANS 03/95 PARKING LOT 500,000 BEVERLY HILLS HOTEL PECK JONES JIJRSCJLBEDNER 02195 STREET RECONST. 2,290.900 KRAEMER&LA PALMA CITY OF ANAHEIM CITY OF ANAHEIM 11195 STREET RECONST. 2.052,149 BROADWAYSTREET CITYOFANAHEIM CJTYOFANAHEIM 10.95 REMEDIAL RECONST. 1,000,000 CHEVRON SITE LOCATION CHEVRON FOSTER&WIIEELE 04/95 RUNWAY REPAIR 1,000,000 JOHN WAYNE AIRPORT ORANGE COUNTY J.WAYNE AIRPORT PARKING LOT 500.0W HEBREW COLLEGE PECK JOKES ASSOCIATES 06/95 STREET REHAB. 423.210 MEAS."D"820354,GOLETA COUNTY OF SANTA BARBARA COUNTY OF SANTA BARBARA 10195 STREET REHAB. 764,238 COLONIA ROAD.OXNARD BLOIS CONTRUCTION CITY OF OXNARD 01196 AC OVERLAY 491.439 SOLEDO CANYON ROAD CITY OF SANT CLARJTA CITY OF SANTA CLARJTA 1 I/95 AC OVERLAY/PCC REPAIRS 1.423.849 ROYAL AVENUE CITY OF SIMI VALLEY CITY OF SIMI VALLEY 02196 AC OVERLAY 596,034 VARIOUS STREETS CITY OF CALABASAS CITY OF CALABASAS 0S/96 AC OVERLAY 998.617 CHANNEL ISLANDS STREET CITY OF OXNARD PW94-7 CITY OF OXNARD 0366 AC OVERLAY/PCC REPAIRS 1.126.217 CENSUS TRACT CITY OF OXNARD PW94-3 CITY OF OXNARD 03196 1996 STREET RECONST. 607.292 VARIOUS LOCATIONS 91% CITY OF BALDWIN PARK CITYOF BALDWIN 03196 STREET RECONST. 1.037.000 SUSAN STREET,SANTA ANA Cl SEGERSTROM NORRIS PEPKE 03196 FREEWAY WIDENING 3,991,535 13 FREEWAY,DEVORE STATE OF CALIFORNIA STATL OF CA 05196 STREET REHAB. 979,331 VARIOUS LOCATIONS CITY OF RIVERSIDE CITY OF RIVERSIDE 06196 CONTAINER STORAGE YARD 838,136 SANTA FE SPRINGS CONWAY NTNL ENGRG.TECH. 071% FREEWAY WIDENING $.432.337 40 FREEWAY,NEEDLES STATE OF CALIFORNIA STATE OF CALIFORNIA OV%6 STREET RECONST. 433.132 TEMPLE AVENUE COUNTY OF LOS ANGELES COUNTY OF LOS ANGELES 10196 STREET RECONST. 574.926 MYRTLE AVENUE IRWINDALE CRA CITY OF IRWINDALE 11/96 AIRPORT RUN&TAXIWAY 13,345,946 CHINO AIRPORT COUNTY OF SAN SERNARDiNO KENNEDY/JENKS J IM ST.IMPROVEMENTS 419.982 "C"ST.IMPROVEMENTS CITY OF FILLMORE CITY OF FILLMORE 05N6 AC/ARHM OV ERLAY 319.379 TELEGRAPH ROAD CITY OF VENTURA CITY OF VENTURA 05o96 AC/ARHMOVERLAY 394,430 VICTORIA AVENUE CITY OF VENTUF A CITYOF VENTURA 10196 AC/ARHM OVERLAY 2.797,436 VARIOUS STREETS CITY OF THOUSAND OAKS CITY OF THOUSAND OAKS 1296 AC/ARHM OVERLAY 711,091 TELEPHONMMBALL CITY OF VENTURA CITY OF VENTURA 12/96 AC/ARHM OVERLAY 394.613 ROADSIDE DRiKANAN RD CITY OF AGOURA HILLS CITY OF AGOURA HILLS 02197 AC/ARAM OVERLAY 377."0 VARIOUS STREETS CITY OF CARPINTERJA CITY OF CARPINTERIA 09j96 wr PAGE 3 1"7 NEW STREET 11.500.000 QUEENSWAY BAY CITY OF LONG BEACH CITY OF LONG BEACH 04.98 FREEWAY WIDENING 4,869,000 IMPERIAL COUNTY STATE OF CALIFORNIA CALTRANS O4,98 GRADE SEPARATION 2,593,500 7TH AVENUE CITY OF INDUSTRY WILDAN 09.99 PILK RECONSTRUCTION 2,497.900 PIER A.PORT CITY OF LONG BEACII LONG BEACH HARBOR DEPT. 09197 CONTAINER STORAGE YARD 1.099.627 PIER, PORT CITY OF LONG BEACI I LONG BEACJI ILA RBOR DEPT. Ob97 PARKING LOT/ 3.067,655 DISNEYLAND WALT DISNEY IMAGINEERING WALT DISNEY 03097 INTERSECTION CONST. FREEWAY WIDENING 27.156,156 ROUTE 601215 STATE OF CALIFORNIA CALTRANS 01/2000 STREET/STORM DRAIN 6,913.707 WALNUT STREET WALT DISNEY IMAGINEERING WALT DISNEY 04199 STREET REPAIRS 648,630 MEAS"W VARIOUS STS. COUNTY OF SANTA BARBARA COUNTY OF SANTA BARBARA 09197 AC OVERLAY 929,701 WOOLEY ROAD CITY OF OXNARD CITY OF OXNARD 09/97 STREET WIDENING $48.544 ATE 1,VENTURA COUNTY STATE OF CALIFORNIA CALTRANS 091,98 ARH,M OVERLAY 1,881,883 VARIOUS STREETS CITY OF THOUSAND OAKS CITY OF THOUSAND OAKS 09198 I99a TAXIWAYS 1.772,000 JOHN WAYNE AIRPORT JOI IN WAYNE AIRPORT JOHN WAYNE AIRPORT 12/15/98 ROAD RESURFACING 431,869 SILVER SPUR DRIVE ROLLING HILLS ESTATES ROLLING HILLS ESTATES 12101/98 STREET RECONST. 41.541 VARIOUS LOCATIONS CITY OF VILLA PARK WOODBRIDGE DEVELOPMENT I V 17198 STREET RLCONST. 377.900 GAGE AVENUE LOS ANGELES COUNTY-DPW LOS ANGELES COUNTY 11120198 STREET IMPROVEMENTS 298.500 ARROYO DRIVE CITY OF MONTEBELLO CITY OF MONTEBELLO 09/15r98 STREET IMPROVEMENTS 124,405 VALENDA AVENUE LOS ANCrFLFS COUNTY-DPW LOS ANGELES COUNTY 10/31AS STREET RECONST. 739.272 PIUNLLK&NORWALK BLVD. CITY OF ARTESIA CITY OF ARTESIA 10/I5Na ROAD RESURFACING 4I6,310 CROSSROADS PARKWAY CITY OF INDUSTRY C&C ENGINEERING 1012098 TAXIWAY 33.427 LONG BEACH AIRPORT LONG BEACH AIRPORT GULFSTREAM INC. I i/0IP98 AC OVERLAY 712.000 HWY 126 M.P.13-16.7 STATE OF CALIFORNIA CALTRANS 06,99 AC OVERLAY 474.950 SR 150 M.P.0.11 STATE OF CALIFORNIA CALTRANS 06r98 ACOVERLAY 329.375 SRISOM.P.20.2S.S STATE OF CALIFORNIA CALTRANS 06,99 AC OVERLAY 533,980 PCH SORTHBOUND STATE OF CALIFORNIA CALTRANS 07.98 AC OVERLAY 263.650 HWY 101 P.M.25.37A STATE OF CALIFORNIA CALTRANS 07199 AC OVERLAY 342.960 PCH NORTHBOUND STATE OF CALIFORNIA CALTRANS 0698 STREET WIDENING 940,055 KELLY ROAD CITY OF THOUSAND OAKS CITY OF THOUSAND OAKS 01199 RUNWAY RESURFACING i,347.678 CAMARILLO AIRPORT COUNTY OF VENTURA D.O.A. COUNTY OF VENTURA D.O.A. 1198 ROAD RESURFACING 1,273.363 HOBSON PARK RESUILF CITY OF OXNARD CITY OF OXNARD 03M ROAD RESURFACING 329.453 VENTURA BLVD CITY OF VENTURA CITY OF VENTURA 01/99 STREET RCCONST. 1.114657 VARIOUS STREETS CITY OF CAMARILLO CITY OF CAMARILLO 03o99 ROAD RESURFACING 452,403 LEISURE VILLAGE LEISURE VILLAGE ASSOC LEISURE VILLAGE ASSOC. 12195 NOTE:The above is a partial listing of Projccts complcied in the last five years Sully-Miller Contracting Company completes approximately 500 projects per year. I,e CrT 1:L u� ry � CITY OF I I i SEALED BID 1 S ULLYN ILUR CONTRACTING CO. TO: CITY OF HUNTINGTON BEACH i CITY CLERK, CITY HALL' , 2ND FLOOR i 2000 MAIN STREET, HUNTINGTON BEACH, CA , BID DATE: AUGUST 3, 1999 Q 2:00 PM i BID PR01: ARTERIAL HIGHWAY REHABILITATION WARNER AVE. - NEWLAND TO MAGNOLIA BROOKHURST ST' - ADAMS TO 900 FEET j SOUTH OF ADAMS CONTRACT NO. 1110 I IIW E.ORANGETE101PE A►'f..STE.200 l ANAHEIM,CA 92wl E 1N THE CITY OF UNTINGTON BEACH 1 f I i I ti � 1 BOND NO. 766046(20503) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE, SULLY-MILLER CONTRACTING COMPANY as Principal,hereinafter called Principal,and LIBERTY MUTUAL INSURANCE COMPANY 8044 MONTGOMERY ROAD,SUITE 137 CINCINNATI,OH 45236 a corporation duly organized under the laws of the State of MASSACHUSETTS as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as Obligee,hereinafter called Obligee,in the sum of 10%OF BID ( 10%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 ARTERIAL HIGHWAY REHABILITATION WARNER AVENUE - NEWLAND TO MAGNOLIA - BROOKHURST STREET - ADAMS TO 900 FEET SOUTH OF ADAMS - CONTRACT NO. 1110 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 bond or bonds as may be specified in the bidding or•Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in•full force and effect. Sealed with our seals and dated this 30T H day o f J U LY 1999 Bid Date: AUGUST 3, 1999 ` /' I✓aztXX"-Xta SULLY-MILLER CONTRACTING COMPANY(Principal) (witness) 0RON SALCIDO (Title) VICE PRESIDENT ,---L•19ER UTUAL INSURANCE COMPANY (Surat (W' ess) (Attorney-in-Fact) ' PAMELA K.RIFE AIA DOCUMENT A310 BID BOND-AIA FEBRUARY 1970 ED-THE AMERICAN INSTITUTE OF ARCHITECTS WC Record#: 5234 TH:POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 548195 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the `manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY,THESE PRESENTS: That Liberty Mutual Insurance Company (the'Company'), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, MARK FITZGERALD;PAMELA K.RIFE, ELIZABETH MARRERO,ANNA B. DIME, CHRISTINE V. MCKENNA,ALL OF THE CITY OF NEW YORK;STATE OF NEW YORK................................................... ............................................................................................................................................................................................. ..................................................................................................................................................:........................................ ...............»............................................................................................................................................................................... ..................................................................................................................................»........................................................ each individually if there be more than one named,its true and lawful attomey-In-fact to make,execute,sea],acknowledge and deliver,for and on its behalf as surety and as its act and deed,an�and�a�undertakings,bonds,recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND WWI1W ----•-- DOLLARS ($ 50,000,000.00***" ) each. and the execution of such bonds or �. undertakings,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by .: the secretary of the Company in their own proper persons. a� RThat this power is made and executed pursuant to and by authority of the followirg By-law and Authorization: c ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. en x ai Any officer or other official of the company authorized for that purpose In writing by the chairman or the president, and subject to such ,p e limitations as the chairman or the president may prescribe,shall appoint s.rch atlomeys-in-fact,as may be necessary to act in behalf of the �. C company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety c obligations. Such attome s in-Tact,subject to the limitations set forth in their respective �9 y - j pact powers of attomey,shall have full power to bind the r c company by their signature and execut on of any such Instruments and to attach thereto the seal of the company. When so executed such O instruments shall be as binding as ff signed by the president and attested by the secrets Cn o a By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: W uJ > Pursuant to Article XVI,Section 5 of the By-laws,Assistant Secretary Ga net W.Elliott is hereby authorized to appoint such attomeys•in-fact p p, >r W as may be necessary to act In behalf of the company to make,execute, seal,acknowledge and deliver as surety any and all undertakings. =p bonds,recognizances and other surey obligations. Q c� � ..it All That ti-e By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. L.L.n3 O G C IN WITNESS WHEREOF,this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance 3 ca tv O Company has been affixed to in Plymouth Meeting.Pennsylvania this 24th day of March 1 99 , a E LIBERTY MUTUAL INSURANCE COMPANY r o cn By O 1r Gamet W.Elliott.Assistant Secretary t; COMMONWEALTH OF PENNSYLVANIA ss Ta O ` COUNTY OF MONTGOMERY � v On this 24th day of; March A.D. 1 .before me,a Notary Public,`personally came the individual,known to aN�o a d me to be the therein d " M esc idual and officer of Liberty u L Ntual Insurance Company who executed the preceding instrument,and he acknowled- ged that he executed JbC arfie aft, the seal affixed to the said preceding Instrument is the corporate seat of said company:and that said corporate Cn ZV seal and his signatu as duty affixed and subscribed to the said instrument by authority and direction of the said company. p d IN TESTWO REOF.1fte set my hand and affix my official seal at PI Meeting,rP ,the ay and year first above written.OF W-)' A_SEAL Do—A t 5H1cLDS.NoLL � r-pnmt-rxs_PA x,q-r*,y Cowev Notary PubW V.Ccnyr..t._v7 C.�.rrc=.�•9 7r-'� �IrM"YL�� �G i - 1TTfFICATE I,the undersign fta% etary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and c copy,Is in full force and effect on the date of this certificate;and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attomey-in-fact as provided in Article XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company 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 30TH -day of Jill y -1999 sYEAFrER ary THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTi March 24 .20 01 • Liberty Mutual Insurance Company Statutory Balance Sheet (dollars In thousandq peztmber 31,199& Bonds.......................................................................................................%............ ....................... S 10,652,422 Common&Preferred Stocks.............................................................................%................................... 5.230,330 Real Esate............................................................................................................................................. 14040 Cash&Short-Tcrm investments.............................................................................................................. 225,116 Other Invested Assets.............................................................................................................................. 562,415 Subtotal Cash and Invested Assets.............................................................................................................. 16,962,173 Premium in Course of Collcztion*............................................................................................................. 1,503.612 Reinsurance Recoverables on Loss and Loss Adjustment Expense Payments............................................................. 2-20X2 Interest,Dividends and real Estate Income Due and Accrued................................................................................ 165,569 C•2ter A-ueU......................................................................................................................................... 693.41.4 TOTAL NONADMITITI)ASS ETS............................................................................................................ S 19,445.030 Llabilldes 9nd Surplus Feserve for Losses and Loss Adjustment Expenses......................................................................................... S 10.434,373 F.-serve for Uneimed Premiums................................................................................................................. 1.673,736 Reinsum:e Payable on Paid Loss and Loss AdjusUnent Expenses....................................................................... 31.792 Federal Income Tax and State Premium Tax Accrued....................................................................................... 143,335 OtherLiabilities.................................................................................................................................... 1.039,0r-3 TOTALLIABILITIES...................................---......-......---................... ...... ............ ........ ....... 13.377.5129 Unassitlej Surplus...................................................................&............................................................. 4,925.7.14 GuarantyFunds.................................................................................................................................... 