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All American Asphalt - 2006-08-21
RECEIVED BY: ' r�dl.pw- (Name) )0Jrlo�� (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shgkri Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for �(_L_ f-fYY1aej(s-,J A 5&4C 2 _' " p (Company Namee)-�' r Faithful Performance Bond No. _ 64 Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. 1A " MSC No. Approved y 1�4 /6 � (Councfl Approval Date) dJF8-s3-ac13 Agenda Item No., City Clerk Vault No.� #27 g:/followup/bondletter doe City of Huntington Beach [OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez, Project Manager DATE: July 3, 2007 SUBJECT: Retention Release Payment Company Name: All American Asphalt Address: P.O. Box 2229 City, State and Zip Code: Corona, CA 92878-2229 Phone Number: (951) 736-4671 Business License Number:A-267073 Exp.4/30108 Local Address: Same as above Notice of Completion Datewarch 29, 2007 Contract Purpose: Release of remaining 10% money to contractor from Cash Contract No.1242 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 retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Date Travis Hopkins, AgYing I certify that there are no outstanding invoices on file. Date is Works Director Freid'enrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. -71qLa (11'�� ate Joan L. nn, City Clerk Reten. Release Memo 7/3/2007 4:52:00 PM I, CONTRACTOR'S CERTIFICATE state and certify that: 1. CIis the general contractor to the City of untington Beach ("City") on. Contract No. W92g?,!gT l2-42- (the "Contract") for the construction of the public work of improvement entitled: Cam- row AvewE PRE v -c r-s (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by, all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): /Uo I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.l�, Executed at L.fJl�,t��` on this day of _d L , 20 ( ignature of Declarant R o 86L.T b"-f3t 011 VICE tDom' APPROVED AS TO FORM By: _ Name: [Type Name] Title: [Type Title] C UO) 245914.1 City of Huntington Beach Department of Public Works 2000 Main. Street/P.O, Box 190 Huntington Seach, CA 92648 Subject: Certification of Compliance with Title Vll of the Civil Rights . Act and Equal Employment Opportunity Act of 1972 Gentlemen: . The undersigned, contractor on, Did-AtI-) 17tego VoLfaxS Prayed No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid, ( ignature and TiNe) 9:ktewnpNcash=P=shm 1.doc prone&" AM4 ,V APPROVED AS TO FORM VJE*ffERGRA' m atyAta,�dy C � ,7 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: dASfF 4 D0, l 2 fcr -A 124Z y The undersigned contractor on the above -referenced project ("Project') hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. /� Executed this day of A L , 20r7 at C�6" N/-- , California. ALL AM ckt 6W 4SMALl- (Type Contractor Name) By: Nam : [Type Name] Title: [Type Title] AB TO low Zoe MY ATPORNEY -rus u3• ab - tSto 247542.1 Consent. of Surety Release of Retention/ Final Payment (SIMILAR TO AIA DOCUMENT G707) BOND NO. 088 53 243 PROJECTPARFIELD AVENUE STORM DRAIN IMPROVEMENTS, (name, address) CASH CONTRACT NO, 1242 TO (Owner) Cityof Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONTRACTOR: ALL_AMERICAN ASPHALT In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name at address of Surety Company) FIDEIDELITY AND DEPOSIT COMPANY OF MAR'Y'LAND 8Q 1 No. BRAND B.LYD , SURETY COMPAN) GLENDALE, CA. 91203 on bond Of (here insert name and address of Contractor) ALL AMERICAN ASPHALT PO SOX 2229 CORONA, CA. 92878 , CONTRACTOI hereby approves of the owner's payment of Final Payment and/or Payment of Retention to the Contractor, and agrees that the Fin, Payment and/or Payment of Retention to the Contractor shall not relieve the Surety Company of any of its obligations to City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this 27th. Attest: coil [PY (Seal): , OWNE: day of JUNE 20.07 F=LITY AND DEPOSIT COMPANY MARYLAND ;B:Sl� e A thorized. presentative OFTEN :M, BROWf4, ATTORNEY —IN —PACT Title Note: This form is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims, Current Edition K/ 7vr?L�.��.5 Bond No: 088 53 243 Maintenance Bond EXECUTED IN ONE (1) PART` KNOW ALL MEN BY THESE PRESENTS, that we . . ALL AMERICAN ASPHALT hereinafter called Principal, as Principal, and FIDELITY AND DEPOSIT COMPANY OF 'MARYLAND , a corporation of the State of kIARYLAND , hereinafter called Surety, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH hereinafter called Obligee in the sum of ONE HUNDRED EIGHTY FIVE THOUSAND & NO/ 100 the ($185 , 000.00 ) DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 15 th day of MARCH. , 2007 WHEREAS, the Principal entered into a contract with the said Obligee, dated for GARFIELD AVENUE STORM DRAIN IMPROVEMENTS CASH CONTRACT 1242 and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on the 5th day of February 2007 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee, any defects which may develop during a period of ONE (1) YEAR from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void: otherwise it shall be and remain in full force and effect. A's,7, By- M. BRO Attorney- CON80010ZZ0601 f "EDTOTF / 0E F Attorney 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside SS. On March 21, 2007 before me, Brenda L. Royster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley Nameks of Signer(j) 4DBRENDA L. ROYSTER Corttmiulon # 1700922 Notary Public - California Riverside County Carron. Oct ,6 ZO10 OPTIONAL X personally known to me rproved-tmne-on-the-basis-of satisfactory,eviderrce to be the person(ewhose name(q)-- is/ ubscribed to the within instrument and acknowledged to me that he/s'haAaey- executed the same in his/heir authorized capacity(4"nd that by his/herAheir signature,(Won the instrument the person(s' or, the entity upon behalf of which the person(* acted, executed the instrument. WI ;NESS my han and �offill9I, , Signature of Notary Public V 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 reattachment of this form to another document Description of Attached Document Title or Type of Document: Maintenance Bond — City of Huntington Beach Document Date: March 15, 2007 Number of Pages: 3 Signer(frOtherThan Named Above: Owen M. Brown, Attorney -In -Fact Signer's Name: _Individual XCorporate Officer Title(4j' Vice President _Partner- Limited _General —Attorney-in-Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of ORANGE On 3-15-07 before me, BARBARA J . BENDER Nww WdTft dog c&s_ V+a DM ►noun Pemt1 personally appeared OWEN M. BROWN ida BARBARA J. BENDa5lhEdh Commission # 1494946 amy Notary Public - California Orange County Comm. Expires Jui 13, 2008 �-. :�'t'1:LGS ti to be the person(s) whose name(s) isll! subscribed to the within instrument and acknowledged to me that heAUMMillpexearted the same in hiW1919110r authorized capacity(i), and that by hkMUIW signature(e) on the instrument the person(4), or the entry upon behalf of which the persona40 J-7 OPTIONAL Though the adomuWbn below is not mgtdmd by law, it may prove valuable to persons retying on the doannent and twuld prevent haudutent removal aW reaMwhm tU of this lam to aw0wdorxanent Description of Attached Document Title or Type of Document: MAINTENANCE BOND NO. 088 53 243 Document Date: 3-15-07 Number of Pages: ONE (1) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer Signer's Name: OWEN M. BROWN ❑ individual Top of ttuur b roars ❑ Corporate Officer — Title(s): ❑ Partner -- ❑ limited ❑ General :jj Attorney -in -Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer lsRepresetrting Fin TTv Am njrpOSIZCOMP.ANX OF MARYLAND 61M NaftWNO"As n•0350OaSobAte..P.O.BoaM•aFWbavtkCA51313*4W• ProdWSW Romfor:Ce0TalWm1400$78• W Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hie &es by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and � $ � for �Naact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al a 4 takings, and the execution of such bonds or undertakings in pursuan s, s on said Company, as fully and amply, to all intents and purposes, as if t=heir �xeA ged by the regularly elected officers of the Company at its office in Bal ' r r ,r�s This power of attorney revokes that issued on behalf of Owen M. BIZ0M�at 0ruvydM � The said Assistant Section 2, of the By - IN WITNESS W� affixed the Corporate December, A.D. 2004. ATTEST: �p DUO,r P � O P r im ?? ,-6-tkyfliat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. ZrOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary 4 By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .0 t ��rirr NIHt�`` Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA-F 012-4160 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 15th day of MARCH , 2007 n Assistant Secretary S Bond No: 088 53 243 Maintenance Bond EXECUTED IN ONE (1) PART'. KNOW ALL MEN BY THESE PRESENTS, that we ALL AMERICAN ASPHALT hereinafter called Principal, as Principal, and 7i'IDELIT'Y AND DEPOSIT COMPANY OF MARYLAND , a corporation of the State of MARYLAND , hereinafter called Surety, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH hereinafter called Obligee in the sum of ONE HUNDRED EIGHTY FIVE THOUSAND & NO/ 100ths ($185, 00.00) DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 15 th day of MARCH. 2007 WHEREAS, the Principal entered into a contract with the said Obligee, dated for GARFIELD AVENUE STORM DRAIN IMPROVEMENTS CASH CONTRACT 1242 and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on the 5th day of February 2007 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee, any defects which may develop during a period of ONE (1) YEAR from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void: otherwise it shall be and remain in full force and effect. ALL AMERICAN ASPHALT By FI By: M. BROWN Attorney -in -Fact CON80010ZZ0601£ ZF VED TO F R McGRAT., , Attorney CALI'FORNI-A ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside Ss. On March 21, 2007 before me, Brenda L. Rooster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley Name(4)of Signer(s}-- BRENDA L. ROYBTER Commisslon # 1700922 rANotary Public - Callfornla Riverside County OPTIONAL X personally known to me -_proved_to.me_on_the.basis_of satisfactory-evident-e- to be the person( -whose name(+- is/a"ubscribed to the within instrument and acknowledged to me that he/sheey� executed the same in his/f°teir authorized capacity(ike), and that by his/her4their- signature(k-on the instrument the person(4 -- or, the entity upon behalf of which the person(�3 acted, executed the instrument. VVI, NESS my hand and o ffic4sea1p� ,` < ✓'-G t IG l G� ...J Signature of'Notary Public f 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 reattachment of this form to another document Description of Attached Document Title or Type of Document: Maintenance Bond — City of Huntington Beach Document Date: March 15, 2007 Number of Pages: 3 Signer(W Other Than Named Above: Owen M. Brown, Attorney -In -Fact Signer's Name: Individual XCorporate Officer Title(41' IVice President _Partner- Limited _General —Attorney-in-Fact —Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of ORANGE On 3-15-07 before me, BARBARA J. BENDER Date Name and Isle of Officer (e.g., "Jane Doe, Notary Pubho personally appeared OWEN M . BROWN , Nan*s) of Signer(s) jjpersonally known to me AlIX BARBARA J. BENDER Commission # 149494b z QMy Notary Public - CaliforniaOrange County Comm. Expires Jui 13, 2008 BARBARA J. BENDER Coon # 1494946 i Nofar PubBc - CONOMb OXNW county tMttConra. EseptretM 13. EV to be the person(e) whose name(s) isle subscribed to the within instrument and acknowledged to me that heresy executed the same in hisl01111111100► authorized capacity, and that by hisANNOW signature(s) on the instrument the person(o), or the errtiiy upon behalf of which the person(s) acted,. executed the instrument. 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 reattachment of this form to another document Description of Attached Document Title or Type of Document: MAINTENANCE BOND NO. 088 53 243 Document Date: 3-15-07 Numberof Pages: ONE (1) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer Signer's Name: OWEN M . BROWN ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General �j Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FInELTTY AM nEPOSIT COMPANY OF MARYLAND 019" National Notary Association - 9360 De Sob Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.na#onWnoUuyorg Prod. Na 6907 Reorder; Cap Top -Free 1-80"76-M7 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e s 'by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and Q or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al ` takings, and the execution ol'such bonds or undertakings in pursuan � � r s, s on said Company, as fully and amply, to all intents and purposes, as if the xec 6 v geed by the regularly elected officers of the Company at its office in Bal� r�hei p�r�. This power of attorney revokes that issued on behalf of Owen M. BRA atdd &vd:T2 o The said Assistant Section 2, of the By-] Lf�rtffglihat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. IN WITNESS WItEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of December, A.D. 2004. ATTEST: �p 9fPpsr F � o a W ro im State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary j� By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. t C 0) ' Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA-F 012-4160 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 15th day of MARCH , 2007 f -7' / Assistant Secretary Company Profile Page 1 of 2 Company Profile FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196-1056 800-382-2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 39306 0212 2479-4 January 01, 1982 UNLIMITED -NORMAL Property & Casualty MARYLAND Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co—prof?p_EID=6217 5/23/2007 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer11 aa FROM: DATE: T,/O'-- SUBJECT: Bond Acceptance I have received the bonds for &:�,& ((Jompany Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 0d Re: Tract No. J CC No. MSC No Approved oz Agenda item No. (c uncil Approval Date) City Clerk Vault No. #27 gJfollowuplbondletter doc PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 111111111 Nil Il !I 11E 11111 111il11111111111,11 i ill IiNI lull 1111III NO FEE 2007000201803 02:45pm 03/29/07 113 207 N12 1 0.00 0.00 0-00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to ALL AMERICAN ASPHALT who was the company thereon for doing the following work to -wit: GARFIELD AVENUE IMPROVEMENTS AT THE D05 CHANNEL; CASH CONTRACT NUMBER 1242 That said work was completed March 8, 2007 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 Director of Public Works on December 26, 2006, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Fidelity and Deposit Company of Maryland 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. Dated at Huntington Beach, California, this March 19, 2007. l Director of Public Works or City Engineer STATE OF CALIFORNIA) �ity of Huntington Beach, California County of Orange ) ss: City of -Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents ;thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this March 19, 2007. Director of Public Wor s or City Engineer City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) '0�.059-TITLE PAGE (R7/95) 2006 AUG -8 PH 12: 34 Council/Agency Meeting Held: 21" Deferred/Continued to: 1U ]l T # [Approved ❑ Conditionally Approved ❑ Denied ity CI Sig ature Council Meeting Date: 8/21/2006 Department 1"/umber: PW 06-059 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND C TY COUNCIL MEMBERS SUBMITTED BY: PEN �LOPE3RETH-GRAFT, -I AD ISTRAT R PREPARED BY ,: OBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC WO S SUBJECT: Award Construction Contract for the Garfield Avenue Improvement Project, CC-1242 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On August 1, 2006, bids were received for the Garfield Avenue Improvement Project, CC-1242. Staff recommends the award to All American Asphalt, as the lowest responsive and responsible bidder. Funding Source: Funds for this project are budgeted through the Gas Tax Fund, Street Improvements, Account No. 20785201.82300. The engineer's cost estimate for this construction contract was $150,865. The total project cost, including supplementals and contingencies, will be approximately $216,400. Recommended Action: Motion to: 1. Approve the project plans and specifications; 2. Accept the lowest responsive and responsible bid submitted by All American Asphalt, in the amount of $188,188.00 for the Garfield Avenue Improvement Project, CC-1242; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and direct staff to re -advertise or abandon the project. F-� • LJ REQUEST FOR ACTION MEETING DATE: 8/21/2006 DEPARTMENT ID NUMBER:PW 06-059 Analysis: The project will resurface the existing asphalt concrete pavement that has settled on Garfield Avenue west of Brookhurst Street, in the vicinity of the Fountain Valley D05 Flood Control Channel. The scope of work consists primarily of raising the existing street grade by grinding the failed pavement, constructing an asphalt concrete base course, and overlaying the street with asphalt rubber hot mix (ARHM). Concrete curb, gutter and sidewalk, driveway approaches, residential lot drains, and catch basins will be replaced.. Adjustment will be made as required to fire hydrants, manholes, survey monuments, and utility valves. It is anticipated that construction will commence in the fall of 2006, and take approximately 2 months to complete. The following bids were submitted to the City at the publicly held bid opening on August 1, 2006: Bidder Submitted Bid 1. All American Asphalt $188,188.00 2. Elite Bobcat Service $216,997.20 3. Nobest Inc. $225,009.00 4. Excel Paving Co. $226,413.75 5. R.J. Noble Company $228,117.90 The increased cost above the engineer's estimate can be attributed to the current economic climate and the unstable cost of construction materials. All American Asphalt has previously provided similar services to the City. The company is currently constructing an arterial rehabilitation project and is performing satisfactorily. Public Works Commission Action: The Public Works Commission reviewed and recommended the project on June 21, 2006, with a vote of 5-0-2 (Scheid and Spencer, absent). Environmental Status: 15301 of CEQA. Attachment(s): This project is categorically exempt pursuant to Class 1, Section G:\R C A\2006\06-059 Aug 21 Claudio (Award Garfield Ave Improvements, CC-1242).doc -2- 8/3/2006 3:46 PM 0 i ATTACHMENT #1 LOCATION � PROJECT LIMITS NTS GARFIELD AVE. IMPROVEMENTS AT D05 CHANNEL (CC-1242) 'PROJECT LOCATION MAP 9mig CITY OF HUNTINGTON BEACH Fw DEPARTMENT OF PUBLIC WORKS 1 OF 1 0 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for the Garfield Avenue Improvement Project, CC-1242 COUNCIL MEETING DATE: August 21, 2006 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached Not Ap licable ❑ Contract/Agreement (w/exhibits if applicable) Attached Not Applicable El (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Not Applicable El (Approved as to form by City Attorney) Certificates of Insurance ( Approved b the CityAttorne y) Attached Not Applicable Ely Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) AttachedNot Applicable ❑ Staff Report (If applicable) AttachedNot Applicable ❑ , Commission, Board or Committee Report applicable) p ( pp ) Attached Not Applicable ❑ Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ F. `EXPLANATION FOR MISSING ATTACHMENTS EXPYLANATION FOR RETURN OF ITEM:., „;; RCA Author: J. Claudio 0 0 CITY OF HUNTINGTON BEACH GARFIELD AVENUE IMPROVEMENTS CASH CONTRACT No. 1242 BID OPENING DATE: AUGUST 1, 2006 TIME: 2:00 PM ENGINEER'S ESTIMATE: $150,865 BID LIST ::::::::::::::::::::::::: I M:::::::::::::::::::::::::::::::::::::::::R ....................... ...::::::::::::::.:: 1 I :::::T ..... TALBJI :AIV OV 1 All American Asphalt J ��� 00 2 EBS Inc. , 0 l 3 Excel Paving Company 4 Hardy & Harper 5 Nobest Inc. , j ® r 00 6 Noeticcorp 7 Pavement Recycling Systems f 8 R. J. Noble Company (� 9 Savala Construction 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Bid List CC-1242 ld� (2--1 a. C== crlw CIO G-5 ZZ 073, - f7Wit' � r;� �, 00 :3 Ill I - ON 900z • 0 I . *74 OUCITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: July 10, 2006 Project/C.C. No.: C.C. No. 1242 Regarding: Garfield Avenue Improvements at Fountain Valley (DO-5) Channel ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Co ies Pa` es ; Descri tion 1 1 1 Notice viting Sealed Bids for CC-1242 2 Garfield Avenue Improvements at Fountain Valle DO-5 Channel 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2005-64 (adopted on September 12, 2005), the City Council authorized the advertisement of the above listed street improvement project. Please find attached the Notice Inviting Sealed Bids for advertisement on 7/13/06, 7/20/06 & 7/27/06. The bid opening is scheduled for 8/01 /06. Please contact me at 374-5380 with any questions you may have. c: file By: �� ^ Jonathan Claudio, Associate Civil Engineer GACONSTRUCTION CONTRACTS (CCSACC1242\ADVERTISEMENT\N1SB TRANsmrrALTo CLERK-CC-1242.DOC NOTICE INVITING SEALED BIDS for CC-1242 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on August 1, 2006, at which time bids will be opened publicly and read aloud in the Council Chambers for the GARFIELD AVENUE IMPROVEMENTS AT THE FOUNTAIN VALLEY (DO-5) CHANNEL, CC-1242 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting July 13, 2006 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $85.00, sales tax included, if picked up or $105.00 if mailed (bidder shall pay additional costs for special delivery). Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 12th day of September 2005, by RESOLUTION 2005-64. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 N I S B-CC-1242 07/10/06 MON 15:47 FAX 949 646 5008 DAILY PILOT-LGL DEPT N M Danymot His Salesperson: Phone: Ad Copy: N011a INVITING SEAIED BIDS 1v CC-1242 Notice is hereby given that. sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2.00 PM on August 1, 2006, at which time bids will be opened publicly and read aloud An the Council Chambers for the GARFIELD AVENUE IM- PROVEMENTS AT THE FOUNTAIN VALLEY (DO- 5) CHANNEL, CC-1242 in the City of Huntington Beach. A set of plans, speci- fications, and contract documents may be obtained starting July 18, 2006 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $85.00, sales tax included, if picked up or $105.00 if mailed (bidder shall pay addi- tional costs for special delivery). Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a cer- tified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City at Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the ex- ception only of such variations that may be required under the special statutes pursu- ant to which proceedings hereunder are taken and which have not been --- ad proof pg. 1 --- 6,05prn Ad # 26955186 Daily Not RX If 07/10/06 MON 15:49 FAX 949 646 5008 DAILY PILOT-LGL DEPT 9 002 DallyPilot T Htlle�� 5= Salesperson: Phone: provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be consid- ered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required bylaw. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the Cityun Cocil of the City of Huntington Beach, Cali- fornia the 12th day of September 2005, by RESOLUTION 2005-64. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714)536-5431 Published Huntington Beach Independent July 13, 20, 27,.2006 072-454 Ad #26955186 Daily Not H.B.I. --- ad proof pg. 2 NOTICE INVITING SEALED BIDS !. for«=1242.: ; 'Notice is hereby given PROOF OF PUBLICATION will be, feat sealed the City fl received by the City of � Huntington Beach at the= i office of the City Clerk; I at City Hall, 2000 Main! !St'r'eet, Huntington' Beach, CA 92648, until) the hour of 2:00 PM on, STATE OF CALIFORNIA) Iwhh time bids will be, i ss. ,opened publicly and read aloud in the Coun- COUNTY OF ORANGE ) cil Chambers for,they -GARFIELD Hill-, THE PROVEMENTSE AT FOUNTAIN VALLEY = (DO-5) CHANNEL,. CC-' 1242 in the. City of am a Citizen of the United States and a Huntington Beach. , ' resident of the County aforesaid, I am A. ,set of plans, tractecificationsdocuments may be over the age of eighteen years, and not a . obtained .starting, July j 13, 2006 at City Hall, party to or interested in the below entitled Department of e. Public ' Works upon receipt of a of a matter. I am a principal clerk of the non-refundable fee' of $85.00, sales tax, in- HUNTINGTON BEACH INDEPENDENT cluded, if picked .up or �_$105.00 if mailed (bid- 'additional f der shall pay a newspaper of general circulation, ery). for special deliv- printed and published in the City of Each bid, shall • be made on, the, Proposal Huntington Beach County of Orange > > Form' provided in the contract documents, State of nd that attached California,� and shall be accompa- cashier's r' c certified or cashier's check, or a' bid , Notice is a true and complete copy as bond for not less than, 10%, of the amount of was printed and published in the the bid, made payable, to the City. of Hunting=' Huntington Beach issue of said ton Beach. The Contrac- for in the per-; ante, formance . of the work � newspaper to wit the Issue(s) of: and improvements; con - iform to the.Labor Code' of the State of Califor-, nia and: other Laws of the State of California i applicable thereto, with the exception - only of such variations that, i may be , required- under the special statutes pur-, suant',to which proceed-; JULY 1 3, 2 0, 2 7, 2 0 0 6 I rags hereunder are tak- en and which have not. ibeen superseded by the; provisions of the Labor Code: Preference to la-' bor.shall be given only' in the manner provided' by law. declare, under penalty of perjury, that l No bid shall be consid-' ered uniess it is made' the foregoing is true and correct. on.a form furnished byj the City` of .Huntington. Beach, Department IPublic of Works, „and is� tmade 'in accordance with the provisions ofl Executed on JULY 272 0 0 6 j t h e p r o p o s a u / requirements. at Costa Mesa, California. Each .bidder must be. licensed and also prequalified as required, by law. •! The City Council of the' City of'- Huntington Beach reserves the right to reject any or' aN bids.. �+ Signature By order of the City Council of'the City of Huntington 'Beach, Cali -I fornia the 12th,day, of September '2005, by` RESOLUTION 2005-64. Joan L. Flynn ' j City Clerk, of the City of Huntington Beach 2000 Main Street. (714)536-5431 Published - Huntington Beach . Independent July 13,.20-, 27, 2006,072-454, 1 L J NOTICE INVITING SEALED' BIDS , i for CC-1242, Notice .is hereby given that sealed bids will be PROOF OF PUBLICATION by the City of Hunting Huntington Beach at the office _of the City, Clerk i at City Hall, 2000 Main Street, Huntington) Beach, CA 92648, until' the hour of 2:00 PM on] STATE OF CALIFORNIA) August . 1, •2006, .at• which time bids will be sal. opened publicly. and read aloud in the Coun J cil Chambers for the COUNTY OF ORANGE ) GARFIELD AVENUE IM_I ETANNS AT THE FOUNTAIN, VALLEY (DO-5) CHANNEL, CC-' 1242 in the City of j am a Citizen of the United States and a Huntington Beach. ..A set. of plans, resident of the County aforesaid; I am specifications, and ,con - tract documents -may be over the age of eighteen years, and not a obtained starting ,July 13, 2006,at City Hall, { party to or interested in the below entitled Department . of Public. Works upon receipt of a j matter. I am a principal ofi the non-refundable fee of sudedsales tau in- -clerk clded, ,if picked up or' ! HUNTINGTON BEACH INDEPENDENT d f05h00 if mailed - (bid- pay additional a newspaper of general circulation, costs for special deliv-, ery). printed and published in the City of Each bid :'shall be rode on the Proposal Form provided in, the i Huntington Beach County of Orange contract documents,, be. , � State of California, and that attached ,and. shall accompa-. i cash by _a certified cashier's check or a bidbon� Notice is a true and complete copy as 10% of not less than 0% of the amount of � was printed and published in the the bid, made payable to the City Hunting - Huntington Beach Issue of said Beach. TheContrac- � for -, shall, in .the per - formance of the work l newspaper to wit the Issue(s) of. And improvements, con- i -form to the Labor. Code, of the State of Califor- nia' and -other Laws of i the ,State of .;California' I applicable thereto, with the exception only of such variations that may be required under the special statutes pur- suant to which proceed- JULY 1 3 2 0 2 7 2 O O 6 ings hereunder are tak- e n and which have not been superseded by the provisions of the. Labor i ,Code. Preference to.la- bor shall be given only in the manner. provided; by law. - . . No bid shall be consid-- declare, under penalty of perjury, that on a form furnish dabyl the foregoing is true and correct. 9 the City of Huntington.; Beach, Department of Rublic, Works, and is made in accordance! with the provisions ofj Executed on JULY 2 7 2 O O 6 t.h.„ e p_r o.p.o.s.a requirements. i at Costa Mesa, California. -Each bidder must be licensed and also! prequalified as .required by law. The City�Council of the 'City of. Hun.tingtoni Beach reserves the right -- to. reject any o[_all bids. �- — Signature By. order of the 64ty Council of the City. of Huntington Beach, Cali- fornia the 12th day'.of. September 2005, .by RESOLUTION 2005-64. + loan'L. Flynn City) Clerk. of the City of l Huntington.Beach 2000 Main Street. I! r' (714) 536-5431 , Published" .Huntington.; 0 0 •,, & CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2006 All American Asphalt P. O. Box 2229 Corona, CA 92878-2229 Attn: Jerry LeBouef, Project Manager Re: CC-1242, Garfield Avenue Improvements at the Fountain Valley Channel The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, ?Jn L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g:followu p\cashcont\cashcon-letter. doc ( Telephone: 714-536-5227 ) 0 City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract. provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM JEN IFER WGRATH, CityA*om y Sarah Sutton puty City Attorney I Z/ Y I g:followup\cashcont\cashcon 1.doc procedure #14 \v I DECLARATION OF SATISFACTION OF CLAIMS (Name of Contractor) state: 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at on this day of (Location) g:followup\cashcont\cashcon2.doc procedure #15 (Signature of Contractor) , 20_ A PPROVEJ) AS TO FORM aE15NMER M.GRATH, CityAttornsy 2 �(� 3 ji;�r-hSutton puy Attorney CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 4 Tarr+ 141�8 i Do rJ ) (fA14/iR �L TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS. 2 3. COMPENSATION 4' 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20, INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES.SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S.FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 1`9 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 t CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND / FOR / to '�/l !� t?' �c✓ �!%�i'iI!! C ..�i�'�/a/'D t%� /�%E19Ts .¢ � 7`Li� ~ �r THIS AGREEMENT ("Agreement") made and entered into this day of A.luay— 20`M , by and between the City of Huntington Beach, a municipal corporation of the State of California, -hereinafter referred to as "CITY," and ��l /,�i�1cRiCA,-► vhA f G,N dan �✓ , a California Cak�De eAo.-�. hereinafter referred to as "CONTRACTOR. WHEREAS, CITY has solicited bids for a public works proJect, hereinafter referred to as "PROJECT," more fully described as i44nk� vKYo�o�cw.enfs A f fkC b o 5) C kA v%p� e k 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 complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and 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 fully assume the risk of all" loss or damage. arising out of the nature -of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 1 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 work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 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 defined below in this Section), 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 thorough 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 the 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; agree/forms/city const/4-03 2 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, and any revisions, amendments or addenda thereto; D. The current ;edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, 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, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); 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 a 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"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any zconflict 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 the 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 '94e -Ca,4/ Eis/gt %�oKr•4� o4e' H401 d"-e-d . E: hf,. el jA f Dollars ($ /88. 18� . ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. CONUVIENCEMENT OF PROJECT' CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued .and diligently prosecute the PROJECT to completion within consecutive ewekog 22PT from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TUVIE 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 obtainapprovalas required by the Contract Documents for all shop drawings, details and samples, and do all other thingsnecessaryand 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 agree/forms/city const/4-03 4 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 controlof 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 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 prior written order or acceptance 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 DPW a written cost proposalreflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city coiist/4-03 5 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 the 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. 8.. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTORS faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion.; 9. WARRANTIES CONTRACTOR unconditionally guarantees alli 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 agree/forms/city consU4-03 6 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 own cost 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. CONTRACTORshall secure at its own cost and 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` and/or the services performed hereunder. 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 fva- ,S/ur1drG,� Dollars _ ($ 500• =— ) 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 damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees, to pay these damages herein provided, and agree/forms/city const/4-03 7 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 the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts, of God or of the public enemy, fire, floods, epidemics,, quarantine restrictions, strikes, unsuitableweather, 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), notify DPW 'm 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 by 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 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 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 materials by CITY or agree/forms/city const/4-03 8 Y ' delays by other contractors or subcontractors, will ,be :allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR.' 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions. are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions_ at the job site, of an unusual nature, differing materially, from those ordinarily encountered and generally recognized as inherent toworkof 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 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. B. 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. agree/forms/city const/4-03 9 13. VARIATIONS INESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTORwill 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 thanor 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 sole judgment the findings warrant: 14. PROGRES''S 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 of the progress estimate, 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 schedules and if 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 (I00%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, 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 theterms 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. WITII JELD CONTRACT FUNDS: SUBSTITUTION OF SECURITIES At the request and at the sole cost 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, 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 CONTRACTOR'S affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11 • 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 harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses; expenses, judgments, demands defense costs, and consequential damage or liability of any, kin& or nature, 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 and CITY shall approveselection of CONTRACTORs counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, -CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code; which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions: prior to commencing performance of the workhereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory, limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability 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 and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and. :employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees -and agents while acting within the scope of their duties, against any and all claims arising out 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 One Million Dollars ($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 One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically' provide that any other insurance agree/forms/city const/4-03' 13 coverage which may, be applicable to the PROJECT shalfbe'deemed excess coverage and that CONTRACTOR's insurance shall be primary. 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. CERTIFICATE'S OF INSURANCE,• ADDITIONAL INSURED ENDORSEXMNTS 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; the certificates shall: I. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. 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 requirement for carrying the foregoing insurance °coverages shall not derogate from the. CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all 'times 'have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay; in a promptand timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional' insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 r elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or:;a courtof competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. 