1,=0 Surplus.'s,otes.....:................................................................................................................................... 1.140.527 TOTAL CAPITAL AND SLWLU-S............................................................................................................. 6,067.3401 TOTAL LIABILMAES,CAPITAL AND SURPLUS......................................................................................... S 19.445t030 (*Excludes balances more than 90 days past due) COMMO.WIEALTH OF MASS ACHUSE I I SS. COL'N,=OF SLTFOLK r,crinis Unwell.being duly sworn,says: That he is Vice President and Comptroller of Liberty Mutual Insurance Company-,that said Company is a mutual insurance company duly organized,existing and engaged in business as a surety by virtue of the laws of the state of ec Commonwealth of Massachusetts and his duly complied with all the requirements of the laws of said Commonwealth and cr the laws orthe State of applicable to said Company and is duly qualified to act as surety under such laws;that said Company has also complied with and is duly qualified to Act as surety on federa.bonds under Section 9305 of Title 31 of the United States Code. That the foregoing is a full,true and correct statement of the financial condition of said Company of the 31st day December. 1993L Sworn to before me this 3 Ist day of March,1999 J.jy commission Expires res;i icice P and am My COMMISSION EXPIRES Pr".JULY23,2004 SURETY ACKNOWLEDGEMENT STATE OF NEW YORK COUNTY OF NEW YORK ON 07/30/99, BEFORE ME PERSONALLY CAME PAMELA K. RIFE , TO ME INOWN WHO BEING BY ME DULY SWORN DID DEPOSE AND SAY THAT HE/SHE RESIDES IN NEW YORK, NY , AND THAT HE/SHE IS AN ATTORNEY- IN-FACT OF LIBERTY MUTUAL IN. SURANCE CoHpA. , 'THE CORPORATION DESCRIBED IN, AND WHICH EXECUTED THE WITHIN INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF SAID CORPORATION; AND THAT HE/SHE SIGNED HIS/HER NAME THERETO BY LIKE ORDER; AND THAT THE SAID COMPANY HAS RECEIVED FROM THE SUPERINTENDENT OF INSURANCE OF THE STATE OF NEW YORK, AND SUCH CERTIFICATE HAS NOT BEEN REVOKED. AMY SAXTER Notary Public,State of Now York No.01BA5085901 Qualified In Kings County NOTA y PUB Commission moires Sept.29,1999 CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF ON THIS DAY OF 19 , BEFORE ME PERSONALLY CAME ,TO ME KNOWN, WHO, BEING DULY SWORN, DID DEPOSE AND SAY; THAT HE/SHE RESIDES IN , AND THAT HE/SHE IS THE OF THE , THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT HE/SHE KNOWS THE SEAL OF THE SAID CORPORATION; THAT THE SEAL AFFIXED TO SAID INSTRUMENT IS SUCH CORPORATE SEAL; THAT IT WAS SO AFFIXED BY THE ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT HE/SHE SIGNED HIS NAME THERETO BY LIKE ORDER. NOTARY PUBLIC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On _ AUGUST_ 2,_1999 , before me, ALICE M. ENGLISH - NOTARY PUBLIC Dale game are TMe of Officer(e.g..',lane Doe.Notary PLO cl personally appeared RON SALCIDO Namers)d Svr"s) EX- personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(4 whose name( is/ale subscribed to the within Instrument and acknowledged to me that helsWr/tOle�y executed ALICE-� I EENGLIMN4 the same in his!her"Heir authorized l t C=,n1ss!cn# 1 t 1=9 capacity(A, and that by his/h�teeir = Ne-Cry PUbl=_CCn=jQ. signature( on the instrument the personK or Ororo-oCowV the entity upon behalf of which the person 20- acted, executed the instrument. My Ccm nt b#0&�2 1. WIT my, and and Of "al seal. ,0� Place Notary Seal Made c gnelure ar OPTIONAL Though the Information below Is not required by law.it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattacnment of this form to another document. Description of Attached Document Title or Type of Document: —MI)D ' D Document Date: J U LY 30, 1999 Number of Pages: ONE Signer(s)Other Than Named Above: NONE Capacity(les) Claimed by Signer Signer's Name: ROiy__'qALl dDQ, ❑ Individual xCorporate Officer Title(s): V 1 CMF N T roe or thumb Here ❑ Partner---❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: SULLY-MILLER CONTRACTING CONIPAN 0 1997 National Notary Asscoat on-9350 De Sore Ave_PO.Box 2402-Chatsworth.CA 91313-2402 Prod.No.59C7 Reorder.C 0 Toll-Free 1400-8164 7 CITY OF HUNTINGTON BEACH MEETING DATE: 6121199 DEPARTMENT ID NUMBER:PW 99-044 Council/Agency Meeting Held: (000.6 0 Def�ed/Continued to: Approved Conditionally Approved O Denied . Ci Jerk's Signature Council Meeting Date: 6121199 Department ID Number. PW 99-044 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS= z ...,c7—•M. SUBMITTED BY: RAY SILVER, City Administrator6?43 ' cn PREPARED B ROBERT F. BEARDSLEY, Director of Public Work n ' SUBJECT: THORIZATION TO ADVERTISE FOR THE ARTERIAQHI§-IWAY EHABILITATION PROGRAM PROJECTS; CC 1109 & CC 1110 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Plans and specifications are now complete for the Arterial Highway Rehabilitation Projects, CC-1109 & CC-1110. Should the City approve the plans and specifications and solicit public bids for construction? Funding Source: A combination of City General Fund, Orange County Measure M "Turnback", and Arterial Highway Rehabilitation Program (AHRP) Grant shall be used to fund these projects. The following breakdown identifies the allocation of funding: City General Fund: $1,000,000 Measure M "Turnback": $1,000,000 Federal AHRP Grant: 783 000 Total Project Funding: $2,783,000 Recommended Action: Motion to: 1. Approve plans, specifications, and authorize the Director of Public Works to solicit bids for the Arterial Highway Rehabilitation Projects, CC 1109 & CC 1110, contingent upon Caltrans approval of the plans, specifications and estimate for CC 1109; and 2. Approve the attached sample contracts subject to award of contracts to the lowest responsible/responsive bidder(s). I1 V Alternative_Action(s): Deny approval of the Arterial Highway Rehabilitation Projects and forego the rehabilitation projects. Analysis: The project construction budget less design consultant fees and County material laboratory costs is as follows: Project Funding: $2,783,000 Design consultant fees: ($135,000) County material laboratory costs: ($144 000) Project Construction Budget: $2,504,000 The design consultant fees and County material laboratory costs totaling $279,000 have already been paid from the total project funding for these projects. These projects involve the roadway rehabilitation of the following arterial streets: Cash Contract 1109 — Federal/City Partnership 1. Warner Avenue from Beach Boulevard to Newland Street 2. Heil Avenue from Saybrook Lane to Bolsa Chica Street 3. Heil Avenue from Graham Street to Springdale Street 4. Heil Avenue from Beach Boulevard to Newland Street 5. Edinger Avenue from Golden West Street to Gothard Street. Engineer's Estimate: $1,498,795 Cash Contract 1110—County/City Partnership 1. Warner Avenue from Newland Street to Magnolia Street 2. Brookhurst Street from Adams Avenue to 900 feet south of Adams Avenue Engineer's Estimate: $705,280 Combined Engineer's Estimate: $2,204,075 Estimated Construction Contingency. $204,000 Estimated Supplemental Expenditures: $95,925 Estimated Total Construction Cost $2,504,000 The rehabilitation of the roadways generally includes pavement crack sealing, grinding, selective pavement reconstruction, pavement membrane reinforcement and asphalt overlay. The project also includes placing new signing/striping, new traffic detection loops, and the adjustment of existing water valves and sewer manholes. Pavement rehabilitation work, of this nature, will increase life of the arterial street 10 to 20 years. On April 19, 1999 during the Council Study Session, staff presented Council with the Arterial Highway Rehabilitation Plan. This plan identified the top ten priority projects to be funded with the combined funding source of General Fund, Measure M and AHRP Grant. Subsequently, the consultant preparing the plans, specifications and cost estimates have 11 Q9&11101PS&EIRCA - 06/11199 8:33 AM refined the projects and in particular the cost estimates. As a result, only the top 7 projects will be covered by this combined source of funds. The bid results and recommended contract award will be presented to the Public Works Commission at their regularly scheduled meeting of July 21, 1999 for approval and recommendation to City Council. Environmental Status: These projects are Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachmeq Us : ICH� Clerk Page Number No Description 1. Location Maps 2.1 Sample contracts RCA Author. DSS:EC ii09&i1101PS&EIRCA 06111199 8:35 AM ATTACHMENT 1 PROJECT: AHRP rom"S'�' s-4�P y0 AVF. Mc FADDEN AVE. w 7 � � rn,NCER 4 AVE. O LA N /� y = Yqq[ AVE. 5 t q [A Z f] p [u f� WARNER y F AVE. l � N nsCATER N AVE. 405 4{tt TALBERT czi A4 . 61 ELLK_ AVE. a G1aF M AVE. _ S YORKTOWN AVr. # cr 4 z N G+~ ` MAuS AVE_x G • or m v INO NNAPOUSAYE ATLAIYTA _ = 1 3 PROJECT LOCATIONS o ►,AMILT AVE CQ� A-04'Noi AVr r Aw V CITY T NLT OF' PUBLIC pVOC2<S LOCATION MAP CC---1109 p�PAQTAr{FNT OF' PL.fEILIC WORKS C.\ACAD\CC 1 109\1109 LV.DWU' PROJECT: AHRP Qo. sq BOLSA AYE. Mc FADDEN AVE. �I • ri 0 U i = r11N(;ER z AVE- Y Ln w ir 8 t p [1 } pC Si z u AVE. m WARNER AVE. SLATER AVE- R p 405 �(i r yr 1ALBERT AVE. i E!US k AlE w a`S� CARhCI AVE. vORKTOWN z 5~ ` i ADAFlS AVr INr NAPOLI, AJE. N �y x z Y ATLANTA AV.. m a Q PROJECT LOCATIONS A� hAMRr AYE 1'AN N" A I CITY OF -NT OING70N BEAC� p LOCATION MAP CC--1110 EPAC2TMENT OF PLJBLJ W IG C CRS C:\ACAD\CC11 10\1 11 OLM 1.DWC ATTAC M NT 2 i w SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY.OF HUNTINGTON BEACH AND . FOR ARTERIAL HIGHWAY REHABILITATION PROJECT: WARNER AVENUE (BEACH TO NEWLAND), HEIL AVENUE (SAYBROOK TO SPRINGDALE), HEIL AVENUE (GRAHAM,TO SPRINGDALE) HEIL AVENUE (BEACH TO NEWLAND)AND EDINGER AVENUE (GOLDENWEST TO GOTHARD) (CC1109) THIS AGREEMENT is made and entered Into on this day of 1999, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as"CITY,"and , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as Arterial Highway Rehabilitation Project: Warner Avenue (Beach to Newland), Heil Avenue (Saybrook to Springdale) Heil Avenue (Graham to Springdale) Heil Avenue (Beach to Newland)and Edinger Avenue (Goldenwest to Gothard)in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW.THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during Its progress or prior to acceptance,from the action of the elements, from any unforeseen difficulties which may arise or be encountered In the 1 aVve*0109/05112M SAMPLE 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 bome 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 of 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 anyway,directly or indirectly,to the work covered by this Agreement. "Contract Documents"as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 2 agencc1109105112N9 SAMPLE C. The 1997 edition of Standard Syecifi_cations 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 Califomia Joint Cooperative Committee; D. 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(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 Dollars ( _ )as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 3 aV+edcc1109105/1n9 SAIIIPLE r 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 ��} calendar days from the execution of this Agreement by CITY, excluding delays provided for herein.' 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence In the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and Incidental to the prosecution of its work in confcrmance 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 conditions 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 on 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 4 agrrelcd 109/05/l " SAMPLE condition shall CONTRACTOR make any changes without the written order of the DPW,and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site,for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One In the amount of one hundred percent(100%)of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) 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. 5 ZVVPJcc I 109/05/1 L'99 SAMPLE 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices In accordance with the Ca5fomia Govemment Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by Califomia Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the Califomia Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW-PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the Califomia Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25)for each calendar day or portion thereof for each worker paid (either by CONTRACTOR 6 aVedcc1109105112M SAMPLE • J or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Califomia Labor Code, regarding the employment of apprentices, Is applicable to this PROJECT. 14. EMPLOYMENT OF APPRENTICES Section 1777.5 of the Califomia Labor Code, regarding the employment of apprentices, is applicable to this p. 15. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each Journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors. If any, shall be available at all reasonable times'to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of Califomia Labor Code Section 1776, in general. 16. 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. 7 agra/cct 109105r12199 SAMPLE 17. LIQUIDATED DAMAGESIDELAYS 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 working/calendar days asset forth herein, damage will be sustained by CITY; and that it Is, and would be, Impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain In the event of and by reason of such delay; it is, therefore,agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($`—] per day for each and every working days delay In completing the work In excess of the number of working/calendar days set forth in section 4 herein,which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons 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,Tire,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 shali 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. 8 sgredcc I I o91Os/12199 SAMPLE Should CONTRACTOR be delayed In the prosecution or completion of the work by the act, neglect or default of CITY,or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR Is not responsible, or by the combined action of the workers, In nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented In writing to CITY within fifteen (15)days of the commencement of such delay. No claim 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. 18. 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 to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such, 9 :tMe«1109/05/1V99 SAMPLE. 