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 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 CONTRACTOR notice in writing of its intention to iterminate 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. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section' 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7'/2 %o) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to i CONTRACTOR. i 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed. hereunder, or upon expiration or 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. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any °right or duty createdherein, without the prior written consent of CITY and the surety. 27. 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 the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES: RECOVERY OF ADMIlVISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This 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 (2), 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., 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a -sealed envelope, postage prepaid, ° and depositing the same in the United States Postal Service, to the addresses specified below, provided that CITY and: CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONTRACTOR' City of Huntington BeachP ATTN: 7)wtyc✓ eDilc' n Imo- �• - 2000 Main Street O Huntington Beach, CA 92648} CA 1;' p�:q agree/forms/city const/4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject- headings, and descriptive phrases at the beginning of the various: sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe; or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. INMIGRATION 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 United States Code Section 1324a regarding employment verification. 32. LEGAL,, SERVICES SUBCONTRACTINGPROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of nny 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. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city eonst/4-03 18 shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing parry. 34. INTERPRETATION OF THIS AGREEMENT The language of all partsof this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any- of the parties. If any provision of this Agreement is held by an arbitrator or, courtof competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 3 5. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-0319 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any parry who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive., 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation; and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth. in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject; matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings: and agreements whether oral or in writing between the parties respecting the subject matter hereof. 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 A . / A _. T- 71 i j_vr, punt name ,I . _ ITS: (circle one) Chairman/Presid ice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: C)O&j 0�- ity Clerk By " ..... —%.•---s n APPROVED AS TO FORM: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. d D6 City Altomey ecretary -Treasurer REVIEWED AND APPROVED: Ci Administrator agree/forms/city const/4-03 ALL-PURPOSE AC�',OWLEDGMENT State of California County of Riverside SS. On September 22, 2006 before me, Brenda L. Rooster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley and Thomas Toscas Name(s) of Signer(s) of BRE NDA L. ROYSTER Commission # 1381765 z Notary Public - California ; Orange Count R4Ivly Comm. Expirees Oct 2006 OPTIONAL X personally known to me to be the person(s) whose name(s) Vare subscribed to the within instrument and acknowledged to me that ttftefthey executed the same in h/their authorized capacity(ies), and that by roaftr/their signature(s) on the instrument the person(s) or, the entity upon behalf of which the person(s) acted, executed the instrument. W NESS my han nd offi ' se , Signature o Notary Public 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 reattachment of this form to another document Description of Attached Document Title or Type of Document: City Funded Construction Contract -Huntington Beach Document Date: September 22, 2006 Number of Pages: 22 Signer(OtherThan Named Above: None Signer's Name: _Individual XCorporate Officer Title(s): Vice President and Sec./Treasurer _Partner- Limited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here SECTION C PROPOSAL for the construction of GARFIELD AVENUE IMPROVEMENTS, CC-1242 AT FOUNTAIN VALLEY (D05) CHANNEL in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Plans and Specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 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. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the C-1 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. Accompanyingosal of bid find D0�5t this proposal p to ID a 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 may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature c-2 *PROJECT BID SCHEDULE Is Garfield Avenue Improvements, CC-1242 Item: ..... ................................................................................ ;EstiriiaYed :::::: .............. ;:: >: ;>: ;>itein:with: unit:price:............ .::...... ............I................... ..... <::::::>::;::: .................... Extended: >: .................. ............... ado:: :Qua ntity : ::::: `:::::::::.viir tten:in:words..::.. >. >' ;:.....:U�txt 1 1 Mobilization LS @ uO a pl bn, $2%0D Z.�YU Cents Per LS 2 1 Traffic Control Plan LS @ *Iund_6/�'w Dollars $ �a $ lono — ?�io Cents Per LS 3 1 LS,_ Furnish Project Traffic Control / s►x10 _M @��OCA.i�SQ��n tc�GlrAol Dollars $ �! Cents Per LS 4 24570 Surface Grind (Depth: 0.17' & 0.38', [Includes Excavation and Disposal]) SF @ Dollars Cents Per SF 5 70 Import Soil CY @ 1 JCAA .d4,yU- Dollars $ (01- $ t4. (p — d 1�0 Cents Per CY 6 61 Import Aggregate Base TN @" Dollars $ S! ` $ GQg53 — BYO Cents Per TN 7 374 Construct ARHM (Wet Process, 0.17' Overlay) TN @ I'/%t��t4�✓��C. Dollars A — $ 3�u �V -7B e— YU Cents Per TN 8 537 Contruct Asphalt Concrete Base Course (Min. Depth: 0.2F) TN @ e fA!V - J&7,4 — ' Dollars $ � $ —z.e_ V'O Cents Per TN 9 1 Remove and Reconstruct Catch Basin & Cover Per HB Standard Plan 301, 303, & 309 EA @ 16k)P L 4q6m�./ Dollars $ / ,• $ �. Z r0 Cents Per EA Remove and Reconstruct Curb and Gutter Per HB Standard Plan 202 (CF=8") [ILF @ �yl¢-7�t2C� Dollars $ y $ (� `ZiGJY0 Cents Per LF C-2.1 4FROJECT BID SCHEDULE Garfield Avenue Improvements, CC-1242 Item:: ..................................................................................... No: Estimated :: ............. ::Quantity :: ;:: >:: >: ;: ;:Ite►ri;rvith: unit:price: ::::::: ;»;:...... ....I............................ ........................................... ............:.. wrXtteri: n:vi at ds:..... >: :: >;:::: ..................................... Exterideii: : ................. 11 2037 SF Remove and Reconstruct Sidewalk Per HB Standard Plan 207 Dollars $' $ (7 ai ' Cents Per SF 12 148 LF Remove and Construct Sidewalk with Monolithic -Key Per Detail A (Sheet 1 of 2) @ n�o6 I jl f d.— GwO Dollars Z.& ( Cents Per LF $ 13 180 SF Remove and //Reconstruct.Curb-Inlet Local Depression (In -Kind) @ �i�'C�Y+�/A. �Li(J� Dollars Cents Per SF 14 534 SF Remove and Reconstruct Residential Drive Approach Per HB Standard Plan 209 @ 4.e_� Dollars '7ia•�/Q Cents Per SF 15 1 EA Construct Residential Lot Drain Per HSB Standard Plan 204 @ / C�A! J. fil J— Dollars Z-e-ru Cents Per EA 16 1 EA Remove Tree and Grind @ Dollars $ 5 $550' Cents Per EA 17 1 LS Provide Construction Survey @ /��_ re�� Dollars $� $ Cents Per LS 18 3 EA Adjust Sewer Manhole to Grade � @ t ti t �•`tdjnAveck Dollars $ I.?AX.— �� rd Cents Per EA 19 3 EA Adjust Water Valve and BoxtoGrade @ �(%� ✓(.t ��LtdlKi� j�Pp��. jr Dollars Cents $+C� Per EA 20 1 EA Adjust Fire Hydrant Assembly _to�Grade �_ @ �dS� 70 43&eePollars Zt�.,,YCJ Cents Per EA C-2.2 4WROJECT BID SCHEDULE * Garfield Avenue Improvements, CC-1242 Run:: Estimated :: :::::::::::: ;:Item:rvith: unit::puce;::'::::::::::::::: ,-:::::::::::::::::'::::: . .written in Wolyds ..... :... a>• e Extended:: : o.....: 21 1 LS Traffic Striping (In Kind) / @ n6w�Ahft4se-� OC Dollars $ acco Cents Per LS 22 3 EA Survey Monumm�entattion @ kt,"jn('eW Dollars . $ $ 2-G-✓Q Cents Per EA 23 @ Dollars $ $ Cents Per 24 @ Dollars $ $ Cents Per 25 @ Dollars $ $ Cents Per Total Amount Bid in Figures: /-- Total Amount Bid in Words: �%3'1L III ,ZA' .- r911 C-2.3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 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 0 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange zELT &" , being first duly sworn, depose and says that he ��e is CF,�� (� of �[ MCff XJ e 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. Aa )q&aQ61W &PL&r Name of Bidder Signature of Bidder Roa ?-o. �A CaDt--ft' Address of Bidder -J], ��, BRENDA L. ROYST° P Subscribed and sworn to before me this o2 day of �'�=— 200 q` Commission # 1381765 Notary Public - California p Orange County l\k my comrappires Oct 26, 200/6 NOTARY PUBLIC C-4 NOTARY SEAL 0 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 IMPROVEMENTS, (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. Date: A tt c A PN r Contractor ByR fr IC, � �oGLf r Title c-5 9 E DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes AKo 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 with such provisions before commencing the performance of the work of this contract. Date: iJ-CU,� JC6tv 14U- �. Contractor vtf-e Pp,�,b a-YT- Title C-7 E UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at,1-800-422-4133 a minimum of two working days before scheduled excavation. Dig, Alert Identification Number: Ott 14* G&cfi1j AsP T� Contractor y Utc,c PFasloeu= Title Date: :TU �"6'- )-Of�� 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 INFORMATION BIDDER certifies that the following information is true and correct: 41111L # GRC44, j ASPtfA-U- Bidder Name F.o, taa Business Address 0-0 iu A- PC Q 9- - aaa� City, State Zip s f) -7 3(0 2-160-0 Telephone Number 3 State Contractor's Contractor's License No. and Class 1-t9-'l I Original Date Issued - 3 I -DV Expiration Date The work site was inspected by �M4 L6 �W eP- of our office on % '-5 t , 200 The following are persons, firms, and corporations having a principal interest in this proposal: c-9 0 0 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. Company Name Signature of Bidder Printed or Typed Signature BRFNDA L Commission # 1381765 Subscribed and sworn to before me thisi) -"day of 2006. ` I ` a a' Notary Public - California Orange County My Comm, Expires Ort "6, NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Name and Telephone No. of Prqect Manager: Contract Amount Name and Add/ess of Public Agency Type of Work Name and//Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 0 0 `62005„ PAST WORK REFERENCES City of West Covina 1444 West Garvey Avenue West Covina, CA 91790 Contact: Sam Guittierez, (626) 939-8734 Street Rehabilitation at Various Locations Contract Amount: $709,500.00 Completed: 6/30/2005 Start: 2/l/2005 City of San Clemente Calle Del Cerro Street Rehabilitation 910 Calle Negocio, Suite 100 Contract Amount: $522,000.00 San Clemente, CA 92673 Completed: 9/30/2005 Contact: Akram Hindiyeh, (949) 361-8200 Start: 7/l/2005 City of Westminster 03/04 Citywide Street Improvement Project 8200 Westminster Blvd. Contract Amount: $1,199,567.00 Westminster, CA 92683 Completed: 2/16/2005 Contact: Theresa Tran, (714) 898-3311 Start: 8/2/2004 City of Orange Annual Street Maintenance 300 E. Chapman Avenue Contract Amount: $1,369,798.00 Orange, CA 92866 Completed: 4/l/2005 Contact: Alan Truong, (714) 744-5573 Start: 9/3/2004 City of Garden Grove Euclid Street & Harbor Blvd. 11222 Acacia Parkway Contract Amount: $1,972,000.00 Garden Grove, CA 92842 Completed: 9/30/2005 Contact: Navin Maru, (714) 741-5180 Start: 8/1 /2004 D � Fide ity and Deposit Company of Maryland Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO. 085 97 423 , as Principal, (hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto of Huntineton Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN -------- Dollars ($ 10% OF TOTAL BID PRICE ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Garfield Avenue Improvements, CC-1242 at the Fountain Valley (1305) Channel No. CC-1242 Bid Date: August 1, 2006 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th Witness day of July A.D., 2006 ALL AMERICAN ASPHALT Pr (SEAL) Title OCC J�M I Uma}r f FIDELITY AND DEPOSIT C /PA F MARY ND Surety's i By (SEAL) Witness P N M. BROWN Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland . Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701f • State of County ofCAPACITY CLAIMED BY SIGNERIS) On al"A)dJobefore me, (, ° L . 49a, WuA (O TE) INAME/TITLE OF OFFICER-i.e.'JANE OOE, NOTARY PUBLIC' personally appeared i 6 LA-0 INAME(S) OF SIGNERIS)) personally known to me - peukka -to be the person(�rwhose name( }- Is/ subscribed to the witPtin instrument and �-» = BIZENoa 1 . R�vsr _i; acknowledged to me that he/sq executed the Commission # 1381766 same in his/}mf lr z m Z _ NotPublic- Ca9ifomia r authorized capacity4eig , P Orange County and that try his/fir — MY Comm. ExpirEsC,#26,2�� signature on the instrumentthe erson(A.�- (SEAL) or the entity upon beha f of which the person(AT acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY (SIGNATURE OF NOTARY) The information requested below and in the column to the right 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 AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above r WOLCOTTS FORM 63239 Rev. 3-94 (price class 8-2A) ©1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION _ OINDI V IDUA L(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNERIS) ❑LIMITED ❑GENERAL OATTORNEY IN FACT ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRE TING: (Name of Pets s) or Entity(ies) CAPACITY CLAIMED BY SIGNERIS) OINDIV IDUA L(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) OLIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Persons) or Entitylies) 1111111111111111111111111� �p CAUFO ROM A ACKNOWLEDWENT State of Caftrnia County of ORANGE On 7 -27-06 betmme, HARHARA T. _BEN= ode X"W4WTmed0*41, SWVft NO" Plfttl OWSN M. BROWN UNkMA J. KNDER Conq�lon s 1494946 B= person,* to me OMW COU* XXXIMUM POWWW MtrComm. Jui13, to be the person(* whose name(*) WAR subscribed to'- the within instrument and acknowledged to me that WaNNOW executed the smite in hisilloftir authorized _ #t QPacih'(4p), and that by hmMpdM ! - on the instrument the person(o. or the upon behalf of which the pemon(W - MlltlatattN.lErs.kti 1 the OP7 L 7housyr ere �t betavyls rriot b1' �%� rrray + m pegs orr the �r oaNd prs9verN frmr*, o mmowarwmaffad*mv of tins f mr to amfiwr&vwn" Description of Afiac)md ftcument Tale or Type of Document; BID BOND Document Owe: 7-27-•06 Number of Pages: Sijter(s) Other Than Flamed Above: ALL AMER.ICAN ASPHALT Capscfty(tns) Claim by Signer Signet's iVame: own lei. MAQWN D individual Top of 9t oib hare ❑ Corporate Officer — Tine(s): ❑ Partner—❑ limited ❑ General ttor "4n-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Repr ling: FIDELITY AND DEPOSIT COMPANY OF MANYLAND 0790maowmRmyAmdwj.-SMDoS*WAae-MOmc2W1Qaftwo tCA9r3r3-WM'*Vas ems" Aadr@o.s�r fTeorQer.CaBTaBFiee1-806816.68TT Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e dds by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and t o act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its actX=., al takings, and the execution of such bonds or undertakings in pursuan o s " on said Company, as fully and amply, to all intents and purpose�tl�xe ged by the regularly elected officers of the Company at its office in Baeu0 r This power of attorney revokes that issued on behalf of Owen M. BRO�ia�r The said Assistant Section 2, of the By Ortify-1hat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of December, A.D. 2004. ATTEST: W ^GIM State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND i"'C'_ ice, /',r"� Eric D. Barnes Assistant Secretary I � i it° 1 By: William J Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA-F 012-4160 0 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be- signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 27 th day of July f 2006 Assistant Secretary SEP-20-2006 WED 11:30 AM f`I:en1i!• AA-Yr FAX N0. Afl iLmc!P19 P. 02 ACORD. CERTIFICATE OF LIABILITY INSURANCE 09/20106 "YYn PRODUCER Calco Ins Brokers $ Agents Inc Llc #OB29370 714 93T-1824 ( ) One City Blvd W, #100 Orange, CA 92868.2947 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALT1=R THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC l; INSURED All American Asphalt PO Box 2229 Corona, CA 92878-2229 INSURER A; Arch Specialty Insurance Co. INSURER Br Great American'Ins.Co (OH) INSURER0: Seabright Insurance Co INSURER D; Hartford Fire Insurance Co. INSURER E: — .. L:UVERAGES TI IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMCD ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RFOUIREMCNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY 71 IE POLICIES DESCRIGED HEREIN IS SUDJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR A NsR TYPE OF INSURANCE - POLICYNUMDER POLICY E FECT E DATE MM►Dn POUCCY RPIRATION DATE I7D 08/01107 08/01/07 LIMITS _ GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GPP000872901 Cert, Holder is named additional insured If required by written Contract 72UENGK5491K2 Cert. Holder Is named additional Insured if required by written contract 08101106 08101/06 F.ACIIOCCURRENCE 1;1000000 DAMAGE TO RFNTrD PUMISEZrmn $100.000 MFD EXP (Any one Po^ ren) 5 PERSONAL QADV INJURY $1,000.000 GENERALAGGRECAIE __ E2,000,000 r_ GEN'L AGGREGATE LIMN APPLIES PPIC roucv X J�cT LOC PRODUCTS • COMB/OP AGG s2 00U 000 COMBICDSINGLE LIMIT v I E1,000,000 J D AUIOMODILELIABILITY X ANY AUTO ALL OWNGOAUTOS SCIIGDULrD AUTOS I11RED AUTOS NON-OWNCD AUTOS _,.,^ BODILY INJURY (pot person),..,.- X BODILY INJURY (Pararxldunq S X GARAGE WA131 TTY ANY AUTO B EXCESSIUMBRELLA LIABILITY TUES950076 OCCUR EICLAIMS MADE DCDUCTIBLE X RETENTION _ $10,000 _ C WORKERS COMPCNSATION AND EB1060243 EMPLOYPRV LMILITY ANY PRO)IRIETORIPARTNERUECUTIVE OFFICFJWCM&R EXCI UDED? If yLt, tlo"aAba under SPECIAL PROVISIONS below OTHER 08101/06 108/01/07 03101106 108/01107 PROPCRTY DAMAGE $ (Peraccidunl) AUTO ONLY . EA ACCIDENT S OTHERTHAN EAACC S „M AUTO ONLY; AG G S EACH OCCURRENCE $10L000,000 AGGREGATE $10,00,000 E.L. OISmsc • EA Emi-LoYtEl 0 El. . DISCASE - POLICY LIMIT S DEsckIPTION or DraNATIORS J LOCATIONS I V£IIICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS ^�+ RE: Garfield Avenue Storm Drain Improvements, Cash Contract 1242 "2ap/7vp/wcw" PROVED AS TO O NI: J �NIFN1cGRALTH, City Attorneq City of Huntington Beach 2000 Main Street P,O. Box 190 Huntington Beach, CA 92648 LP ANY OF THE ABOVE PESCRIBED POLICIES OF CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL jWMRRXRMAIL -.30., DAYS WRITTEN ;I; TO THE CERTIFICATE HOLDER NAMED 10 THE LEFT,AXXAB1k4tXtA1QKXX1Q0MX AUTHORIZED ACORD 25 (2001108)1 of 2 #S12990/M8668 CSC 0 ACORD CORPORATION 1980. SEP-20-2006 WED 11:30 'AM FAX NO. P. 03 i i IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to tho terms and conditions of the policy, certain policies may requiro an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insuror(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, ACORD 25-S (2001100) 2 of 2 #S12990lM8668 SEP-20-2006 WED 11:30 AM FAX NO. P. 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL, INSURED SECTION III -- WHO IS INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with the Named Insured to be named as an additional insured, but only with respect to liability arising out of your operations, "your work", or premises owned by or rented to you. All other terms and conditions of this Policy remain unchanged. City of Huntington Beach, its officers, elected and appointed officials, employees, agents and volunteers Project: Garfield Avenue Stonn Drain Improvements, Cash Contract 1242 Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number: GPP000872901 Named Insured: All American Asphalt Endorsement Effective Date: 8/1/06 00 CGL0006 00 02 04 c;Wy pocs\ALLlEndt.doa SEP-20-2006 WED 11:30 AM FAX N0, P. 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - BROAD FORM, CGL POLICY ENDORSEMENT It is hereby agreed that the following paragraph is added to Section IV, Commercial General Liability Conditions, Item 4: Where the named insured is required by a written contract to provide insurance that is primary and non-contributory, and the written contract so requiring is executed by the named insured before any loss, this insurance will be primary, but only if and to the extent required by that written contract, This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: GPP000872901 Named Insured: All American Asphalt Endorsement Effective Date: 8/1/06 00 CGLO130 00 01 04 Page 1 of 1 SEP-20-2006 WED 11:30 AM� FAX NO. • P. 06 COMMERCIAL AUTO CA00011293 BUSINESS AUTO COVERAGE FORM Various provlslons in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and Is not covered. Throughout this policy the words "you" and "your" refor to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to tile, Company providing this insurance, Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS, SECTION I - COVERi-D AUTOS ITEM TWO of the Declarations shows the "autwel that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos", The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A. DESCRIPTION OF COVERED AUTO DESIGNATION SYMBOLS SYMBOL. DESCRIPTION 1 := ANY "AUTO". 2 = OWNED "AUTOS" ONLY, Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own), This Includes those "autos" you acquire ownership of after the policy begins, 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private passenger "autos" you own. This Includes those private passenger "autos" you acquire ownership of after the policy begins. 4 = OWNED "AUTOS" OTHER THAN PRIVATE PASSENGER "AUTOS" ONLY, Only those "allto5" you own that are not of the private passenger type (and for Liability Coverage any "trailers" that you don't own whilo attached to power units you own), This includes those "autos", not of the private passenger type you acquire ownership of aftartho policy begins, 6 = OWNED "AUTOS" SUBJECT TO NO-FAULT, Only those, "autos" you own that are required to Have No -Fault benefits in the state where they are licensed or principally garaged. This Includes those "autos" you acquire ownership of after the policy begins provided they gre required to have No -Fault beneffts In the state where they are licensed or principally garagod. 6 = OWNED "AUTOS" SUBJECT TO . A COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own that because of the law In the state where they are licensed or principally garaged are required to have and cnonot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins ' provided they are subject to the same state uninsured motorists requirement. 7 SPECiFICALL.Y DE50RIBF-D "AUTOS". Only those "autos" described In ITEM THREE of the Declarations for which a' premium charge Is shown (and for liability Coverage any "trailers" you don't own while attachod to any power unit described in ITEM THREE). 8 HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or barrow. This does not Include any "auto" you lease, hiro;• rent, or borrow from any of your employees or partners or members of their households. 9 = NONOWNED "AUTOS" ONLY, Only those "autos" you do not own, lease, hire, rent or borrow that are used in obnnection with your business. This Includes "autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs. S. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. If symbols 1, 2, 3, 4, 5 or 6 are entered next to a coverage In iTEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. CA 00 0112 93 Copyright, Insurance Services Offlce, Inc.,1993 Pace 1 of 11 SEP-20-2006 WED 11;30 AM FAX NO. P. 07 2. But, if symbol 7 is Entered next to a coverage In ITEM TWO of the Declarations, an "auto" you acquire will be a coverer! "auto" for that coverage only if; a.' We already cover all "autos" that you own for that coverage or It replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. CERTAIN TRAILERS, MOBiLE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS If Liability Coverage is provided by this -Coverage Form, the following types of vehicles are also covered "autos" for Liability Coverage: A. COVERAGE 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2, "Mobile equlpment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of Its owner as a temporary substitute for a covered "auto" you own that Is out of service because of its: a. Breakdown; b. Repair, c. servicing; d. "Loss"; or e. Destruction SECTION I1- LIABILITY COVERAGE .We will pay all sums an "insured" legally must pay as damages becauso of "bodily Injury" or "property damage" to which this Insurance applies, caused by an " Goldentr, and resulting from the ownership, maintenance or use of a covered "auto'. We will also pay ail sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" iF there is either "bodily Injury" or "proporty damage" to which this Insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" sobilnst a "suit" asking for such damages or a "covered pollution cost or exponso", However, we have no duty to defend any "Insured" against a "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may Investigate and settle any claim or "suit" as we consider appropriate. Our duty to dofond or settle -ends when the Liability Coverage Limit of insurance has been exhausted by payment of Judgments or settlements, 1. WHO IS AN INSURED The following are "insureds". a. You for any covered "auto", b. Anyone elso while using with your permission a covered "auto" you own, hire or borrow except; (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" Is a "trailer" connected to a covered "auto" you own, (2) Your employee if the covered "auto'' Is owned by that employee or a member of his or her household, (3) Someone using a covered "auto" while he or she is working In n business of selling, servicing, repalring, parking or storing "autos" unless that business Is yours. (4) Anyone other than your employees, partners, a lessee or borrower or any of their employees, while moving property to or from a covered "auto". Page 2 of 11 Copyright, Insurance Services office, Inc., 11)93 CA 013 01 19 43 SEP-20-2006 WED 11:30 AM FAX NO, P. 08 (5) A partner of yours for a covered "auto" owned by him or her or a member of his or her household. c, Anyone liable for the conduct of an "Insured" descdbod above but only to the extent of that liability, 2. COVERAGE EXTENSIONS a. Supplementary payments, In addition to the Limit of Insurance, we will pay for the "Insured": (1) All expenses we Incur, (2) Up to $250 for cost of bail bonds, (including bonds for related traffio law violations) required because of an "accident" we cover. We do not have to furnish these bonds, (3) The cost of bonds to release attachments In any "suit" wo defend, but only for bond amounts within our Limit of insurance. (4) All reasonable expenses Incurred by the '1Insured" at our request, Including actual loss of earning up to $100 a day because of time off from work. (6) All costs taxed against the "insured" in any "sult" we defend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited In court the part of the Judgment that is Within our Limit of insurance. b, out -of -State Coverage Extenslons. While a covered "auto" Is away from the state where It Is ilcensed we will: (1) Increase the Limit of insurance for Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" Is being used, This extension does not apply to the llmit or limits specifiod by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where tho covered "auto" Is being used, We will not pay anyone more than once for the same elements of loss because of these extensions, B. EXCLUsiONS This Insurance does not apply to any of the following: 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or Intended from the standpoint of the "insured 2. CONTRACTUAi. Liability assumed under any contract or agreement, But this exclusion does not apply to liability for damages: a. Assumed In a contract or agreement that is an "insured contract" provided the "bodlly injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b, That the "Insured" would have In the absence of the contract or agreement. 3. WORKERS' COMPENSATION Any obligation for which the "insured" or the "insured's" Insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law, 4, EMPLOYEE INDEMNIFICATION AND EMPLOYEE'S LIABILITY "Bodily injury" to, a. An employee of the "insured"; arising out of and In the course of employment by the °insured'; or b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above. CA 00 0112 93 Copyright, Insurance Services office, Inc., 1993 page 3 of 11 SEP-20-2006 WED 11:31 AM� FAX N0, a P. 09 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVE=R FROM OTHERS ENDORSEMENT—CALIFORNIA WC 04 03 06 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US_) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this Endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of ITuntington Seach, its officers, elected and appointed officials, employees, agents and volunteers Job Description Project: Garfield Avenue Storm grain Improvements, Cash Contract 1242 WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE_ This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated_ (The information below is acquired only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8/1/06 Policy No. BB1060243 Endorsement No. 6 Insured All American Asphalt (A Corp) Policy Effective Date 8/1/06 Insurance Company SeaBright Insurance Company Countersigned By WC 04 03 06 (Ed. 4-84) 01993 by the Workers' conlpensation Insurance Raling Oureau of California. All rights reserved. PROVED AS TO FORM: h�RAH,y Attorney J ( 03/10(01 0 Bond No. 088 53 243 EXECUTED IN THREE (3) PARTS PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated 20 _,_, entered into a contract with AT-T. A-JdFRTrAN ACRFiAT.T ZO BOX 2229,CORONA,CA 92878-2229 (name and address of Contractor) (hereinafter referred to as "Principaal"), for performance of the work described as follows: GARFIELD AVENUE STORM DRAIN IMPROVEMENTS CASH CONTRACT 1242 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 901 NO. BRAND BLVD, GLENDALE, CA. 9120 (name and address of Surety) (a duly admitted surety insurer under the taws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and. firmly bound unto City in the penal sum of Oths Dollars ($_,12 8 �128 rt ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shalt indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal In the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shalt be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and r"591.1 PERFORMANCE BOND Page 1 of 2 0 0 Bond No. 088 53. 243 any other alteration, change, deletion, addition or other modlfication to the Contract, or the work to be performed thereunder, and agrees to automatically aryust the Baal sum of fW. P4n d to reflect such adjustments, alterations, changes, deletions, addltions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all Obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: SEPT ATTEST ALL AMERICAN ASPHALT (Corporate Seal) (Principal Name) Name: Title: PUFZ>Q ATTEST (Corporate Seal) FIDELITY AND DEPOSIT COMPANY OF.MARYLAND (Attach Attorney -In -Fact Certificate) I 81f 409-2800 (Area Code ill Telephone Number of Surety) Agent; 714-935-1112 APPROVED AS TO FORM: CITY OF.MUNTINGTON BEACH By' ennifer Mc th s'/t5f64 ity Attorney Nato: 7hts bond must be executed to dupe and dated, aH signatuMa must be notarized, and evidence orthe authority of My pomm slgnMg as aftonter^faot must be aftached_ 2""Li PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE OWLEDGMENT State of California County of Riverside On September 22, 2006 before me, Brenda L. Royster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley Name(V-of Signer(V- 6 P 1,1.DA L. ROYSTER Commission # 1381765 Z , - Notary Public - California_ Orange Cou My Comm. Eoei Oc( %2006 OPTIONAL X personally known to me e f to be the person(#rwhose name(' is/We-subscribed to the within instrument and acknowledged to me that he/may executed the same in his/h'i irauthorized capacityQjsj-and that by his/rLVsAhotr signature on the instrument the person or, the entity upon behalf of which the person( acted, executed the instrument. WhESS '� LC. my hand d and fficia eal Signature of Notary Public 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 reattachment of this form to another document Description of Attached Document Title or Type of Document: Performance Bond Document Date: September 19, 2006 Sig nerrOther Than Named Above: Owen M. Brown Signer's Name: _Individual XCorporate Officer Title(i . Vice President _Partner- _Limited General —Attorney-in-Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Number of Pages: 3 Top of thumb here • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On 9-19-06 before me, BARBARA J . BENDER Date - Name and Tide of Officer (eg.. Jane aloe, Notary Pub9c-) appearedpersonally BROWN iipersonallyto me =i�$-fd�•i'i�,t+I; BARBARA J. BENDER 0Commission # 1494946 Notary Public - California Orange County 1Mv Comm. Expires Jul 13, 2008 to be the person() whose name(s) iSAiW subscribed to the within instrument and acknowledged to me that helms► executed the same in hisl0000- authorized capacityo*, and that by hi signatur (e) on the instrument the person(*), or the9dtiq upon behalf of which the person(*) 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 reattachment of this *arm to another document Description of Attached Document Title or Type of Document: PERFORMANCE BOND NO. 088 53 243 TWO Document Date: 9-19-06 Number of Pages: (2) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer Signer's Name: OWEN M r BROWN © Individual © Corporate Officer — Title(s): _ © Partner — 0 Limited Q General 3�R Attomey-in-Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: 7; TDFT TTY Arun DEPOSIT COMPANY OF MARYLAND r RINT 01999 National NotaryAssociabon - 9350 De Soto Ave, P.O. Box 2402 - Chataworttz, CA 91313.2402 - wwwmadomalnotmy4ru Prod. No. 5907 Reorder: tag Tot -Free f-80U•876.6827 • U PAYMENT BOND Bond No. 088 53 243 EXECUTED IN T". (.31 fAf,,74 (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: *WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to ALL AMERICAN ASPHALT PO BOX 2229, CORONA, CA, 9. - (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: GARFIELD AVENUE STORM DRAIN IMPROVEMENTS (project title) WHEREAS, principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by taw. NOW THEREFORE, we, the undersigned Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND 901 NO. BRAND BLVD, GLVNDALE, C.. (name and address of Su"D (a duty admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of QNE HUNDRED EIGHTY EIGHT THOUSAND, ONE HUNDRED EIGHTY, EIGHT AND NO/10.0tb' --------- dollars, ($ 18$ 88 ,00 ., ), this amount being not less than one hundred perwA (1 ') of the total price set forth In the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THiS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fall to pay any of the persons named in Section 3181 of the Callfbmia Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amouft doe wider tie UnempiD ment. Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1776, 1813 or 1816 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the firnployment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond. otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration. addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shalt in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, rnsftl PAYMENT BOND Page I of 2 • • Bond No. 088 53 243 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the prm4siwo of -Csiftmia £'W Code S5 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duty executed by principal and Surety, on the date set forth below, that the name of each corporate par being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body, Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or property execute this bond. Dated: SEPTE'MB.ER 19 r 2006. ATTEST (Corporate Seat) ATTEST (Corporate Seat) (Attach Attorney -in -Fact Certificate) ALL AMERICAN ASPHALT (Principal Name) Nam . Its. - FIDELITY AND DEPOSIT COMPANY OF MARYLAND (818y 409-2800 (Area Code & Telephone Number of Surety) Agent; 714-935-1112 APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH i 1 4- k. B y' + ' ` nnhr Mo rath ity Attorney % N01e: This bond must be executed in duplicate and dated, aN signatums must be notarized, and evidence of the atimardy of any person signing as attvmey-b4act must be attached. 2775".+ PAYME Page 2 of 2 CALIFORNIA ALL-PURPOSE AC"OWLEDGMENT State of California County of Riverside SS. On September 22, 2006 before me, Brenda L. Royster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley Name*l—of SignertT— - Li A L. ROYSTER Coninnission # 1381765 k Z , ° Notary Public - California_ Orange CoUMy MY Comm, Expires O12(i 2006 OPTIONAL X personally known to me to be the person(#Ywhose name / issubscribed to the within ins rument and acknowledged to me that heAMiethey executed the same in his/tpr/t#airauthorized capacityand that by his/k►tr signature n the instrument the personkdpj^ or, the entity upon behalf of which the person( acted, executed the instrument. WI ESS my hand nd officia eal, Signature of Notary Public 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 reattachment of this form to another document Description of Attached Document Title or Type of Document: Payment Bond Document Date: September 19, 2006 Signer* Other Than Named Above: Owen M. Brown Signer's Name: Individual XCorporate Officer Title(Kyice President _Partner- Limited _General —Attorney-in-Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Number of Pages: 4 Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On 9-19-06 Date before me, BARBS J . BENDER Name and Title of Of oer (e.g.. Jane Due. Notary Putfti personalty appeared OWEN M. BROWN jkpersonally knownto me l�,f '�' lid+�:t�.�`ii�'o 1,.7; i�•f, (-t!�}:E,Ft•, f?:ti'. $.•t>> �r. Commission # 1494946 -s Notary Public - California Orange County My Comm. Expires Jug 13, 2008 to be the person(* whose name(* isAft subscribed to the within instrument and acknowledged to me that heAVORNIp executed the same in his/I900, authorized capacity(*, and that by hisAW60iiiir signatur (rj on the instrument the person(, or th7d, t7eecuted upon behalf of which the person(o acthe instrument. /1 Z OPTIONAL Though the information below is not required by law, 9 may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND NO. 088 53 243 Document Date: 9-19-06 Number of Pages: TWO (2 ) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer Signer's Name: OWEN M . BROWN © Individual Top of thumb ttere • Corporate Officer — Title(s): 0 Partner — 0 limited 0 General :�j Attomey-in-Fact © Trustee 0 Guardian or Conservator 11 Other. Signer is Representing: FInAT.TTY AAm nRPOSTT CCiMPANy- OF MARYLAND 01999 National Notary Association - 93M De Soto Ave.. P.O. Box 2402 - OMWAvM, CA 91313-NM - wwanafionalloteryorg Prod. No. 5907 Reorder. Cali Tolifree 1-800476-W7 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e dds by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and 1 t or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al takings, and the execution of such bonds or undertakings in pursuan o , s on said Company, as fully and amply, to all intents and purposes, as if th xec cii{ 6 ged by the regularly elected officers of the Company at its office in Ba ' ray eir r This power of attorney revokes that issued on behalf of Owen M. B9 at ru y The said Assistant's Section 2, of the By - IN WITNESS WIU affixed the Corporate December, A.D. 2004. ATTEST: 'eo OEPOs_i _ o c W tl , It90 ? � "4sea Lgf&df�rlhat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. .;TOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary I ✓ 1 By: William J• Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. rrr�ii %%1 .......... off lilt ta````4 Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA-F 012-4160 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, Us 19th da of September 2006 Y Assistant Secretary e RECEIVED BY: (Name) (Date) • TO: FROM: DATE: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Freidenrich, City Treasurer SUBJECT: Bond Acceptance I have received the bonds for Al —Ave 2,[(�J (Company Name Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. �AYII'AJ ) JF 0 -a V3- Re: Tract No. CC No MSC No. Approved 9 )� /Lo ti (Coup l Approval Dale) Agenda Item No. City Clerk Vault No. #27 gJfollowup/bondletter.doc 0 0 CITY OF HUNTINGTON BEACH GARFIELD AVENUE IMPROVEMENTS CASH CONTRACT No. 1242 BID OPENING DATE: AUGUST 1, 2006 TIME: 2:00 PM ENGINEER'S ESTIMATE: $150,865 BID LIST Np BI DER' N�- .' RA1�T�: ...................... TOTAL SII� AM��IN .... .......... 1 All American Asphalt' 2 EBS Inc. ' q, 7.AQ 3 Excel Paving Company —j . `-7S-4 Hardy & Harper 5 Nobest Inc. &20 c�/-. C70 6 Noetiecorp 7 Pavement Recycling Systems - 8 R. J. Noble Companyi 9 Savala Construction 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Bid List CC-1242 - FIEI " 2005 AUG - I P P1 1= 41 • 0 • ;, "Iff CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2006 Nobest, Inc. P. O. Box 874 Westminster, CA 92874-0874 RE: CC-1242 — Garfield Avenue Improvements at the Fountain Valley Channel Enclosed please find your original bid bond for CC-1242. Sincerely, JF:pe enclosure (Telephone: 714-536-5227 ) cF 06 AUG - I eau F FE .1 _ 2606 AUG 6 I F 21 42 A CH 9 0 0 SECTION C PROPOSAL for the construction of GARFIELD AVENUE IMPROVEMENTS, CC-1242 AT FOUNTAIN VALLEY (D05) CHANNEL in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Plans and Specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 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. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the C-1 0 • proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find Rio AWO in the amount of $ t which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 *PROJECT BID SCHEDULE Garfield Avenue Improvements, CC-1242 Item:: ho: Estimmtbd :::::::::::::: Quanti<ty. ::Itern:witli: unit;:price::::::::::::... . ... . .....::::::::::::: Exter;ded:: : 0 un 1 1 LS Mobilization �/� @ Dollars $ `jF $ S". -o Cents Per LS 2 1 LS Traffic Control Plan @ Dollars $ ®QO. � $ ,� mod• � • �zp Cents Per LS 3 1 LS Furnish Project Traffic Control @ I— , —/ Dollars R $ /fir 000. � $ . p Cents Per LS 4 24570 SF Surface Grind (Depth: 0.17' & 0.38', [Includes Excavation and Disposal]) @GNU Dollars $ (r�CJ $ c/C�2e Cents Per SF 5 70 CY Import Soil @ Dollars $ ('0- $ L �2r> Cents Per CY 6 61 TN Import Aggregate Base @ �t�-2 11�V14�J Dollars $ 400- $ `Z C_ f'7_ 'I Cents Per TN 7 374 TN Construct ARHM (Wet Process, 0.17' Overlay) @ 7Dollars $ 1.0- ` ' 4 Cents Per TN 8 537 TN Contruct Asphalt Concrete Base Course (Min. Depth: 0.21') @ %,jo Dollars c $ �( ®�/• l Cents Per TN 9 1 EA Remove and Reconstruct Catch Basin & Cover Per FIB Standard Plan 301, 303, & 309 4t @-t4!�kr� i TO&asc—il Dollars $ Cents Per EA -Ice 10 373 LF Remove and Reconstruct Curb and Gutter Per FIB Standard Plan 202 @ t--i Dollars (CF=8") $0. A®� $r °5 a Cents Per LF C-2.1 *PROJECT BID SCHEDULE Garfield Avenue Improvements, CC-1242 Iterri:: Estirriated::..:.. .....Ifi..... ith:unEt:price:::::'::.:..:.::.:.:.:::::::'::::::::::::Extended>:: ..................................................................................... y :... .......wxitteri: ri v►t��rds:::: >: :::::: ::::. ........ ..................................... f. Puce:.. .... Gt:: 11 2037 Remove and Reconstruct Sidewalk Per FIB Standard Plan 207 SF @ S�k Dollars plr,6 Cents _7.C- Per SF 12 148 LF Remove and Construct Sidewalk with Monolithic -Key Per Detail A (Sheet 1 of 2) Dollars $ ` e/ $ Z-e, rZQ Cents Per LF 13 180 SF Remove and Reconstruct Curb Inlet Local Depression (In -Kind) @ Tcc Dollars $ Z0. _L_e- d Cents Per SF 14 534 Remove and @ Reconstruct/Residential Drive Approach Per HB Standard � Dollars lam/ t". Plan 209 $ q, CIO $ it�!�. �.� Cents Per SF 15 1 EA Construct Residential Lot Drain Per FIB Standard Plan 204 @ (��( � Dollars $ — 0. $ Cents Per EA 16 1 EA Remove Tree and Grind _ @ wp Gc-� Dollars [b 7 $ 2 0°7 a? $ Z eoo< Cents Per EA 17 1 LS Provide Construction Survey / @ p .,-s / Dollars $ _, OQo• m $ _ do 9OK-6 Cents Per LS 18 3 EA Adjust Sewer Manhole to Grade @K f-fucadG-�;y� �i /';VAC Dollars $ �J?�• $ ��� . p Cents Per EA 19 3 EA Adjust Water Valve and Box to Grade @ Dollars Gts $ VV. $ I Z-00' Cents Per EA 20 1 EA to� Grade f Adjust Fire Hydrant Assembly to @-eFv� [f'yvt�Dollars $ 7 Jr/ 00, ® $ Cents Per EA C-2.2 APROJECT BID SCHEDULE i Garfield Avenue •w improvements, CC- i2_ i�o: ........ ... Qt�antlty ;:::::::::: written in:wo�ds ; ..... ;.:. ::::::::'> :t . e Unx . Pr�c.... 0 Am..unt . 21 1 LS Traffic Striping (In K 11 ind) @ 7 7re.0 r�rJdSu.�.�Dollars $ $ 13100. Cents Per LS 22 3 EA Survey Monumentation / @ Dollars $ ��� O $ Cents Per EA 23 @ Dollars $ $ Cents Per 24 @ Dollars $ $ Cents Per 25 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ Z ZS' 66 . Total Amount Bid in Words_ �wo��t�i 7�.•�c�fz,►••� 7'�.� _-__ ---------------------------------------- - - C 42 C-2.3 0 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 of Work Name and Address of Subcontractor State License Number Class 441 IS &t`e5_& 7 �A' La 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 0 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange L0,0, being first duly sworn, deposes and says that he or she is of ,/� �G = . j_ QO- , the party making the foregoing bid that the, bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature er Address of Bidder el Ztl* q Subscribed and sworn to before me this /ST day of AU6OCT , 20041 NOTARY PUBLIC G4 E 0 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 IMPROVEMENTS, (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. Date: -T Contractor Gur y Title c-5 r� u DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes Y(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 with such provisions before commencing the performance of the work of this contract. Date: % 4t)6U57'-` ZQOJJ 1771 Contractor GLLit Title 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 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: �� mac. Contractor Title Date: AU6 ()-'�—f 2 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 f om the AGENCY upon request. 9 • BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, 7/V > 9,F2 Pss93 Telephone Number State Contractor's License No. and Class 79 Original Date Issued Expiration Date 7&9 1/ State Zip The work site was inspected by MI t-fz' (-45015 of our office on �/2� , 200 4. The following are persons, firms, and corporations having a principal interest in this proposal: G9 l ! • 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. Company Name KAYLANDERSON CAA.01579663 A Subscribed and sworn to before me this % STday of A` U 6 O Si , 200G v Wr .� � ,-, Yrcam►0pb.an.t�,�ODa NOTARY PUBLIC dlr NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 5'L A/�-73 IF] 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Naive and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 In n. 0 i NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone:. (714) 765-6935 2. COUNTY OF LOS ANGELES DEPT. OF PUBLIC WORKS Project: Curb Ramp Replacement Contact: Ray Green Phone: (626) 458-3122 3. CITY OF HUNTINGTON PARK Project: Street Resurfacing Contact: Pat Fu Phone: (323) 582-6161 Ext. # 253 4. CITY OF MANI HATTAN BEACH Project: Pavement Rehab. Contact: Mike Guerrero Phone: (310) 802-5355 5. CITY OF GARDEN GROVE Project: Concrete Replacement Contact: Joe Gomez Phone: (714) 741-5385 $1,052,000.00 S 342,500.00 S 400,000.00 S 647,700.00 $ 222,000.00 Bond No. Bid Bond The American institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Nobest Incorporated as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety; hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars (S 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Garfield Avenue Improvements at the Fountain Valley Channel (CC1242) 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 famished 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 fall force and effect. Signed and sealed this 20th day of July , 2006 Witness Witness ORSC 21328 (5/97) Nobest Incorporated (Sea) By. PROS/ Name/'ride Contractors Bonding and Insurance Company Surety (Seal) By: DouglI Rapp Attorney -in -Fact 0 • ACKNOWLEDGMENT State of : California County of Orange On / AU&asT O(v , befpre me Kay E. Andersou/Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared Larry Nodland Name(s) of Signer (s) KAY E. ANDERSON F" comm. #1579083 O U WTAMPUBUCORANW COMM CM�ORNIA Place Notary Seal Above [�] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the personf whose name(4 is*6 subscribed to the within instrument and acknowledged to me that he/$W/ t�. executed the same in his /t i'r authorized capacity(, and that by his/W/fir signature�4 on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal of CALIFORNIA ALL - PAPOSE ACKNOWLEDGMENO State of California County of Orange Ony 20, 2006 before me, A.P. Coats, Notary Public NAME, TITLE OF OFFICER personally appeared Douglas A. Rapp NAME OF SIGN"4s) ® Personally known to me - or - El WA7 .. 49 14sR a Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS d and o cial seal. (SIGNATURE UP -NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVWUAL/OWNER ❑ CORPORATE OFFICER Tn'LE(S) ❑ PARTNER(S) ❑ LmrmD ❑ GENERAL ❑ ATTORNEY -IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT Ak- e ao�6e0a �,o ao peke �o °e00eee ateri is valid only if the band is executed on or before the date indicated above. KNOW ALL MEN BY THESE PRESENTS; that the Company does hereby make, constitute and ;appoint th+e following: DOUGLAS X.:::.RAPP and LINDA D. CO S its true and lawful Attorney (s)-in-Fact, with full power and authority hereby conferred in its,:`name,; place and stead, to execute, acknowledge and deliver'on behalf of the Company:;(1) any and all bands and undertakings of suretyship given for any "tt purpose, 'provided, :however, that no such, person shall be authorized to execute ,\\' and.:deliver any bond or unde.rtaking;that shall, obligate the Company for any portion of thepenal sumthereof, in excess of $i0,00,000', and provided,] ..further,::lthat no Attorney. in -Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any I.bond or, undertaking would be required:tvith penal 'sum in excess of $10,900,000; and (2)' f; \ consents; releases and other similar document_s`requ.red by an obligee under:: contract bonded by the Company. This appointment is made under the authority of the Board of Directors of the .Company.-------------`----- -------------------- ;, ------------------------------------------------------------------------- - - ------------------ ,• .•.. ---r ---- -- : ---- ---- --- ---- ---- -- ---- --- --- ---- — -- — --- 1',11 .' ---- ---..--------------------------- --� -.--� --- ..—� --- ----------------------------------------- CERTIFICATE I, the undersigned secretary of Contractors Bonding and'Insurance Company, a Washington corporation,DO HEREBY CERTIFY that this Power of Attorney; remains in full force andi effect and has not been revoked, and, futhermore; that the resolutions of the Board of Directors:set forth on. e reverse are now in full force and effect: Bond Number Bid Band .; z ,Signed and sealed this 20thi day of �'y , 2006' .'i R Kirk Eland, Secretary CBIC • 1213 Valley Street • P.O. Box 9271 • Seattle WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (Toll Free) • (800) 950-1558; (FAX)' POaLPOA.07 US051104 \; ' %I, • ;, l CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2006 PALP Inc., dba Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90806-0874 RE: CC-1242 — Garfield Avenue Improvements at the Fountain Valley Channel Enclosed please find your original bid bond for CC-1242. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure (Telephone: 714-536-5227 ) p 'ALP, M. DBA EXCEL PAVING COMPANY 2296LSMON AVENUE 9 2906 AUG - I PI i 1: 53 0 Jul 14 06 09:57a Public Works 714 374 1573 p.2 SECTION- C PROPOSAL for the construction of GA1?X1LL.D AVENUE IMPROVEMENTS, CC-1242 AT FOUN'Jt ALN VALLEY (DOS) CHANNEL in the: CITY OF HUNTINGTON BEACH TO THE, HONORABLE, MAYOR AND M>h'.MBERS OF 1711E COUNCIL OF I11UNT1NGTO.N BEACH: 7r► compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and Ligrccs to perform all the work Lhercin described, and to furnish all labor, material, equipment and incident insurance: necessary therc.ror, 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 wort: therein to the: satisfaction of and under the supervision of the City l3nginecr of the City of Huntington Beach, and to enter into a contract at the following prices. The uridersigncd agrees to complete the work within 30 working days, starting, from the dame of the. Notice to Procced, BIDDER declares that this proposal] is based upon careful examination of the work site, flans, Specifications, Instructions to 13iddors and all other contract. documents, If this proposal is accepted for award, BID DE:R agrees to enter into a contract with AGENCY at the unit and/or lump surn pri.ccs set forth in the fallowing Biel Schedule. BIDDER understands that failure to enter into a contract in the manlier and Lime prescribed will result in forFeiturc to A613-NCY of the guaranty accompanying this proposal. 11TDnrR understands that a bid is required for tlhc unt.irc work, that the estimated cluarntitics set forth in Lhc laid Scbedulc are solely for the purpose of compau-ing, bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. '1'1-If. AGENCY RESERVES THE .RIGHT TO DELI I'B ANY ITEM FROM THE CONTRACT. TRACT. 1t is agreed that the unit and/or Iunip sum prices bid include all appurtcnam expense~, taxeS, royalties, fees, etc., and will be guaranteed for a Period of sixty days from the bid opening date. ll' at such time the contract is not awarded, the t1(31:;NCY will reject all bids and will readverl.ise the: project. In the: case oi' discrepancies in the amounts bid; unit prices shall govern over extended amounts. and words shall govern over figures. If awarded the Contrarct, the undersigned agrees that in the event of the BIDDER'S defitult in executing the required contract and filing the necessary bonds and insurance certificates within ] 0 worl:ine, clays alto the date of the AGENCY's notice ofaward of contract to the 13K)DER, the C-1 Jul 14 06 09:57a Public Works 714 374 1573 P.3 WROJECT BID SCHEDULE * Garfield Aven 6e Improvements, CC-1242 777, ��:J::::::ExNfided:. .... .. .... . ..... ....... ... ...... ........... ...... I Mohilization ILM MAO— Ik yu Dollars s Cents Per I.S 2 1 Trafflic Control Plan LS _ Cents Per T-S 3 l Furnish Pro.icciTi-riffic Control LS (o ru Y\.t-. . $ ctoan.— Per LS 4 24570 Sm-Face Grind (Depth; 0. IT& 0.319', [Includes Fxuav�itioil and Disposal'j) SD SF $ T'n -Cents Per SF 5 70 Import Soil CY 6CAre4.'N4 I S C005-1. Cont's Per CY v 6 61 TN Import Aggregatc BkNu Dollars IS 2S' $ %4140b Cents Per TN 7 3374 ('olj"jqtv,( ARHM (Wet Prucess, 0. 17'Overlay) lv� LA1O)e)l. T'N %jaar(A +WAAJP— Dollars S fb�, r,,,ftW —cents Per TN 8 537 CmArucl Asphalt COnerow. Base Course (Min. Depth: 0,2 1') Per IN 9 1 RQ1noveand Reconstruct Catch Basin & Cover Per MR Standard Plan 301, 303, LK, 309 EA (ill <aj '[1 1., tAV Diffla, S jo CO- Socof CtmU Pvr FA 10 373 Remove and Recom;irm.-t Corhand Outwr Per I in Swijdw'd Pian ZZU2 (C'F=8") LF . .... .. Dollars $ Collis Per LF 0- PROJECT BID SCHEDULE` Garfield Improvements. C :1teiii::*. . ..... ::I::::Quan.,ty stirri-Ate ................... :: ;>:: >:::'::::: teiii:rvrt '::uri�t:pr>Lce:,i::::::::: wrxttn.n.words.............................. ;:::::::::::: Unx : Prrc........kmount:: .:..:.:.... . 11 2037 SF Remove and Reconstruct Sidewalk Per HB Standard Plan 207 @ UA1 Dollars $ $ OD Cents Per SF 12 148 LF Remove and Construct Sidewalk with Monolithic -Key Per Detail A (Sheet 1 of 2) @ OAL Htwww f6Ltr Dollars 00 Cents Per LF L'q2 13 180 SF Remove and Reconstruct Curb Inlet Local Depression (In -Kind) @ ��l2t�tn — Dollars $ gho - �a Cents Per SF 14 534 SF Remove and Reconstruct Residential Drive Approach Per HB Standard @ IvYI — Dollars Plan 209 Cents Per SF 15 1 Construct Residential Lot Drain Per HB Standard Plan 204��EA:> @�2.4V�n Wy_1WO o"Doll, $ t �.S•— $ Z , . CO Cents Per EA 16 1 EA Remove Tree and Grind Nv�.t*O & @eM JrL h AULU Dollars $ 2400— $ 2AW Cents Per EA 17 1 LS str"uction Survey Provide Construction @ :(I IWTVS#OA T-V- Ar40 Dollars $ tp Cents Per LS 18 3 EA AdjustSewerManhole to Grade @ N1-1k2. "e.A OcKtA zk- Dollars $ q 2_01-1 $ 2151. l � 6A.Pr- Cents Per EA 19 3 EA Adjust Water Valve and Box to Grade @ �iYl� �/�✓` 'Nt q _Dollars$- j'1� t � Cents Per EA 20 1 EA Adjust Fire Hydrant Assembly to Grade @ gV btu Dollars $ = $ 00 Cents Per EA C-2.2 Jul 14 06 09:57a Public Works 714 3 4 1573 p.4 *PROJECT BJ D SCH EU•U L,z.L, Carfleld Avenue Improvements, CC-1242 kecil: �- 1itlmntC —_ .._ ':.:LtCRl.wit.h:;UntF [anC@ :•:• •:•::• •>::; :•:•:::•::::::. .... '::::: •: •::: ..::: .x Q; I;in"dC.Y.:: ;..;. ,. •:::.: ::::::: ::.: : Wa>i1`CcA iii d.'' ::: :.::•:•::::::::::::':': Lln1t: t. ric.c......•.•r�xncruKlt i 21 1 i'r:ltlicStrit)ing(InKind) qLIOl)� � C:enl.s Per LS 22 3 Survcy Monument:dicin EA (ii) I)1/1p '�/ to .._. �/�. � •.__nollµrs $ S _ ___Cents Per EA 23 011 ....Dollars 24 --Dollars .._.. $ _...... . t:dn1S 2i _ Cents Total Amount laid in Figures: $ Total Amount Bid in `Words: C-2,3 Jul 14 06 09:57a Public Works 0 714 374 1573 P.5 I s,r OF SU13CONTRAC'T'ORS In accordance. with G- overnment Code Section 4104, the Bidd(;r shall set forth the name unit business address o['each subcontractor who will perform wort: or render servicu to the bidder on said contract ill an amount in cxccss of one-half of one percent of the total hid and the portion of the work to be done by such titrhamtractor. Portion of N"ork Name and Adelress of Subcontractor State Li.eense Number Class _ U� 01� 1-6LiwD Uuk �F-- GK L� _ 14 �l dl P�c� i t 21 �'Lt'vtvsr� (+ U9 U3rw�.te Cl,` G>r�F,vr�I'�. to Au:�k C4�s� liy submission of Uiis proposal, the Bidder- curtifies; 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listin61. ?. ThaL the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this pro_jcct. C-3 Jul 14 06 09:57a Public Works 714 3 1573 p.6 NONCO.LLUSION A.F.FIDAViT TO BE EXECUTED BY BID®C',R AND SUBMITTED TTE.D WITH Ball Strtc of California ss. County ol'Omnge. C.P. BROWN being tit'rsVduly sworn, deposes aiid says that he or she is _ PRESIDENT of E 7('CEL PAVING COMPANY _ the jrirty malting, the Coregoing bid thtll the hill is not made in the interest of'. or on the behalf of, any undiscloscd flei:tian, partnCrshih, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder Kati not directly or indirectly induced or solicited any od-icr 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 shah, bid, or that anyone. shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sou};ht by aign:ertloiA, 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 brcakdown therco f'or the contents thereof; or divulged information or data rClativC th.erctoi, or paid, and will not ray rce to any corporation, partnership, company association, organization, hid depository, or to any iiiember ur agent thcreaC to effectuate a collusive or sham bid. �< MCC. Mitt OAVING (;OMPAMY Namc of Bidder �C 1 C.P. BROWN Signature: of 13idder SIDENT 2230 LEMON AVENUE LONG BEACH, CA 90806 Address of Bidder 'AUG _ 2006 Sub , it ed and sworn to befonr , me this ^ day oif, , 200 _ NOTARY 1'UJ31..1C SEEA`(TACHED C-4 NO.1'A..RY SEAL 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles on AU - 1 2006 Dale before me, C. Phillips, Notary Public Name and Title of Officer (e.g., 'Jane Doe. Notary Public") personally appeared PALP DBA Excel 'Paving Co B-y C P Brown President , Neme(e) of Slgner(e( C. PHILLIPS Commission. # 1492824 Notary Public - California u. Los Angeles County PS Comm. Explrm M 31, 270@ 91 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE d d official seal. Place Notary Seal Above Signet of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 7"7 ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Natlonal Notary Association - 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-076-6827 Jul 14 06 09:58a Public Works 714 374 1573 p.7 Gcnflemen: UTILITY AGREEMENT HONORABLE MAYOR AND crrY COUNCIL CITY OF II.UNTINGTON BEACI.I, CALI FORNIA The tin dersigned hereby promises and agrees that in the per..Formancc ofthe work specified in the contract, known is the IMPROVEMENTS, (1)(we)(it) will employ and utilize. only qualified persons, as hcreinaf er defined, to work in proximity to any electrical secondary or transmission facilities. The; term " Quali-.15cd Person" is defined. in Title 8. Calllnl'nia Adminititrativc Code, Seclic>n ?7UC1, as follows: "Qualified Person: d person who, by reocon of experience or instruction, isitniliar wilh.lhe operalion to be, peifiwnwd and the ha ardv involved " The; undersigned also promised and taL;rt:cs that all such work shall be pQrformcd in accordance with all applicable cluctrieal utility company's requirements, Public Utility Co.znmission orders. Znd State of California Cal -OSHA requirements. The undcrsig,ncd 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 subc0D07UcLors with the requirements comained 1lercin. Dale: AUG -_1. C-.5 PIs1.P IWC-. DBA ,XCEI. Pii�llhlG C MPANY Contractor By TiLlc Jul 14 06 09:58a Public Works 714 374 1573 p.8 DISQUALIFICATION QUESTIONNAIRE In acc:urdiulec with Govemniont Code Section 14 y 10.5, the Bidder shall complete, under penalty (.)Fpeajtiry, the. Following eIuastionnaire. QUESTIONNAIRE Has the Bidder, any OfflCer cal' 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 eornpluting a F Qderal, State or local government project because; cif' a violation of: law or a sul'Lty reuulution? Yes Q'No I1'thc answer is yes, explain the eireumstances in the space providud. :Vote: This questionnaire constitutes a part of the Proposal. and a si6muuro portion of the: Proposal shall constitute signature of this questionnaire. c-G Jul 14 06 09:58a Public Works 714 374 1573 p.9 COMPENSATION [NSURANCE CERTIFICATE Pursuant to Suction 1861 of the; State Labor Code:, each Contractor to whom a public works eontruct has bt.en awarded shall sign the following. certificate. I am aware of the provisions of- Section 3700 of the Labor Code which require every cinployer• to be 'insured against liability f«r worker's compensation or to undertake; self- insurance in accordance with the provisions of that code, and I will comply with such provision~ before commenciDg the pe:rforrl wicc of the work of Chi,; contract. Date:: AUG - 2006 C-7 EXCEL pAVI C, COMPANY Contractor By F.� ia'Jrhtat Jul 14 06 09:58a Public Works 0 714 374 1573 • P.10 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be Permitted until this forni is completed and I-Oturned to the AGl :NCY- Section 4216/4217 of the Government, Code: rCdui.rCS a Din Alert ldentilication Number be issued before a Permit to Excavate will be vt.jlid. To obtain a Dig Alert Mcntil5cation Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working; days before scheduled excavation. Dig Atert Irlenlijicatinn Number: _ Contractor By Title; Date: Mute: This form is reyzdreel firr emr:y Dig .Alert Metalification .Number issued h)% i'i.S.4. during the course of the Work. Aciclitiurtcrl , fi?rms mrxy he ohmined frnrrr the ,4G NC Y irp017 request. C-8 Jul 14 06 09:58a Public Works 714 374 1573 p.11 BIDD'H,R'S INFORMATION BIDDER certifies that the following information is true, and con-cct: 96A EXGEL PAYING COMPANY Bidder Name 2230 LEMON AVENUE LONG REACH, CA 909,96 13usiness Address city, (562)599=5641 Telephone Number STATE UC. 666659 "A' Slate Contractor's License No. and Chess F VMA Original Date Ttisued State Zip 5V nVj00 _ ls.cpirauon Date The work site was inspe;ctod by AIL of our ofliec on 2oO_. The 1'01lowiny, Lire persons, firms, vnd corporation~ having a principal interest in this proposal: PERATING OFFICER CAROLYN J. BROWN, SECRETARY & CHIEF FINANCIAL OFFICER GEORGE R. MC;RAE, SENIOR VICE PRESIDENT BRUCE E. RATIF, VICE PRESIDENT RETARY C-9 Jul 14 06 09:58a Public Works 714 374 1573 p.12 "1'he undersigned is prepared to sadsly the: Council of tlic City of'1-luntington Beach of its ability, financially or otherwise, to perforin the contract for tiie proposed work and improvements in accordance with the flans and Specifications set forth. I ALP. INC. DBA EXCEL PAVING COMPANY Company Name Signature of Bidder C,R, BROWN, PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this _ day of AUG — i 2o%00� N0'1A11Y P IBL1C aEEATTACHED NOTA-KY SF:AI. Listed Below are the: names, address and telephone numbers for tfircc public agencies for which the bidder has perforined similar work within the past two years: 1. aEE ATE HED Name and Address ol'Public Agency Name and Tclephirrio No. of )"i-oject Mxiagcr:—.-- 7 Contract Arnowit Type of Work Name. and Address of Public Agency Mane and Telephone No. oI'Projcct Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Mtmagcr: C'011traCL Amount Type of Work C-10 Date Completed Datc Completed Date Complctcd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I SS. County of Los Angeles On AUG _ 1 2006 before me, C. Phillips, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared PALP DBA Excel 'Paving Co By C P Brown President Name(s) of Signer(s) C. FNILLIPS Comrrlisslon. # 149282d Notary public • California � Los Angeles Coun,ty _?y Comm Place Notary Seal Above Kl personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted; executed the instrument. WITNES y ha d d fficia[ seal. !:� Signature of G ary Public 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 reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — D Limited D General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association - 9360 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.natlonalnotery.org Prod. No. 5907 Reorder; Call Toll -Free 1-800-676-6827 I� U Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310 (February,1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company. as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter calked the Surety, are held and firudy bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars ($10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Garfield Avenue Improvements (CC 1242) 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 faithfid performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bands, 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 fill force and effect. Signed and sealed this 18th Witness Witness ORSC 21328 (5/97) day of July , 2006 PALP Inc. dba Excel Paving Company Pnncrpal V.I. P. By:^ T� .A� PRESIDENT Namelritle Federal Insurance Company Barely (Seal) By: (A"� 6� Douglas d Rapp Attorney -in -Fact 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of . Los Angeles ss. On AUG — 1 2_, before me, C. Phillips, Notary Public Date Name and Title of Officer (e.g., -Jane Doe, Notary Public") personally appeared PALP DBA Excel -Paying Co By C P Brown President Names) of Signer(s) C. PHILLIPS Commission. 4 1492824 ' Notary Public - California E Los Angeles County `� M Comm. Ex urt ita 31, 2008 Place Notary Seal Above 91 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS a noficiall seal. Signature of T Public 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 reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): I Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top . 01999 National Notary Association - 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • ww .nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-600-676-6627 EXCEL PAVE4G QOMPANY A GENERAL ENGIIWERING CONTRACTOR STATE LICENSE NO. 688659A P.O. Box 16406 LONG BEACH, CA 90806-5196 (562) 599-5841 FAX (562) 591-7485 C. P. Brown, President: 30+ years experience working for other general contractors with the past 24 years being self employed in own general engineering contracting business. 0 INCUMBENCY AND SIGNATURE CERTIFICATE OF PALP, INC. The undersigned, Carolyn J. Brown, being the duly elected and Incumbent Secretary of PALP, Inc. dba Excel Paving Company, a California corporation (the "Corporation"), hereby certifies that the persons named below are, on and as of the date hereof, the duly qualified, elected and acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorized to sign, in the name of and on behalf of the Corporation. Curtis P. Brown President and Chief Operating Officer Carolyn J. Brown Secretary and Chief Financial Officer George R. McRae Senior Vice President Curtis P. Brown III Vice President Bruce E. Flatt Vice President & Assistant Secretary Michele E. Drakullch Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: November 5, 2001 i� t AROLYN . B , ecretary [EXCEL PAVIN�OMPANY P.O. BOX 16405 A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806-5195 STATE LICENSE NO. 688659A (562) 599-5841 FAX (562) 591-7485 CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue P.O. Box 16405 Long Beach, CA 90806 Telephone:562-599-5841 Fax: 562-599-3679 Type of Business: General Engineering Contractors Contractors License # 688659A Fed I.D.# 95-3672914 Excel Paving Company is a Corporation Owner. Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 In business since October 1981 Same location since October 1981 Property owned by Brown & Mills Financial rating with Dun & Bradstreet: Rating 3A2, SIC # 1611 US Bank, 2633 Cherry Ave., Signal Hill, CA 90806 Account Representative: Liz Acres or Celine Gonzalez Telephone: 562-490-2068 or 562-490-2079 Checking Account #1534-9195 8689 TRADE REFERENCES: Company Phone Fax Contact Vulcan Materials 323-258-2777 323-254-6102 Silvia Arredondo R.E.H. Trucking 909-591-0871 909-591-0506 Gina Mendiola Blue Diamond Materials 714-578-9507 714-449-2831 Jerry Easterwood Savala Equipment 800-223-2473 949-552-8597 Mona Covington SPECIAL BILLING REQUIREMENTS: Show job number on invoices to expedite payment. I certify that the above information is true and correct, and that we can and will comply with your terms. r� xlw'� C.P. Brown President Date • Reference List • City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Gillis Munroe, Chief Construction Inspector (562) 570-5161 • Burbank -Glendale -Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840-9456 (818) 840-8840 • Los Angeles County Public Works 900 South Fremont Avenue Alhambra CA 91803 Gary Hartley, Construction Division (626) 458-3100 • Bonding Agent: Rapp Surety Services 23461 South Pointe Drive Suite 345 Laguna Hills CA 92653 Office: (949) 457-1060 Fax: (949) 457-1070 Contact: Douglas A. Rapp Surety: Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23nd Floor Los Angeles CA 90017 P.O. Box 30127 Los Angeles CA 90030-0127 Insurance Carrier: The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact: William Wooditch Office: (949) 553-9800 Fax: (949) 553-0670 .0 • Excel Paving Company Work Experience 03/23/06 JOB Open and Closed Jobs 2005 INCOME WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 3704 TAXIWAY D L.B. AIRPORT 3,701,021 100% 3716 710 FWY PCH TO 405 21,510,942 100% 3723 INDIANA & WASHINGTON, VERNON 290,077 100% 3833 GRAND CANAL CRT LOS ANGELES 687,859 100% 3834 GATES 3 & 4 L.B. AIRPORT 434,826 100% 3835 SECURITY GATES L.B. AIRPORT 350,251 100% 3843 LAUREL CYN BLVD. LOS ANGELES 728,540 100% 3865 2627 HOLLYWOOD, BURB/GLEN/AIRP 334,303 100% 3875 ORANGE AVE., LONG BEACH 1,095,002 100% 3876 PARTHENIA, LA 1,155,655 100% 3906 ROUND MEADOW RD HIDDEN HILLS 487,892 100% 3915 OVERLAND ES LOS ANGELES 415,238 100% 3922 BELLAGIO & NEWCOMER CENT LA 1,381,979 100% 3931 PCH & ADMIRALTY,. SUNSET BEACH 161,473 100% 3947 TUSTIN AVE. BRIDGE WIDEN ANAHEIM 4,145,076 100% 3950 PV. DR/SCHOONER, RANCHO PALOS VE 27,036 100% 3952 DOWNEY HOSP., DOWNEY 12,284 100% 3953 PLAYA DEL REY ES, LAUSD 477,834 100% 3959 SANTA MONICA BLVD., LOS ANGELES 40,233,937 85% 5,855,668 3961 YACHT HARBOR, 191,758 100% 3978 WARDLOW/CLAR/BELLF, LONG BEACH 743,689 100% 3979 WARDLOW/PV/STUDEBAKER, LONG BEACH 852,557 100% 3989 PCH/ADMIRLTY 41,000 100% 3990 OCEAN BLVD LONG BEACH 1,217,246 100% 3995 ALICIA PKWY/PASEO DE ALICIA 239,506 100% 4004 GREEN VALLY CIRCLE CULVER CITY 1,173,790 100% 4005 CATALINA LANDIND LB 1,402,514 100% 4016 STEVENSON/JOHNSON 409,319 100% 4024 UCLA KINROSS 2,329,669 100% 4030 CAMINO LAS RAMBLAS 209,228 100% 4035 MAINT ST & MACARTHUR 464,167 100% 4042 TUDOR WESTWOOD PLAZA 752,000 10% 678,308 4042 -B GAYLEY AVE WESTWOOD 548,000 0% 548,000 4045 5 FRWY, OR. CO 180,290 100% 4050 CRENSHAW BLVD LACPW 1,361,571 100% 4057 PALO VERDE HSG 611,836 100% 4059 MARK TWAIN MS. LA 655,072 100% 4060 MT SAC ATH FLDS WALNUT 1,453,308 100%. 4061 PANKOW BLDRS M.B. 710,000 100% 4062 SANTA MONICA/MWD LA 7,700,000 91% 702,595 4064 WALGROVE E.S. L.A. 767,069 100% 4065 LA CITY COLL LA 312,888 100% 4067 DEL AMO BLVD LONG BEACH 393,469 100% 4069 MCCLAY MS PACOIMA . 304,235 100% 4070 VARIOUS LOC HUNTINGTON BEAC 179,486 100% 4075 7100SANTA MONICA L.A. 680,715 100% 4076 JESSE OWENS PK INGLEWOOD 562,447 100% 4077 CHAPMAN/ST COLL FULLERTON 135,411 100% 4083 HARBOR BLVD FULLERTON 251,000 100% 4084 SAND CANYON IRVINE 670,740 99% 8,674 Wlps H tM t 1.30.2005 - H 3.23.06 ! • Excel Paving Company 03/23/06 JOB NO. Open and Closed Jobs 2005 PROJECT/OWNER/AGENCY INCOME AMOUNT WORK COMPL. BACKLOG OF WORK 4087 03-04 ST, RESURF GLENDALE 586,256 100% 4088 ANNUAL RD RESURF DANA POINT 1,430,392 100% 4089 20263 WESTERN, TORRANCE 27,594 100% 4090 CORBY AVE. ARTESIA 133,833 100% 4091 DALEN ST. DOWNEY 68,029 100% 4093 SAN FERN VLY LA 1,422,724 100% 4098 BLEND E.S LA 273,966 100% 4099 03 ST IMPRV INGLEWOOD 593,520 100% 4102 DENA E.S. LA 177,306 100% 4103 HOWLAND CNL CRT LA 290,626 100% 4104 MOULTON PKWY CO OF ORANGE 478,612 100% 4105 HYPERION PLANT 131,174 100% 4106 PIER S BRTH S102-S110 LONG BEACH 4,073,253 100% 4108 HARBOR/CHAPMAN FULLERTON 144,026 100% 4109 VARIOUS STS REDONDO BEACH 761,751 100% 4110 PIONEER/CARSON HAWAIIAN GRDNS 64,285 100% 4111 1465 E. 3RD ST LOS ANGELES 9,500 100% 4112 BELMONT PIER LONG BEACH 479,512 100% 4113 NO LONG BEACH LONG BEACH 1,743,250 100% 4115 WASHINGTON BLVD CULVER CITY 741,069 100% 4117 VANUYS AIRPORT VAN NUYS 620,000 99% 3,514 4120 SOUTHGATE HS LOS ANGELES 681,858 100% 4123 ANAHEIM ST LONG BEACH 3,125,000 100% 4124 POLICE STATION GARDENA 26,781 100% 4126 UNIVERSITY AVE RIVERSIDE 2,067,233 100% 4127 UNION STATION LOS ANGELES 300,377 25% 225,294 4129 MT. SAC WALNUT 799,385 42% 461,796 4130 ALAMEDA CORR., L.B 409,621 100% 4133 SAN CANYON RD SANTA CLARITA 150,220 100% 4134 DURFEE/EXLINE EL MONTE 21,098 100% 4135 PIONEER HS WHITTTIER 622,998 100% 4137 AVE OF STARS LA 9,300 100% 4138 ROGERS/ANDRSON LAWNDALE 1,702,528 100% 4139 WDLAND HILLS WOODLAND HILLS 414,145 100% 4140 VAR -AREA A LONG BEACH 881,494 100% 4142 ROSECRANS LAWNDALE 233,216 100% 4143 CALLE MIRAMAR REDONDO BCH 537,000 100% 4144 CASE AVE LA 283,996 0% 283,996 4148 RINDGE LANE REDONDO BEACH 2O2,677 100% 4149 EAST 6TH ST RANCHO CUCA 148,723 100% 4151 SANTA ANITA MALL 603,892 100% 4152 FAURVUEW/WARNER SANTA ANA 693,814 100% 4153 MT SAC WALNUT 71,900 100% 4154 STS & ALLEYS W. HOLLYWOOD 132,906 100% 4156 STERRY E.S. LA 223,520 100% 4157 YL/PLACENTIA FULLERTON 137,338 100% 4158 ALAMEDA ST. LA 105,754 100% 4160 WARNER ES LA 985,000 100% 4161 ST OVERLAY SIMI VLY 690,000 98% 12,607 4164 KENNEDY HS ANAHEIM 948,000 40% 572,935 W IpS History 11-30.2005 - H 3.23.06 Excel Paving Company 03/23/06 JOB NO. Open and Closed Jobs 2005 PROJECT/OWNER/AGENCY INCOME AMOUNT WORK COMPL. BACKLOG OF WORK 4165 EL TORO RD LK FOREST 10,282,312 72% 2,842,444 . 4168 MARINA DEL REY LA 459,915 100% 4169 CEN PK WEST LA 50,550 92% 3,921 4170 ALLEY RIVERSIDE 34,559 100% 4171 W. VALLEY BL SAN GABRIEL 243,341 100% 4172 VARIOUS UCLA 292,827 100% 4173 BOWERMAN LANDFILL ORANGE CO 351,561 100% 4174 SHERMAN OAKS CNTR RESEDA 1,044,265 100% 4175 GLEDHILL ES NO HILLS 506,079 100% 4176 SILVER LAKE LOS ANGELES 1,286,630 92% 105,737 4177 COLD CANYON LOS ANGELES 481,211 100% 4178 VARIOUS STS PASADENA 968,033 100% 4179 PE BIKE TRAIL UPLAND 2,392,664 100% 4180 FIGUEROA ST CARSON 32,317 100% 4181 STATE ST ES LAUSD 334,787 98% 8,486 4182 UCLA CAMPUS LOS ANGELES 63,268 18% 51,842 4182 -B UCLA LOS ANGELES 56,732 4% 54,551 4183 CAHUENGA LOS ANGELES 15,973 29% 11,310 4184 MAGNOLIA BLVD. BURBANK 341,071 100% 4185 WHITTIER/PRESBY WHITTIER 7,400 100% 4186 GETTY TRUST LOS ANGELES 2,500 100% 4187 PELTASON DR. IRVINA 59,860 100% 4188 SATICOY ST WEST HILLS 196,488 100% 4189 AVE OF STARS CENT CITY 75,000 100% 4190 LINCOLN/FIJI MARINA DEL REY 34,403 100% 4191 HARVARD AVE. IRVINE 329,938 100% 4192 COMPTON/61ST LOS ANGELES 17,722 100% 4194 OTIS AVE BELL 63,517 100% 4195 NEW JOB. SAN CLEMENTE 10,966 100% 4196 MWD/SEARL HEMET 8,920,883 99% 61,693 4197 LYNOOD USD LYNWOOD 1,520,419 100% 4198 AGOURA BIKE AGOURA HILLS 1,032,236 100% 4199 BROADWAY LONG BEACH 6,744 100% 4200 COLTON SAN BERN 9,577 100% 4201 ROLLING GRN ORANGE 7,854 100% 4202 SUNSET & WESTERN LOS ANGELES 153,683 100% 4203 DOM STRM DRN REDONDO BCH 58,361 100% 4204 PUENTE HILLS LANDFILL PUENTE HILLS 77,988 100% 4205 DREW MID SCH LOS ANGELES 1,017,395 26% 751,294 4206 107TH ST ES LOS ANGELES 300,751 33% 200,233 4207 93RD ST ES LOS ANGELES 318,333 98% 5,757 4208 223RD ST LONG BEACH 2,200 100% 4209 PCH/CATALINA LONG BEACH 657,469 100% 4210 GLENDALE BLVD LOS ANGELES 40,700 100% 4211 VARIOUS LOC LONG BEACH 274,279 74% 71,908 4212 GLENDORA/HILL LA PUENTE 11,833 100% 4213 ALDAMA ST SCH 19,097 100% 4214 PCH/ZUMIREZ MALIBU 453,886 100% 4215 THE TOLEDO LONG BEACH 7,450 100% 4216 REEVES/NAVY PORT OF LB 268,611 100% Wips History 11.30.2005 • H 3.23.06 ! • Excel Paving Company 03/23/06 JOB N0, Open and Closed Jobs 2005 PROJECT/OWNER/AGENCY INCOME AMOUNT WORK COMPL. BACKLOG OF WORK 4217 KANAN RD/101 FRWY 13,589 100% 4218 ASHCROFT/ROBERTSON LOS ANGELES 52,900 100% 4219 LA PATA RD ORANGE CO 76,472 .100% 4220 SO CENTRAL HS LOS ANGELES 54,026 100% 4222 PKG LOT 6 MONROVIA 406,899 100% 4224 SUNSET BLVD. W. HOLLWOOD 146,250 73% 39,102 4225 E. 6TH ST. RANCHO CUCAMON 276,979 100% 4226 MONTANOSO DR. MISSION VIEJO 169,481 100%. 4227 SEWER REHAB REDONDO BCH 550,196 100% 4228 CALTECH PASADENA 106,012 100% 4229 BLDG 10 & 28 24,697 100% 4230 VARIOUS LOC LOS ANGELES 379,778 36% 242,692 4231 MARKET & DIARY LONG BEACH 28,405 100% 4232 VALENCIA MESA FULLERTON 600,000 28% 432,315 4233 VAN BUREN VLD. CO RIVERSIDE 2,230,453 19% 1,812,312 4234 TOPANGA CYN MALIBU 12,824 100% 4235 VICTORY BLVD. CANOGA PARK 687,374 100% 4236 THOMAS EDISON MS LAUSD 724,486 37% 457,393 4237 S/W AREA LAX 4,602,738 34% 3,056,372 4238 COMMONWEALTH SWR CULVER CITY 96,197 100% 4239 TOPANGA CYN MALIBU 4,574 100% 4240 LINCOLN BLVD. CALTRANS 10,250,000 21% 8,133,409 4241 BRACKETT ARFLD POMONA 373,977 100% 4242 CHANDLER/LANKERSHIM LOS ANGELES 4,867,897 38% 3,034,679 4243 ANDASOL ES NORTHRIDGE 131,000 100% 4244 OLYMPIC & CENTINELLA SANTA MONICA 66,428 100% 4245 LINNIE CANAL LOS ANGELES 332,672 51% 161,808 4246 SOUTH ST. ANAHEIM 492,995 100% 4247 7TH/710 FRWY LONG BEACH 605,250 74% 156,046 4248 MANHATTAN & AVIATION REDONDO BEACH 49,589 100% 4249 CAL TECH PKG PASADENA 39,406 100% 4250 2 FRWY GLENDALE 13,200 100% 4251 5M FRWY CALTRANS 188,210 100% 4252 W. PICO BLVD. LOS ANGELES 1,200,000 27% 877,653 4253 S.A. STADIUM SANTA ANA 392,789 99% 2,812 4254 PCH CALTRANS 1,192,958 95% 55,356 4255 ROMOLAND CALTRANS 200,540 100% 4256 GARDENA HS GARDENA 1,013,687 98% 25,645 4257 MIRAMONTE ES LOS ANGELES 663,664 67% 217,861 4258 N/E INTER SEWER LOS ANGELES 300,000 62% 113,018 4259 LOMA VISTA ES LOS ANGELES 275,000 97% 9,165 4260 WESTLAKE VILLAGE 840,000 36% 535,924 4261 MULHOLLAND DR. LOS ANGELES 17,598 73% 4,779 4262 HASCHEL DAY SCH NORTHRIDGE 13,700 100% 4263 BEVERLY VISTA ES BEVERLY HILLS 734,245 96% 31,804 4264 BELLA TERRA MALL HUNT. BCH 2,600,000 14% 2,234,654 4265 INDIANA/WASH BNSF 15,290 100% 4266 CENTINELA AVE. LOS ANGELES 2,588,928 1 % 2,574,529 4267 BAKER ST. COSTA MESA 3,888 100% 4268 RANCHO CUCAMONGA RANCHO CUCAMOI\ 234,424 99% 2,512 W IpS History 11-30.2005 - H 3-23-06 Excel Paving Company 03/23/06 JOB NO. Open and Closed Jobs 2005 PROJECT/OWNER/AGENCY INCOME AMOUNT WORK COMPL, BACKLOG OF WORK 4269 KINNELOA DEBRIS BASIN LOS ANGELES 239,176 99% 3,044 4270 4TH ST. SANTA ANA 2,600 100% 4271 GETTY CENTER DR. CENT. CITY 28,907 100% 4272 CHIQUITA BLDG PORTOF LB 6,548,737 13% 5,732,668 4273 UCLA CAMPUS LOS ANGELES 72,097 1% 71,699 4274 HARBOR BLVD LOS ANGELES 1,161,278 30% 814,963 4275 CLAY MS LOS ANGELES 598,959 51 % 292,633 4276 GETTY CENTER DR. CENT. CITY 260,000 59% 102,930 4277 GETTY CENTER DR. CENT. CITY 4,384 100% 4278 CLARK AVE. LONG BEACH 541,028 99% 3,048 4279 41 ST ST. LOS ANGELES 435,000 53% 205,310 4280 VIA ROSA/PV BLVD. PV ESTATES 470,000 36% 302,567 4281 HILLCREST ES LOS ANGELES 723,851 24% 549,330 4282 LOOP & PARK PL. IRVINE 1,110,000 61% 435,110 4283 EMPIRE AVE. BURBANK 8,800 100% 4284 CENT/LINC CULVER CITY 264,000 98% 6,420 4285 MARLTON ES LOS ANGELES 272,877 48% 140,982 4286 WESTERN AVE. TORRANCE 28,540 91% 21509 4287 GRAND AVE. EL SEGUNDO 102,183 63% 38,322 4288 HIDDEN RANCH SIMI VALLEY 8,705 100% 4289 LUGO E.S. LYNWOOD 15,435 100% 4291 05-06 St.Maint AGOURA HILLS 831,113 95% 39,255 4292 PICO BLVD. LOS ANGELES 55,000 1% 54,513 4293 HOLLYWOOD WAY BURBANK ARPRT 38,800 80% 7,751 4294 5 FRWY MISSION VIEJO Cost Plus Work 100% 4295 CULVER BLVD VISTA DEL MAR 1,193,782 62% 449,939 4296 GLENDALE BLVD LOS ANGELES 499,058 1% 492,470 4297 VICTORY/TOPNGA LOS ANGELES 600,000 79% 126,501 4298 ST. JOSEPH'S SCH LONG BEACH 2,000 100% 4299 91/55 FRWYS ANAHEIM 15,700 100% 4300 PV LANDFILL LA SANI DIST 19,650 94% 1,178 4301 MICHELSON IRVINE. 225,000 56% 99,989 4302 VERMONT AVE. LOS ANGELES 1,257,702 1% 1,250,121 4303 ISLAND EST LAKEWOOD 25,997 0% 25,997 4304 MEDIA STUDIOS BURBANK 18,700 0% 18,700 W Ips History 1130-2005 • H 3.23.06 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE -(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALVE IN EXCESS OF $2,000,000 COMPLETED WITHIN THE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: PIER T MARINE TERMINAL PROJECT DESCRIPTION: DEMO, ASPHALT CONCRETE, CRUSHED MISC. BASE, ELECTRICAL, STRIPING, BATHROOMS, SIGN STRUCTURES, UNDERGROUND, CONCRETE FOR THE PIER T MARINE TERMINAL, LONG LOCATION: PIER T DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $33, 481, 910.00 PROJECT DURATION - PER CONTRACT 6/98 AMQM THRU 12/99 IF YOUR WORK WAS PERFORMEb AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BRUCE, .FLAT.T TELEPHONE:-562/59.9-5841 OWNER INFORMATION NAME: PORT OF LONG BEACH CONTACT: . GARY CARDAMONE TELEPHONE:` 562/590-4172 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE: ALL CHANGES ARE MUTUALLY AGREEI TO AND TYPICALLY AGENCY GENERA? COPY ADDITIONAL PAGES AS NEEDED 14 CONTRACTOR'S NAME PALE INC, DBA EXCEL PAVING .COMPANY A. COMPANY EXPERIENCE -(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH AVALUE IN EXCESS OF $2,000,000 COMPLETED WITHIN THE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: OCEAN BLVD. EAST AND WEST RECONSTRUCTION PROJECT DESCRIPTION: SEWER/WATER/STORM DRAIN, GRADE CHANGE, CMB, A/C, STRIPING, SIGNALIZATION . LOCATION: OCEAN BLVD. EAST AND WEST DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE. $11, 290, 045.00 PROJECT DURATION -PER CONTRACT 6/99 AID(LTHRU 12/99 IF YOUR WORK WAS PERFORMEb AS A SUBCONTRACTOR: INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:- BRUCE FLATT TELEPHONE: 562 /599-5841 N/A OWNER INFORMATION NAME: PORT OF LONG BEACH CONTACT: GARY .CARDAMONE TELEPHONE, 562/590-4127 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREI INITIAL TO AND TYPICALLY AGENCY GENER SETTLEMENT PERCENT COMPLETE: COPY ADDITIONAL PAGES AS NEEDED. 14 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING. COMPANY A• COMPANY EXPERIENCE -(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH AVALUE IN EXCESS OF $2,000,000 COMPLETED WITHIN THE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: THE PORT OF LONG BEACH PROJECT DESCRIPTION: PIER J SITE IMPROVEMENTS RAILROAD, WHARFS, FENCE, ELECTRICAL, STRUCTURES, LANDSCAPE, ASPHALT CONCRETE, CRUSHED MISC. BASE LOCATION: PER J HARBOR SCENIC DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $9,138,146, 00 PROJECT DURATION - PER CONTRACT 4/98 A913MM THRU 3/00 IF YOUR WORK WAS PERFORME'b AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BRUCE FLATT TELEPHONE: 562 /599-5841 OWNER INFORMATION NAME: THE PORT OF LONG BEACH CONTACT: . GARY CARDAMONE TELEPHONE: 562 / 590-412.7. DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE: ALL CHANGES ARE MUTUALLY AGREED TO AND TYPICALLY AGENCY GENERAT COPY ADDITIONAL PAGES AS NEEDED. 14 0 0 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH AVALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: PIER S NORTH FILL PROJECT DESCRIPTION: INSTALLATION OF SEWER, WATER, STORM DRAIN, ELECTRICAL COMMUNICATION, LIGHTING, CONDUIT & VAULTS, MSE WALL CONSTRUCTOR, GRADING, CMB PLACEMENT NT & ASPHALT PAVING LOCATION: BERTHS S102-S110 CONSTRUCTION VALUE: $10 , 425 , 708.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LONG BEACH GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562 /599-5841 OWNER, IN FORMATION NAME: PORT OF LONG BEACH CONTACT: GARY BAKER/BUTCH MCBLAINE TELEPHONE: 562/432-1778 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREE INITIAL TO AND TYPICALLY AGENCY GENERA. SETTLEMENT PERCENT COMPLETE: %. COPY ADDITIONAL PAGES AS NEEDED 13 0 0 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 COMPLETED WITHIN TH LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: 1997-98 & 1998-99 ANNUAL INFRASTRUCTURE PROJECT PROJECT DESCRIPTION: STREET TMn'OE+RMS eevtas T CONCRETE COLD MIL•L•. ELECTRICAL, STRIPING, SLURRY SEAL, CONCRETE LOCATION: VARIOUS LOCATIONS, SANTA CLARITA DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $4, 022 472 00 PROJECT DURATION - PER CONTRACT 7/98 REDWILIRRU 12198 IF YOUR WORK WAS PERFORMEb AS A SUBCONTRACTOR: INITIAL SUBCONTRACT VALUE: N/A FINAL SUBCONTRACT VALUE: ARCHITECT: SANTA CLARITA GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: CITY OF SANTA CLARITA CONTACT: _ KERRY. BYER TELEPHONE: 805 / 255-4 984 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREE] INITIAL TO AND TYPICALLY AGENCY GENERA' SETTLEMENT PERCENT COMPLETE: % COPY ADDITIONAL PAGES AS NEEDED 14 • 0 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE -(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FORALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK W ITH A VALUE IN EXCESS OF $2,000,000 COMPLETED WITHIN THE LAST FIVE YEARS AND OPERATIONAL FOR AT LEAST ONE YEAR PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: PARE AND RIDE. LOT PROJECT DESCRIPTION: SITE WORK, BATHROOMS, ASPHALT CONCRETE, CRUSHED MISC. BASE, STRTPTNr, ARRIERS. STRUCTURES, BRIDGE WIDENING LOCATION: 91 FWY & 405 FWY DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $ 11, 358,103.00 PROJECT DURATION - PER CONTRACT 4/95 A9TW THRU 8/98 IF YOUR WORK WAS PERFORME'b AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: CALTRANS GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BROCE '.FLATT TELEPHONE: 562 599-5841 OWNER INFORMATION NAME: CALTRANS DIST. 7 CONTACT: HURRY MUM TELEPHONE: 213/897-3656 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE: ALL CHANGES ARE MUTUALLY AGREED TO AND TYPICALLY AGENCY GENERAT COPY ADDITIONAL PAGES AS NEEDED. 14 0 9 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: RECONSTRUCTION OF THE BROADWAY SIDEWALK PROJECT DESCRIPTION: SIDEWALK AND BASEMENT STRUCTURAL REPAIR LOCATION: BETWEEN 2ND ST. AND 5TH ST., LOS ANGELES CONSTRUCTION VALUE: $2 , 514, 839.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE:562/599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT: slqASNT HB AVIA TELEPHONE: 213/847-8982 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE; ALL CHANGES ARE MUTUALLY AGREED TO AND TYPICALLY AGENCY GENERATI COPY ADDITIONAL PAGES AS NEEDED 13 • 0 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: TUSTIN AVE., STREET IMPROVEMENT PROJECT DESCRIPTION: A/C PAVE, CMB, RAMP WIDENING, CURB & GUTTER, STRIPING, K-RAIL, DEMO, RETAINING WALLS, BRIDGE ABUTMENTS, LANDSCAPE, IRRIGATION, SIGNALIZATION LOCATION: TUSTIN AVE. AT SR-91 FWY., ANAHEIM CONSTRUCTION VALUE: $3,842., 051 95 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O ANAHEIM GENERAL CONTRACTOR INFORMATION NAME: PALP..INC'i' DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: CITY OF ANAHEIM CONTACT: RALPH HARP TELEPHONE: 714/762-5162 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREET INITIAL TO AND TYPICALLY AGENCY GENERAI SETTLEMENT PERCENT COMPLETE: % COPY ADDITIONAL PAGES AS NEEDED 13 0 • CONTRACTOR'S NAME pALp INC. DBA EX .Ei. PAVTNG COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: BERTH 212-225 BACKLAND IMPROVEMENTS PROJECT DESCRIPTION: CONSTRUCT 15 FOUNDATIONS FOR 100' HIGH MAST LIGHT POLES_413MP1, RELOCATE ELECTRICAL CONDUIT AND WATERLINE FOR HMPS AND RELOCATE 15 HMPS, CONSTRUCT 16,000 IF OF CRANE CONC. RUNWAY CONSTRUCT 3 SUBSTATIONS, ASPHALT PAVING, LOCATION: SAN PEDRO CONSTRUCTION VALUE: $4,297,540.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALp INC DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562 /599-5841 OWNER INFORMATION NAME: PORT OF LOS ANGELES CONTACT: JACK CHANG TELEPHONE: 310 / 7 32-3225 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE: ALL CHANGES ARE MUTUALLY AGREE TO AND TYPICALLY AGENCY GENERA COPY ADDITIONAL PAGES AS NEEDED 13 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH AVALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: SANTA MONICA TRANSIT PARKWAY PROJECT PROJECT DESCRIPTION: UNDERGROUND, RETAINING WALLS, FWY. ON RAMPS, A/C PAVE, SIDEWALK, CURB & GUTTER, SIGNALIZATION, LANDSCAPING LOCATION: FROM 405 FWY. TO BEVERLY HILLS CITY LIMIT, LOS ANGELES CONSTRUCTION VALUE: $.34,_455. 152.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/O LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: _BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT: CARL NELSON TELEPHONE: 21 3 / 847-6613 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREEI TO AND TYPICALLY AGENCY GENERA INITIAL: SETTLEMENT PERCENT COMPLETE: COPY ADDITIONAL PAGES AS NEEDED 13 0 • 4jR CITY OF HUNTINGTON BEACH1 1 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2006 R. J. Noble Company 15505 E. Lincoln Ave. Orange, CA 92856-1015 RE: CC-1242 — Garfield Avenue Improvements at the Fountain Valley Channel Enclosed please find your original bid bond for CC-1242. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure ( Telephone: 714-536-5227) M GARFIELD AVE STREET IMPTS, HUNTINGTON BEACH BID DATE: AUGUST 1, 2006 BID TIME: 2:00 PM R.J. NOBLE COMPANY ASPHALT PAVING • ENGINEFRIN(', r.0N1TPAr.TnPQ T7 I SECTION C PROPOSAL for the construction of GARFIELD AVENUE IMPROVEMENTS, CC-1242 AT FOUNTAIN VALLEY (D05) CHANNEL in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Plans and Specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 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. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the C-1 0 proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find 107. BID BOND 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 may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature G2 PROJECT BID SCHEDULE 0 Garfield Avenue Improvements, CC-1242 Item:: E- imated :::::::::::::::: Ifiem witH: unit:price:::::::: >:::::::< :::::::::::::::::::::::::::: ; Ext6ftdL.& : : No; Qaan <ty. :.... .. ...... .. . ... .:. .............. wlrltten.<n.words.: <......;:::: . ... Unif#'ri e::' ... ..... .... .. :::Amount. 1 1 LS Mobilization ft.(} @ CoQtkeen t�,DOCKY !/ OA6 Dollars $ 1 100.00 $ NJplD•00 Cents Per LS 2 1 Traffic Control Plan LS @ FIVE THOUSAND Dollars $ 5 , 000.00 $ 5,000.00 NO Cents Per LS 3 1 Furnish Project Traffic Control LS @ TEN THOUSAND Dollars $ 10,000.00 $10,000.00 NO Cents Per LS 4 24570 Surface Grind (Depth: 0.17' & 0.38', [Includes Excavation and Disposal]) SF @ ZERO Dollars $ 0.57 $ 14,004.9C FIFTY SEVEN Cents Per SF 5 70 Import Soil CY @ ONE HUNDRED TWENTY FIVE Dollars $ 125.00 $ 8,750.00 NO Cents Per CY 6 61 Import Aggregate Base TN @ SIXTEEN Dollars $ 16.00 $ 976.00 NO Cents Per TN 7 374 Construct ARHM (Wet Process, 0.17' Overlay) TN @ ONE HUNIlRED Dollars $ 100.00 $ 37,400.0 NO Cents Per TN 8 537 Contruct Asphalt Concrete Base Course (Min. Depth: 0.2l') TN @ SEVENTY FOUR Dollars $ 74.00 $ 39, 738.0 NO Cents Per TN 9 1 Remove and Reconstruct Catch Basin & Cover Per HB Standard Plan 301, 303, & 309 EA @ FOURTEEN THOUSAND Dollars $ 14 , 000.00 $ 14 , 000.0 NO Cents Per EA 10 373 Remove and Reconstruct Curb and Gutter Per HB Standard Plan 202 (CF=8") LF @ SIXTY Dollars $ 60.00 $ 22,380.0 NO Cents Per LF C-2.1 *PROJECT BID SCHEDULE 0 Garfield Avenue Improvements, CC-1242 .Item::.... :No: ........ .............. Qaant .................. ................................ I............. ... .. ... .... ........ ...........Wi.. qpi::pn ....... ...... I .....MN�464 .......................... ........ ................... Extended:7. ............... ...............: 11 2037 SF Remove and Reconstruct Sidewalk Per FIB Standard Plan 207 @ TEN Dollars $10.00 $ 20,370.00 NO Cents Per SF 12 148 LF Remove and Construct Sidewalk with Monolithic -Key Per Detail A (Sheet I of 2) @ SIXTY Six Dollars $ 66.00 NO Cents Per LF $ 9,768.00 13 180 SF Remove and Reconstruct Curb Inlet Local Depression (in -Kind) @TWENTY FOUR Dollars $ 24.00 $ 4,320.00 NO Cents Per SF 14 534 SF Remove and Reconstruct Residential Drive Approach Per HB Standard @ NINETEEN Dollars Plan 209 $ 19.00 $ 10,146.00 NO Cents Per SF 15 1 EA Construct Residential Lot Drain Per HB Standard Plan 204 @ ONE, TROTTSANT) Dollars $ 1,000.00 $ 11000.00 NO Cents Per EA 16 1 EA Remove Tree and Grind @ONE THOUSAND SIX HUNDRED Dollars $ 1,600.00 $ 1,600.00 . NO Cents Per EA 17 1 LS Provide Construction Survey @ FOUR THOUSAND FIVE HUNDRED Dollars $ 4,500-00 $ 4,500.00 NO Cents Per LS 18 3 EA Adjust Sewer Manhole to Grade @ qF.VF.N HUNDRED ETGHTY FIVE Dollars $ 785.00 $ 2,355.00 NO Cents Per EA 19 3 EA Adjust Water Valve and Box to Grade @ SEVEN HUNDRED EIGHTY FIVE Dollars 785.00 2,355.00 NO Cents Per EA 20 1 EA Adjust Fire Hydrant Assembly to Grade @ ONE THOUSAND FIVE HUNDRED -Dollars $ 1,500.00 $ 1,500.00 NO Cents Per EA C-2.2 4fROJECT BID SCHEDULE Garfield Avenue Improvements, CC-1242 Item ..... :Estimatedrice:::::.::.... ......... P.............................................. .......... ...... .........::::::::::::Extmd, ....Amour#.. . 21 1 LS Traffic Striping (In Kind) @ TWO THOUSAND SEVEN HUNDRED Dollars $2,700.00 $ 2,700.00 NO Cents Per LS 22 3 EA Survey Monumentation @ THREE HUNDRED EIGHTY FIVE Dollars $385.00 $ 1,155.00 NO Cents Per EA 23 @ Dollars $ $ Cents Per 24 @ Dollars $ $ Cents Per 25 @ Dollars $ $ Cents Per Total Amount Bid in Figures: Ln. iki,g0 Total Amount Bid in Words: 1 uu0 by c�r2� W Rt �l�C _�[11�s?54hC VI vrl e K-' 5. C-2.3 0 E 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 of Work Name and Address of Subcontractor State License Number Class 16 V & E TREE SERVICE, P.O. BOX 3280, ORANGE 654506 c-27 18, 19 RAMIREZ CONST. 656 E. SAN BERNARDINO RD. 683241 COVINA, CA C-61 4 PAVEMENT RECYCLING, P.O. BOX 1266, RIVERSIDE, CA A 9, 13 20 BOB WETZEL CONCRETE 1419 KEEGAN, SANTA AN 393934 A, CA A 21 J & S SIGN COMPANY P.O. BOX 4008, WHITTIE , CA 538211 c-32,d-42 17, 22 CASE LAND SURVEY, 614 N. ECKHOFF ST. ORANGE, CA 5411 10, 11 12, 14 ELITE BOBCAT SERVICE 1320 E. SIXTH ST SUITE 100, CORONA, CA 720016 A 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. 61 G3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class I of Work I I Number 1 , 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-1 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange MICHAEL J. CARVER , being first duly sworn, deposes and says that he or she is PRESIDENT of R.J. NOBLE COMPANY the parry 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. R-J. NOBLE COMPANY Name of Bidder Si ture of Bidder MICHAEL J. CARVER, PRESIDENT 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Address of Bidder Subscribed and sworn to before me this 1 ;t day of AlimiST , 200 6 . JENNIFER DE IONGH NOTARY PUBLIC -CALIFORNIA m ® COMMISSION # 1448237 a ORANGE COUNTY My Comm. Exp. October 28, 2007 NOTARY PU IC __A9 _V DE IONGH NOTARY SEAL G4 • 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 IMPROVEMENTS, (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. Date: AUGUST 1, 2006 R.J. NOBLE COMPANY Contractor MICHAEL J. CARVER, PRESIDENT Title C-5 0 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes a< 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 • 0 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 with such provisions before commencing the performance of the work of this contract. Date: AUGUST 1, 2006 R.J. NOBLE COMPANY Contractor MICHAEL J. CARVER, PRESIDENT Title 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 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: R.J. NOBLE COMPANY Contractor MICHAEL J. CARVER, PRESIDENT Title Date: AUGUST 1, 2006 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. 0 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: R.J. NOBLE COMPANY Bidder Name 15505 E. LINCOLN AVENUE Business Address ORANGE CA 92865 City, State Zip ( 714 ) 637-1550 Telephone Number A-782908 State Contractor's License No. and Class 08-2000 Original Date Issued 08-31-06 Expiration Date The work site was inspected by TREVOR STRATFORD of our office on 07-25-06 , 200_. The following are persons, firms, and corporations having a principal interest in this proposal: R.J. NOBLE COMPANY A CALIFORNIA CORPORATION MICHAEL J. CARVER, PRESIDENT C-9 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. R.J. NOBLE COMPANY Company Name Signature of B' -der MICHAEL J. CARVER, PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this lstday of AUGUST 2 0 JRYVPUBLIIFE; -CAUFM ��1.�'` ", NOTARY PUBLIC - CAIIFORNIA ® COMMISSION # 1448237 c "' CHANGE COUNTY M Comm. Exp. October 28, 2007 NOTARYPUB C JEN F R DE IONGH NOTARY SEAL Listed below are th�-'�ames, Ydress and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 CITY OF TEMECULA , P.O. BOX 9033, TEMECULA, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: MYRA DE LA TORRE, 951-694-6411 1.7 MILLION PAVEMENT REHAB SEPT 2005 Contract Amount Type of Work Date Completed 2. CITY OF BUENA PARK, 6650 BEACH BLVD, BUENA PARK, CA 90620 Name and Address of Public Agency Name and Telephone No. of Project Manager: SAM MAKAR, 714-562-3750 1.2 MILLION STREET IMPROVEMENTS SEPT 2004 Contract Amount Type of Work Date Completed 3 CITY OF SANTA ANA, P.O. BOX 1988, SANTA ANA, CA Name and Address of Public Agency Name and Telephone No. of Project Manager: BILL ALBRIGHT, 714-647-5029 2.7 MILLION STREET WIDENING DEC 2005 Contract Amount Type of Work Date Completed C-10 Bin o16-Fr , jr-i TRAVELERS CASUALTY AN URETY COMPANY OF AMERICA Hartford, dipecticut 06183 Bond No. N/A KNOW ALL HEN BY THESE PRESENTS, That We, R. J . NOBLE COMPANY as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laves of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Oblinaa thnrainaftprr-allpri the Ohlinpp in the ctim of TEN PERCENT OF THE AMOUNT OF THE BID Dollars ($ 10% OF BID AMT), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for GARFIELD AVE STREET IMPROVEMENTS (CC1242) 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 sucii bond or bonds, if the Plifu:ipai silaii pay to the Obligee the difference not to exceeu the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith C. beet v th S.^.Cther pasty to perfor,^ the iN;ork covered by said bid, then this obligation. shall be null and void, otherwise to remain in full force and effect. Signed and sealed this2lst day of JULY 1 2006 R. J. NOBLE COMPANY om!ness; 0oo (Principal; (Seal) MICHAEL J. CARVER, PRESIDENT (Tice) TRAVELERS CASUALLY AND SURETY COMPANY OF AMERICA cVvitness) MIMAEL D. \STONG\/\ Printed in cooperation with the American institute of Architects (AIA) by Travelers Casualty and Surety Company of America, The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. c.i g69_r: (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of ORANGE On-7 I&Z2 before me, JENNIFER DE IONGH, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC" personally appeared MICHAEL J. CARVER, PRESIDENT, R.J. NOBLE COMPANY NAME(S) OF SIGNER(S) personally known to me - OR P pfaved te Ffle en the basis of satisfactory evidence to be the personV) whose name(A is/'a-re subscribed to the within instrument and ac- knowledged to me that he/sbefl:h executed the same in his/fvrtth'e-i-r- authorized ,%�I�Nt>~ERo;=IONGH capacity(ies), and that by his/I„e�� A NOTAF PUBLIC - CALIFORMA w, p` com�Als ORANECOUNTY 37 signatures on the instrument the person(, M comm.Ex ,oatober28,2o07 or the entity upon behalf of which the personN acted, executed the instrument. WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE ss. On before me, R. CISNEROS "NOTARY PUBLIC" Date Name and Title of Officer (e.g., "Jane Doe, Notary Public) personally appeared MICHAEL D. STONG Name(s) of Signer(s) • R. CISNEROS COMM. #1488731 cc NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY M Comm. Ex fires June 7, 2008 ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person�a'j' whose name is/9l.K subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef,40&-t'r authorized capacity(ies-), and that by his/hefAheiir signature,(,s-ron the instrument the personW,or the entity upon behalf of which the personal acted, executed the instrument. TNESS my hand and official seal. ""V .1 UA-.(N M247�? Place Notary Seal Above Signature of Notary Public 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 reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER' Top . 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free /-800-876-6827 POWER OF ATTORNEY IS INVALID WITHOUT THE STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 217083 Certificate No. 001006511 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of. Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Michael D. Stong, Shawn Blume, Susan C. Monteon, and Rosemary Cisneros of the City of Riverside , State of California their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of, guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pgtW14 a ons or 1 eedings allowed by law. i k "' 1 Oth IN WPI'NE,SS WHEREOF, the Compagi�� have caused this in o e Ilkie artd �i� corporate seals to be hereto affixed, this day of `1 LLU 66 t a IN p. Farmington Casualty Co ' + St. Paul Guardian Insurance Company Fidelity and Guaranty sranpan} St. Paul Mercury Insurance Company Fidelity and Guaranty fnsit' e nderwrtters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company ! INS tV R/y ry mTL ��nr�y J y Q� �_... SG_,➢ }' - . .._�Hy JP� �a rM�4TjY'N�0 �i4:i PUR ipO y ATE. OFM1kVt mxx�in ch- t�wA»✓ <y.._...�A di A„+ Alit State of Connecticut City of Hartford ss. By: orge W ompson, Sen r Yic President On this the loth day of July 2006 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.Tl�l In Witness Whereof, [hereunto set my hand and official seal. znri My Commission expires the 30th day of June, 2011. �OUBUGS Mane C. Tetreault, Notary Public 58440-6-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 16, 2006 Elite Bobcat Service 1320 E. Sixth, Ste. 100 Corona, CA 92879-1785 RE: CC-1242 — Garfield Avenue Improvements at the Fountain Valley Channel Enclosed please find your original bid bond for CC-1242. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure (Telephone: 714-536-5227 ) 2006 AUG - I Phi 1: 40 H INC. E ERVICEEERING 1320 E. SIXTH, SUITE 100 • CORONA, CA 92879 -1-Ap5- Tel: (951) 279-6869 • FAX: (951) 279-6832 &06LJ & a L UQS) Lr-4 ►r c I " SECTION C PROPOSAL for the construction of GARFIELD AVENUE IMPROVEMENTS, CC-1242 AT FOUNTAIN VALLEY (D05) CHANNEL in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Plans and Specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 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 accompanyinzn g 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. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY's notice of award of contract to the BIDDER, the C-1 • 0 proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. Accompanying this proposal of bid, find i, A in the amount of $ 10 �. +pfa which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE • Garfield Avenue Improvements, CC-1242 Est�ma#ed ::::::::: ........ >: Item>rvith: unit:price ::::::::::::: >: >::: >::: ................................. ........................................... ...... :::: >:::: >: Extended:: : ................. ..................................................................................... No;: : Qaantity: :: vi> ttebla:wo�rds... >::........... ..... ..................................... if:�'rice 1 1 Mobilization LS @ J"z %��i Jl%� �ld�' ��i/f/dlars $ � $ 7 o A Cents Per LS 2 1 LS Traffic Control Plan @ r�v S,!} ry� Dollars $ (/D� &7 $ �JD Z l JR, C, Cents Per LS 3 1 LS Furnish Project Traffic Control @ ��U!/$ �! ✓I/% Dollars Q „��/I/f ,�} �✓)//� L L� 2 O Cents " Per LS 4 24570 Surface Grind (Depth: 0.11�7'& 0.38', [Includes Excavation and Disposal]) SF @ %ri.� �il�_ �y �0/J$Jr.�//� Dollars sC eA,l $ S2 $ 12, 77 ,,* V,p AD—[-Ye�t_I Cents Per SF 5 70 CY Import Soil Dollars $ Q Y � $ 7 00 /0-4 SE5'dcN /��yvT>7, /V/. 22rA 4L Cents _,6 Per CY 6 61 TN Import Aggregate Base @ ✓ '- od Woo d Dollars $ ,VI-WFr%i Tine%', v'� yl•�� .00AID 7- Cents Per TN 7 374 Construct ARHM (Wet Process, 0.17' Overlay) I N @ �%¢�/ �br/R !/!/S/!.+/.0 Dollars Cents Per TN 8 537 Contruct Asphalt Concrete Base Course (Min. Depth: 0.2P) TN @ �o�/ty 1w_ 6 / 6a5,4,VI-9 . Dollars $ 7?� X $ y2, Y23 `oele 1ML57 i09N 0 Cents Per TN 9 1 EA Remove and Reconstruct Catch Basin & Cover Per HB Standard Plan @ �'��'�/ % �Yr'A,t/Q 5;El1!5_.4✓ Dollars 301, 303, & 309 $ DP vsv/>/Le/) r*.VAD LE/1!3 Cents Per EA 10 373 LF Remove and Reconstruct Curb and Gutter Per HB Standard Plan 202 (CF=8")) @ AW�� /�/� i✓/) Oi✓� Dollars $ �8 �x lsrdr✓���� s AN _qtl;l 2�,�Q [1 Cents AA $ / �7 Per LF C-2.1 *PROJECT BID SCHEDULE Garfield Avenue Improvements, CC-1242 Iteiri:: ....... Estimated :: .............. >: :::::Ifiefri:with: un:::: >..... .... ;:: ................................. ............ ...::::::Extended:: : ..................................................................................... atIo:: Qirai�tit .. ::::::: >:::::: >: w;ri#teri:x>ri:r o�rds:::::: »::::::::::::::: .. . ..................................... UhA Prue:... >:: ariouri#:::: 11 2037 SF Remove and Reconstruct Sidewalk Per HB Standard Plan 207 @ jiF� a%Laffi1�Y%J Dollars" $ 7 yO $ J'9�✓/> �G?i/Z3t� drlla� Cents` Per SF 12 148 LF Remove and Construct Sidewalk with Monolithic -Key Per Detail A (Sheet 1 of 2) @ ,9N D� C Dollars $ vA0AV'0 $ Cents Per LF 13 180 SF Remove and Reconstruct Curb Inlet Local Depression (In -Kind) Dollars $�- $ 7 roe COX ,4 ,004 Z.r./ o Cents Per SF .14 534 Remove and Reconstruct Residential Drive Approach Per HB Standard Plan 209 SF @ d,� �jab�r'�'.�9 !/� Dollars .eq - Cents Per SF 15 1 EA Construct Residential Lot Drain Per HHB�Standard Plan 204 Dollars $ $ 3 Cents Per EA 16 1 EA Remove Tree and Grind @/6��fidi����Dollars od $ Cents Per EA 17 1 LS Provide Construction Survey @ Agae ddf�/i/D Dollars $ ,J $ 7 Tr4�� L � 4 6 ,Cents Per LS 18 3 EA Adjust Sewer Manhole to Grade @ T e r�tib�r�aD T�✓� Dollars �x $ 2 L SD .4 AA4 •z © Cents Per EA 19 3 EA Adjust Water Valve and Box to Grade @ /�� //`/at/f�/N!� %[/ollars $ Cents Per EA 20 1 EA Adjust Fire Hydrant Assembly to Grade @ /wC3 �� r/['�i/�/� � /�lI/ Dollars Q' $ �� $2,ga' Cents Per EA o- o1 C-2.2 APROJECT BID SCHEDULE a Garfield Avenue IfI1lJIUVC111CIIlJ� l�l�-IL' Item:: i�o:: Estirrmated Qua>ntity .....:: Itetii:rvi... unit::p iee::::: ;::::;;::::: vi�iritten i,►i Words:. '. .. .. ;>;::::::: >;::Exte►ided: : o.... 21 1 LS Traffic Striping (In Kind) @ i0 %1-7101/5"Al /)� Dollars $ �� $ 2 /()D ,gAvO Cents Per LS 22 3 EA Survey Monumentation @ Y55/1/FIIPi✓.O/TEW Dollars $ 5700 $ Z ,F,e a Cents Per EA 23 @ Dollars $ $ Cents Per 24 @ Dollars $ $ Cents Per 25 @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ Total Amount Bid in Words_ -w� ✓iN� f�':i vD.e�©N. y s�v�.(/ �aC�•�/1 S .A.v/� ��.y �/Ty G c x.2 C-2.3 9 i 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 of Work Name and Address of Subcontractor State License Number Class l /F/ AC PP AW 4-6f3,5'Z J U 2 0� c.�sg s���� - o.P�•�d� LSS"Y// 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 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange R iNG,nG- , being first duly sworn, deposes and says that he or she is 3�' J S2C - of �t J3 p%jC�i' SUM[ .�I__he 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. Elite Bobcat Service, Inc. Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of e� 200 NOTARY PUBLIC SARAN D. SHAW Commission # 1437422 Notary Public - California Z P o Riverside -County ,,p, s Sep 2. 2007 C-4 • Cl 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 IMPROVEMENTS, (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. Dater tChte Bobcat Service, Inc. Contractor Z42.,Zez By Title G5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes *.No 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 with such provisions before commencing the performance of the work of this contract. Date: %r k / UAp Elite Bobcat Service, Inc. Contractor By �10 1 A. Title t C-7 1 J 9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor 4 Z' By Title Date:j >17e 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 INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 132!2 l.. si,)< S-'r. S "I00 Business Address CQVnC_1 2'919 City, State Zip q51 ) �) - Telephone Number D-OU Ce State Contractor's License No. and Class 2j--�1/9�t Original Date Issued �>) -;1i OF Expiration Date The work site was inspected by �(C.�,G. of our office on 3 , 200� The following are persons, firms, and corporations having a principal interest in this proposal: o ol� l4 NG.h c-� 101-V5,11eC .. C-9 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. Elite Bobcat Service, Inc. Company Name Signature of Bidder R o In c, Printed or T ped Signature Subscribed and sworn to before me this day of , 200 . NOTARY PUBLIC 5,'vRAH D. SHAM/ Ctynrnission # 143,1422 Noto, v Pubiic - California Riverside County .Expires Sep 2, 20 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: 2. 3. Naive and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 Elite Bobcat Service, Inc. Reference List - Public Agency Address Contact Phone No. Project Description Contract Amount City of Anaheim P.O. Box 3222 Chuck Smith (714) 765-5176 2000/2001 CDBG Improv. 109,939.00 Anaheim, CA 92803 City of Fontana 8353 Sierra Ave. Don Gilbertson (909) 350-6659 Manao and Miller St. Improv. 240,238.00 Fontana, CA 92335 City of Garden Grove 11222 Acacia Pkwy Dai C. Vu (714) 741-5189 Safe Routes to Schools 189,392.00 Garden Grove, CA 92842 City of Highland/ 650 Hospitality Ln. #400 Larry D. Brown (909) 386-0200 2002 Concrete & Street Repairs 171,406.58 Willdan San Bernardino, CA 92408-3317 Laing Homes 255 E. Rincon St. Ste 100 Tony Nissan (951) 272-5100 "Northfork" Harrison & 651h Norco 2,222,616.00 Inland Division Corona, Ca 92879-1330 City of Santa Ana . P.O. Box 1988 William Albright (714) 647-5029 Windsor Village Neighborhood Improv. 153,678.65 Santa Ana, CA 92702 City of Riverside 3900 Main Street Phillip Hannawi (909) 826-5341 Riverside Plaza Street Improvements 278,343.85 Riverside, Ca 92522 City of Laguna Beach 505 Forest Avenue Mike Branch (949)497-3311 Temple Hills Pedestrian Path 310,631.74 Laguna Beach, Ca 92651 City of Santa Ana 20 Civic Center Plaza Bill Albright (714) 647-5029 Omnibus Repairs #1814 268,473.95 Santa Ana, CA 92701 City of Irvine P.O. Box 19575 Doug Davidson (949)724-6675 Dumpster Enclosures 41,000.00 Irvine, Ca 92623-9575 City of Temecula 43260 Business Park Dr. Bruce Levy (909) 694-6411 Construct New Sidewalk 50,550.00 Temecula, CA Riverside County 3525 141h Street Jim Ayres (951) 955-1918 Highgrove Entrance Improvement 1,684,377.05 Economic Dev. Agency Riverside, CA 92501 Riverside County Bonding Insurance Culbertson Insurance Services, Inc. Sherman, Parent, Prince & Fleming Insurance Brokers 5500 E. Santa Ana Canyon Road, Suite 201 17912 Mitchell South Anaheim, CA 92807 Irvine, CA 92614 Dave Culbertson (714) 921-0530 Bob Parent (949) 756-4100 0 . Bond No08739262 Fidelity and Deposit Company POST OPF.ICE BOX 1227 OF MARYLAND e � i KNOW ALL MEN BY THESE PRESENTS: That we, __-___ELITE BOBCAT --SERVICE, INC. BALTIMORE, MD 21203 as Principal, (hereinafter called the "Principal"), and ,the FIDELrrY AND DEp srr COMPANY of MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly torganized under the laws of &e State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firnAy bound unto__-_ CITY OF HUNTINGTON BEACH Obligee, (hereinafter called the "Obligee"), in the sum of_ ...... _ TEN_PERCENT-OF_AMOUNT BID_--- _ _—_-- _______- --------- Dollars ($— 107�- for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for GARFIELD AVENUE IMPROVEMENTS CC-1242 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed — ------- 26TH _--_day of ..... JULY - A.D.,20 06 Witness C325f-50M, 7-92 Coa(o to Aa icm lnstitWc of Anhkom 0,,c a A-310, ' Fchtwry 1970 Edition. ELITE BOBCAT SERVICE, INC. _ _`____(SEAL) Principal --------- — tPitness BY - - -- ----- -- ------ - -- ------------------- f3• Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND /0Surety gw"N 0� By- - ---------- - --- - - -- - - - - -- - - ---- - -- - -(SEAL) ICHARD A. COON Title ATTORNEY -IN -FACT • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 8/1/06 before me, Sarah D. Shaw — Notary Public personally appeared Joseph A. Nanci 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 the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SARAH D. SHAW `" Commission # 1437422 Z -. Notary Public - California S lure of otary ublic Riverside COUnfij My Comm. Expires Sep 2, 2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond -City of Huntington Beach TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1: 1 INDIVIDUAL PARTNER(S) 11 OTHER: 1 DATE OF DOCUMENT 7/26/06 CAPACITY CLAIMED BY SIGNER Lij1� CORPORATE OFFICER President / Secretary TITLE(S) ATTORNEY -IN -FACT TRUSTEE(S) SIGNER IS REPRESENTING: Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 7-26-06 -before me, LEXIE SHERWOOD - NOTARY PUBLIC. personally appeared RICHARD A. COON 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 the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. LEXIE SHERWOOD COMM. #1593951 R NOTARY PUSUC • CAUFORNIA n GRANGE COUNTY Si a e ol fiotary Public 6Coma. ','p JULY 27, 2009 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF WCUMEW NUMM OF PAGES 1 DATE OF MCUACEW 7-26-06 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: FIDELITY AND DEPOSIT COMPANY OF MARYLAND NAME OF PERSON(S) OR ENTITY(S) 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a dds by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB P and Lexie SHERWOOD, all of Anaheim, California, EACH its true make, execute, seal and deliver, for, and on its behalf as surety, and as i p y undertakings, and the execution of such bonds or undertakings i se s finding upon said Company, as fully and amply, to all intents and p os bee d acknowledged by the regularly elected officers of the Company at its lti M er persons. This power of attorney revokes that issued on behalf of Richard A. avid L. CULBERTSON, Matthew P. FLAKE, Lexie SHERWOOD, dated January 14, 2005. O The said Assistant does does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of November, A.D. 2005. ATTEST: ',gyp DfPps�i 4�Wnt. State of Maryland I ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: / William J. Mills Vice President On this 7th day of November, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 PDXF 012-4150H