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 givers the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 19. 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 fact 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. 20. PROGRESS PAYMENTS Each month the DPW will make an estimate In writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate,ten percent(10%)will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. 10 Sged CC1109ro5112M SAMPLE 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 payment 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. 21. 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 cf any monies withheld by CITY to ensure performance under the terms of this Agreement. 22. 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 p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in 11 . a Ft-Jcc 1109/0 511 Z" SAMPLE connection with Notices to Withhold which have teen filed under the provisions of the statutes of the State of California. 23. 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. 24. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses,judgments, costs and demands, however caused, including those resulting from death or Injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to, concurrent active or passive negligence except where caused by the active negligence, sole negligence. or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 25. WORKERS'COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code,which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers'compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each 12 asmdcc11091b511M SAMPLE occurrence, One Hundred Thousand Dollars ($100,000) bodily Injury by disease, each employee,Two Hundred Fifty Thousand Dollars ($250,000)bodily Injury by disease. policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors'employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers'compensation • insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 26. INSURANCE In addition to the workers'compensation insurance and CONTRACTOR's covenant to Indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its cf Icers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or In connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage. Including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. if coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000.000 for this PROJECT. Said policy shall name CITY, its officers, and employees as Additional insureds,and shall specifically provide that any other Insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's Insurance shall be primary. 27. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder. CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 13 .gndcc 1109,10511 sr" SAMPLE 2. shalt state that the policy Is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without thirty(30) days prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement Is fully completed and accepted by CITY. The regdirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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 CITY. its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified. or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes Insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice In writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may.without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become clue to CONTRACTOR. 14 &VWCC u 1 Q9'V5/1 z'99 SAMPLE 29. DISPOSITION OF PLAN 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. . . ` 30. 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. 31. 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 Calrfomia Govemment Code Sections 1090 et seq. 32. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney 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 material s 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. Zv &VVPJCe1109"051t ro9 SAMPLE 33. 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. ' 34. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall In no way be held to explain, modify, amplify or aid In the interpretation, construction or meaning of the provisions of this Agreement. 35. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States cf America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 36. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 16 i�ee/ecI�09rosriv99 SAMPLE 37. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate aga°nst any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 38. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled"Equal Employment Opportunity,"and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action: to comply and advance in employment(1)qualified Vietnam veterans during the first four(4)years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent(30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 17 I&edee 1109/05/12,'99 SAMPLE 39. COPELAND"ANTI-KICKBACK"ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback"Act(18 USC Section 874), as supplemented in Department of Labor regulations,which Act provides that each shall be prohibited from Including, by any means, any person employed in the constructioni, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 40. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and,107 of the contract Work Hours and Safety Standards Act(40 USC 327 et seq.)as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty(40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-112 times the basic rate of pay for all hours worked in excess of eight (8) hours In any calendar day or forty(40)hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work In surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 41. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United 18 aZ -JCC 1109/05/12199 SAAIFLE States Environmental protection Agency(EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water pollution control Act and all regulations and guidelines listed thereunder. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to Include or cause to be included the requirements of paragraph (a) thorough (d)of this section in every nonexempt Subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 42. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act(42 USC Section 6201, et seq.). 43. HOUSiNG AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 44. 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 19 avedccl 109/05/121" SAMPLE r , the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 45. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 46. 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 offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California BY print name ITS: (circle one)Chairman/PresidenWce President Mayor AND ATTEST: BY print name City Clerk ITS: (circle one)Secretary/Chief Financial OfficerlAsst.Secretary•Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: City Attorney INITIATED AND APPROVED: City Administrator Director of Public Works 20 agtrJa t 109ro3rt 2.1" S AbIPLE SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND .FOR ARTERIAL HIGHWAY REHABILITATION PROJECT.WARNER AVENUE (BEACH TO NEWLAND).HEIL AVENUE(SAYBROOKTO SPRINGDALE),HEIL AVENUE(GRAHAM TO SPRINGDALE)HEIL AVENUE(BEACH TO)NEWLAND)AND EDINGER AVENUE(GOLDENWEST TO GOTHARD) TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6 13. PAYMENT OF TRAVEL 7 14. EMPLOYMENT APPRENTICES 7 15. PAYROLL RECORDS 8 16. INDEPENDENT CONTRACTOR 8 17. LIQUIDATED DAMAGESIDELAYS 8 18. DIFFERING SITE CONDITIONS 10 19. VARIATIONS 1N ESTIMATED QUANTITIES 10 20. PROGRESS PAYMENTS 11 21. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 12 22. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 23. WAIVER OF CLAIMS 12 24. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 25. WORKERS COMPENSATION INSURANCE 13 26. INSURANCE 13 27. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 28. DEFAULT&TERMINATION 15 29. DISPOSITION OF PLANS,ESTIMATES AND OTHER 15 30. NOWASSIGNABILITY 16 31. CITY EMPLOYEES AND OFFICIALS 16 32. STOP NOTICES 16 33. NOTICES 16 34. CAPTIONS 16 35. FEDERAL PARTICIPATION 17 36. DAVIS-BACON ACT 17 37. DISCRIMINATION 17 38. EQUAL EMPLOYI44ENT OPPORTUNITY 17 39. COPELAND ACT 18 40. CONTRACT WORK HOURS 18 41. CLEAN AIR ACT 19 42. ENERGY CONSERVATION 20 43. HOUSING AND URBAN DEVELOPMENT 20 44. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 45. ATTORNEY FEES 20 46. ENTIRETY 21 sgrcdcc1109/05112n9 SA31PLE SAMPLE CITY-FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR ARTERIAL HIGHWAY REHABILITATION PROJECT: WARNER AVENUE (NEWLAND TO MAGNOLIA), BROOKHURST STREET(ADAMS TO 900 FEET SOUTH), EDINGER AVENUE (GOTHARD TO BEACH), EDINGER AVENUE (BEACH TO NEWLAND)AND SPRINGDALE STREET(MCFADDEN TO BOLSA)(CC1110) 'THIS AGREEMENT, made and entered into this day of 1999, 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 the"PROJECT,"more fully described as Arterial Highway Rehabilitation Project: Warner Avenue (Newland to Magnolia), Brookhurst Street(Adams to 900 feet south) Edinger Avenue (Gothard to Beach), Edinger Avenue (Beach to Newland)and Springdale Street(McFadden to Bolsa) (CC 1110)in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, 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 fumish, at its own expense, all labor, plans,tools, equipment, supplies,transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT,during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of 9:agreeftmVconsftc/05/12W 1 SAMPLE work,except such as are herein expressly stipulated to be bome 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 for the compensation set forth in the accepted bid proposal. However the total compensation to be paid Is to be computed on the basis of the units of work as it is actually performed, In accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined),the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference,with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents Insofar as they relate in part or in any way,directly or indirectly,to the work covered by this Agreement. "Contract Documents"as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 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 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA Q:29reelfomlconstrud05/12W 2 SAMPLE 90034, and all amendments thereto,written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit"A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated In the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY(hereinafter referred to as"DPW), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this 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 Dollars 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 a Notice to Proceed is issued and shall diligently prosecute the PROJECT to completion p:sgreeM6mVconstruc105J1 M9 3 SAMPLE within working days from the day the"Notice to Proceed"Is Issued by DPW, excluding delays provided for in this Agreement. S. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and Incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors,subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order In which the various portions of the work shall be performed aid 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 DPW. CONTRACTOR agrees to make any and all changes,furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of DPW,and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work. CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree gagreeftrmlconsaucl05l12M 4 SAMPLE 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 CONTRACTOR by CITY. CITY does not warrant that the work 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 CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. S. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attomey. 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 of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES 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 g:agreerformlconstruclOSM 2199 5 SAMPLE 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 CONTRACTOR is, and shall be, acting at all times hereunder as an Independent contractor and not an employee of CITY. CONTRACTOR shall secure at its expense,and be responsible for any and all payment of all taxes, social security, state disability Insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder Is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore,agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars per day for each and every working days delay in completing the work In excess of the number of calendar days set forth herein,which 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 9:a7eeflomVconshvcJ05112194 6 SAMPLE 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 DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify 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 DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or res;alting 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 fumishing of materials 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: CONTRACTOR shall promptly, and before such conditions are disturbed, notify 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 p:agreelfomV onstruU05MV99 7 SAMPLE (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. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance cf 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 CONTRACTOR under this Section shall be allowed unless 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 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. DPW may, at its sole discretion,when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to 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, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. Q-2gree/f6mVconstruc/05/1Z?9 8 SAMPLE 14. PROGRESS PAYMENTS Each month 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 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, 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 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 a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, g:agreelfomVcrostwrJ05112W 9 SAMPLE all firms supplying materials and all subcontractors working upon the PROJECT have been paid In full and that there are no claims outstanding against the 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 Califomia. 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, officials, employees and agents from and against any and all liability, claims, damages, losses, expenses,judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or Indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, Including but not limited to, concurrent active or passive negligence except where caused by the active negligence. sole negligence, or willful misconduct of the City. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia 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 such provisions prior to commencing performance of the work hereunder. 0-2greeMormleon3trud05112M 10 SAMPLE CONTRACTOR shall maintain 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,Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors'employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers'compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers'compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees,while acting within the scope of their duties, against any and a'I claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, Including productslcompleted operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than$1,000,000 for this PROJECT. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's Insurance shall be primary. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: gagmelformlcon TW05112M I I SAMPLE 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled or modified without t!Nrty(30)days prior written notice of 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 coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the 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 CITY, its officers and employees as Additional Insureds shall be provided to the City Attomey for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or Is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes Insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice In writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy It may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 9:agmeMormlo=tsjd05112W 12 SAMPLE 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-ASSiGNABILtTY 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 Govemment Code sections 1090 et seq. 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney 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. 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 9:igreeMorrnlconstruc45/12n9 13 SAMPLE made,at the place of business of such party,or to any other place designated in writing by such party. 28. CAPTIONS 1 Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall In no way be held to explain, modify, amplify or aid In the Interpretation, construction or meaning of the provisions of this Agreement. 29. 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. Section 1324a regarding employment verification. 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 Section 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. ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED ipgree bmVconstrur/05/12M 14 SAMPLE 32. ENTIRETY The foregoing, and Exhibit"A,": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chairman/PresidentMce President Mayor AND ATTEST: By: print name City Clerk ITS: (circle one)Secretary/Chief Financial APPROVED AS TO FORM: Officer/Asst.Secretary-Treasurer �City Attorney REVIEWED AND APPROVED: ,���`f INITIATED AND APPROVED: ' City Administrator Director of Public Works g:agree/forrn/construc10&1 M9 15 SAMPLE SAMPLE CITY-FUNDED CONSTRUCTION CONTRACT BETWEEN _ THE CITY OF HUNTINGTON BEACH AND FOR ARTERIAL HIGHWAY REHABILITATION PROJECT: WARNER AVENUE (NEWLAND TO MAGNOLIA), BROOKHURST STREET(ADAMS TO 900 FEET SOUTH), EDINGER AVENUE (GOTHARD TO BEACH), EDINGER AVENUE (BEACH TO NEWLAND)AND SPRINGDALE STREET(MCFADDEN TO BOLSA) TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGESIDELAYS 6 12. DIFFERING SITE CONDITIONS 7 13.- . VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT&TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ENTIRETY 16 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZATION TO ADVERTISE FOR THE ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS; CC 1109 & CC 1110 COUNCIL MEETING DATE: June 21, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the CityAttomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome ) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over$5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR RDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) { } ( } City Administrator (Initial) ( ) ( owv } City Clerk { } EXPLANATION FOR RETURN OF ITEM: Only)I (Below Space For Citk'Clerk's Use RCA Author: CHARLONNE PROOF OF PUBLICATION SECTION A nonrefundable fee if NOTICE INVITI ailed. NG m Any contract entered into SEALED BIDS Pursuant to this notice will for the incorporate the provisions STATE OF CALIFORNIA) ARTERIAL HIGHWAY of the State Labor Code. REHABILITATION Pursuant to the provisions SS. Warner Avenue- of the Labor Code of the Newland to Magnolia State of California,the min- Brookhurst Street- imum prevailing rate per County of Orange ) Adams to 900 feet diem wages for each craft, classification or type of South of Adams workman needed to ex- CASH CONTRACT ecute the contract shall be I am a Citizen of the United States and a No. 110 those rrof dlustriall ned Rea- in the lions of the State of Califor- nia,resident of the County aforesaid; I am crnroF whichareonfileatthe / HUNTINGTON BEACH Office of the Director of over the age of eighteen years and not a PUBLIC NOTICE IS Public Works, 2000 Main / HEREBY GIVEN that the Street, Huntington Beach, CITY OF HUNTINGTON CA 92648. party to or interested in the below BEACH, as AGENCY, in- The AGENCY will deduct .vites sealed bids for the a 10% retention from all entitled matter. I am a principal clerk of above stated projects and progress payments. The will receive such bids in the the HUNTINGTON BEACH INDEPENDENT, a office of the City Clerk, anescrrowholdersuetyof Second Floor, 2000 Main equal value to the retention newspaper of general circulation, printed Street, Huntington Beach, In accordance with the P California 92648,up to the provisions of the California and published in the City of Huntington hour of 2:00 PM on August Government Code,Section 3, 1999. Bids will be pub- 4590.The Contractor shall licly open in the Council be beneficial owner of the Beach, County of Orange, State of Chambers unless other- surety and shall receive California, and that attached Notice is a wise the Plans, an interest thereon. The AGENCY hereby af- Specifications, and con- firmatively ensures that mi- true and complete copy as was printed tract documents are avail nority business enterprises able from the Office of the will be afforded full op and published in the Huntington Beach Director of Public Works,I portunity to submit bids in and Fountain Valley issues of said 2000 Main street, Hunt- response to this notice and ington Beach, CA 92648,!will not be discriminated upon payment of a$15.00,against on the basis of newspaper to wit the issue(s) of: nonrefundable fee if picked I race color,national origin, :up�or.pavmarn of a�$25.00• ancestry,sex,or religion in ---- any consideration leading to the award of contract. July 15, 1999 side red unlesseitcos July 22, 1999 Proposal red forms alnpc on- formance with the Instruc- Ju 1 2 9, 1999 bons to Bidders. y The bid must be accom- panied by a certified check, cashier's check,or bidder's bond made payable to the AGENCY for an amount no I declare under penalty of perjury, that less- than 10% of the / I amount bid. The suc- cessful bidder shall be the foregoing is true and correct. licensed in accordance with provisions of the Busi- ness and Professions Code and shall possess a State Contractor's License Executed on Class at the time of the bid July 29 , 19 9 9__ opening. The successful Contractor and his subcon- at Costa Mesa, California. tractors will be re wired to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or 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 21st day of June 1999. Signature Attest: O Connie Brockway, CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach-Fountain Valley Independent July 15, 22, 4 29,1999 073-161 PROOF OF PUBLICATION SECTION A [-nonrefundable lee 11 niaNOTICE INVITING �ract entered into SEALED the Tt� up rsuant�C e provis poumos STATE OF CALIFORNIA) ARTERIAL Y Hof theTION So at C the� } SS. wamer Avenue• °suevisions d`of e�Ofaloorr Me r`flan• Newiww to Magnolis i num prevailing rate per Co u n t}� of Orange } Bt� r�u Sbvet= dwm wages for each craft. moms to 90°test � OF .type os South of Ades= workman meded to ex- CASH CONTRACT ea►te the Contra"shall be I am a Citizen of the United States and a No.;,;a° Director "ns►Reld- tiorts of the Stale of Caliipr- Cr"OF resident of the County aforesaid; I am HUNTINGTON BEACH nia'wftof areMe nfileatthf Ofhce d the pirecYor Of over the age of eighteen years, and not a HMESYGWEN �the SI�i,HAS• 2000 Ism wVDn. Beam. party to or interested in the below � AGENCY,1OInN- CA 92648. The AGENCY oil deduct viler sealed bids for the a Im retention trom an entitled matter. 1 am a principal clerk of above stated prolecrs and pr' s payrr,enl5. _rt* wail receive such 04s in the Contrac or rrray substitute the HUNTINGTON BEACH INDEPENDENT, a office of the City Cerk. an escrowrx�Idersuretyof news a er of general circulation ranted �°et. unbn 200°BeacMainh. inequal ccDretptheretenMe Street. is 925glon Beach pr acpp,�m �1 P g , p f:arrforrua li2648.up to me provisions a><,a caklonua and u fished in the City of Huntington hour of 200PMOnA'gi51 Govemrnent Code,Section P `] gt a. 1"0. Bids wi I be D� e5W.The Contract«shelf Beach County of Orange State of �r„� `u ss st be"efi�a' of"1e r ► atrety arrd sty receive California and that attached Notice is a the Plans. °" 1 GE CY her AGENCY hereby af- SpeCrttcahons. and Con- firmatively ensures that m cum i- true and complete copy as was printed tract documents are av0- Horny busmse ertarprtties able from the Off"Of the wA be afforded fun op- and published in the Huntington Beach Director of Public Works. podunity to submit bids in 2000 Maim Street. Hun- response to ars notice and and Fountain Valle issues of said '"�°" CA '""" not °is"I"i" y upon yrrtent Of a$15.00 against on the basis of newspaper to wit the issue(s) of: re�r>d feed raw.color.natiortal ongin. up,or rt of a YO ancestry,sex.or religion In any Consideration leadx+g to the av+ard of contrali. No tod shell be Con- July 15, 1999 sidered unless it Is on the approved July 22, 1999 ° ' lom �st� July 29, 1999 Tne otions to a mmtM be accorn- panled by a ceftaed check. casroers clock.or t7,dders bond grade pryabie b the AGENCY br ar+amanst no less titan 10% of fhe I declare, under penalty of perjury, that— *rnow+t oessluldb. Theelsub the foregoing is true and correct. licensed In accordance with provisions of the Buw- nesa and Professions Code and mall possess a Starr ContnbMes License Class at Me time of the bid Executed on T ,,Y 29 , ggg,�_ ��� successfulhis su bcors- at Costa Mesa, California. tyre will be reWred b possiess busrrwsa licenses from fhe AGENCY- - The AGENCY reserves the right to reject any or aft bids uMer advisement for a maKrmum period of 60 days IIY ORDER of Via CM COUNCIL of the CrTY OF HUNTINGTON BEACH. CALIFORNIA.the 21 st day of June IM. Signature "�le Brockway. CITY CLERK of THE CITY OF I UNTMTON BEACH Pubrlsred Hunlrngton Beach-Fountain Valley Independent July 15. 22. k 29 19% - _'*- ------- 073-161 T-diem wages for each Cratt, classil-cano» or•type o1 i.workman needed to ex- ectlte flle Contract Tha l be lmtnose dele-mined by fit I Director of Industrial Pala. I bans of the State of CO rfa- Inra,much are on 61a a'the TO"ice of the Director of Public Works, 2000 Min _ f Scree!. Huntington Beach, SfC710ii A---- CA 9�-1648 NOTICF I"VIT1NG 10 7 AGENCY wifl ,I � �• `7. re[e,lron from dr &ail SC The for"W MS ,Contractor Payments esuCstitute ARTERIAL HIGHWAY I a,escrow holder surety of REHABILITATION equal value to the retention Warner Avenue- 1 to axordance with the Newland to fiiagnolia I pWslons of the California tdrookhurst 5lrfsst- Cwemment Code.Section e590 The Contractor shah Adams to 900 feet be beneficial owner of the j South of Ackwft surety and shall receive CASH CONTRACT any interest thereon. No.1110 The AGENCY hereby a1• In t in th rtnna'ivefy ensures that mi- In e nonty Iwsrness enterprises CIT�HUNTMTOM BEACH pwffl ortu be afforded tali o sity1' PUBLIC NOTICE IS response to emit bids in spouse to this notice and 'HEREBY GIVEN that the ore not be discriminated +Crry OF H1N+RIN0TON against on Cie basis of I4 BEACH,as AGENCY, in- race,color,national origin, li vttes sealed b:ds Ior ilia exestry,sort,or.religion in a5ove stated pvjects and arty aonsraeration lleading w u receive such bids into 11ne award of contract. office of the CRY Clefk No bid than be con- Second Floor. 20M Main sidered unless It is Street, Hunti.nnggton Beach, prepared on the approved Ca!ifomia 9264.3.Up 10 the Proposal fortes in con- hour of 2.DO PM on AuVAl lormarrce with Vie Urstruc- 9, 1999. Dos will be pub- Lora 10 Bidders. May open in the cats" The bid must be scoom- Chambers unless og,er- panlod by a certified check, wse posted Cashiers check.or bidder's Copies of the Plans. bond made payable to the Spe nCadons, and tam AGENCY foran arnounf no tract documents are awrei- less than 10% of lire aba from the Office Of the amount bid. The suc- Director of Public Works, cessful bidder ehab be 2000 Main Street, Hunt licensed in accordance :kM)UM Beach. CA 92648. with provisions of the euv- upon payment of a$15.00 ness and Professions I nonrefundable fee R picked Codo and shall possess a up.of payment of a 25A0 State Contractors License nanrefundaCle lee if Class at the Lme of the bid marred. opening_ The successful Any Contract entered into Comfector and his auxon- pursuartt to'M talon*w+i tractors Moll be required to rnoorporafe the 9A"4ons possess business kc enses of the State Lator Code. from the AGENCY. Pursuant to fie provisions The AGENCY reserves 'of the Latxrr Code of the the right to reject any or as Stale of Ca•dornra,the mrr• bids under advlsemem for irrum preva+ltig tale per� a maximum penod of 0o days. BY ORDER of the CITY COuwCtL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,the 21st day of June 1999. Angst: Connie Brockmy, CITY CLERK OF THE CITY OF MINTINGTON BEACH Published Huntington Beach-Fountain Varney krdependerd.July 15, 22. 29.1999 073.181 Hth"NNGTON BEACH o FOUNTAM VALLEY 'Independent THE NEWPORT BEACH•COSTAMESA PILOT Client Reference Independent Reference # 07"3-161 Dear Advertiser: Enclosed please find clipping of YOUZ Ad from the first publication, beginning 7' - If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ 253. �✓. Thanks for your cooperation and patronage. Sincerely, Judy Getting Manager �. Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX