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All American Asphalt - 2006-11-06
City of Huntington Beach [OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: David Verone, Contract Administrator DATE: April 25, 2008 SUBJECT: Retention Release Payment Company Name: All American Asphalt, Inc. Address: P.O. Box 2229 City, State and Zip Coder Corona, CA 92878-2229 Phone Number: (951) 736-7600 Business License Number:A-016726 Local Address: N/A Notice of Completion Date:12/11/2007 Contract Purpose: Retention Release for Cash Contract 1279,1280,1281, Adams Ave, Bolsa Chica Street, and Goldenwest Street Rehabilitation Project 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. q I L-.?-9 �) ate Travis K. Hop I certify that there are no outstanding invoices on file. V-3 0-0 1 Date , Public Works Director ari FreiderYrich, 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. ae retention release memo1279-81 .doc 4/25/2008 5:04:00 PM - RECEIVED BY: (Name) ` j (Date) TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance have received the bonds for .l (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 066 .`�T 3 2 q Guarantee and Warranty Bond No. Re: Tract No. MSC No. / , I A Approved TCouncil Approval Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Officef. after signing/dating f�^ Agenda Item No. /t City Clerk Vault No. SD ��' � f 09 #27 g:/followup/bondletter.doc Certification of Compliance with Title VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 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 Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC# 1279, 1280, 1281 Project: Adams, Goldenwest, and Bolsa Chica Arterial Rehabilitation Project in City of Huntington Beach The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 6 day of December 20 07at Corona , California. All American Asphalt (Type Contractor Name) By: Natasha Collis/CertifiedArl P y Name: [Type Name] Title: [Type Title] Al � �- t� � -iJ 3 • � - CKP 245911.1 CONTRACTOR'S CERTIFICATE I, Natasha Collis , state and certify that: (Name of Declarant) All American Asphalt is the general contractor to the City of Huntington Beach ("City') on Contract No. cC�g, 12Bo —1�?pl (the "Contract") for the construction of the public work of improvement entitled: Adams, Goldenwest, Bolsa Chica Arterial Rehabilitation Project in City of Huntington Beach (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"): 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"): NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Corona, California on this 6 day of December , 20()7 . Signature of Declarant) APPROVED AS TO FORM By: s71 -7%a -ilJ 3 Zo ot� Name: [Type Name] Title: [Type Title] 245914A 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: CC# 1279, 1280, 1281 _ Project: Adams, Goldenwest & Rolsa China Arte4ial Rehabilitation in City of Huntington Beach 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 6 day of December , 20 07 , at Corona , California. All American Asphalt (Type Contractor Name) By: Natasha Collis / Certified Payroll Name: [Type Name] Title: [Type Title] AS TO XOM CITY AMRNI Y -TIS 01. ab - 0_�D 247542.1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating TO: Sh ' Freidenrich, City Treasurer FROM: DATE: �111-5 SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. (Company Name) �66 5-3 J� Im —w IA �D /A a / Approved Agenda Item No.re (Council Approval Date) 6 0®' � �� /� 1621- City Clerk Vault No. !/ #27 g1followup/bondletter.doc MAINTENANCE BOND EXECUTED IN TWO (2) PARTS KNOW ALL MEN BY THESE PRESENTS: BOND NO.: 088 53 327 Premium included in Performance Bond THAT we, All American Asphalt , as Principal, and Fidelity and Deposit Company of Maryland , a corporation organized and doing business under and by virtue of the laws of the State of Maryland and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto City of Huntington Beach PO Box 190 A P OV EIS S TO ORM Huntington Beach, CA. 92648 lEi : ` ikfcGVATH, C' Atto/rney as Obligee, in the sum of Six Million, Five Hundred Nine Thousand, Nine Hundred Ninety Four and 67/100ths--------------------------------------------- -- ($ 6,509,994.67 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: Adams Avenue, Bolsa Chica Street and Goldenwest Street Rehabilitation, Cash Contract Numbers 1279, 1280, 1281 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorizedAttorney-in-Fact this 9th day of January 2008 YEAR All American Asphalt Fidelity and Depo ' Principal 100, BY: BY:�/ en M. Brown Attorney -in -Fact UUL -10 ID-1201 (CA) (One Year Term) (REV. 3/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of VAVS S[06 J On 3*� . f 3a before me, �� .��- L- Date �,� � � Here Insert Name the Officer personally appeared `/ Y�`7P��� fN�� ,� N�fd Names) of Sicmer(s) BRENDA E. ROYSTER Commission # 1700922 Z ; Notary Public - California Z Riverside County My Comm. E> om Oct 2b, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person*ywhose name(b} is/a}e-subscribed to the within instrument and acknowledged to me that he/shey executed the same in his/heir authorized capacity(", and that by his/heo4u& signature(�-on the instrument the person($ - or the entity upon behalf of which the person(t# acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. Signature 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: jqHVrg� jftjCg &a — 4"�t�j-7n� Document Date: TAiQ [A.Af�� 91 Q-M"6- Number of Pages: 4 Signer(s) Other Than Named Above: 14. Capacity(ies) Claimed by Signer(s) Signer's Name: 416(91T 69-f"t( f Signer's Name: ❑ Individual./ Individual B ,' Corporate Officer — Title(s): �V ICE g es ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ P t ❑ L' 't d ❑ G I ❑ Attorney in Fact • Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signe�Represen —/0 al ner — Iml a enera ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conser for ❑ Other: Signer Is epresenting: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 State of California County of ORANGE On 1-9-08 before me, BARBARA J. BENDER, NOTARY PUBLIC Date Nero insert Name and Me of the officer personally appeared OWEN M . BROWN Names) of signos(s) BARBARA J. BENDER `� Commission # 1494946 '°oi Notary Public - California Orange County My Comm. Explies Jul 13, 2008 Puce Notary seal Above Wa who proved to me on the basis of satisfactory evidence to be the person(M) r whose name(*) islam subscribed to the within instrument and acknowledged to me that he/iNUMmy executed the same in hisAMWkNir authorized capacity(03), and that by hi signature(!) on the instrument the personi40, or the entity upon behalf of which the person(*) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of Calif is that the foregoing paragraph is true and -correct. WITNESS my &aand o ' al seal Signature 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 53 327 Document Date: 1-9 -08 Signer(s) Other Than Named Above: ALL AMERICAN -ASPHALT Capacity(les) Claimed by Signer(s) Signets Name: OWEN M. BROWN ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General XXMttorney in Fact - ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: FIDELITY AND DEPOSIT CQMPANY OF MARYLAND Number of Pages. ONE-E1j Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIG_ HTTHUMSPRINT, OF SIGNER 02007 National Notary Association- 9350 Do Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402-www.NationatNotary org Item ff5907 Reoder:Call TOO -Free 1-800.876.6827 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 her ee I , 'by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and 1 � � � �c�torpey�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 pursuanlirrts,sl� pon said Company, as fully and amply, to all intents and purposes, as if th��-1��1 e l 6 ged by the regularly elected officers of the Company at its office in Ball' r0 their rse�. This power of attorney revokes that issued on behalf of Owen M. BR C latad ruarvd:ni l(t r" The said Assistant 'Sfi Section 2, of the By-L IN WITNESS WIi4 affixed the Corporate December, A.D. 2004. ATTEST: '0 9fPps/ r J _ O O J �ogf�y T W ,may � 19w T rtlf� that the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. ZEOF, 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 ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary i/ t"n '�'• 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, 2011 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 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 I 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, this 9 th day of JANUARY , 2008 r i�� f% t Assistant Secretary Company Profile Page 1 of 2 A 1� Yf, ,F (tProfile 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 Ines 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_coprof?p_EID=6217 1/17/2008 Company Profile Page 2 of 2 SURETY TEAM AND VEHICLE WORKERS' COMPENSATION .... ..... .. . . ........... Company Complaint Information Comp -any -Enforcement Action -Documents Company Pei--fon-nan-ce-&-Comparisoij-Data Composite Complaint Studies Want More? Help Me Find -a Comp, ny Representative in My Area Financial Rating Organizations Last Revised - December 11, 2007 03:32 PM Copyright (0 California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get—co_prof?p_EID=6217 1/17/2008 PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by ER Cert Mail F 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 NO FEE 2007000725086 08:57am 12/11/07 213 91 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: ADAMS, GOLDENWEST AND BOLSA CHICA ARTERIAL REHABILITATION PROJECT; CC# 1279, 1280, AND 1281 That said work was completed November 29, 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 November 29, 2007, 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 December 3, 2007. Director of Public orks or City Engineer 0-6 yof Huntington Beach, California STATE OF 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 December 3, 2007. Director of Publid'*oOks or City Engineer 0111ro4ly of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) '0.059-TITLE PAGE (R7/95) 3" RECEIVED BY: c--., AA." (Name) r (Date) 611, CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION T O: Shar' Freidenrich, City Treasurer FROM: r DATE: /- b SUBJECT: Bond Acceptance I have received the bonds forY1ff�1 (Company Name) Faithful Performance Bond No. -5-3 3 2: "" Labor and Material Bond No. l Oi !1 _ d� Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved f l Agenda Item No: (CounciVApproval Date) � City Cierk Vault No. #27 g:/followup/bondletter doc i � t 2 3. 4. 5. 6. 7. 8. 9. FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 0/ .•Z• f.� daM 5 �dGK n � �%�/.� `�//C p �f/r E f 4 � C� ��Pn �..fES TABLE OF CONTENTS STATE OF WORK; ACCEPTANCE OF RISK ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS COMPENSATION COMMENCEMENT OF PROJECT TIME OF THE ESSENCE CHANGES NOTICE TO PROCEED BONDS WARRANTIES Page No. 10. INDEPENDENT CONTRACTOR 11. LIQUIDATED DAMAGES/DELAYS 12. DIFFERING SITE CONDITIONS 13. VARIATIONS IN ESTIMATED QUANTITIES 14. PROGRESS PAYMENTS 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 17. WAIVER OF CLAIMS 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 20. INSURANCE 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 22. NOTICE OF THIRD PARTY CLAIM 23. DEFAULT & TERMINATION 24. TERMINATION FOR CONVENIENCE 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 26. NON -ASSIGNABILITY 27. CITY EMPLOYEES AND OFFICIALS 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 29. NOTICES 30. SECTION HEADINGS 31. IMMIGRATION 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED FEDERALLY FUNDED CONSTRUCTION CONTRACT 2 3 4 4 4 5 5 6 6 6 8 9 9 10 10 11 11 12 12. 13 14 14 14 15 15 15 15 16 16 16 17 TABLE OF CONTENTS, continued Page No. 33. ATTORNEY'S FEES 17 34. INTERPRETATION OF THIS AGREEMENT 17 35. GOVERNING LAW 18 36. DUPLICATE ORIGINAL 18 37. CONSENT 18 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 18 39. CALIFORNIA PREVAILING WAGE LAW 40. CALIFORNIA EIGHT -HOUR LAW 19 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 42. EMPLOYMENT OF APPRENTICES 20 43. PAYROLL RECORDS 20 44. FEDERAL PARTICIPATION 21 45. DAVIS-BACON ACT 21 46. DISCRIMINATION, MINORITIES, ALIENS 21 47. EQUAL EMPLOYMENT OPPORTUNITY 21 48. COPELAND "ANTI -KICKBACK" ACT 22 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 51. ENERGY CONSERVATION 24 52. HOUSING AND URBAN DEVELOPMENT 24 53. ENTIRETY 24 10 2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR 1 -7' _/ / �SR `/%tc •4 ,f�E44/a /,/, n .. �a�o%n u/� �- ��icCl /r!EhAh,/� 74 �d• . THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ,t%// ` ve "z" L-,4,7 6"g, .41� , a C1. !, 112AiL hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as /�'k41 W&,,dae /101*4 <fo•� . ,f�o�f� �//c� ��Cf -Iesl Aggff„4 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 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 agree/citywide/revisions/federal 8-05 1 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; 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 agree/citywide/revisions/federal 8-05 2 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 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 conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of 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 Dollars ($ Co. 0 / 3 . o / 3 . Qc% as set forth in the Contract Documents, to be paid as provided in this Agreement. agree/citywide/revisions/federal 8-05 3 4. COMMENCEMENT 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 �a,o Hr.ndra�d f, Ff� �,� (2 15) consecutive Y from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by 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 agree/citywide/revisions/federal 8-05 4 e 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 proposal reflecting 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 parries upon cost. and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In 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 Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement 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 Agreement price, including all change orders, to warrant such performance agree/citywide/revisions/federal 8-05 5 � � t 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 all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and 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. CONTRACTOR shall 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 working 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 fl-i/E X 17 661E 6 Dollars ($ S00•' ' ) per day for each and every working day's delay in completing the work in excess of the number of working days agree/citywide/revisions/federal 8-05 6 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 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, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed 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. agree/citywide/revisions/federal 8-05 7 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 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 to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance 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/citywide/revisions/federal 8-05 8 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder 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 schedule, 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 (100%) of 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, agree/citywide/revisions/federal 8-05 9 a if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and 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. 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. agree/citywide/revisions/federal 8-05 10 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 kind 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 approve selection of CONTRACTOR's 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 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation 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 agree/citywide/revisions/federal 8-05 11 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 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 coverage which may be applicable to the PROJECT shall be 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. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; agree/citywide/revisions/federal 8-05 12 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and 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, 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 court of 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 terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has agree/citywide/revisions/federal 8-05 13 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. 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 'h %) 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 no further obligation to CONTRACTOR. 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. agree/citywide/revisions/federal 8-05 14 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey .or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 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. 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE 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, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/citywide/revisions/federal 8-05 15 a TO CITY: City of Huntington Beach ATTN: DAVI D �/G RoNE 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: 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. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. agree/citywide/revisions/federal 8-05 16 z i 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 shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of 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 court of 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. 35. 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, irrespective of the date agree/citywide/revisions/federal 8-05 17 of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party 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. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each agree/citywide/revisions/federal 8-05 18 { worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 40. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B.. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agree/citywide/revisions/federal 8-05 19 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 45. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply agree/citywide/revisions/federal 8-05 20 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. DUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. agree/citywide/revisions/federal 8-05 21 1 i To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. agree/citywide/revisions/federal 8-05 22 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20, B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, etseq.). agree/citywide/revisions/federal 8-05 23 n 52. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parries. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parries. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parries 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 party'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. IN WITNESS WHEREOF, the parties, hereto have caused this Agreement to be executed by and through their authorized officers on 41O I/Cb96&W oL , 20 04 agree/citywide/revisions/federal 8-05 24 CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor Byilop OFy Clerk print name ITS: (circle one) Chairman/Preside tNice President APPROVED AS TO FORM: F_ LIM print name ITS: (circle oSecretary/Chief Financial Officer/Asst, e rc etary -Treasurer REVIEWED AND APPROVED: f l ity Administrator agree/citywide/revisions/federal 8-05 25 rc ,ity Attorney 1A0,�� INITIATED A AP VED: 1. /�' Director of Public Works CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside SS. On October 31, 2006 before me, Debbie A. Matsen, Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley and Thomas Toscas Name(s) of Signer(s) DEBBIE A. MATSEN Commission # 1452589 Z ; . Notary Public - California z yi : Riverside County My Comm. Expires Nov 22, 2007 OPTIONAL X personally known to me to be the person(s) whose name(s) 11/are subscribed to the within instrument and acknowledged to me that-14ekhc4they executed the same in hislhedtheir authorized capacity(ies), and that by hisLbaatheir signature(s) on the instrument the person(s) or, the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, 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: Contract, City of Huntington Beach Document Date: October 31, 2006 Number of Pages: 25 Pages Signer(s) Other Than Named Above: None. Signer's Name: Robert Bradley and Thomas Toscas 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 I. ADAMS AVENUE REHABILITATION — CC 1279 FROM MAGNOLIA STREET TO SANTA ANA RIVER STPL 5181 (157) II. BOLSA CHICA STREET REHABILITATION — CC 1280 FROM WARNER AVENUE TO RANCHO ROAD STPL 5181 (158) III. GOLDENWEST STREET REHABILITATION - CC 1281 FROM WARNER AVUENE TO MCFADDEN AVENUE STPL 5181 (159) 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 215 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 C-1 t 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 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 `?�MDUS �OVbin the amount of $ 16 o 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: Date Received B-� .MR ���%'� Omem C-2 SECTION C PROJECT BID SCHEDULE CASH CONTRACT Nos. 1279,1280, & 1281 I. Adams Avenue, CC-1279, STPL-5181 (157)..................... (See C-2.2 thru C-2.5) IL Bolsa Chica Street, CC-1280, STPL-5181 (158) ............... (See C-2.6 thru C-2.10) III. Goldenwest Street, CC- 1281, STPL-5181 (159) ...................(See C-2.11 thru C-2.14) PROJECT BID: TOTAL AMOUNT LUMP SUM BID IN FIGURES: TOTAL AMOUNT LUMP SUM BID IN'WORDS: C-2.1 I ADAMS AVENUE REHABILITATION CC NO. 1279 STPL - 5181 (157) C-22 PROJECT BID SCHEDULE Adams Ave., CC-1279 Itetri:: str iate .:::::::::::::: Ite�ii: a�tti: tin>Ef::rLce:::::::::.:;:::;:;:::;:::::;:::;::::;:::..... P............ ......::::: Uiti>tf Prtc ...... :o...: tam .0 1 1 L.S. Mobilization @+hi)A:- ITDollars Cents Per L.S. 2 1 L.S. Traffic Control Plan / / @ Eke. "f"Vt Dinner' �F eye hyjzeiY Dollars Cents Per L.S. 3 1 L.S. Furnish Project Traffic Control @ pn�l�ia.� i�r�Crr� it r,1` ra_-,2re .1 Dollars $ D 2 $ 13o 110Z- �.y,r Cents Per L.S. 4 65302 S.F. Cold Milling & Header Cutting @ Dollars TA',,e nj?;x-f,S Cents $ Per S.F. 5 20576 S.F. Surface Grind @ Dollars ?1 d )r -t pp d ue, Cents Per S.F. 6 6499 C.Y. Unclassified Excavation @ 44C nl x kt" Dollars $ _ $ Cents Per C.Y. 7 12708 Ton ConstructAsphalt Concrete (0.17', 0.33' & 0.83' Full Depth) @ ii4y SPdf'.rl Dollars $ $ Cents Per Ton 8 8143 Ton Construct Asphalt Concrete (0.17' ARHM Overlay) @ ek Sw �rfY �- Dollars $ � $ W35 3 Cents Per Ton 9 30 Each Adjust Sewer/Storm Drain Manhole to Grade @Seee,, Ptryllx`j 0,1,1 t'K Dollars _ $ 750.—" $ ,9,9S Cents Per Each 10 49 Each Adjust Water Valve to Grade 1 ��' ( �Dollars @ �tll6 0 1 $ ' � $ S �% Cents Per Each M C-2.3 PROJECT BID SCHEDULE Adams Ave., CC- 12,79 Item:: Ester fated >:::::::: 3te�u with: unit: rice:: :: ::::::::.. .. : P.......................:..... ::..... ::: ::::::::: .....:...:....; ...:.............. Exte>itded:::_ ........... 11 2 Each Adjust Monitoring Well to Grade @ fhkee hNrtdk,'t 1 Dollars Cents $ 300 Per Each 12 1 L.S. Traffic Striping/ @ z� 'fw 2or+sp r %�i�l �rt"/,,, / Cwi,,/Dollars $ Cents Per L.S. 13 117 Each Traffic Loop @ fw4 1 Dollars $ 1019. $ 3 OD Cents Per Each 14 525 L.F. Remove & Reconstruct Curb & Gutter @ fe- y Dollars $ 4/0• $ Cents Per L.F. 15 4666 S.F. Remove & Reconstruct Sidewalk @ 5?yf° ► Dollars $ -7. $ .3Z 6,6�- Cents Per S.F. 16 1 L.S. Remove & Reconstruct Parkway Culvert @s c�%1G ��d S�f �tG(yi bP� Dollars $ 6O 0 $ Cents Per L.S. 17 4 Each Remove &Reconstruct Access Ramp @hub l yh W5a,d� •f J?Ur2WJ?_W Dollars $ � $ CGS Cents Per Each 18 13 Each Construct Truncated Domes (On Existing Access Ramp) @ 51)( hgnel'e'jDollars $ $ % Cents Per Each 19 27 Each Survey Monumentation @-�hre-e dllri9/,t eef Dollars $ _360, ._- $ "Y� Cents Per Each 20 1 Each Adjust Survey Monument to Grade @1YEyCYtLYe1 Dollars $[�D. — $ 30fJ Cents Per Each C-2.4 PROJECT BID SCHEDULE Adams Ave., CC-1279 ............... ...... ............. ........... ''** ........... exhl: Stume ...... ded: .......... ........... ..... .. ........... ..... ....... .. .................. .... . ...... .. ..................................... ....... 21 5 ;re"77'oe Tree and Grind Each @ Dollars -- f Cents Per Each Total Amount Bid in Figures: $ c/1 0/017- Total Amount Bid in Words: I'd e lfw-54'1"'ol - . — ----- i�t� ✓-? �n.? ----------- --------------- 0.pe-IM� - PIO n?ll Yl �7 i;- C-2.5 BOLSA CHICA STREET REHABILITATION CC NO. 1280 STPL - 5181 (158) C-2.6 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 terii:: �Io,: st�rziatecfi Quan. rty ::::: ::::::::: Ifi. . ... the un�t:prLce::::::::::: ;:::::::::::: _ ............. :::::::::::::.::Exceeded:: LIn>t : 1 1 L.S. Mobilization @ -'/ . U?V1 ±" 40,r dl�YP/'^ Dollars $ _ $ 0 // Cents Per L.S. 2 1 L.S. Traffic Control Plan @ NkAew Dollars $ Cents Per L.S. 3 1 L.S. Furnish Project Traffic Control @ wu " Dollars 6,y iVv n ve avid 5�,f-Y (,W Cents $ �r $ /2 ° Per L.S. 4 132088 S.F. Cold Milling & Header Cutting @ Dollars $ ` .Z S $33,0 t ,: �-� ue Cents Per S.F. 5 4965 C.Y. Unclassified Excavation @iris/L' Dollars $ $ % Cents Per C.Y. 6 9648 Ton rAsphalt Concrete (0.33', 0.50' & 0.83' Full Depth) Construct @ �'Ik��l �eyeV) Dollars $ ��!' $ Cents Per Ton 7 13197 Ton Construct Asphalt Concrete (0.17' ARHM Overlay) @ S�v�yt `�- Dollars $ % $ Sg % Cents Per Ton 8 37 Each Adjust Sewer/Storm Drain Manhole to Grade @ 58g� IAw-JVej nod J�4-1 Dollars $ 730- � ' $ c 2 Cents Per Each 9 11 Each Adjust OCSD Manhole to Grade @ 01q AU --A n .1 Vi ue )Att p?j 0,0) Dollars Cents Per Each 10 90 Each Adjust Water Valve to Grade @ C�" >,{V1.tjY'ed atnQ -�ei' Dollars Cents Per Each C-2.7 PROJECT BID SCHEDULE Boisa Chica St., CC-1 280 Item:: No: Estimated:: Quantity Item with un�t:price::: written to words::. unit Price.: ` Extended `Amount 11 3 Each Adjust Traffic Pull Box to Grade @ 'fi-+e \'\uv��IYPcI �l i t�f Dollars $ YZX " $ Cents Per Each 12 8 Each Adjust Monitoring Well to Grade @ -AW ee 1n Akei Dollars $ 3ao $ a bo Cents Per Each 13 1 L.S. Traffic Striping @ i / S�iX 1CixScvinci Dollars $ OCO _ Cents Per L.S. 14 132 Each Traffic Loop @ -�—Mo VAhJyfcl Dollars Cents Per Each 15 290 L.F. Remove & Reconstruct Curb & Gutter @ kylo Dollars Cents Per L.F. 16 6 L.F. Remove & Reconstruct Median Curb(('_ @ hf �{1 1ttiP�i W �FI'CCPh Dollars $ $ Cents Per L.F. 17 4002 S.F. Remove & Reconstruct Driveway (8" Thick) @�Q�tt° Dollars l� Cents Per S.F. 18 8785 S.F. Remove & Reconstruct Sidewalk @ ��� Dollars $ s $ Cents Per S.F. 19 6307 S.F. Construct Sidewalk (see Section 303-5.9) @ Dollars $ �7 — $ l/ Cents Per S.F. 20 2 Each Remove & Reconstruct Parkway Culvert @ SIX "yt%A-ari Dollars $ ( 000 $ dloz) Cents Per Each C-2.8 '�G PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 tem:: EstimatedT.:: Qaanti<ty. ;: ;:::: >::: Ifie�n:witti: �iu�t:pr>lce::: ;:: :;:;;.:::: ........................... ................ »::�::::>::.vteii'.n:r.o;rds:�`::::::::: `::�::�:::::::�::�:::.: ;;;»::::: < `f e:::::: Un>r . Pr>lc....... : ;>Extend�d:: : o.... any .0 Int.:: 21 10 Each Remove & Reconstruct Access Ramp @- wi)—low Ejryj9- VLtJJLOA Dollars $ f190 $ —� U Cents Per Each 22 23 Each Construct Truncated Domes (On Existing Access Ramp) @ 'Sl k Vym;spa Dollars $ Q' . _ $ O',C_ Cents Per Each 23 2 Each Pedestrian Push Button Relocation (Includes new posts, conduit and appurtenant work. (See Bolsa ChicaySheet 6) @ -��,c lrwv�cg �,u1n VV1'JVPJ Dollars Cents $ Z2 et fn $ S&00 Per Each 24 13 Each Survey Monumentation @ 1 A\'re KLM'Ved Dollars $ 300• $ 31I00 Cents Per Each 25 3 Each Adjust Survey Monument to Grade @ -Awee i�t�yQ� Dollars $ 300• $ 90ho. _ Cents Per Each 26 65 Each Remove Tree and Grind d � @ El Akndfe I CtVJ1 :A It Dollars Cents $ 5570. $ Per Each 27 4 Each Construct New 6' Tree cWell (Includes Sidewalk Removal) @ :*,ee Dollars $ 3to. $ � Cents Per Each 28 5 Each Construct New 30' Tree Well (Includes Sidewalk Removal) @ V\"r-f yuY1 VCJ Dollars $ 00. — $ Cents Per Each 29 80 Each Furnish and Plant New 24" Box Tree (See Appendix III, Project Tree Species Palette) @1 uClr�C °>� Dollars $ SOD. Cents Per Each 30 1 L.S. 90 Day Plant Establishment and One Year Maintenance @ rev, Agwsa Dollars $ /0060 $ /0� Cents Per L.S. C-2.9 PROJECT BID SCHEDULE Bolsa Chica St., CC-1-280 .. .......... ... . .. .. . .. ......................... ...... . ............ . ...... . . ...... ..... No ............... .. . .. ....... . ... ...... :U. hit AbOunt:... Total Amount Bid in Figures: $ Total Amount Bid in Words: .......................................................................................................................... C-2.10 GOLDENWEST STREET REHABILITATION CC NO. 1281 STPL - 5181 (159) C-2.11 PROJECT BID SCHEDULE Goldenwest St., CC-1 281 item: No,- Est�mafed;-::. Quaut,ty Ifie�n wit uuEf,:price... :::.: wrrtten kn wv�rds Unif Extended :: 1 1 L.S. Mobilization @. i j �_ Dollars $ U ` $34W� Cents Per L.S. 2 1 L.S. Traffic Control Plan @ 1U e UeJ2-t-.uv.'. a VL ti. tu", Ile Dollars Cents Per L.S. 3 1 L.S. Furnish Project Traffic Control @6°uta4 yi ,,C 4m5ctntl + Ztl�na��ce Dollars $ 1 J.5 $ % b.ul-tzJs�„-f�/ �hr�f Per L.S. 4 67714 S.F. Cold Milling & Header Cutting @ Dollars $ �`wr're fi '� Ve Cents Per S.F. 5 5191 C.Y. Unclassified Excavation @ -f1,�'r % Dollars s� Cents Per C.Y. 6 10091 Ton Construct Asphalt Concrete (0.33' & 0.83' Full Depth) @ Dollars Cents Per Ton 7 7862 Ton Construct Asphalt Concrete (0,17' ARHM Overlay) @ve®se7t r�L Dollars Cents Per Ton 8 7 Each Adjust Sewer/Storm Drain Manhole to Grade Dollars $ 750` $ � Z5 Cents Per Each 9 17 Each Adjust OCSD Manhole to Grade p @ O,a Dollars $ % $ s�'1 Lrr f ��f ")` ve Cents Per Each 10 42 Each Adjust Water Valve to Grade @ ap 4r Dollars Cents Per Each I C-2.12 PROJECT BID SCHEDULE Goldenwest St., CC-1281 ItemEstiriiated:� No : ............................................. Qnant� ty ::::::::::::::: Ifiecu'with>unEt: rice:::.::::::.:.:.::..:..... ;:::::: P ..............................:.:........ ............................ written i>�:wvrds .:: »: >:::: ....... ............... ' e:::::::::.... [knit Prrc.......km..unt:: xtended::::: o:.. 11 2 Each Adjust Monitoring Well to Grade @ 'Mrec lnu�ej Dollars $ 360' $ Cents Per Each 12 1 L.S. Traffic Striping @ :V Ord -e n TtvC Dollars $ avid ikty %r Cents Per L.S. 13 94 Each Traffic Loop @ -h—o Dollars $ $1z Cents Per Each 14 830 L.F. Remove & Reconstruct Curb & Gutter Dollars $ 4/0- $ 33"� Cents Per L.F. 15 3229 S.F. Remove & Reconstruct Sidewalk @ 5overx Dollars $ $ _ 2,p (Q05 Cents Per S.F. 16 32 Each Construct Truncated Domes (On Existing Access Ramp) @ Sifc "tell Dollars $ (_ev• $ Cents Per Each 17 12 Each Survey Monumentation @ "fliree N4adrej Dollars $ j6. $ &06 Cents Per Each 18 21 Each Remove Tree and Grind @�Dollars Cents $ SSD=� $ A' '5_Sb Per Each 19 5 Each Construct New 6' Tree Well (Includes Sidewalk Removal) @'ft'6 aa#el SPUGh�v10Dollars Cents $ a;7S• ^ $ Per Each 20 10 Each Construct New 30' Tree Well (Includes Sidewalk Removal) @ NO,' tWA067a Dollars $ 9bt�x Cents Per Each C-2.13 PROJECT BID SCHEDULE Goldenwest St., CC-1281 lterw: 1'�0. Estimated :: Qaant><ty Ifiefin:with :unk.:p0ce: ' . written in wo�•ds. Unit:PriGce : Exten e8 ;: Amount 21 39 Each Furnish and Plant New 24" Box Tree (See Appendix 111, Project Tree Species Palette) y @ 1 (vP �ci��v�e�l Dollars $ J�' $ fq 3- Cents Per Each 22 1 L.S. 90 Day Plant Establishment and One Year Maintenance @ &4 Ah Dollars iC Cents Per L.S. Total Amount Bid in Figures: $ j 15-- j -- -__._.Total Amount Bid in Words___one._> _ 1�__ P v► i_ �.dee_ ____________ Ye G{Ytd <�q "4&wrtYs Lica V14 � $_ C-2.14 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 c ss C. ea CI'L Ca0 sT 3 0 �- W Svr�yl ills S ve iy !07/ it cP. �'rK� _tKfa`�%b ae 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 of44 a Vcv M0 20�2� &AjajjV , being first duly sworn, de oses and says that he op -she is V(C,C 29 05f DGLT of Au 1*6uC) 11krthe 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, fiirther, that the bidder has not, directly or indirectly, submitted his er- 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. BRENDA L. ROYSTER Commission # 1381765 Z -�' �. Notary PubUc - C01WOM10 Orange CoLI My Comm. E)#w-A20na Att 1w6vc�ASPwr Name of Bidder i Signatureof Bidder 0' J IRV ?b 62� -C-C'COLA 4 CA 9 a%-206- aza� Address of Bidder Subscribed and sworn to before me this i -3tl`day of/ , 200. NOTARY PUBLIC 11qlJ 1 tilC I OZIM L C-4 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: C i 31 a J Contractor W 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<o 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: /V) / 31 c3(.C.fO Contractor Title AeLT 16Coto LCE c-7 v � r 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: RAW, ILWININIPT-gle) gy --� Pta>(ooiT Title Date: 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: Au A-i4-GuQw AswA-u7- Bidder Name Business Address 0-'D iLo C4 City, State Zip -7 4 Telephone Number State Contractor's License No. and Class 1—(9--71 Original Date Issued 1-31-Ole Expiration Date The work site was inspected by l.E ku 0,- of our office on /3 , 200_�p The following are persons, firms, and corporations having a principal interest in this proposal: 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. Company Name Signature of Bidder Printed or Typed Signature (�� Subscribed and sworn to before me this % "may of OC, 200(. NOTARY PUBLIC U NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Telephone No. of Project Manager: Contract Amount Ty ork Date Completed 2. Name and Address of Public A Name and Telephone No. of P ject Manager: Contract Amount Type of Work Date Completed 3. Name and Ad ess of Public Agency Name and elephone No. of Project Manager: Contract Amount Type of Work Date Completed G10 u2005» PAST WORK REFERENCES City of West Covina 1444 West Garvey Avenue West Covina, CA 91790 Contact: Sam Guittierez, (626) 939-8734 City of San Clemente 910 Calle Negocio, Suite 100 San Clemente, CA 92673 Contact: Akram Hindiyeh, (949) 361-8200 -City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 Contact: Theresa Tran, (714) 898-3311 City of Orange 30U E. Chapman Avenue Orange, CA 92866 Contact: Alan Truong, (714) 744-5573 City of Garden Grove 11222 Acacia Parkway Garden Grove, CA 92842 Contact: Navin Maru, (714) 741-5180 Street Rehabilitation at Various Locations Contract Amount: $709,500.00 Completed: 6/30/2005 Start: 2/1/2005 Calle Del Cerro. Street Rehabilitation Contract Amount: $522,000.00 Completed: 9/30/2005 Start: 7/l/2005 03/04 Citywide Street Improvement Project Contract Amount: $1,199,567.00 Completed: 2/16/2005 Start: 8/2/2004 Annual Street Maintenance Contract Amount: $1,369,798.00 Completed: 4/1/2005 Start: 9/3/2004 Euclid Street* Harbor Blvd. Contract Amount: $1,972,000.00 Completed: 9/30/2005 Start: 8/l/2004 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION bidderThe i!%� CXW 1 i hereby certifies that he has-, nat , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and ,subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 C-11 March 15, 2001 Local Assistance Procedures Manual EXHIBIT 121E PS&E Checklist Instructions Attachment G DISCLOSURE OF LOBBYING ACTIVITIES CUMPLEIL THIS FORM 1U DISCLOSE L01313Y1N(i AC11Vf11h; i PURNUANI lU 31 U.NAI;. 13JG 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. b. grant b. initial award b. c. cooperative agreement c. post -award d. loan For Mnly: e. loan guarantee year/_ f, loan insurance d 4. Name and Address of Reporting Entity Prime ❑ Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 5. If Reporting Entity i o. 4 is. Subawardee, Enter Name and A dress of Prime: C/deralProgram District, if known 7. F Name/Description: CFDA Number, if applicable S. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobby Enti b. Individuals Performing Services (including (If individual, last name, first n MI) address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment heck all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one-time fee 12. Form of Pay ent (check all that apply): c. commission 8 a. h d. contingent fee Payment specify: nature a deferred 14. value Lj f. other, specify Description of Services Performed or to be performed and Date(s) of Service, including r(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheets) attached: Yes No n 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signal was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 Print l U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than $10,000 and not more than //�� ��/I 1 / ,�� $100,000 for each such failure. Telephone No.: qS1* �36 [ ��(� Date: Authorized for Local Reproduction Federal Use Only: Standard Form - LLL Standard Form LLL Rev. 09-12-97 Page 12-87 LPP 01-04 C-12 March 15, 2001 EXI£IBiT 1;-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 C-13 LPP 01-04 Local Assistance Procedures Manual EXHIBIT �12-E PS&E Checklist Instructions Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90cENDIF» Page12-89 LPP 01-04 C-14 March 15, 2001 o Fidelity 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND BOND NO.085 97 423 , as Principal, (hereinafter called the "Principal'), 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 City of Huntington 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 Adams Avenue, Bolsa Chica Street and Goldenwest Street Rehabilitation, Project # CC-1279/1280/1281 Bid Date: October 17.2006 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 12th 9 Witn ss day of October A.D., 2006 ALL AMERICAN ASPHALT (SEAL) Principal FIDELITY AND DEPOSIT OMPANY OF MARYLAND r` `+ B ` (SEAL) Witness WEN 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. BID7000OZZ0701f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside Ss. On October 13, 2006 before me, Brenda L. Rooster, Notary, Date Name and Title of Officer Personally appeared Robert Bradley Name(W of Signer -- — — BRENDA L. ROYSTER Commission # 1381765 z Notary Public - California Oronge CotWVIf My Comm. E0es 2 OPTIONAL X personally known to me —}9roved-t®-+tee-eR-t#te--basis-ef satisfac•evid®ase to be the person(f) whose name(0- is/subscribed to the within instrument and acknowledged to me that he/spy executed the same in his/hieir authorized capacityo,Vt and that by his/heir signature n the instrument the person 4- or, the entity upon behalf of which the person(§ )— acted, executed the instrument. WITNESS my hand and offs i^f�1, 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: Bid Bond -City of Huntington Beach Document Date: October 12, 2006 Number of Pages: 3 Signer(V(Other Than Named Above: Owen M. Brown Signer's Name: _Individual XCorporate Officer Title(A-r: Vice President _Partner- Jimited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here State Of Qftflft �^""...7 of ORANGE ss- On 10-12, 06 betwe me, BARMA 3- RMMn awe wm..natraaramoKisa :a�sa�a emnr 7 persons* appeared OWU M. BROAN d BARBARA J. BENDER Commission # 1494946 qAMy Notary Public - CaliforniaOrange County Comm. Expires JW 13. 2(08 - , �', ) =40, OPTION4L 7?wu 1, uae k>>omugon betty is aW naked by Aw a aWpmw to perms M4&V on ft dogsnent and aoWfdPWmW kmrdrdW nwwWand d of a* loan to am~ doaaneM. 17:.. ,L, r. ,., Tide or Type of Document BID BOND Document Date 10t.12-06 Number of Pages: i SWner(s) Other Than Named Above: ALL AMERICAN ASPHALT CapaclWlm) Claimed by Signer Signers Name: 0v= X • BROW! O IncMdual TOO d 0=6 hm ❑ Corporate OWKw—Tiue(s): ❑ Partner — ❑ Limited O General ey4n-Fact O Trustee 0 Guardian or Conservator O Other: Signer is �m1g: FIDffi.ITY AND DEPOSIT CUTfP d�N Y OF MARYLAND 019991/a�ntl Naary Aood�on • 9890 D� 9Alo AM» PD agx29,2 • attl�oIQ6 G91919a1Q2• Poo& U& Sw PAORIM Cal TWM 1400 7 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 leis by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act at kings, and the execution of such bonds or undertakings in pursuan - p s, s O on said Company, as fully and amply, to all intents and purposes, as if th xe ged by the regularly elected officers of the Company at its office in Bal ' � heir r r This power of attorney revokes that issued on behalf of Owen M. B.RON at �ruarvrxl}I sl� The said Assistant Sk Section 2, of the By - IN WITNESS WII affixed the Corporate December, A.D. 2004. ATTEST: �p DUO, �, l390 i p`h.na jj�rtify'that the extract set forth on the reverse side hereof is a true copy of Article VI, , and is now in force. 2EOF, 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 City of Baltimore ss: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary 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 S, 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 10th 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 12th day of October 2006 Assistant Secretary t City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For I. ADAMS AVENUE REHABILITATION, CC-1279, STPL 5181 157 II. BOLSA CHICA STREET REHABILITATION, CC-1280, STPL 5181 058) III. GOLDENWEST STREET REHABILITATION, CC-1281, STPL 5181 0 5 October 9, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: Geotechnical reports for Adams Avenue, Bolsa Chica Street, and Goidenwest Street, within the project limits, are available for review at the City of Huntington Beach Public Works counter, This is to acknowledge receipt and review of Addendum Number Two, dated October 9, 2006. � �� Company Name y P�t37L� �Q #� t ✓t C.0 Paes(061 10-ia-o6 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 636-5431. 2.01 ELS 1 4LE * 1 L sAjoN o f i qnd eSZ r 60 90 21 200 To: UUMUME14AUZB MURUUM91 ELUM r ,t t Date: 10/06/2006 8:08:47 AM From: City of Huntington Beach, Jo Claudio Subject: Addendum Number One To: Debbie Matsen - All American Asphalt Fax: (951) 739-4671 Phone: (951) 736-7600 Project Information• Project Name: Adams Ave., Bolsa Chica St., & Goldenwest St. Rehabilitation Project #: CC-1279/80/81 Location: City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For I. ADAMS AVENUE REHABILITATION, CC-1279, STPL 5181(157) II. BOLSA CHICA STREET REHABILITATION, CC-1280, STPL 5181 (158) III. GOLDENWEST STREET REHABILITATION, CC-1281, STPL 5181(159) October 6, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: I. Adams Avenue Rehabilitation, CC 1279, from Magnolia Street to Santa Ana River, STPL 5181 (157); II. Bolsa Chica Street Rehabilitation, CC 1280, from Warner Avenue to Rancho Road, STPL 5191(158); and III. Goldenwest Street Rehabiliation, CC 1281, from Warner Avenue to McFadden Avenue, STPL 5181(159) shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED SEPTEMBER 29, 2006 The Federal Labor Rates dated SEPTEMBER 29, 2006 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated October 6, 2006. To: C50C8A0528E79A02822880JZ0081691 F ow LClluanacuaw, Company Name By Alt Date 10 - to - All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. GENERAL DECISION: CA20030035 09/29/2006 CA35 Date: September 29,2006 General Decision Number: CA20030035 09/29/2006 Superseded General Decision Number: CA020035 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 06/ 13/2003 101/30/2004 2 03/05/2004 3 04/02/2004 4 05/21/2004 5 07/ 16/2004 6 08/27/2004 710/08/2004 8 01/14/2005 9 01/28/2005 10 02/11/2005 1104/08/2005 12 04/22/2005 13 06/ 17/2005 14 07/22/2005 15 08/05/2005 16 08/19/2005 17 09/09/2005 1811/18/2005 1912/02/2005 2012/23/2005 21 02/03/2006 22 02/ 10/2006 23 03/ 17/2006 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signingidating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sh ' Freidenrich, City Treasurer FROM: DATE: �- %4 /6 -C SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. (Company Name) 5 3 3 �. 0 6 3 -- CC No. MSC No. Approved 4 A Agenda Item No. _ (Counci Approval Date) City Clerk Vault No. #27 g:/followup(bondletter.doc k EXECUTED IN TWO (.2) PARTS Boi id No. 0.88. 53 327 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, b;i written agreement dated 20®, entered into a contract with ALL AMERICAN ASPHALT 400 EAST SIXTH STREET CORONA, CA. 92879 (name and address of contractor) (hereinafter referred to as "Principal"), for performance of the work describE,1 as follows: ADAMS AVENUE, BOLSA CHICA STREET AND,GOLDENWEST STREET REHABILITATION; CASH CONTRACT NUMBERS 1279_,1280, 1281 (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 II )rth herein in full. WHEREAS, said Principal is required under the terms of the Contract to fum sh a bond guaranteeing the prompt, full and faithful performance of said Contract. AZFg VED AS TO FO NOW THEREFORE, we, the undersigned, as Principal, and J McGRATH, i Atto.ney FIDELITY AND DEPOSIT COMPANY OF MARYLAND 801 NO. BRAND BLVD, GLENDALE, CA. 91203 (name and address of Surety) (a duly admitted surety Insurer under the laws of the State of California and hi ireinafter referred to as "Surety"), as Surety, are held and firmly bound unto City In the penal sum of t s' T. -- Dollars ($ , 013 , O ),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 vi hich sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and . ,uccessars, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal c hall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be doi ie and performed bythe Principal in strict accordance with the terms of the Contract as said contract me ry be altered, amended or modified from time to time; and if the Principal shall indemnify and save 1• armless City and all of City's officers, agents and employees (hereinafter collectively referred to as "(: •bligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and col is of every description, whether imposed by law or in equity, which may be incurred by the Obligees bra reason of the failure or dfLfk4ftp11tb.e part of the prinri►L;t ;n ti n ,npFf i ca of 3Q Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwis r, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the times or price in the Contract or any alteration, change, deletion, addition or other modification to the Cons act, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release: the obligations of the Surety tinder this Bond. Surety waives notice of any adjustment of contract tim, � or contract price, and ms9i.� PI: RFORMANCE BOND Page I of 2 Ho id No. 088 53 327 any 'other alteration, change, deletion, addition or other modification to the C; )ntract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not le.: s 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 describe: d in the Contract as to all obligations and liabilities of the Principal which survive completion of the wo it. IN WITNESS WHEREOF, each party represents and warrants that this in strument has been duly executed by Principal and Surety, on the date set forth below, that the namt: of each corporate party b" a iived fi+tret'o'is sooh, vwtq';s Tnvper -iegul'na me and that the lndivlduai 3 stgritng ails Instrument have been duly authorized pursuant to the authority of its governing body. SL rely, by execution of this bond, waives any defense which Surety has or may have by reason of any • ailure of the Principal to execute or properly execute this bond. Dated: N0'VEMBER_6, 2006. ATTEST ALL AMERICAN ASPHALT (Corporate Seal) (Principal K ame) By / Na e: n Title: ft (-e� ATTEST (Corporate Seal) (Attach Attomey-in-Fact Certificate) FIDELITY AND DEPOSIT COMPANY OF MARYLAND M. BR0T1N, TTORN_— — _ re of Attorney-! i-Fact for Surety) ( 818) 409-2800 (Area Code & TQQlnphone Nuui nber of Surety) Agent; 714-935-1112 APPROVED AS TO FORM: JYennIfer UNTINGTON BEW H Y)" Mc ath �/1SJU Attomey Note., this bond must be executed /n duplicate and dated, all s/gnatures must be notarized, anr. evidence of the authority o/ any person signing es attorney6in-tact must be attached. 277591.1 K I FORMAWX 8&40 Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside SS. On November 6, 2006 before me,Donna Thorne, Notary Public Date Name and Title of Officer Personally appeared Robert Bradley Name(s) of Signer(s) DONNTORNE T;ZZ60�Com—m—WIFnF16-570-59— Nolay PubW - CcNtanb Rhrerslde County 16,WCWM.EXP4MM0Y6.2014 OPTIONAL X personally known to me _proved to me on the basis of satisfactory evidence to be the person(A whose name() is/are subscribed to the within instrument and acknowledged to me that he/sltefthreq— executed the same in his/beauthorized capacity(iLr, and that by his/her/thVr signaturen the instrument the person) or, the e tity upon behalf of which the per on(�) acted, executed the instrument. WITNESS my hand and official seal, oC�-4Zn/iZdL. 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 No. 088 53 327 Document Date: November 6, 2006 Number of Pages: Two (2) Signer(s) Other Than Named Above: Fidelity & Deposit Co. of Maryland Signer's Name: Individual XCorporate Officer Title(s): Vice -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 10-31-06 Date before me, BARBARA J. BENDER Name and Title of Ofrmr (e.g., •,lane toe, Notary Pubic*) personally appeared OWEN M. BROWN , Nam(s) of Sorer(s) jjpersonally known to me BARBARA J. BENDER ` i_ Commission # 1494946 _..� Notary Public - California Orange County My Comm. Expires Jul 13, 2008 IW4RBARA J. BENDER Can mtsaion # 1494946 .e; NOICKY- dargs Canty t1lglCoaan. Expi)etJul ls. to be the person(*) whose name($ isAW subscribed to the within instrument and acknowledged to me that heAllIkUr executed the same in his/01110t authorized capacity(404, and that by hisANNOM signatures on the instrument the person(@), or the 96upon behalf of which the person(to OPTIONAL Of Though the infom►ation 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 documenL Description of Attached Document Title or Type of Document: PERFORMANCE BOND NO. 088 53 327 11-6-06 TWO (2) Document Date: Number of Pages: Signer(g) 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 — Tdle(s): ❑ Partner — ❑ Limited ❑ General �.j Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: FTRELTTv Amp mrpOSIT COMPANY OF MARYLAND 0 /999 National Not" Association - 935o De Sow Ave., P.O. Box 24M - Chatsworth, CA 91313-2402 - www.nafimW*tM.org Prod. No. 5907 Reorder. Call Toll -Free 1-BOG-876-6827 EXECUTED IN TWO (2) PARTS Bond No, 088.53 327 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of tiurOnMoc Read "Qi ,")•. aas z rded •to ALL AMERICAN ASPHALT f 40.0 EAST SIXTH.STREET, CORONA, CA. 92879 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work di !scribed as follows: AD6MS A�ZF.NITR, 'ROT_SA CT31CA STRRET O) C10TQFNWTr.ST �TRF.F.T, j�R�jABTT.TTATT(1N CASH CQNTRACT NUMBERS 1279 1280 1281 (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 otl ter persons as provided by law. pPP �VED S TO F RM NOW THEREFORE, we, the undersigned Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLANDJENNIFER McURATM QV sortie/ Y 801 NO. BRAND 13LVD, GLENDALE, CA. 1203 (name and address of Surety) (a duty admitted surety insurer under the laws of the Slate of Catffarnia eni i hereinafter refereed to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of SIX MILLION, THIRTEEN THOUSAND, THIRTEEN AND NO/100thE---T- -- dollars, ($ 6,013,013,00 ti this amount being not less than one hundred percent (100%) of the total price set forth in the Cori ract, in lawful money of --the United -States-of-Amarit a;-for-t I an , we bM oursetves, 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 shal fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") fir all tabor, materials or services used or reasonably required for use in performance of the work dts scribed in the Contract, or any amounts due under .the Unemployment Insurance Code with re. -pact to work or labor performed by any such Claimant, or prevailing wages due and penaltle s incurred pursuant to Sections 1774, 1776, 1813 or 1815 of the Labor Code, or any amounts ni quired to be deducted, withheld and paid over to the Employment Development Department from Vie wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Ur employment Insurance Code with respect to the work or labor performed under the Contract, Surel y 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 Sectim i 3181 of the California Civil Code so as to give a right of action to such persons or their assign., In case any action is brought upon this bond. Surety further agrees to pay all court costs and a re ssonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extent: ion of time, alteration, addition or modification to the. terms of the Contract, or any contract docur lent or any work to be performed thereunder, whether made after notice or not, shall in any way ffect, impair ��or�release tho ebljgationA Af Riina�fder this, Mad iteply e rah, woitcnntocy-of apy st�.i�rF+=hapge, :97519.1 PAYMENT BOND 'Page I of 2 Bond No.0.88 53 327 extension of time, alteration, addition, or modification to the terms of th• � Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849, iN VATWE3133 -fv"rt0:t0- , each p" represents and warrants that this ImArument has been ddiy executed by Principal and Surety, on the date set forth below, that the namt: 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 gov 3ming 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: NOVEMBER 6, 2006 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) ALL AMEgIQAN ASPHALT (Principal Name) FIDELITY AND DEPOSIT COMPANY- OF MARYLA.ND BY, asp-- Nami nf,,,RN M R� Sara , ATT0RN=.-,JN_rjWT '(Signature of Attomt: y-in-Fact for Surety) (.81 40912800. (Area Code & Teleph )ne Number of Surety) Agent; 714r,935A1112 *AP ROVED AS'M FORM: CITY OF HUNTINGTON Bl: ACH Byenmfsr ity Attorney Note: This bond must be executed fn duplicate and dated, ef► signatures must be notarized, a id evidence of the outhonly of any person $194 n9 as attorney -in -fact must be attached. PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside SS. On November 6, 2006 before me,Donna Thorne, Notary Public Date Name and Title of Officer Personally appeared Robert Bradley Name(s) of Signer(s) DONNA THORNE Commission * 1657059 Nokuy RAft - Caubmia RNefaide County 1@,MVComm. 8q*9s Moy 6. 201 OPTIONAL X personally known to me _proved to me on the basis of satisfactory evidence to be the person whose name( is/are subscribe to the within instrument and acknowledged to me that he/shefthey— executed the same in his/hefi#v®i;-authorized capacity(' nd that by his/ MerfHieii— signature ) on the instrument the person or, the a sty upon behalf of which the per on( acted, executed the instrument. WITNESS my hand and official seal, 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 No. 088 53 327 Document Date: November 6, 2006 Number of Pages: Two (2) Signer(s) Other Than Named Above: Fidelity & Deposit Co. of Maryland Signer's Name: Individual XCorporate Officer Title(s): Vice -President _Partner- Jimited _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 10-31c-.06 before me, BARBARA J • BENDER Date Name wid Title of Officer (e.g.. `Jane Doe, Notary Pallid) personally appeared OWEN M . BROWN , Nam(s) of signarfs) ii BARBAMA J. BENDER ' Commission# 1494946 14;;, Notary Public - California Orange County My Comm. Expires Jul 13, 2008 BAWRA J. BEON ER 4I,&WCoffmAVI CCII n dt,f1 # 1494946 �� cOU* esJu113. jipersonally known to be the person() whose name(s) is/ft subscribed to the within instrument and acknowledged to me that he41111111004►executed the same in his/MlIM11010 authorized capacity(WO, and that by his{rNNOW s)gna � on the instrument the person(o), or the nti upon behalf of which the person( a ed, Mix" the instrument. _ OPTIONAL Though the infonnadon 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: PAYMENT BOND NO. 088 53 327 Document Date: 11-.6-06 Numberof 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 here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General .j Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: FIDELITY AND nppOSIT COMPANY OF MARYLAND 01999 National Notary Association • 9350 Do Soto Ave., P.O. Box 2402 • Cha%vodh, CA 91313.2402 • www.nabonWnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-e769827 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 Vl, 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 here d0s: by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and 1 t �tiortic yfivQFact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act al totakings, 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 th, xec t �"ged by the regularly elected officers of the Company at its office in Bal ' heir u This power of attorney revokes that issued on behalf of Owen M. EROM04 baudr uarrv��A� The said Assistant `Si Section 2, of the By-LjEq IN WITNESS WIC affixed the Corporate December, A.D. 2004. ATTEST: 'tV DEP04 O P in* Z v-tif�lthat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. 2);0F, 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 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. 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 6th day of November 1 2006 Assistant Secretary OCT-31-2006 TUE 05:25 PM FAX NO. P, 02/05 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICI I THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THL-' INSURANCE AFFORDED POLICIES. AGGREGATE LIMITS SHOWN MAY BY THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID CLAIMS, IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH L R SR YVPE OP INSURANCE POLICY NUMBER 0 MM DCTIVYDIYy11 08/01/06 PODLAI P,(E.V TION 08/01/07 LIMITS A GENERAL LIABILITY GPPOOD872901 EACI I OCCURRENCE $1 000000 j( coMMF.RCIAL GENERAL LIn41LITY CLAIMS MADE ER OCCUR Cent. Holder Is named additional UAMAOE TO RENTED Fe o,runene 1100 000 MED EXP (Any one person) $ PERSONAL S AOV INJURY $1 000 000 insured if GENERAL AGGREGATE E2,00Q000 required by GFN'L AGGREGATE LIMIT APPLIES PER! PRODUCTS • COMP/OP AGG s2.000.000 Written Contract —T POLICY 51 jPE Loc _ 72UENOKS491 K2 Cart. Holder is 08/01/06 08/01/07 COMBINED SINGLE OMIT (Eeawdenq $1,000,000 D AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED Au rOS SCHEDULEDAUTOS named additional insured if BODILY INJURY (Poepamon) S 80oILY INJURY X MIRED AU1 oS required by K _ NON OWNED AUTOS AGE LIABILITY ANY AUTO B EXCESSAIMBRCLLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE X RETENTION :10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIA91LrrY ANY PROPRIETORNIARTNERIEI(ECUTIVE OFFICERIMEMBER EXCLUDED? OTHER 060243 fe 08/01106 108/01/07 08/01/06 108/01/07 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEM&NT/ SPECIAL PROVISIONS RE: Adams Avenue, Solsa Chico Street and Goldenwest Street Rehabilitation, Cash Contract Numbers 1279, 1280,1281 "2axp" PROPERTY DAMACE $ (Por axidonl) 716 1 AUTO ONLY -E4ACCIDFNT S on IER THAN A(c s AUTO ONLY! ACG S EACH OCCURRENCE S EACH ACCIDENT _ Sl DISEASE • FA EMPLOYEE S1 niaaAGF - oni Iry r MY ti SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL f MXK4ff" MAIL '40_ DAYS WRITTEN 2000 Main Street NOTICE TO THE CERTIFICATE NOLDFA NAMED TO THE I �rY,ymotRA1�K P.O, Box 190>NeaiKflRImsx�wgtl�ltxi�xnxxb[xotxK)lleIuceMXllaaal111eurns�xcxx Huntington Beach, CA 92648 ai wAxM N= ACORD 25 (2001/08)1 of 2 #S15095/M8668 SCOT 0 ACORD CORPORATION 1988 OCT-31-2006 TUE 05:25 PM FAX NO, P. 03/05 IMPORTANT If the certificato holder Is an ADDITIONAL INSURED, the pollcy(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 the terms and conditions of the policy, cortain 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 Tho Certificate of Insurance on the reverse side of this form does not constitute a contract between tho issuing insurer(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. AGDRP 25.5 V001105) 2 of 2 #S15095111VI8668 OCT-31-2006 TUE 05:25 PM FAX NO. P. 04/05 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 or appointed officials, employees, agents, and volunteers Project: Adams Avenue, Bolsa Chica Street and Goldenwest Street Rehabiliation, Cash Contract Numbers 1279, 1280, and 1281 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: 811 /06 00 CGL0006 00 02 04 cAMy oocswrrEndt.doc OCT-31-2006 TUE 05:25 PM FAX NO. P. 05/05 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 CGL0130 00 0104 Page 1 of 1 ,j.", � , le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 6, 2006 All American Asphalt P. O. Box 2229 Corona, CA 92878-2229 Attn: Jerry LeBouef, Project Manager Re: CC-1279/1280/1281 — Adams Ave., Bolsa Chica St., Goldenwest St. Rehabilitation 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 Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate 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, - - 1490c) Joan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) g: foilowup\cashcont\cashcon-letter. doc ( Telephone: 714-536-5227 ) Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 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 Title VH of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project') hereby certifies that it has complied with Title VH of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). 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 , 20`, at , California. (Type Contractor Name) By: Name: [Type Name] ci3RA' Title: [Type Title] E IF R ORNEX _TlJ 3•2F6-CIP 1 245911-1 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: Project: 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 20_, at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. -Tus o3' ab - (5-�p 247542.1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (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"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20� APPROVED AS TO FORM By: s11 7/0 Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 245914.1 Council/Agency Meeting Held: Deferred/Continued to: "AAp roved ❑ Conditionally Approved ❑ DeniedQ,�St C' Cler s Sii���+ `• " ---rCouncil Meeting Date: 11/6/2006 Department ID Number: PW 06-071 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL J�IIE S r SUBMITTED BY: PENELOPE CULBRETH-GRAFT, DPA, CIT DMItIISTRA OR PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC To SUBJECT: Award Construction Contract for the Adams Ave., Bolsa Chica St., and Goldenwest St. Rehabilitation Projects, CC-1279-81 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On October 17, 2006, bids were received for the Adams Ave., Bolsa Chica St., and Goldenwest St. Rehabilitation Projects, CC-1279-81. Staff recommends the award to All American Asphalt, as the lowest responsive, responsible bidder. Funding Source: Sufficient funds for this project are budgeted through Gas Tax Fund, Street Improvements, Account No. 20790008.82300. A maximum reimbursement of $2,778,715 is available through Arterial Highway Rehabilitation Program (AHRP) grant funds. The engineer's cost estimate for this construction contract was $6,469,688. The total project cost is estimated at $6,914,000, which includes supplemental expenditures, project management and inspection. 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 total amount of $6,013,013.00 for the Adams Avenue, Bolsa Chica Street, and Goldenwest Street Rehabilitation Projects, Cash Contract Nos. 1279, 1280, and 1281, respectively; 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. Approximately $2.8 million dollars in AHRP grant funds will potentially be forfeited by this action. M1 A01iI C-7 REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/6/2006 DEPARTMENT ID NUMBER: PW 06-071 Analysis: The project will rehabilitate the existing asphalt concrete pavement on: 1) Adams Avenue between Magnolia Street and the Santa Ana River, CC-1279; 11) Bolsa Chica Street between Warner Avenue and Rancho Road, CC-1280; and III) Goldenwest Street between Warner Avenue and McFadden Avenue, CC-1281. The sum of all items of work related to said streets was the basis of award of contract per the project specifications. Rehabilitation of the roadways generally includes pavement crack sealing, grinding, selective pavement reconstruction and rubberized asphalt overlay. This project also includes selected street tree, sidewalk, curb and gutter replacement, signage and striping, new traffic detection loops and adjustments of existing water valves, manholes and similar appurtenances to the new finished surface. The arterial streets included were determined by the condition rating identified in the Pavement Management Program, as well as available funding. The following bids were submitted to the City at a publicly held bid opening on October 17, 2006: Bidder Verified Bid 1. All American Asphalt $6,013,013.00 2. R. J. Noble Company $6,087,893.35 3. Sully -Miller Contracting Co. $6,156,381.13 4. Excel Paving Company $7,192,811.68 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: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): -2- 10/20/2006 9:23 AM ATTACHMENT #1 NTS PROJECT LOCATIONS O Adams Avenue (Magnolia—E'ly City Limit), CC-1279 20 Balsa Chica Street (Warner —Rancho), CC-1280 30 Goldenwest Street (Warner —McFadden), CC-1281 AHRP Projects Arterial Highway Rehabilitation PROJECT LOCATION MAP '�• it CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 of 1 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for Street Rehabilitation Projects, CC-1279-81 COUNCIL MEETING DATE: November 6, 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 Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable * t 1 ® i 1 in REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Deputy City Administrator (initial) City Administrator (initial) ) ( ) City Clerk ( ) RCA Author: J. Claudio NOTICE INVITING SEALED BIDS for CC-1279,1280 & 1281 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 October 17, 2006, at which time bids will be opened publicly and read aloud in the Council Chambers for the ADAMS AVENUE, CC-1279; BOLSA CHICA STREET, CC-1280; AND GOLDENWEST STREET, CC-1281; REHABILITATION IMPROVEMENTS in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting September 28, 2006 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $100.00, sales tax included, if picked up or $120.00 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 5th day of September 2006, by RESOLUTION 2006-56. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 NISB-CC-1279-81 (?�C 1d)d u cl*^-0/-/0LI/ 1,07e�ee4 �o����ST sT. Ll'-1 %-,, -.� ,-, , - �! " ! r-, "! i.! �, a ! - i � 0 00 :,?, Id L 1130 90OZ STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: SEPTEMBER 28,2006 OCTOBER 05,12,2006 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on OCTOBER 1 2, 2 0 0 6 at Costa Mesa, California. MISS III Signature mrr�a �nfl t�t9f4 fBaAl'l+lat. October 17, 2006, at which time bids will be opened publicly and read aloud in the'Coun- cil Chambers for the Anew evaaua re_ Beach. A set of piano, specifications, and con- tract documsnt.s may be calpt of, a not refundable fee $100.00, ;Sole$=tax providea fact - docu shall be at ton Beach. The for shell, In formance of 't and, Improvemn form to the Lai the State of rona�,vua. may be required u the special statute$' suant to which Drot Code. Preference to W bor shallbe given only in the manner provided by law. No bid shall 09 consid-' @red unless It Is mode on a form furnished by the proposal re uirements. Each 'bidder must be licensed and also prsqualified as required: by law. The q1ty 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, Cali- fornia the 5th day of Ssppt*mber 2006 by RES0LUT10N 2000&� Joan L. Flynn City Clerk ,of the City of Huntington Beach Published' ;Newport Beach/Costa Mesa Daily 2Pilot0� Sep. 28, Oc095.6?z6f CITY OF HUNTINGTON BEACH ADAMS AVE., BOLSA CHICA ST., & GOLDENWEST ST. REHABILITATION CASH CONTRACT Nos. 1279-81 BID OPENING DATE: OCTOBER 17, 2006 TIME: 2:00 PM ENGINEER'S ESTIMATE: $6,469,688 BID RESULTS (FINAL) ..................... 811D TAL: 'AM V_--.� 1 All American Asphalt 1 $ 6,013,013.00 2 EBS Inc. 3 Excel Paving Company 4 $ 7,192,811.68 4 Griffith Company 5 L.A. Signal Construction 6 1 Pavement Recycling Systems 7 R. J. Noble Company 2 $ 6,087,893.35 8 S & M Landscape, Inc. 9 Sequel Contractors, Inc. 10 Shawnan 11 Steven's Tree Experts 12 Sully -Miller Contracting Co. 3 $ 6,156,381.13 13 14 15 16 17 18 19 20 21 22 23 Bid Summary_=279-81 CITY OF HUNTINGTON BEACH 1) ADAMS AVE. REHABILITATION, CC-1279 11) BOLSA CHICA ST. REHABILITATION, CC-1280 111) GOLDENWEST ST. REHABILITATION, CC-1281 ENGINEER'S ESTIMATE: $6,469,688 BID OPENING: OCTOBER 17,2006 @ 2:00 PM BID ANALYSIS SUMMARY 'Aa ��TOTAL i*P14AMP 'T ..... :::.: . ......... .... . ......... weaID ... on ........................ ..... .... "' .......... .............. ........ ..... .......... my: CQ.- .1 Re ............ D F R NC . . . . ...... ........... perxiIll I JAII American Asphalt $1,909,909.00 $2,387,387.00 .......... $1,715,717.00 $6,013,013.00 ......... $6,013,013.00 ................ $0.00 2 R. J. Noble Company $1,916,783.52 $2,403,217.72 $1,767,892.11 $6,087,893.35 $6,087,893.35 $0.00 3 Sully -Miller Contracting Co. $1,929,049.93 $2,448,225.18 $1,779,106.02 $6,156,381.13 $6,156,381.13 $0.00 4 Excel Paving Company $2,164,655.841 $2,910,068.26 $2,118,087.581 $7,192,811.68 $7,192,794.08 $1760 ffl City of Huntington Beach Project Name: Adams Avenue Rehabilitation Public Works Department Bid Openning: October 17, 2006 @ 2:00 P.M. 2000 Main Street, P.O. Box 190 Engineer's Estimate: $2,070,221.32 Huntington Beach, CA 92648 J Cash Contract # : CC-1279 BID SUMMARY rn arltna,<t No ik;3scn tion: Quad ` iJrit 1 Mobilization 1 L.S. 2 Traffic Control Plan 1 L.S. 4 Milling & Header Cutting 65302 S.F. 5 Surface Grind 20576 S.F. 6 Unclassified Excavation 6499 C.Y. 7 Construct Asphalt Concrete (0.17', 0.33' & 0.83' Full Depth) 12708 Ton 9 Adjust Sewer/Storm Drain Manhole to Grade 30 Each 11 Adjust Monitoring Well to Grade 2 Each 12 Traffic Striping 1 L.S. 13 Traffic Loop 117 Each 19 Survey Monumentation 27 Each 20 Adjust Survey Monument to Grade 1 Each 21 Remove Tree and Grind 5 Each 22 0 0 0 23 0 0 0 24 0 0 0 25 0 0 0 Total Bid: All American Asphalt Bidder 1 R.J, Noble Company Bidder 2 Sully -Miller Contracting Co. Bidder 3 Excel Paving Company Bidder 4 Unit PricAmount Unit !T(' i Pnce;',. � Amount ' U►it Price :Amount! .Unit Pr%e nt $38,000.00 $38,000.00 $38,600.00 $38,600.00 $20,000.00 $20,000.00 $38,600,00 ' $36.600.00 $11,500.00 $11,500.00 $11,500.00 _ $11,500.00 $8,000.00 $8,000.00 $11,000.00 $11,000,00 Page 1 •J City of Huntington Beach Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 BID SUMMARY 2 Traffic Control Plan 1 L.S 3 _ Furnish Project Traffic Control 4 _ Cold Milling & Header Cutting _-_ 132088 i S.F 5 --- Unclassified Excavation _ 4965 j C.Y 6 Construct Asphalt Concrete (0,33', 0.50' & 0.83' Full Depth) - 9648 Tor 7 Construct Asphalt Concrete (0.17' ARHM Overlay) 13197 Tor 8 Adjust Sewer/Storm Drain Manhole to Grade _ 37 Eact 9 Adjust OCSD Manhole to Grade_ 11 Eact 10 Adjust Water Valve to Grade _ 90 Eact 11 Adjust Traffic Pull Box to Grade 3 Eacl 12 Adjust Monitoring Well to Grade _ 8 a Eact 13 Traffic Striping 1 L.S 14 _ Traffic Loop _ _ 132 Eact 15 Remove & Reconstruct Curb & Gutter 290 L.F 16 Remove & Reconstruct Median Curb 6 L.F 17 Remove & Reconstruct Driveway (8" Thick) _ 4002 8.17 18 Remove & Reconstruct Sidewalk _ 8785 S.F 19 _ _ Construct Sidewalk (see Section 303-5.9) 6307 S.F 20 - Remove &Reconstruct Parkway Culvert 2 Fact 21 Remove _& Reconstruct Access Ramp 10 Eact 22 _ Construct Truncated Domes (On Existing Access Ramp) 23 Eact 23 Pedestrian Push Button Relocation (Includes new posts, conduit and appurtenant work. (See Bofsa Chica Sheet 6) 2 Eact 24 Survey Monumentation _ 13_ Eact 25 _ _ Adjust Survey Monument to Grade _ - 3 Each 26 27 Remove Tree and Grind _ Construct New 6' Tree Well (Includes Sidewalk Removal) 65_ _Eact 4 t Fact 28 Construct New 30' Tres Well (Includes Sidewalk Removal) 5 Eact 29 Furnish and Plant New 24" Box Tree (See Appendix III, Project Tree Species Palette) _ 80 Eact 30 90 Day Plant Establishment and One Year Maintenance - 1 L.S Printed: 10/17/2006 Page 1 Project Name: Bolsa Chica Street Rehabilitation Bid Openning: October 17, 2006 @ 2:00 P.M. Engineer's Estimate: $2,537,710.54 Cash Contract # : CC-1280 All American Asphalt R.J. Noble Company Sully -Miller Contracting Co. Excel Paving Company Bidder 1 Bidder 2 Bidder 3 Bidder 4 Unit Ut1tt � lfnit � iJn�t ' i*rice . I �4r#tit�ultt i�rtC� f . 1�mour�t' ..Price I Antpunt 'Price amount $47,400.00 $47,400._00 $47,400.00 $47,400.00 $35,000.00 $35,000.00 $47,400.00 $47,400,00 $19,000.00 $19,000.00 $19,000.00 $19,000.00 $9,000.00 $9,000.00 $19,000.00 _ $19,0_00.00 $126,661.00 _$126,661.00 $60,000.00 $60,000.00 $48,000.00� $48,000.00 $122,000.00 $122,000.00 $0,26 $33,022.00 $0.19 $25,096.72 $0.21 $27,738.48 $0.22 $29,059,36 $32.00 $158,88000 $35.00 $173,775.00 $19.00 i$94,335.00 $34.00 $168,810.00 - $57.00� _ $549,936,00 $62.00 _$_598_176_,00 $64 00 'r $617_472 00 -- $65.0_0 $_627_120.0_0 $75.001 $989,775,00 $76.00 $1,002,972.00 $8600 $1,134,94200 $95.00 $1,253715.00 -- - - $750.00 $27,750.00 $310.00 � $11,470.00 $320 00 $11,840 00 $885.00 $32,745 00 $1,575.00 $17,325.00 $850.0�-- $9,350.00 $70000$7,700.00 $1,000.00 $11,000.00 $110.00 $9.900.00 $340.00 $30,600.00 $330.00 $29,700 00 $760.00 $68,400.00 - $250.00 $750.00 _ $295.00 $885.00 -$2,360.00 $1600.00 $4,80000 $4,845.00 $300.00 $2,400,00 $295.00 $300.00 $2,40_0 00 ____$1,615.001 $4,280.00 _ $56,000.00 $56.000,00 $58,000.00 $58,000.00 $56,000.00 $56,000.00 ____$535,00 $56,000.00 $56,000.00 - $200,00 $26,400.00 $180.00 $23,760.00 $185.00 $_24A20.00 $210.00 $27,720.00 _$42.00 ; _ $12,180.00 $39.00 1 $11,310,00 $59.00_' $17,110.00 t- -$53.00 $15,370.00 $115,00 $690,00 $155.00 $930,00 $135.00 $810.00 - $375,00 $2,250.00 $12.00 $48,024.00 $8.50 $34,017.00 $10,75 $43,021.50 $9.30 $37,218.60 $7.00 $61 495.00 $6,75 $59,298,75 $7.75 $68,083 75 $6 65 $58,420.25 $7.00 - - $44,149.00 --- - $6.75 -- $42,572.25 - $5 35 $33,742.45 -- -- $7.15 -- - $45,095.05 - --- $6,000.00 I $12,000.00 $5,80 00 $11,600.00 $5 100 00 1 $10,200.00 $3,770.00 $7,540.00 $2 800.00� $28,000 00 $3,100.00 $31 000.00 $2 500 00 $25,000.00 $5 500.00 j $55,000 00 $13,800.00 $20,240.00 $215000 $49,45000 _ _ - rt- - - - _ -.. - $2,800,00 ! $5 600.00 $2,600 00 $5 200.00 $3,200 00 $6,400 00 0.0_._ $2 700 $5 400 00 - $300.00 -- - -- $3 900.00 - - $_550 00_' - $_7,150.00 $350.00 $4.550 00 $1 100.00 $14 300.00 $300.00 _ $900.00 $240 00 $720.00 $250 $70.00 00 'f 5.00 .00 $420.00 ' $1,260.00 --- --- -- $$1,200.00 - --- - - ---- $$10 - _5 $$3,520.00 - --- 0 $155 00 $$8 $300.00 $250.00 000.00 -- -- $880.00 $3,520 00 620.00 $2 155 00 $8 620 00 $900,00 $4 500.00 $250.00 11 250.00 $1,900 00 $9,500 00 14 850 00 $24 250 00 $500.00 $40,000.00 $550.00 $44,000.00 $730.00 $5$400.00 $550.00 I $44 000.00 $10,000,00 $10,000.00 $29,000,00 $29,000.00 $6,500.00 $6,500.00 $29 500.00 1 $29 500,00 $2,387,387.00 $2,403,217.72 IMMM $2,448,225.18 III= $2,910,068.26 •J City of Huntington Beach Public Works Department 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 BID SUMMARY 2 ITraffic Control Plan 1 L.S 3 1 Furnish Project Traffic Control 1 L.S 4 Cold Milling & Header Cutting 67714 S.F 5 Unclassified Excavation 5191 C.Y 6 Construct Asphalt Concrete (0,33' & 0.83' Full Depth) 10091 Toi 7 Construct Asphalt Concrete (0.17' ARHM Overlay) 7862 Toi 8 Adjust Sewer/Storm Drain Manhole to Grade 7 Eacl 9 Adjust OCSD Manhole to Grade 17 Eacl 10 Adjust Water Valve to Grade 42 Eacl 11 lAdJust Monitoring Well to Grade 2 Eacl 12 Traffic Striping 1 L.S 13 Traffic Loop 94 Eacl 14 Remove & Reconstruct Curb & Gutter 830 L.F 15 Remove & Reconstruct Sidewalk 3229 S,F 16 Construct Truncated Domes (On Existing Access Ramp) 32 Eaci 17 Survey Monumentation 12 Eacl 18 1 Remove Tree and Grind 21 Eacl 19 Construct New 6' Tree Well (Includes Sidewalk Removal) 5 Eacl 20 Construct New 30' Tree Well (Includes Sidewalk Removal) 10 Escl 21 Furnish and Plant New 24" Box Tree (See Appendix III, Project Tree Species Palette) 39 Eacl 22 90 Day Plant Establishment and One Year Maintenance 1 L.S 23 0 0 c 24 0 0 c 25 10 0 c Total Bid; Project Name: Goldenwest Street Rehabilitation Bid Openning: October 17, 2006 @ 2.00 P.M. Engineer's Estimate: $1,861,755,76 Cash Contract # : CC-1281 All American Asphalt Bidder 1 R.J. Noble Company Bidder 2 Sully -Miller Contracting Co. Bidder 3 Excel Paving Company Bidder 4 $34.800.00 $34,800.00 $34,800.00 $34,800.00 $31,000.00 $31,000.00 $34,000,00 $11,900.00 $11,900.00 $11,900.00 $11,900.00 $5,500.00 $5,500.00 $13,500.00 _$34,000.00 $13,500.00 $75,423.50 $75,423.50 $50,000.00 $50,000,00 $32,000.00 $32,000.00 $94,000.00 _ _^ $94,000.00 $0.25 $16.928.50 $0,24 $16,251.36 $0.28 $18,959.92 $0.27 $18,282.78 $30.00 $155,730.00 $36.00 $186,876.00 $23.00 $119,393.00 $34.40 $178,570.40 $57.00 $575,187.00 $62.00 $625,642,00 $62.60 $631,696.60 $63.75 $643,301.25 $78.00 $613,236.00 $76.00 $597,512.00 $87.00 $683,994.00 $95.00 $746,690.00 $750.00 $5,250.00 $345.00 $2,415,00 $350.00 $2,450.00 $885,00 $6,195.00 $1,575.00 $26,775.00 $560.00 $9,520.001 $550.00 $9.350.00 $1,000.00 $17,000.00 $110.00 1 $4.620.00 $395.00 $16,590.00 $400,00 $16,800,00 $760.00 $31,920.00 $300.00 $600.00 $375.00 $750.00 $300.00 $600.00 $540,00 $1.080.00 $51,564,00 $51,564,00 $49,000.00 $49,000.00 $51,000.00 $51,000.00 $51,000,00 $51,000,00 $200.00 $18,800.00 $180.00 $16,920.00 $185,00 $17,390.00 $210.00 $19,740.00 $40.00 $33,200.00 $39.00 $32,370.00 $44.50 $36,935.00 $50.00 $41,500.00 $7.00 $22,603.00 $6,75 $21,795,75 $7.50 $24,217.50 $7.35 $23,733.15 $600.00 $19,200.00 $900,00 $28.800.00 $825.00 $26,400.00 $2,150,00 $68,800.00 $300,00 $3,600.00 $650.00 $7,800.00 $350.00 $4,200.00 $1,100.00 $13,200.00 $650.00 $11,550.00 $625.00 $13,125.00 $625.00 $13,125.00 $625.00 $13,125.00 $275.00 $1,375.00 $225.00 $1,125.00 $825.00 $4,125.00 $2,150,00 $10,750.00 $900.00 $9,060.00 $225.00 $2,250.00 $1,800.00 $18,000.00 $4,850.00 $48,500.00 $500.00 $19,500,00 $550.00 $21,450,00 $730.00 $28,470.00 $550.00 $21,450.00 $4,875.00 $4,875.00 $21,000.00 $21,000.00 $3,500.00 $3,500,00 $21.550.00 $21,550.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $0,00 $0.00 $0.00 MM $1,715,717,00 $1,767,892.11 JKgRNM $1,779,106,02 $2,118,087.58 Page 1 Unsuccessful Bids CC-1279, 12809 1281 Adams Ave., Bolsa Chica St. And Goldenwest St. Rehabilitation Projects SULLY -MILLER CONTRACTING CO. 1100 E. ORANGETHORPE AVE., STE 200 ANAHEIM, CA 92801 1055 OCT 17 PH 1: 55 NJ tall CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK 2ND FLOOR 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 BID PROJECT : CONSTRUCTION REHABILITATION OF, ADAMS AVE. BOLSA CHICA ST. AND GOLDENWEST STREET STPL-51-81 (157) (158) (159) BID DATE; OCTOBER 17, 2006 @ 2:00 PM CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 18, 2006 Sully -Miller Contracting Co. 1100 E. Orangethorpe Ave., Suite 200 Anaheim, CA 92801 RE: ADAMS AVE., BOLSA CHICA ST., AND GOLDENWEST ST. REHABILITATION PROJECTS — CASH CONTRACT No. 1279-81 Enclosed please find your original bid bond for CC- 1279-81. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure (Telephone: 714-536-5227) SECTION C PROPOSAL for the construction of ' I. ADAMS AVENUE REHABILITATION — CC 1279 FROM MAGNOLIA STREET TO SANTA ANA RIVER STPL 5181 (157) ' II. BOLSA CHICA STREET REHABILITATION — CC 1280 FROM WARNER AVENUE TO RANCHO ROAD STPL 5181 (158) rIII. GOLDENWEST STREET REHABILITATION — CC 1281 FROM WARNER AVUENE TO MCFADDEN AVENUE ' STPL 5181 (159) 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 215 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 � C_1 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 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 BI D BOND in the amount of $106 of Bid Amtwhich 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 `' idder's ture 1 10/06/06 2 10/09/06 ` C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For I. ADAMS AVENUE REHABILITATION, CC-1279, STPL 5181 157 II. BOLSA CHICA STREET REHABILITATION, CC-1280, STPL 5181 158 III. GOLDENWEST STREET REHABILITATION, CC-1281, STPL 5181 159 October 6, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: I. Adams Avenue Rehabilitation, CC 1279, from Magnolia Street to Santa Ana River, STPL 5181 (157); II. Bolsa Chica Street Rehabilitation, CC 1280, from Warner Avenue to Rancho Road, STPL 5181 (158); and III. Goldenwest Street Rehabiliation, CC 1281, from Warner Avenue to McFadden Avenue, STPL 5181 (169) shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED SEPTEMBER 29, 2006 The Federal Labor Rates dated SEPTEMBER 29, 2006 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated K!, 2006. SULLY -MILLER CONTRACTING CO. Company Name _ By RON SALCIDO - VICE PRESIDENT October 13, 2006 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For 1. ADAMS AVENUE REHABILITATION, CC-1279, STPL 5181057) 11. BOLSA CHICA STREET REHABILITATION, CC-1280, STPL 5181058) Ill. GOLDENWEST STREET REHABILITATION, CC-1281-L STPL 5181059) October 9, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: Geotechnical reports for Adams Avenue, Bollsa Chica Street, and Goldenwest Street, within the project limits, are available for review at the City of Huntington Beach Public Works counter. This is to acknowledge receipt and review of Addendum Number Two, dated OctobK9, 2006. SULLY -MILLER CONTRACTING CO. k A Company Name E�Y RON S"AL(f[DO --VICE PRESIDENT OCTOBER 13, 2006 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. SECTION C PROJECT BID SCHEDULE CASH CONTRACT Nos. 1279,1280, & 1281 1. Adams Avenue, CC-1279, STPL-5181 (157) ..................... (See C-2.2 thru C-2.5) 11. Bolsa Chica Street, CC-1280, STPL-5181 (158) ............... (See C-2.6 thru C-2. 10) III. Goldenwest Street, CC-1281, STPL-5181 (159) ................... (See C-2.11 thru C-2.14) PROJECT BID: TOTAL AMOUNT LUMP SUM BID IN FIGURES: s (p, I TOTAL AMOUNT LUMP SUM BID E%; WORDS: C-2.1 ADAMS AVENUE REHABILITATION CC NO. 1279 STPL - 5181 (157) C-2.2 PROJECT BID SCHEDULE Adams Ave., CC-1279 Itethl: .. . Esti m--atbd::::: . ............ ...... �: � Itelh: With: qq�t �P�ic . ............... I � ........ * * *'. ... ........ .. .................... . .. ... .... ..... ................ I .... I ..... .... ..... ::::::Exb0hdiA:::: ..... ....... .. . .. L.S. Mobilization @ jt/-1�7' -�4'64:-J oo 0 —Dollars Cents 7' Per L.S. 2 1 L.S. Traffic Control Plan @ Dollars $ D - Cents Per L.S. 3 1 L.S. Furnish Project Traffic Control @ ��JZ ,Q�e_ Dollars $ 00 0 _tCll Cents Per L.S. 4 65302 S.F. Cold Milling & Header Cutting @ Dollars $ 0a $ 7/S. 'Y6 O'X� —Cents Per S.F. 5 20576 S.F. Surface Grind @ Dollars $ C/6 $ �fo' Cents Per S.F. 6 6499 C.Y. Unclassified Excavation @ .... ... Dollars Cents NO I; Per C. 7 12708 Ton Construct Asphalt Concrete (0.17', 0.33' & 0.83' Full Depth) @ �y Ar'e_� Dollars s 63. s �R Cents Per Ton 8 8143 Ton Construct Asphalt Concrete (0. 17' ARHM Overlay) @ 5-eut�" Dollars Cents s 07' $ 70F, Per Ton 9 30 Each Adjust Sewer/Storm Drain Manhole to Grade @ C�w Dollars $ 70, Cents Per Each 10 49 Each Adjust Water Valve to Grape @ b'J") rlctl Dollars $ �k Cents Per Each .1 C-2.3 PROJECT BID SCHEDULE Adarns Ave., CC-1279 4-te'thlTsti ::N6 mated ............ ........ ............ I ........ I . ...... ........... ............... .............. 't d* ....... . ...... .. .......... 11 I 2 Each Adjust M itoring Well to Gr de @ Dollars $360.-- s Cents Per Each 12 1 L.S. Traffic Striping @ _Ikr4y -�7'V,_ Dollars s ox. s 3S. o oo Cents Per L.S. 13 117 Each Traffic Loop @ en—_ Dollars Cents s i9s. s 9' Per Each 14 525 L.F. Remove & Reconstruct Curb & Gutter @ Y C�_� Dollars $ 7 25;-, Cents Per L.F. 15 4666 S.F. Remove & Reconstruct Sidewalk @ Dollars $ 7 74 3 Cents Per S.F. 16 1 L.S. Remove & Reconstruct Parkway Cul @ Dollars $ A /00. s Cents Per L.S. 17 4 Each Remove & Reconstruct Access Raint) Dollars s 700. s /Sffoo. -Cents Per Each 18 13 Each Construct Truncated Domes (0 Access Ramp) @ &7'tz Dollars s li(900. s 000, 101— Cents Per Each 19 27 Each Survey Mo umen ation r iZ Dollars @ $3SO, $ 7, 11 1) . Cents Per Each 20 1 Each Adjust Survey 7purnemi G de @ Dollars $ $ —Cents JPer Each M C-2.4 49 PROJECT BID SCHEDULE Adams Ave., CC-1279 F: -1th' Extonded:::x ............ ...... ... ....... ....... .. .... . . ........ .......... ..... ... ................. ............ .. .... 21 5 70,7777,77 77 Grind D $ 5U. $ Each @ ollars Cents Per Each Total Amount Bid in Figures: s /1 17 C'� 7 0 v 7, 7-7 Total Amount Bid in Words:,,, y ----------------------------------------------------------- --------- -------- C-2.5 BOLSA CHICA STREET REHABILITATION CC NO. 1280 STPL - 5181 (158) C-2.6 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 Run: E. $tifti::*!ted:: �t.:P' flke: m: ............. ............ L.S. Mobilization @ 7�/� _A0 Dollars Cents $ 3S, &o-. $ is, Per L.S. 2 1 L.S. Traffic Control Plan @ Dollars $ Its)— Cents Per L.S. 3 1 L. S. Furnish Project Traffic Control @ �k t Dollars C�— Cents Per L.S. 4 132088 S.F. Cold Milling & Header Cutting @ Dollars 7 1��A �1- one, Cents Per S.F. 5 4965 C.Y. Unclassified Excavation @ Dollars Cents Per C.Y. 6 9648 Ton Construct Asphalt Concrete 33', 0.50'& 0.83'Full Depth) @ 57- //V Dollars S 6t7 V V. Cents Per Ton 7 13197 Ton Construct Asphalt Concrete (0. 17' ARHM Overlay) @ 6-L, , -5,; �( Dollars Cents Per Ton 8 37 Each Adjust Sewer/Storm Dra�'�n Manhole to Grade @ Dollars $ 1 '61 �0 Cents Per Each 9 11 Each Adjust OCSD Manhole to Tdc @ Dollars $ -7. ;700. 4L Cents Per Each 10 aE'a 90 c lh Adjust Water Valve to Gra i/L'U- LV Ai,,� Dollars 33 0,. $ c3 11 72-9. !A Cents Per Each !2 C-2.7 PROJECT BID SCHEDULE Bolsa Chica St., CC-1 280 .1-tem : Estiftiatedf�::i.' ................. ........... 11 3 Each Adjust Traffic Pull Box to Grade Dollars Cents 0,600, S Per Each 12 8 Each Adjust Monitorpg Well to Grade @ Dollars Cents Per Each 13 I 1 L.S. Traffic Striping @ 5-1,x- Dollars $ 9clom. $ E6100o' 715— Cents Per L.S. 14 132 Each Traffic Loop La Dollars $ Cents Per Each 15 290 L.F. Remove & Reconstruct Curb & Gutter @ 'fly —4/1 k'q_ Dollars S s/7 Cents Per L.F. 16 6 L. F. Remove & Reconstruct Median Curb @ AM L Dollars $ 3S, 3 - Cents Per L.F. 17 4002 S.F. I Remove & Reconstruct Driveway (8" Thick) Dollars $ /0' 7S —Cents Per S. 18 8785 S.F. Remove & Reconstruct Sidewalk @ Dollars 7S s7, 7S s6ga3. L'� V-e__ Cents Per S.F. 19 6307 S.F. Construct Sidewalk (see Section 303-5.9) @ V- e— Dollars 3.5 s 33,7�9, iv'.'�-/ 9,V-L" Cents Per S.F. 20 2 Each Remove & Reconstruct Parkway C I rt @ 1)'Ety a�'Q_ � L) Dollars —Cents Wer Each C-2.8 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 lteffi::TAimated ..... .......... ..... ................. . ........ .......... I ...... .... .... 21 10 Each Remove & Reconstruct Access Ramp @ Dollars b $ a, $C 25ZCents Per Each 22 23 Each Construct Truncated Domes (On Existing Access Ramp) Dollars Cents $ $ a e? d W. Per Each 23 2 Each Pedestrian Push Button Relocation (includes new posts, conduit and appurtenant work. (See Bolsa Chica She 6) @ 7� �- i I/ ") / '. , /0' W Dollars Cents $ 6/0,9. Per Each 24 1 3) Each Survey M numentation 9 Dollars —Cents Per Each 25 3 Each AdjustSurveyMo umentto r de @ Dollars S $ 75-0. —Cents Per Each 26 65 Each Remove Tree and Grind @ h,,,,.)r-I �" �Z' _Dollars $ $ 7 .42— Cents Per Each 27 4 Each Construct New 6'Tree We)l (12cludes Sidewalk Removal) @ 7L' Dollars $ 'F,50, 3, A Cents Per Each 28 5 Each Construct New 30'Tree W 11 (Incl d:e 7sdewalk Removal) @ Dollars $ $ "u-i'a —Cents Per Each 29 80 Each Furnish and Plant New 24" Box Tree (See Appendix 111, Project Tree Species Palette) @ S'�e V e') Dollars s720. s Yi? e/m. -Cents Per Each 30 1 L.S. 90 Day Plant Establishment an One Year 4 / Jar amtenance @ Dollars Cents Per L.S. C-2.9 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 d1i .................... ................ .... ................. .. ........... . ... . ......... ........ ........ . ................ .. ... U Total Amount Bid in Figures: Total Amount Bid in Words -------------- *7- A -Jul C-2.10 I f GOLDENWEST STREET REHABILITATION CC NO. 1281 STPL - 5181 (159) C-2.11 PROJECT BID SCHEDULE Goldenwest St., CC-1281 4te,tw Nol:.� Tkimate.d. Quantity, .............. ....... T'.. ::::wrJ'tte0 W bil"d ................... ....... ...... I L.S. Mobilization @ Dollars Cents Per L.S. 2 1 L.S. Traffic Control Plan Dollars Cents Per L.S. 3 1 L.S. Furnish Project Traffic Control @ Dollars 3� oaD. o 9, Cents Per L.S. 4 67714 S.F. Cold Milling & Header Cutting @ —4sr� Dollars Cents Per S.F. 5 5191 C.Y. Unclassified Excavation @ -Dollars S 6Q— Cents Per C.Y. 6 10091 Ton Construct Asphalt Concrete (0.33' & 0.83' Full Depth) @ Dollars GO 60 I X�y Cents PZr 'Ton 7 7862 Ton Construct Asphalt Concrete (0.17'ARHM Overlay) @ 'f '17 h Dollars $ Cents Per Ton 8 7 Each AdjustSe er/StormDrainM h I G e ,�f�vla re rad @ Dollars $ 350' $ vso' Cents Per Each 9 17 Each Q, to, �ui Adj List OCSD Manhol t Gr c FtJ/(.0 � @ Py Dollars Cents Per Each 10 42 Each Adjust Water Valve to Grad @ lf� k L'JJ Dollars $ 0, 171&1 Cents Per Each C-2.12 PROJECT BID SCHEDULE Goldenwest St., CC-1281 ............ ............. .... �:pri e....*.. ....................... tided ::::::Ain. ou6t: 11 2 Each Adjust Mo;;o �ing Well� �d (0 Dollars Cents. Per Each 12 1 L. S. Traffic Striping @ Dollars 000- Cents Per L.S. 13 94 Each Traffic Loop Dollars $ -Cents Per Each 14 830 L.F. Remove & Reconstruct Curb & Gutter —A, -f �/ 66�_/' Dollars @ so $ /--, sy�v Cents Per L.F. 15 3229 S.F. Remove & Reconstruct Sidewalk @ S12�_a'7 Dollars J-1 —Cents Per S.F. 16 32 Each Construct Truncated Domes (On Existing Access Ramp) S�S-_Dollars Cents $ Per EaclT 17 12 Each Survey Monurnen,21ion Dollars AL. Cents Per Each 18 21 Each Remove Tree and Grind @ �y Dollars Cents Per Each 19 5 Each Construct New 6'Tree Well (Includes Sidewalk Removal) Dollars $ 41, 0s, Cents Per Each 20 10 Each Construct New 3 0' Tree Well (lnc des Sidewalk Removal) @ r/ Af'� 7 Dollars po' $ NZ Cents Per Each C-2.13 PROJECT BID SCHEDULE Goldenwest St., CC-1 281 lternt:Ekirna:ted. No,:� �:�Quantity ....... ... ....... ...... ........... 21 39 Each Furnish and Plant New 24" Box Tree (See Appendix 111, Project Tree Species Palette) @ 5111-." Dollars 7,70, 70, Cents Per Each 22 1 L. S. 90 Day Plant Establishment and One Year Maintenance @ Y h Dollars Cents Per L.S. Total Amount Bid in Figures: $ Z 7 q, '9d-- Total Amount Bid in Words:,jo,.'-'e/- ............. -------------------------- ------- , ------------- C-2.14 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 Iq 4 t1vw 5-�- J Tn-, o d z oee--fe- 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 fumished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. c-3 ,-I NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Ron Salcido being first duly sworn, deposes and says that he or she is Vice - Presidefit -of Sullv-Miller Contracting 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, f�rther, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. SULLY -MILLER CONTRACTING CO., Name of Bidder Signature of Bidder RON SALCIDO - VICE PRESIDENT 1100 E. ORANGETHORPE AVE., STE 200 ANAHEIM, CA 92801 Address of Bidder Subscribed and sworn to before me this 13 day of October , 2006 NOTARY PUBLIC SEE ATTACHED NOTORIAL ACKNOWLEDGEMENT NOTARYSEAL I c-4 State of California ss. County of Orange On -October 16, 2 0 0 6 _,before me, J. Daniels - Notary Public (Name and title "Notary Public"), personally appeared Ron Salcido (Name(s) of signer(s)), (X) personally known to me (or proved- to WHA the h— U-sis -Of SaflSfaetffy evideneo-to be the person(-s) whose name(s) ishwe subscribed to the within instrument and acknowledged to me that he/she/4hey executed the same in his/her4thei authorized capacity(ies), and that by his/her-/theiF signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (/(Signature of Notary) J. Daniels - Notary Public OPTIONAL Description ofAttached Document Title of Type of Document: (Seal of Notary) J. DANIELS COMM # 1510017 > M W NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Commission Expires Sept 24,2008 1 Non Collusion Affidavit DocumentDate: October 13, 2006 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Ron Salcido El Individual El Corporate Officer— Title(s): Vice President El Partner - 0 Limited 0 General El Attorney in Fact [I Trustee El Guardian or Conservator El Other: Signer isRepresentin : SULLY -MILLER CONTRACTING COMPANY CERTIFICATE OF INCUMBENCY AND RESOLUTION 1, Ron Salcido, do hereby certify that I am a Vice President of Sully -Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE NAME Chairman of the Board James Weeks President & CEO V. A. Serri Chief Financial Officer & Treasurer Tim P. Orchard Vice President Ron J. Salcido Vice President Dave Martinez Vice President Bob Stone Secretary Anthony Martino Assistant Secretary George Aldrich Assistant Secretary Mary Lawson Assistant Secretary Mike Edwards Assistant Secretary Gary Downey Assistant Secretary James Wu I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on April 25, 2005, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTE BIDS AND CONTRACTS) Resolved, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Coinpany under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in connection therewith, to the United States, and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporations thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 3*d day of May 2005. Ron Salcido, -\�ice President E A Tu) I 100 E. Orangethorpe Ave Anaheim) Ca. 92801 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, (1)(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, isfamiliar with the o eration to be performed and the hazards involved. T 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 ftirther promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. SULLY -MILLER CONTRACTING CO. Contractor 2� By RON SALCIDO VICE PRESIDENT Title IDate: 10/13/06 I I c-5 State of California ss. County of Orange On— October 16, 2006_, before me, J. Daniels - Notary Public (Name and title "Notary Public"), personally appeared Ron Salcido (Nameo of signer(-s)), (X) personally known to me (or proved— to- ffl—eon thp hAQiQ -Of satisfactory evideneo-to be the person(s) whose name(s) is/aff subscribed to the within instrument and acknowledged to me that he/she/4hey executed the same in his/her4heir- authorized capacity(ies), and that by his/her4their- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(-s) acted, executed the instrument. WITNESS my hand and official seal. (64gnature of Notary) J. Daniels — Notary Public (Seal of Notary) J. DANMLS COMM # 1510017 m X NOTARY PUBLIC - CALIFORNIA "' W ORANGE COUNTY 3) My Commission Expires Sept 24,2006 OPTIONAL Description ofAttached Document Title of Type of Document: Utility Agreement DocumentDate: October 13, 2006 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Ron Salcido 11 Individual El Corporate Officer— Title(s): Vice President 11 Partner - 0 Limited 0 General El Attorney in Fact El Trustee El Guardian or Conservator El Other: Signer is Represen COMPANY 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? 0 Yes )M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. c-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: OCT - 13 - 2006 SULLY -MILLER CONTRACTING CQ- Contractor By RdN SALCID6 VICE PRESIDENT Title C-7 State of California ss. County of Orange On —October 16, 2006 _,before me, J. Daniels -Notary Public (Name and title "Notary Public"), personally appeared Ron Salcido (Name(s) of signer(s)), (X) personally known to me (or proved to me on. Of satisfaetory evidence) -to be the person(s) whose name(s) is/a" subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her-/thei.r- authorized capacity(WO, and that by his/her4their- signature(s) on the instrument the person(-s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. VZ ic OE /j ff (Signature of Notary) J. Daniels — Notary Public (Seal of Notary) J, DANIELS COMM # 1510017 M NOTARY PUBLIC - CALIFORNIA :1) LU ORANGE COUNTY -L < my commission Expires Sept 24,2008 1 OPTIONAL Description ofAttached Document Title of Type of Document: Compensation Insurance Certif icate DocumentDate: October 13, 2006 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Ron Salcido 11 Individual 11 Corporate Officer—Title(s): vice President 11 Partner - 0 Limited El General 11 Attorney in Fact 11 Trustee El Guardian or Conservator El Other: Signer is Represen COMPANY 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. Dk Alert Identification Number: c MI I Y-Mil I ER CONTRACIING, CO Contractor L A --- By RON SALCIDO VICE PRESIDENT Title Date: OCTOBER 13, 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 obtainedftom the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: SULLY -MILLER CONTRACTING CO. Bidder Name 1100 E. ORANGETHORPE AVE., STE 200 Business Address ANAHEIM, CA 92801 City, State Zip ( 714 ) 578-9600 Telephone Number 747612 A State Contractor's License No. and Class MARCH 30, 1998 Original Date Issued MARCH 31, 2008 Expiration Date The work site was inspected by LINDA NEWTON of our office on OCTOBER 12 200 6 The following are persons, firms, and corporations having a principal interest in this proposal: *******SEE ATTACHED LIST OF CORPORATE OFFICERS******* 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. SULLY -MILLER CONTRACTING CO. Company NK Signature otBidder -RON SALCIDO - VICE PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this 13 day of OCTOBER 200 6. NOTARY PUBLIC SEE ATTACHED NOTORIAL ACKNOWLEDGEMENT NOTARYSEAL 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: ********SEE ATTACHED LIST************** 1. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 State of California Ss. County of Orange On —October 16, 2006 _,before me, J. Daniels -Notary Public (Name and title "Notary Public"), personally appeared Ron Salcido (Name(s) of signer(-s)), (X) personally known to me (OF proved to me ofl. t.hp- iD—Asi-S Of satisfaetor-y evideneo-to be the person(s) whose name(-S) is/a-re subscribed to the within instrument and acknowledged to me that he/she/4he executed the same in his/her4their- authorized capacity(ies), and that by hisiher4hei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Z (SO(n a-tu'r-e-of Notary) J. Daniels — Notary Public (Seal of Notary) J, DANIELS COMM 1610017 NOTARY PUBLIC - CALIFORNIA W < ORANGE COUNTY i a My Commission Expires SOPIL 24,2008 OPTIONAL Description ofAttached Document Title of Type of Document: Bid Proposal- Signature Page DocumentDate: October 13, 2006 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Ron Salcido 0 Individual [I Corporate Officer— Title(s): Vice President [] Partner - 11 Limited 0 General El Attorney in Fact El Trustee El Guardian or Conservator 11 Other: Signer is Represen COMPANY CERTIFICATE OF INCUMBENCY AND RESOLUTION 1, Ron Salcido, do hereby certify that I am a Vice President of Sully -Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE NAME Chairman of the Board James Weeks President & CEO V. A. Serri Chief Financial Officer & Treasurer Tim P. Orchard Vice President Ron J. Salcido Vice President Dave Martinez Vice President Bob Stone Secretary Anthony Martino Assistant Secretary George Aldrich Assistant Secretary Mary Lawson Assistant Secretary Mike Edwards Assistant Secretary Gary Downey Assistant Secretary James Wu I ftirthex certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on April 25, 2005, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in fall force and effect: "(AUTHORITY TO EXECUTE BIDS AND CONTRACTS) Resolved, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in connection therewith, to the United States, and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporations thereof, or to any other person," rN WITNESS WHEREOF, I have hereunto set my hand and affixed tile corporate seal this 3'-� day of*Ma,y 2005. Ron Salcido, _1�ice President (SEAL) I 100 E. Orangethorpc Ave Anaheim, Ca. 92801 !2VAM ST.MLY-MILLER CC3N-fRAC,-1F1N0 C,(3. BIDDER'S EXPERIENCE AND QUALIFICATIONS Project NamelNumber., Start and Flnl.5h Dates Project Description: Agency Name: Contact Person: Original Contract Amount., 195 TH STREET IMPROVEMENT / 25506C 5/24/05 to 11/22/05 MEDIAN ISLAND and STREET REPAIRS CITY OF CERRITOS VIC MASAYA $662,370.00 Telephone. 562-916-1231 Final Contract Amount. $742,488.35 Change In contract amount Is due to extra work andlor contract change orders adding work Project NamelNumber., MALL PARKING LOT IMPROVEMENTS / 25492C Start and Finish Dates: 3/25/05 to 10/26/05 Project Description: REPAIR and PLACE NEW AC PAVING and STRIPE PARKING STALLS Agency Name-, CITY OF TEMPLE CITY Contact Person: Janice Stroud Telephone: 626-285-2171 Original Contract Amount.- $828,837.00 Final Contract Amount.- $894,012.85 Change In contract amount Is due to extra work andlor contract change orders adding work Project NamelNumber., HELLMAN AVENUE STREET IMPROVEMENTS / 24477C Stalt and FInIsh Date5. 6/13/04 to 11/1/05 Project Description: STREET RECONSTRUC-FION PROJECT Agency Name: CITY OF ROSEMEAD Contact Person: KEN RUKABINE Telephone. 562-908-6262 Original Contract Amount. $1,051,666.50 Final Contract Amount. $1,067,429.60 Change In contract amount is due to extra work andlor contract change orders addIng work Project NamelNumber.- BOEING 01 ASPHALT REPAIR / 24470C Start and Flnl5h Dates 11/8/04 to 2/7/05 Project Description: FACILITY ASPHALT REPAIRS AT VARIOUS LOCATIONS (ANNUAL CONTRACT) Agency Name: THE BOEING COMPANY Contact Person: KERRY BURNSIDE Telephone. 562-384-2422 Original Contract Amount.- $1,000,000.00 Final Contract Amount.- $1,293,482.00 Change In contract amount Is due to extra work andlor contract change orders adding work 0 P!au�"- S1..JL1-V-MI1-LER C(>N-FRAC-FING, CC>. BIDDER'S EXPERIENCE AND QUALIFICATIONS Project NamelNumber., Start and Flnl.5h Dates Project Description: Agency Name: Contact Person: Original Contract Amount. HOLGATE AREA STREET REHABILITATION AND WATER MAIN / 24446C 3/27/04 to 6/24/05 STREET REHABLITATION AND WATER MAIN REPLACEMENT ["Nwela "T'Mr.111-1Z1.11 EDWARD LANUZA Telephone: 562-905-9720 ext. 210 $2,996,461.00 Final Contract Amount.- $3,566,942.17 Change In contract amount 1.5 due to extra work andlor contract change orders addIng work Project NamelNumber., PIER 400 BACKLANDS PHASE 2 / 23301C Start and Finish Dates: 4/01/03 to 8/15/04 Project Description: TRANSTAINER FACILITY, GRADING, PAVING, UNDERGROUND, CONCRETE. PROJECT FINISHED ON TIME - EXTRA DAYS FOR EXTRA WORK ONLY Agency Name: PORT OF LOS ANGELES Contact Person: MAHMOUD IRSHEID Telephone: 310-732-3525 Original Contract Amount.- $29,865,750.00 Final Contract Amount., $31,332,000.00 Change In contract amount Is due to extra work andlor contract change orders adding work Project NamelNumber.- PAVING REPAIRS/IMPROVEMENTS @ PUENTE HILLS LANDFILLE / 23346C Start and Finish Dates JULY 2003 to OCTOBER 2003 Project Description: ROADWAY RECONSTRUCTION - PROJECT FINISHED ON TIME Agency Name., COUNTY SANITATION DISTRICT of LOS ANGELES Contact Per5on: HABIB KHARRAT Telephone: 562-699-7411 Original Contract Amount: $728,594.00 Final Contract Amount.- $728,594.00 Change In contract amount Is due to extra work andlor contract change orders addIng work Project NamelNumber., PHANTOM WEST STREET IMPROVEMENT / 82803C Start and Finish Dates. 12/ 2002 8/ 2003 Project Description: UNDERGROUND, ASPHALT REHAB, CURB & GUTTER, COLD MILLING Agency Name: CITY OF VICTORVILLE Contact Per5on: MARK MILLER Telephone., 760-955-9158 Original Contract Amount.- $4,796,507.00 Final Contract Amount.- $4,994,840.00 Change In contract amount Is due to extra work andlor contract change orders addIng work I 9 SULLY -MILLER C-<.)'N-rRAC,-1F1N(,� BIDDER'S EXPERIENCE AND QUALIFICATIONS PRIVATE JOB Project bamelNumber. AEROSPACE PARKING LOT start and Finish Dates 2/01/04 7/04 Project Description: NEW LOT UNDERGROUND PAVING EXTRA TIME BASED ON ADDITIONAL WORK ONLY JOB FINISHED ON TIME Agency Name: AREO SPACE Contact Person: JOHN PARSLOW Telephone: 310-863-0716 Original Contract Amount: $819,616.00 Final Contract Amount. $995,000.00 Change In contract amount is due to extra work andlor contract change orders adding work PRIVATE JOB Project NamelNumber. PARKING LOT M ANNEXATION PRIME CONTRACTOR Start and Finish Dates. 8/01/03 10/03 EXTRA WORK 5 DAYS EXTENSION TO COMPLETE Project Description: NEW CONSTRUCTION UNDERGROUND, ELECTRICAL, GRADING AND PAVING Agency Name: CAL POLY POMONA Contact Person: RICHARD COMPOS Telephone: 909-869-5256 Original Con tract A mo un t, $417,470.00 Fnal Contract Amount., $525,000.00 Change in contract amount i5 due to extra work andlor contract change orders adding work PRIVATE JOB Project Naf nelNumber.- TURTLE RIDGE PA 27 Start and Finish Dates: 1/2004 TO 8/2004 COMPLETED ON TIME EXTRA TIME FOR EXTRA WORK ONLY Project Description: NEW CONSTRUCTION DRY AND WET UTILITIES, GRADING & PAVING STREET Agency Name: THE IRVINE COMPANY KEITH COMPANIES * PLANS Contact Person: BILL MARTIN Telephone. 949-464-0856 Original Contract Amount: $1,627,916.00 final Contract A mount $1,644,954.00 Change In contract amount Is due to extra work andlor contract change orders adding work Project Namelftmber. BERTH 100 BACKLANDS PHASE 1 PLANS BY THE PORT Start and Finish Dates 12/01/01 TO 12/31/03 TIME EXTENSION FOR EXTRA WORK ONLY Project Description: BUILT BERTH COMPLETE WITH CRANE LIFT AND TRANSTAINER FACILITY Agency Name-, PORT OF LOS ANGELES Contact Person: STEVE IMPERATO Telephone: 310-930-0801 Original Contract Amount. $25,500,000.00 Final Contract Amount., $35,000,000.00 Change in contract amount is due to extra work andlor contract change orders adding work 3 ��fi ST.JLIA'-MILLER CC.)N-FRAC,-1-1N-(i C-k3. BIDDER'S EXPERIENCE AND QUALIFICATIONS Project NamelNumber.- JOSHUA ROAD STREET IMPROVEMENTS Start and Flnl5h Dates 7-2004 TO 10/2004 Project Description: STREET RECONSTRUCTION JOB FINISHED ON TIME Agency Name., TOWN OF APPLE VALLEY Contact Person: TERRY GREGORY Telephone: 760-240-7000 Original Contract Amount., $379,796.00 Final Contract Amount. 423,456.00 Change In contract amount Is due to extra work andlor contract change orders addIng work Project NamelNumber.- RECONSTRUCTION/RESURFACING OF VARIOUS STREETS FY 2001-2002 / 23358C Start and Flnlsh Dates. OCTOBER 2003 to JANUARY 2004 JOB FINISHED ON TIME Project Description: AC OVERLAY AND STREET RECONSTRUCTION Agency Name: CITY OF SANTA FE SPRINGS Contact Person: TONY OLMOS, P.E. Telephone: 562-868-0511 Original Contract Amount.- $419,119 FInal Contract Amount: $462,280 Change In contract amount Is due to extra work andlor contract change orders addIng work Project NamelNumber. REAR BERTH 224 BACKLAND IMPROVEMENTS - PHASE II / 22265C Start and Fini5h Dates.- DECEMBER 2002 to NOVEMBER 2003 JOB FINISHED ON TIME Project Description: SITE DEMO, REMOVALS, R/R SAFETY DEVICES, STREET IMPROVEMENTS Agency Name: PORT OF LOS ANGELES Contact Petson: MICHAEL HADDADIN Telephone: 310-732-3612 Original Contract Amount., $1,454,300 Final Contract Amount. $1,666,336 Change In contract amount Is due to extra work andlor contract change orders addIng work Project NamelNumber.- Start and Finish Dates Project Description: Agency Name: Contact Person: Original Contract Amount., ROUTE 213 CALTRANS DISTRICT 7 / 22275C JANUARY 2003 to MAY 2003 JOB FINISHED ON TIME ROUTE 213 STREET OVERLAY PROJECT CALTRANS FRIAD AZIZ Telephone: 562-860-0385 ext. 104 $248,319 Final Contract Amount, $237,330 Change in contract amount is due to items of work being deleted by the agency SULL',C-MILLER CC3N-rRAC-F1N(-i CC). BIDDER'S EXPERIENCE AND QUALIFICATIONS Project Namelftmber: Start and finl5h Dates: Project DeSCription: Agency Name., Contact Person: Original Contract A mount: ANAHEIM PUENTE ROAD / 22261C SEPTEMBER 2002 to MARCH 2003 STREET WIDENING AND OVERLAY PR03ECT CITY OF INDUSTRY 30B FINISHED ON TIME GERRY PEREZ Telephone., $523,600 Final Contract Amount: 626-333-0336 $613,000 Change In contract amount Is due to extra work andlor contract change orders addIng work Project NamelNumber. PIER -E- - SLIP TWO / 22224C Start and Finish Dates: OCTOBER 2002 to MARCH 2003 30B FINISHED ON TIME Project Description: RECONSTRUCTION PROJECT - ASPHALT SERVICE ROAD Agency Name: CITY OF LONG BEACH - HARBOR DEPARTMENT Contact Person: DALE HILL Telephone: 562-843-6379 Original Contract Amount. $7,948,263 Final Contract Amount., $8,339,433 Change in contract amount 15 due to extra work andlor contract change orders addIng work Project hamelNumber.- NEWPORT BLVD./BALBOA BLVD. ROADWAY & STORM DRAIN #3373 22210C Start and Finish Dates: MARCH 2002 to JUNE 2002 Project Description: STREET RECONSTRUCTION AND DRAINAGE IMPROVEMENTS Agency Name: CITY OF NEWPORT BEACH Contact Person: FONG TSE, P.E. Telephone: 949-644-3340 Original Contract Amount: $1,694,000 Final Contract Amount., $1,609,000 Change in contract amount is due to items of work being oleleted by the agency Project NamelNumber: PIER 400 CONTAINER TERMINAL / 21130C Start and finish Dates JANUARY 2001 to SEPTEMBER 2002 TIME EXTENSION/ EXTRA WORK ONLY Project Description: BACKLAND IMPROVEMENTS, PHASE I Agency Name: PORT OF LOS ANGELES Contact Person: MAHMOUD IRSHEID Telephone., 310-732-3525 Original Contract Amount: $78,134,500 Final Contract Amount., $87,645,073 Change in contract amount is due to extra work andlor contract change orders adding work 5 P!21�ALALA SUEU`C-MILLER C--,C-,)N-FRAC,-r1N-C)-r CC). BIDDER'S EXPERIENCE AND QUALIFICATIONS Project NamelNumber., CITY OF HAWTHORNE PROJECT NO. 01-08 / 23186C Start and Flnlsh Dates. OCTOBER 2001 to MAY 2002 TIME EXTENSION FOR EXTRA WORK ONLY Project Description: LOCALSTREETIMPROVEMENTS Agency Name: CITY OF HAWTHORNE Contact Person: AKBAR FAROKHI Telephone: 310-970-7959 Original Contract Amount. $852,939 Final Contract Amount: $981,358 Change In contract amount 15 due to extra work andlor contract change orders addIng work Project NamelNumber., LACDPW #RDC0013639 / 21155C Start and Finish Dates: JUNE 2001 to OCTOBER 2001 TIME EXTENS10N FOR EXTRA WORK ONLY Project Description: VARIOUS STREETS - LAKEWOOD Agency Name: LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS Contact Person: RAY GREEN Telephone: 626-548-3118 Original Contract Amount: $1,068,633 Final Contract Amount., $1,259,380 77*ME EXTENSION FOR EXTRA WORK ONL Y Project NamelNumber: OCEAN AVENUE REHABILITATION / 20097C Start and FInIsh Dates NOVEMBER 2000 to OCTOBER 2001 Project Description: STREET RECONSTRUCTION Agency Name: CITY OF TORRANCE Contact Person: C. BILEZERIAN Telephone: 310-781-7694 Original Con tract A mo un t: $997,000 Final Contract A mount. $1,163,000 Change In contract amount is due to extra work andlor contract change orders addIng work Project NamelNumber: MAYO AVENUE & CHERYL LANE Start and Finish Dates 06/28/01 02/16/02 Project Description: Agency Name: CITY OF INDUSTRY Contact Person: GERARDO PEREZ Telephone., 626 333-0336 Original Contract Amount., $ 1,996,649.00 Final Contract Amount., $ 2,658,945.24' Change In contract amount Is due to extra work andlor contract change orders addIng work 6 SULIA'-MILLER Cf,.->N-rRAC7--JF1N(� C-C3. BIDDER'S EXPERIENCE AND QUALIFICATIONS Project NamelNumber: ARROY HWY. & LIVE Start and Finish Dates 10/25/02 - 09/27/03 Project Description: AC GRIND/ OVERLAY, NEW MEDIANS, DECORATIVE CONCRETE INTERSECTION Agency Name: CITY OF IRWINDALE Contact Person: MR. KWOK TAM, P.E. Telephone: 626 430-2212 Original Contract Amount. $ 4,289,147.00 Final Contract A mount: $ 4,654,815,.59 Change In contract amount 15 due to extra work andlor contract change orders addIng work Project NamelNumber., Start and FInIsh Dates Project Description: Agency Name: Contact Person: Original Contract Amount., ALLEY IMPROVEMENT 04/14/02 - 05/25/02 ALLEY IMPROVEMENTS CITY OF PARAMOUNT 3ASON BROWN $ 167,946.00 Telephone: 562 908-6200 Final Contract Amount., $ 159,159.20 Change In contract amount Is due to extra work andlor contract change orders addIng work Project NamelNumber., PHASE 1B & 3A OF COMMUNITY FAC Start and Flnl5h Dates: 07/24/03 - 10/25/03 Project Description: Agency Name: CITY OF RANCHO CUCAMONGA Contact Person: KENNETH FUNG Telephone: 909 477-2700 Ext. 4076 Original Contract Amount: $ 8,657,106.00 Final Contract Amount., $ 10,325,061.08 Change In contract amount is due to extra work andlor contract change orders adding work 7 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENTAND EXECUTION OF THOSE CERTIFICATIONS WHICHARE APART OF THIS PROPOSAL) I EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION IThebidder SULLY -MILLER CONTRACTING CO. proposed subcontractor hereby certifies that he has XX has not—, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting, Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO- 1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. I H I I 11 Page 12-79 LPP 01-04 C-11 March 15, 2001 Local Assistance Procedur es Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G L I 11 I L 11 I I L E I I 11 I I DISCLOSURE OF LOBBYING ACTIVITIES UUMVLL It ll7Mi11UKM I U1_)1�)ULU�)tLUtStJYENUAk_11V I I In,) 1`U1`,3U1UN I I U.)t U-3A_ 1JJ/_ 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: 1-1 a. contract Fla. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee N/A year _ quarter f loan insurance date of last report 1* Name and Address of Reporting Entity 5. IlReporlingEntilyinNo,4isSubawardee, Enter Name and Address of Prime: E] Prime Subawardee Tier if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in -kind; specify: nature e deferred value f. other, specify ri 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item I I - (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes 11 No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 Print Name: R ON SALCIDO U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any Title: VICE PRESIDENT person who fails to file the required disclosure shall be subject to a civil'penalty of not less than $ 10,000 and not more than 100,000 for each such failure. Telephone No.:71 4 578-9600 Date:_JD LL3_&6 Authorized for Local Reproduction Standard Form - LLL a, — .7 : Standard Form LLL Rev- 09-1 Page 12-87 LPP 01-04 C-12 March 15,2001 State of California ss. County of Orange On —October 16, 2006 _,before me, J. Daniels -Notary Public (Name and title "Notary Public"), personally appeared Ron Salcido (Name(s) of signer(-s)), (X) personally known to me (or- proved to me on the basi satisfaetor-y evideneoto be the person(s) whose name(s) ishwe subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in hi /her-4heir- authorized capacity(ies), and that by his/heWtheir- signature(s) on the instrument the person(-s), or the entity upon behalf of which the person(-s) acted, executed the instrument. WITNESS my hand and official seal. kpignature of Notary) J. Daniels — Notary Public (Seal of Notary) J. DANIELS COMM # 1510017 > W NOTARY PUBLIC - CALIFORNIA Q ORANGE COUNTY M .5 8 4PMY Commission Expires Sept 24, 200 OPTIONAL Description ofAttached Document Title of Type of Document: Disclosure of Lobbying Activities DocumentDate: October 13, 2006 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Ron Salcido 11 Individual El Corporate Officer—Title(s): Vice PreBident [I Partner - El Limited 0 General El Attorney in Fact [I Trustee [I Guardian or Conservator 0 Other: Signer is Represen COMPANY EXHIBIT 12-E Local Assistance 'Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMIPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 13 )52. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. I . Identify the type of covered federal action for which lobbying activity is and/or has been securedto influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g., Request for Proposal (RFP) number, Invitation for Bid (11713) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned,by the federal agency). Include prefixes, e.g., "RFP-DE-90-00 I." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensiation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 r LPP 01-04 March 15,2001 C-1 3 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90((ENDfF)) Page 12-89 LPP 01-04 C-14 March 15, 2001 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Sully -Miller Contracting Company 1100 E. Orangethorpe Ave., Ste. 200, Anaheim, CA 92801 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company a corporation duly organized under the laws of the State of Massachusetts as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach Office of the City Clerk, Second Floor - 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Jen Percent of Amount 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 Construction Rehabilitation of, Adams Avenue, Bolsa Chica Street and Golden West Street. Project No. STPL-5181 (157),(158)(159) 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 materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otthenNise to remain in full force and effect. Signed and sealed this 1 1th day of Maria Luisi R. (Witness) J. Daniels, Notary.,Public October Sullv-Miller Contractin RON SALCIDO - VICE PRESIDENT Mutual Insurance Com AIA DOCUMENT A310 0 BID BOND 0 AIA 0 FEBRUARY 1970 ED. 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2006 (Seal) (Seal) State of California )Ss. County of Orange On —October 16, 2006 before me, J. Daniels -Notary Public (Name and title "Notary Public"), personally appeared Ron Salcido (Name(s) of signer(s)), (X) personally known to me (or proved7to m -,-- -q a thl. e b a s i s o f satisfaetory evidenee)-to be the person(s) whose name(s) ishure subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her4heir- authorized capacity(ies), and that by his/her/theiF signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Seal of Notary) J, DANIELS . . . . . . . . . . . > T- COMM # 1510017 Oignature of Notary) 11 NOTARY PUBLIC - CALIFORNIA M W 71 J. Daniels — Notary Public < ORANGE COUNTY & My Commission Expires Sept 24,2= Z OPTIONAL Description ofAttached Document Title of Type of Document: Bid Bond DocumentDate: October 11, 2006 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Ron Salcido 0 Individual El Corporate Officer— Title(s): Vice President El Partner - 0 Limited 0 General El Attorney in Fact El Trustee El Guardian or Conservator 0 Other: Number of Pages: Signer isRepresentin : SULLY -MILLER CONTRACTING COMPANY CERTIFICATE OF INCUMBENCYAND RESOLUTION I, Ron Salcido, do hereby certify that I am a Vice President of Sully -Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and n-ii-nute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE NAME Chairman of the Board James Weeks President & CEO V. A. Serri Chief Financial Officer & Treasurer Tim P. Orchard Vice President Ron J. Salcido Vice President Dave Martinez Vice President Bob Stone Secretary Anthony Martino Assistant Secretary George Aldrich Assistant Secretary Mary Lawson Assistant Secretary Mike Edwards Assistant Secretary Gary Downe-y Assistant Secretary James Wu I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on April 25, 2005, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTE BIDS AND CONTRACTS) Resolved, that any officer or assistant officer of this Company be and each of them is hereby authorized to execute in the name and on behalf of this Coinpany under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in coumcction therewith, to the United States, and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporations thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 3`1 day of May M05. Ron Salcido, vice President S F- A. L) I 100 E. Orangethorpe Ave Anaheim, Ca. 92801 I . * STATE OF CALIFORNIA COUNTYOF ORANGE OCTOBER 11, 2006 before me PERSONALLY APPEARED VICTORIA M. CAMPBELL 1 SS. MARIA LUISA R. AGUINALDO, NOTARY PUBLIC personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name( '771)4rescribed to the within instrument and acknowledged to me t Pat h Ish ihey exfrj&d the same in hi4oheir authorized capacity(ies), and that by hijQ JeP heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 1 OPTIONAL C" I This area for Official Notarial 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 El INDIVIDUAL E] CORPORATE OFFICER 0 PARTNER(S) El LIMITED El GENERAL 0 ATTORNEY -IN -FACT EJ TRUSTEE(S) El GUARDIAN/CONSERVATOR El OTHER: SIGNER IS REPRESENTING: NAME OF PERSON�S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT - NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN NAMED ABOVE ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT 0 (D M M > 1954242 THIS POWER OF ATTORNEY ISLNOT VALID UNLESSIT IS PAINTED ON RED BACKGROUND. This 'Power of Attorney limits the acts of those named.herein, and they have no authority to bind the Company except in theLmanner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinaft6r set forth, does hereby name, constitute and appoint EDWARD N. HACKETT, NOEMI.QUIROZ, MARIALUISA FLAGUINALD VICTORIAMCAMPBELL, LISA CLARK, ALL OF THE C ITY OF SANTA ANA, STATE OF CALIFORNIA...,... 1 ....... I ...... j "': ............... 1.L ................... I ......................... I .......................... .............. ............................................. ........ ........... .. ............. . .................. ................................... each individually if there be more than one named, its true and lawful attorrvey:-in-fact to make, execute, seal, ackn*16d'ge'and' deliver. for and onL its behalf as surety and as its act and.dded, any and all undertakings, bonds, re . cog I nizances.and other surety.oblisationSL tnL the penal sum not exceeding ONE HUNDRIED MILLION AND 00/100f*************., 0*-**** DOLLARS4, 10%000,0 0 each, and the execution of such undertakings, bon 91 1 recognizances,an&other Surety O�Iilgkions, i6pursuance.,of these presents,. Shall be as binding upon the d' Company as if they had been duly signed by,the president anO,Attested bythe.s6cretarycf the Company. in,their own'Proper persons. That this power is made and executedp umyant to and by auth6rity'Of . tfi6Lf6lj(>Wing,By-Iaw. an Authorization. ARTICLE XIII - Execution Contracts: Section 5'. urety 136ndsand Undertakings. of S Any officer of the Company authorized for that purpose, in wOng byjhe�chairman,or the president,�anq subject, to such 1imitations as the. chairman or the president may prescribe, shall, appoint'such attorneys h4act , as May be necessary, to act �jn behalf of the Company to make, execute, seal, acknowledge and deliver as surety an I I and all. L undertakings bonds, recognizances-and other surety obligations. Such 'YL attorneys -in -fact, subject to the limitations Set forth in their respective powers of attorney, shall haV6LfUII power to bind the Company by their LL' U) signature and execution of any such instruments and to attach thereto s C'al of, the. Company. When so�executed such instruments shall be these e e re ry. as binding as if signed by the president and attested by�the s'L::c 'tA C By the following instrument the -chairman or the president has authorized the.offi6er or other,officiall named therein to appoint aftomeys-in-fact: L Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant � Secretary of Liberty utual Insurance Company, is hereby authorized to appoint such aftomeys-in4act as may be necessary, to act in behalf of the Company to make,'execute, seal, acknowledge and deliver as surety any and all undertakings,. bonds, recognizances and othersur ety obligations. 0 That the Bydaw and the Authorization set forth above are truecopies, thereof and: are:now in full.force and effect.. >A UJ IN WITNESS WHEREOF, this Power of Attorney has been subscribed byLan authorized officer or official of the'Company�Land the corporate seal of E E 0 CL Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 22nd day of. May Z 0 .2006 Cl) 0, qT LIBERTY MUTUAL INSURANCE COMPANY 0 E Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY 0 On this 22nd day of May 2006 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company;,that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance:Company thereto with the authority and at the direction of said corporation. > 4)0 IN TESTIMONY WH unto subscribed my nameand.1affixed my notarial.seal at Plymouth. Meeting, Pennsylvania, on the day and year Itr N D first above written. 00 I � CO &WO N W, E, kUT K 0 F P E N N SY LVA N I P E A� 04 OF TwaWa"S' NMry RA& By xrti 00 Py� T"P-, Mkg-wy C' Ter sa Pastella, Notary Pubi 0 MV cm_g%im EVM WE 28, M., 00 N'w "�N' CERTIF ICATE 1, the undersigned, Assis nt retary of Liberty Mutual Insurance Companyi dohereby certify that the original power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the. date of this certificate; and I do further certify. that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the:chairman or the president to appoint attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. nn IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this OCT 11 2W6_ day of By:' ? , �it Secretary Davi6 M. Carey, �kssiptiif R.J. NOBLE COMPANY ASPHALT PAVING - ENGINEERING CONTRACTORS 15505 E. LINCOLN AVE, P.O. BOX 620 ORANGE, CALIFOR�IA 92856 -J&S- (714) 637-1550 TO: CITY OF HUNTINGTON BEACH 2000 MAIN STREET FL 2 HUNTINGTON BEACH, CA 92648-2702 STREET REHAB- ADAMS AVE, BOLSA CHICA STREET, GOLDENWEST STREET, HUNTINGTON BEACH BID DATE: 10-17-06 ?-00 PM RTT) TTMF 4. � an, W-0Z CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 18, 2006 R. J. Noble 15505 E. Lincoln Ave. Orange, CA 92856-1015 RE: ADAMS AVE., BOLSA CHICA ST., AND GOLDENWEST ST. REHABILITATION PROJECTS — CASH CONTRACT No. 1279-81 Enclosed please find your original bid bond for CC- 1279-8 1. Sincerely, � X-Ai' Joan L. Flynn City Clerk JF:pe enclosure CALIFORNIA 92648 (Telephone: 714-536-5227) " i City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For 1. ADAMS AVENUE REHABILITATION, QQ-1279, STPL 5181057) 11. BOLSA CHICA STREET REHABILITATION, QQ-1280, STPL 5181(158) 111. GOLDENWEST STREET REHABILITATION, CC-1281, STPL 5181059) October 6, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: 1. Adams Avenue Rehabilitation, CC 1279, from Magnolia Street to Santa Ana River, STPL 5181 (157); 11. Bolsa Chica Street Rehabilitation, CC 1280, from Warner Avenue to Rancho Road, STPL 5181 (158); and Ill. Goldenwest Street Rehabiliation, CC 1281, from Warner Avenue to McFadden Avenue, STPL 5181 (159) shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED SEPTEMBER 29,2006 The Federal Labor Rates dated SEPTEMBER 29, 2006 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated October 6, 2006. R.J. NOBLE COMPANY Company Name Byo-,' MICHAEL J. CARVER, PRESIDENT 10-12-06 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For 1. ADAMS AVENUE REHABILITATION, QQ-1 279, STPL 5181057) 11. BOLSA CHICA STREET REHABILITATION, QQ-1280, STPL 5181058) Ill. GOLDENWEST STREET REHABILITATION, CC-1281-L STPL 5181059) October 9, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: Geotechnical reports for Adams Avenue, Bolsa Chica Street, and Goldenwest Street, within the project limits, are available for review at the City of Huntington Beach Public Works counter. This is to acknowledge receipt and review of Addendum Number Two, dated October 9, 2006. R.J. NOBLE COMPANY Company Name By STEVE MENI(OZA, ArST. SECRETARY 10-16-06 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-5431. SECTION C PROPOSAL . for the construction of 1. ADAMS AVENUE REHABILITATION — CC 1279 FROM MAGNOLIA STREET TO SANTA ANA RIVER STPL 5181 (157) 11. BOLSA CHICA STREET REHABILITATION — CC 1280 FROM WARNER AVENUE TO RANCHO ROAD STPL 5181 (158) 111. GOLDENWEST STREET REHABILITATION — CC 1281 FROM WARNER AVUENE TO MCFADDEN AVENUE STPL 5181 (159) 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 215 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. I - 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 z:' 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 C-1 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 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 10% BID BONDin 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 N& Date Received Signature, ADDENDUM 1 10-06-06 X ADDENDUM 2 10-09-06 X MICHAEL J. CARVER, PRESIDENT C-2 SECTION C PROJECT BID SCHEDULE CASH CONTRACT Nos. 1279,1280, & 1281 1. Adams Avenue, CC-1279, STPL-5181 (See C-2.2 thru C-2.5) 11. Bolsa Chica Street, CC-1280, STPL-5181 (158) ............... (See C-2.6 thru C-2. 10) 111. Goldenwest Street, CC- 128 1, STPL-5181 (159) .(See C-2.11 thru C-2.14) PROJECT BID: TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ 65'7 0 8 71 S,13, TOTAL AMOUNT LUMP SUM BID IN WORDS: 5'1 k" 10111116'rV Etj�W4z.,ndtqd n A T� ree- j 6 r5 Fiv e C-2.1 ADAMS AVENUE REHABILITATION CC NO. 1279 STPL - 5181 (157) C-2.2 PROJECT BID SCHEDULE Adams Ave., CC-1279 ... . ......... .......... .. . ........................................ ........................ .. ... ... ..................................... ............ I ....... . .................... .............. ... hit .. tbnded:::' L.S. Mobilization @ THIRTY EIGHT THOUSAND SIX HUtRR 38,600.00'$ 38,600.0) NO Cents Per L.S. 2 1 L.S. Traffic Control Plan @ ELEVEN THOUSAND FIVE HUNDRED Dollars NO Cents 11,500.00-$ 11,500.0 Per L.S. 3 1 L.S. Furnish Project Traffic Control �bg,4y F'tiv -Thc&.wd Dollars @r e 00 Cents .1 $ Per L.S. 4 65302 S.F. Cold Milling & Header Cutting @ ZERO Dollars $ 0.19 $12,407.38 NINTEEN Cents Per S.F. 5 20576 S.F. Surface Grind @ ZERO Dollars $ 0.39 $8,024.64 THIRTY NINE Cents Per S.F. 6 6499 C.Y. Unclassified Excavation @ THIRTY ONE Dollars 31.00 $ 201,469.( NO Cents Per C. 7 12708 Ton Construct Asphalt Concrete (0. 17, 0.33' & 0.83' Full Depth) @ SIXTY THREE Dollars $ 63.00 $ 800,604.( NO Cents Per Ton 8 8143 Ton Construct Asphalt Concrete (0. 17' ARHM Overlay) @ SEVENTY SIX Dollars $ 76.00 $618,868.( NO Cents Per Ton 9 30 Each Adjust Sewer/Storm Drain Manhole to Grade @ FOUR HUNDRED Dollars s 400.00 $ 12,000.0( NO Cents Per Each 10 49 Each Adjust Water Valve to Grade @ THREE HUNDRED NINTY Dollars $ 390.00 $ 19, 110.0( NO Cents Per Each 162 0 � M C-2.3 PROJECT BID SCHEDULE Adams Ave., CC-1279 .................... " 17 -:Est4- . .......... mm"00"066m ......................... ......... Wlth:�*t . ... ............. :P ..' ....... ... ... .......................... ............ .. . ........... W-d .46* ..................... .... . ..... I ............ ..... . . . .................. . ............ 11 2 Each n' 7' ' Me 7dj, t Moni6to' fi g 11 to ad @ THREE HUNDRED EIGHTY FIVE Dollars $385.00 $ 770.00 NO Cents Per Each 12 1 L.S. Traffic Striping @ THIRTY TWO THOUSAND Dollars $-19,000-o $ -19'000-o NO Cents Per L.S. 13 117 Each Traffic Loop @ ONE HUNDRED EIGHTY Dollars $180.00 $ 21, 060.00 NO Cents Per Each 14 525 L.F. Remove & Reconstruct Curb & Gutter @ THIRTY NINE Dollars $39.00 $20,475.0 Cents Per L. 15 4666 S.F. Remove & Reconstruct Sidewalk @ SIX Dollars s6.75 $31,495.50 SEVENTY FIVE Cents Per S.F. 16 1 L.S. Remove & Reconstruct Parkway Culvert @ FIVE THOUSAND EIGHT HUNDRED Dollars $ 5,800.00, $ 5,800.00 NO Cents Per L.S. 17 4 Each Remove & Reconstruct Access Ramp @ THREE THOUSAND ONE HUNDRED Dollars $3,100.00 $ 12,400— NO Cents Per Each 18 13 Each Construct Truncated Domes (On Existing Access Ramp) @ NINE HUNDRED Dollars $900.00 $11,700.00 NO Cents Per Each 19 27 Each Survey Monumentation @ THREE HUNDRED SEVENTY FIVE Dollars $375.00 $ 10,125.0 NO Cents Per Each 20 1 Each I Adjust Survey Monument to Grade @ TWO HUNDRED FIFTY Dollars NO Cents $250.00 I $ 950-00 -J JPer Each ) C-2.4 PROJECT BID SCHEDULE Adams Ave., CC-1279 . ............................ ................. ..... ....... ............ . ...................... ................................. ........... .... I ............ .......... . . . ... . ......................... .. .............. .... ... ......... ...................... jilt. :-w Remove Tr*" 07' 7107d' 21 5 ee and Each @ si -.x W - wdrad t-wenty filie Dollars $625.00 $ 3,125.00 no cents Cents L—L Per Each I" Total Amount Bid in Figures: $ 1 (� a a —3 Total Amount Bid in Words�O/jq -e ----------------------------------- 1-in 1�ulldg-ed /� 141.6 TA tf,', ddild,--f -0,nd hie n C-2.5 BOLSA CHICA STREET REHABILITATION CC NO. 1280 STPL - 5181 (158) C-2.6 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 ................. .. ................. .......... .... ............. ............ ........ ... ......... .... . . .......... .......... .......... ..... .... ... ...... ..... Mobilization L.S. @ FORTY SEVEN THOUSAND FOUR HUNDRM $47,400.0 -$ 47,400. NO Cents Per L.S. 2 1 Traffic Control Plan L.S. @ NINTEEN THOUSAND Dollars $ 19,000.00, $ 19,000.0( NO Cents Per L.S 3 1 Furnish Project Traffic Control L.S. Dollars 47L�)'00"Dd Ivo Cents Per L.S. 4 132088 Cold Milling & Header Cutting S.F. @ ZERO Dollars $ 0.19 $ 25,096. NINTEEN CENTS Cents Per S.F, 5 4965 Unclassified Excavation C.Y. @ THIRTY FIVE Dollars $ 35.00 $ 173,775.( NO Cents Per C.Y. 6 9648 Construct Asphalt Concrete (0.33', 0.50' & 0.83' Full Depth) Ton @ SIXTY TWO Dollars $ 62.00 $598,176.0( NO Cents Per Ton 7 13197 Construct Asphalt Concrete (0. 17' ARHM Overlay) Ton @ SEVENTY SIX Dollars $ 76.00 $1,002,97 NO Cents Per Ton 8 37 Adjust Sewer/Storm Drain Manhole to Grade Each @ THREE HUNDRED TEN Dollars $310.00 $ 11,470.00 ZERO Cents Per Each 9 11 Adjust OCSD Manhole to Grade Each @ EIGHT HUNDRED FIFTY Dollars $850.00 $ 9,350.00 no Cents Per Each /7 10 90 Each Adjust Water Valve to Grade @-rhrte J4tt#1ifreA- Dollars cc ar �j Do (116110 %L/Vd Cents :30 &06-' Wer Each "In HIM M C-2.7 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 ........................... .. ........... . ....... ..... tefided:::::: ....... ... .. . ... ........... 11 3 ffic Pull Box to Adjust Tra 18 '8 1' 7adwe Each @TWO HUNDRED NINTY FIVE Dollars $ 295.00 $ 885.00 ZERO Cents Per Each 12 8 Adjust Monitoring Well to Grade Each @ TWO HUNDRED NINTY FIVE Dollars $ 295.00 2 zero Cents Per Each 13 1 Traffic Striping L.S. @ FIFTY EIGHT THOUSAND Dollars $ 58,000.0 58,000, NO Cents Per L.S. 14 132 Each Traffic Loop @04e H94dtel- Dollars 1�6 100, 3 �Qvl 47 Cents Per Each 15 290 Remove & Reconstruct Curb & Gutter L.F. @ THIRTY NINE Dollars $39.00 $ 11. 310.00 NO Cents Per L.F. 16 6 Remove & Reconstruct Median Curb L.F. @ ONE HUNDRED FIFTY FIVE Dollars 055.00 s 930.00 NO Cents Per L.F. 17 4002 Remove & Reconstruct Driveway (8" Thick) S.F. @ EIGHT Dollars $8.50 $34,017.00 FIFTY CENTS Cents Per S.F. 18 8785 Remove & Reconstruct Sidewalk S.F. @ six Dollars $6.75 $59,298.7 SEVENTY FIVE Cents Per S.. 19 6307 Construct Sidewalk (see Section 303-5.9) S.F. @ SIX Dollars $6.75 $ 42,572.25 SEVENTY FIVE Cents Per S.F. 20 2 Remove & Reconstruct Parkway Culvert Each @ FIVE THOUSAND EIGHT HUNDRED Dollars $ 5, 800. 00 11, 600. 0 No Cents Per Each C-2.8 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 d d.'.. ................. . 0 .............. ............. ...... 0446* ............... ............ I .. .......... 21 10 ;7707 7 ;ec'2o'*n:87u'0c7 Access Ramp Each @ THREE THOUSAND ONE HUNDRED Dollars 3,100.00, S 31,000.01 . NO Cents Per Each 22 23 Construct Truncated Domes (On Existing Access Ramp) Each @NINE HUNDRED Dollars 900.00 20,700.0' NO Cents Per Each Pedestrian Push Button Relocation (Includes new posts, conduit 23 2 and appurtenant work. (See Bolsa Chica Sheet 6) Each @ two thousand six hundred Dollars $2,600.00, $ 5,200.00 no Cents Per Each 24 13 Survey Monumentation Each @ FIVE HUNDRED FIFTY Dollars $ 550.00 $ 7,150.00 NO Cents Per Each 25 3 Adjust Survey Monument to Grade Each @ two hundred forty Dollars $240.00 $ 720.00 no Cents Per Each 26 65 Remove Tree and Grind Each @SIX HUNDRED TWENTY FIVE Dollars $ 625.00 40,625.0( NO Cents Per Each 27 4 Construct New 6'Tree Well (includes Sidewalk Removal) Each @ TWO HUNDRED FIFTY Dollars s 250.00 s 1,000.00 NO Cents Per Each 28 5 Construct New 30'Tree Well (Includes Sidewalk Removal) Each @TWO HUNDRED FIFTY Dollars $ 250.00 $ 1,250.00 NO Cents Per Each Furnish and Plant New 24" Box Tree (See Appendix III, Project 29 80 Tree Species Palette) Each @FIVE HUNDRED FIFTY Dollars $ 550.00 $ 44,000.00 NO Cents Per Each 30 1 90 Day Plant Establishment and One Year Maintenance L.S. @TWENTY NINE THOUSAND Dollars 29,000.00. $ 29,000.0( NO Cents Per L.S. C-2.9 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 ......... .. ........ .. ........... ....... . . . Q - * .... * '' - :::: ................ 'w ::::::U. hit. Total Amount Bid in Figures: $ 17 '.? Total Amount Bid in Words: -------- ------------------------------------- ..................................................... C-2.10 GOLDENWEST STREET REHABILITATION CC NO. 1281 STPL - 5181 (159) C-2.11 PROJECT BID SCHEDULE Goldenwest St., CC-1 281 .. .................. . ... ........... . .......... ....... I ...... . . . .. .. ...... ... .. . ....... L.S. Mobilization THIRTY FOUR THOUSAND EIGHT ,YPDRED @ as 34,800.00, 34,800.( NO Cents Per L.S. 2 1 L.S. Traffic Control Plan @ ELEVEN THOUSAND NINE HUNDREED,11a,s 11$900.0),$ 111900.0( NO Cents Per L.S. 3 1 L.S. Furnish Project Traffic Control @ Dollars s 5,9 Oo 6 .6,0, $ Cents Per L.S. 4 67714 S.F. Cold Milling & Header Cutting @ NO Dollars $ 0.24 - $ 16,251.3( TWENTY FOUR Cents Per S.F. 5 5191 C.Y. Unclassified Excavation @ THIRTY SIX Dollars 36.00 186,876.( NO Cents Per C.Y. 6 10091 Ton Construct Asphalt Concrete (0.33' & 0.83' Full Depth) @ SIXTY TWO Dollars 62.00 625,642.( NO Cents Per Ton 7 7862 Ton Construct Asphalt Concrete (0.17'ARHM Overlay) @ SEVENTY SIX Dollars 76.00 597,512. NO Cents Per Ton 8 7 Each Adjust Sewer/Storm Drain Manhole to Grade @ THREE HUNDREDFORTY FIVE Dollars $ 345 00 $ 2,415.0 NO Cents Per Each 9 17 Each Adjust OCSD Manhole to Grade @ FIVE HUNDRED SIXTY Dollars $ 560.00 s 9,520.00 NO Cents Per Each 10 42 Each Adjust Water Valve to Grade @ THREE HUNDRED NINTY FIVE Dollars $ 395.00 I $ 16,590.01 NO Cents Per Each 0 C-2.12 PROJECT BID SCHEDULE Goldenwest St., CC-1281 1-teth: ......... .... . h W h twi ` .... - :::::::::jtu - -it ................. ...... .... ....... .. . . ........ ........... ................. ................... � d .................. Eiteft d ed: ........ =mmmow'm� 11 I 2 Each 77ju0s0M0on*ito,ing Well to Grade @ Dollars Cents $ 7J" 6,A) s Per Each 12 1 L.S. Traffic Striping @ FORTY NINE THOUSAND Dollars $ 49,000.01) �49,000.00 NO Cents Per L.S. 13 94 Each Traffic Loop @ ONE HUNDRED EIGHTY Dollars $ 180.00 $ 16,920.00 NO Cents Per Each 14 830 L.F. Remove & Reconstruct Curb & Gutter @ THIRTY NINE Dollars $ 39.00 $ 32,370.0 NO Cents Per L.F. 15 3229 S.F. Remove & Reconstruct Sidewalk @ six Dollars $ 6.75 $ 21,795.75 SEVENTY FIVE Cents Per S.F. 16 32 Each Construct Truncated Domes (On Existing Access Ramp) @ NINE HUNDRED Dollars $ 900.00, $ 28,800. Cents Per Each 17 12 Each Survey Monumentation @ SIX HUNDRED FIFTY Dollars S 650.00. S 7,800.00 NO Cents Per Each 18 21 Each Remove Tree and Grind @ SIX HUNDRED TWENTY—FIVE Dollars $ 625.00 - $13,125.00 NO Cents Per Each 19 5 Each Construct New 6'Tree Well (includes Sidewalk Removal) @ TWO HUNDRED TWENTY—FIVE Dollars NO Cents $ 225.00, $1,125.00 Per Each 20 10 Each Construct New 30'Tree Well (Includes Sidewalk Removal) @ TWO HUNDRED TWENTY—FIVE Dollars $ 225. 00 - $ 2, 250. 00 no Cents Per Each C-2.13 PROJECT BID SCHEDULE Goldenwest St., CC-1281 ItOrriTsEstiffintedl. ltertrw'it ............ ................ i ... ....... ftj .... .... A.jji 6 6 t: 21 39 Each Furnish and Plant New 24" Box Tree (See Appendix III, Project Tree Species Palette) @ FIVE HUNDRED FIFTY Dollars $ 550.00 21,450.0( NO Cents Per Each 22 1 L.S. 90 Day Plant Establishment and One Year Maintenance @ TWENTY ONE THOUSAND Dollars $ 21,000.00 21,000.0( NO Cents Wer L.S. Total Amount Bid in Figures: V) q Total Amount Bid in Words: ----------------------------------------------------------------------------------------------------------- C-2.14 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 21,26 is P.O. __ Box 3260, Orange, CA 92857 654506 C-2� 14�13 15-22 ,-,Elite Bobcat Service fj�� E_ sixt-_h qt- 4100 720,016 A 14-16 Corona, CA 92879 13,14 111 Loop Masters Inc. 4740 E. Bryson S., Anaheim 92807 755319 A 27-30 19-22 Phoenix LandscaT)e Inc. 92631 521 E. Walnut Ave., Fullerton _.2.. 284586 c-27 4,5,4, 4 Pavement Recycling Systems P.O. Box 1266, Riverside 92501 569352 A 12,13, 12 Orange County Striping in N_ Piklev, Orange, CA 92868 346095 C-3 19,20,24 25, 17 Case Land Surveying 614 N. Eckhoff, orange 92868 5411 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 I 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 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, f�rther, 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 J'a0ture ZofBidder MICHAEL J. CARVER, PRESIDENT 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Address of Bidder Subscribed and sworn to before me this 17th day of OCTOBER , 200 6 NOTARY IONGH JENNIFER DE IONG—H----t NOTARY PUBUC-CAUFORNiA COMMISSION # 1448237 ORANGE COUNTY Mk Comm. ExR. October 28, 2007 NOTARYSEAL c-4 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, isfamiliar 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 Cominission 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: 10-17-06 R.J. NOBLE COMPANY Contractor MICHAEL J. CARVER, PRESIDENT Title C-5 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? EJ Yes �4 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. W11 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sip 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: 10-17-06 R.J. NOBLE COMPANY Contractor BY/7 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: 10-10-06 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work, Additionalforms may be obtainedftom the AGENCY upon request. c-8 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 08-14-2000 Original Date Issued 08-31-08 Expiration Date The work site was inspected by STEVE MENDOZA of our office on 10-10-06 200—. The following are persons, firms, and corporations having a principal interest in this proposal: R.J. NOBLE COMPANY ,MICHAEL J. CARVER, PRESIDENT STAN HILTON, SECRETARY STEVE MENDOZA, ASSISTANT SECRETARY 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 of Bidder MICHAEL J. CARVER, PRESIDENT Printed or Typed Signature JENNIFER IONGH NOTAI:ff pUBuC CAUFORNK uj COMmisSION # 144M37 F- Subscribed and sworn to before me this 2006 ORANGE COUNTY _I 7 tday of OCTOBER )or 28,2DO73 NOTARY PUBL1 DE IONGH NOTARY SEAL Listed below are the n�hme"dress and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 2 91 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 () 5 1-694-641 1 1.7 MILLION PAVEMENT REHAB Contract Amount Type of Work CITY OF BUENA PARK, 6650 BEACH BLVD, BUENA�PARK, CA 90620 Name and Address of Public Agency SEPTEMBER 2005 Date Completed Name and Telephone No. of Project Manager: SAM MAKAR 714-562-3750 1.2'MILLION STREET IMPTS SEPT 2004 Contract Amount Type of Work Date Completed CITY OF SANTA ANA, P.OL 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 DECEMENT 2005 Contract Amount Type of Work Date Completed C-10 Local Assistance Procedures Manual EXHIBU 12-E PS&E Checklist Instructions Attachment C (THE BIDDER'S =C UTION ON THE SIGNA TURE P OR TION OF THIS PR OP OSAL SHALL ALSO CONSTITUTE AN ENDORSEAIENT AND EXECUTION OF THOSE CER TIFICA TIONS WHICH A RE A PA R T OF THIS PR OP OSA L) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder R. J. NOBLE COMPANY subcontractor proposed hereby certifies that he has_2L, has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO- 1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts andsubcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 C-1 1 March 15,2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: NONE F] a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: NONE Fla. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity NONE E] Prime FiSubawardee Tier I if known Congressional District, if known 6. Federal Department/Agency: NONE 8. Federal Action Number, if known: NONE 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) NONE 3. Report Type: NONE a. initial b. material change For Material Change Only: year _ quarter date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: NONE Congressional District, if known 7. Federal Program Name/Description: NONE CFDA Number, if applicable 9. Award Amount, if known: NONE b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) NONE (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) $ NONE El actual planned 12. Form of Payment (check all that apply): a. cash b. in -kind; specify: nature NONE value 13. Type of Payment (check all that apply) a. retainer b. one-time fee NONE c. commission d. contingent fee e deferred f. other, specif� 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including offlicer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: NONE (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes n No 13 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Signature: Print Name: MICHAEL J. CARVER Title: PRESIDENT TelephoneNo.: 714-637-1550 Form LLL Rev. 09-1 Date:10-17-06 Authorized for Local Reproduction Standard Form - LLL Page 12-87 LPP 01-04 C-12 March 15, 2001 tXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COWLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 13 52. The filing of a form is required for such payment. or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1 . Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 C-13 LPP 01-04 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90((ENDIF)) Page 12-89 LPP 01-04 C-14 March 15, 2001 BID r2ryigi. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond NO. N/A KNOW ALL F-11EN BY THESE PRESENTS, That R. J. NOBLE COMPANY as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMIPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Ob!irinp, hProinnftpr r-plipri thp nhiinpp,, in thp. sLiM 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. WHERIE-AS, the Principal has submitted a bid for STREET REHAB - ADAMS AVE/BOLSA CHICA ST/GOLDENWEST ST (CC127912801281) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract wfth 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 Co&acl and give such bond or bonds, if the P[InL-4-pal shall payto the Obligeethe diflerence notto exceed the penalty hereol between the amount specified in said bid and such larger amount forwhich the Obligee may in good faith co-ntractv.dth an -'he., party to Perform the Work covered by said No', then this obligation shall be Pull and void, otherwise to remain in full force and effect - Signed and sealed this 2nd day of OCTOBER, 200(l R. J. NOBLE COMPANY O'Ajiiness) (Principall fSeal) Micl�oi J. Carver, President Jilie) C�Vitne_ss) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA MI'CAEL D'ST&V� Printed in cooperation with the A-merican institute of Architects (AIA) by Travelers Casualty and Surety Company of Arnerica. The language in this document conforms exactly to the language used in AIA Document A310, February 1970 edition. S-1?69-0 (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On .. 16 -,A � " —before me, CAROL PETTIT, 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) No. 5907 personally known to me - OR - 1:1 proved to me on the basis of satisfactory evidence to be the person?'--' whose nameN isVa subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/WANN authorized capacity(ie-s-), and that by his/her/their signatureN) on the instrument the personN1 or the entity upon behalf of which the person(* 0 acted, executed the instrument. CAROL;ETTIT OLF WITNESS my hand and official seal. r7'-r;.Z"I'ANOTARYP=UBLJIC-CAUFORNIA 1 COWASSION # 1439768 a ORANGE COUNTY Comm. ExR. Serember 23,2007 SIGNATURE OF NOTARY OPTIONAL I 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 [I INDIVIDUAL El CORPORATE OFFICER TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) El GUARDIAN/CONSERVATOR El 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 L91 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE I ss. On 0 before me, — R. CISNEROS "NOTARY PUBLIC" Date Name and Title of Officer (e.g., Jane Doe. Notary Public personally appeared MICHAEL D. STONG R, CISNEROS 1 COMM. #14UB731 I" NOTARY pUsUC OALIFORNIA U� IvE E� 7 T RIVERSiDE UNTY m V rX j 00 , P1 mm.E Place Notary Seal Above Name(s) of Signens) [9 personally known to me 0 proved to me on the basis of satisfactory evidence to be the personXwhose namep"i isifve< subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef,44eifT authorized capacity(isee), and that by hisllhef,144exif signatureWon the instrument the person.(e or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and. official seal. Signature of Notary Public I 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: 0 Individual Top of thumb here El Corporate Officer — Title(s): L1 Partner — 0 Limited [] General 0 Attorney in Fact 0 Trustee [I Guardian or Conservator D Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave- PO Box 2402 - Cli CA 91313-2402 - www nalionalnoaryg Prod No. 5907 Reorder: Call Toll-Fiee 1.800-876 6827 OF ATTORNEY IS INVALID WITHOUT THE RED BORDER aST-PAUL TRAVELERS POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217083 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 001006678 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 duty 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 Califomia - , their true and lawful Attomey(s)-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.�usiness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permittb1lin any a�dons or proceedings allowed by law. IN WITN�S$ WHEREOF, the Compift have caused this instnjm0*%,Io be sA e t I, orate seals to be hereto affixed, this ,gn &a uly day of State of Connecticut City of Hartford ss. Farmington Casualty CoW6 St. Paul Guardian Insurance Company Fidelity and Guaranty St. Paul Mercury Insurance Company Fidelity and Guaranty insu' e' n erw ers, Inc. Travelers Casualty and Surety Company I Oth Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company ®R,)-%12R " < 0"OR4 By: G/.,g, Wdompson, Sen(j President I Oth July 2006 On this the - day of - , 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 behalfof the corporations by himself as a duly authorized officer. L L Ct In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public *CN � NECT)S' 58440-6-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Compdny,-Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Co -My, SL 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, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indenuiity� and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President� any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duty attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary� any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to arty certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, 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 Sux;ki�(knpat"-f,?kmeric�&--ind United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the by sUlleompanies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and'"A the-s8a s of saicL-& ies this day of 2001-:1. t 4— Kori M. JohansJu/Assistaut Secretary Fit" g HARTFORD. CO*L E To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attomey-In-Fact number, the above -named individuals and the details of the bond to which the power is attached. PALP, INC. DBA EXCEL PAVING COMPANY 2230 1--Uf,,0N AVENUE 2096 OCT 17 PH 1: 53 CA ilto f0txcA0a)&0-w DO A)*, 6*&% 496&0t4a 7/ 2 c'3//. 6 2 T/c f-�Aj k2 (o F.j4 "t& CITY OF HUNTINGTON BEACH ez) 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK December 18, 2006 PALP, Inc., dba Excel Paving Company 2230 Lemon Ave. Long Beach, CA 90856-5124 RE: ADAMS AVE., BOLSA CHICA ST., AND GOLDENWEST ST. REHABILITATION PROJECTS — CASH CONTRACT No. 1279-81 Enclosed please find your original bid bond for CC-1279-81. Sincerely, JF:pe enclosure (Telephone: 714-536-5227) IU: trom: LbilUbLUOLK 1U-Ub-U0 U:JJam P. I ot e4 Date: 10/06/2006 8:08:47 AM From: City of Huntington Beach, Jo Claudio Su ect: Addendum Number One To: CRISSA PHILIPS - EXCEL PAVING Fax: (562) 591-7485 Phone: (562) 599-5841 Project Information: Project Name: Adams Ave., Bolsa Chica St., & Goldenwest St. Rehabilitation Project #: CC- 1279/80/81 Location: City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-543 1, Fax (714) 374-1573 ADDENDUM NUMBER ONE For I. ADAMS AVENUE REHABILITATION, CC- 1279, STPL 5181(157) II. BOLSA CHICA STREET REHABILITATION, CC-1280, STPL 5181 (158) III. GOLDENWEST STREET REHABILITATION, CC-1281, STPL 5181 (159) October 6,2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: I. Adams Avenue Rehabilitation, CC 1279, from Magnolia Street to Santa Ana River, STPL 5181 (157); 11. Bolsa Chica Street Rehabilitation, CC 1280, from Warner Avenue to Rancho Road, STPL 5181 (158); and III. Goldenwest Street Rehabiliation, CC 1281, from Warner Avenue to McFadden Avenue, STPL 5181 (159) shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED SEPTEMBER 29,2006 The Federal Labor Rates dated SEPTEMBER 29, 2006 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated October 6,2006. IU: r. frOM: L0i1UDLKCUDLK Company Name By PALP, INC.'30A' 'NY EXCEL PAVING COP -A lu-uo-uu 0:jjdW P. C UL C1 Date OCT 17 2006 AC.P� BROWN, PRESIDENT All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-543 1. GENERAL DECISION: CA20030035 09/29/2006 CA35 Date: September 29,2006 General Decision Number: CA20030035 09/29/2006 Superseded General Decision Number: CA020035 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Orange County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 06/13/2003 101/30/2004 2 03/05/2004 3 04/02/2004 4 05/21/2004 5 07/16/2004 6 08/27/2004 7 10/08/2004 8 01/14/2005 9 01/28/2005 10 02/11/2005 1104/08/2005 12 04/22/2005 13 06/17/2005 14 07/22/2005 15 08/05/2005 16 08/19/2005 17 09/09/2005 18 11/18/2005 19 12/02/2005 20 12/23/2005 2102/03/2006 22 02/10/2006 23 03/17/2006 To: DE8B78B93EO042859E525FDBB5C7FOA From: MIUSER2USER 10-09-06 4:33pm p. 1 of 2 Date: 10/09/2006 4:18:50 PM From: City of Huntington Beach, Jo Claudio Subject: Addendum Number Two dated October 9, 2006 To: CRISSA PHILIPS - EXCEL PAVING Fax: (562) 591-7485 Phone: (562) 599-5841 Project Information: Project Name: Adams Ave., Bol sa Chica St., & Goldenwe st St. Rehabilitation Project #: CC- 1279/80/81 Location: City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-543 1, Fax (714) 374-1573 ADDENDUM NUMBER TWO For 1. ADAMS AVENUE REHABILITATION, CC- 1279, STPL 5181(157) 11. BOLSA CHICA STREET REHABILITATION, CC- 1280, STPL 5181 (158) Ill. GOLDENWEST STREET REHABILITATION, CC-1281, STPL 5181 (159) October 9, 2006 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: Geotechnical reports for Adams Avenue, Bolsa Chica Street, and Goldenwest Street, within the project limits, are available for review at the City of Huntington Beach Public Works counter. This is to acknowledge receipt and review of Addendum Number Two, dated October 9, 2006. Pl�,LP- INC. I)Bh, F-XC,FL PAVING COMPANY Company Name By I-- C.P, BROWN, PRESIDENI" Date OCT 17 2006 All bidders must acknowledge the receipt of this Addendum with your bid proposal. To: DE8B78B93EO042859E525FDBB5C7FOA From: CBIIUSER2USER 10-09-06 4:33pm p. 2 of 2 Should you have any questions regarding this Addendum, please call Jonathan Claudio at (714) 536-543 1. SECTION C PROPOSAL for the construction of 1. ADAMS AVENUE REHABILITATION — CC 1279 FROM MAGNOLIA STREET TO SANTA ANA RIVER STPL 5181 (157) II. BOLSA CHICA STREET REHABILITATION — CC 1280 FROM WARNER AVENUE TO RANCHO ROAD STPL 5181 (158) 111. GOLDENWEST STREET REHABILITATION — CC 1281 FROM WARNER AVUENE TO MCFADDEN AVENUE STPL 5181 (159) in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: la pompliance 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 perforin 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 215 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 cont ract 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 C-1 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 AGENCYs notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY's option, be considered null and void. "TEN PERCENT OF AMOUNT BID - Accompanying this proposal of bid, find W 60ft 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 41 C-� C.P. 3W WK IPT�ESIDEWI POYM PRESIDEN c-2 SECTION C PROJECT BID SCHEDULE CASH CONTRACT Nos. 1279,1280, & 1281 1. Adams Avenue, CC-1279, STPL-5181 (157) ..................... (See C-2.2 thru C-2.5) 11. Bolsa Chica Street, CC-1280, STPL-5181 (158) ............... (See C-2.6 thru C-2. 10) 111. Goldenwest Street, CC-1281, STPL-5181 (159) C-2.11 thru C-2.14) PROJECT BID: TOTAL AMOUNT LUMP SUM BM E*4- FIGURES: $ I, ioiz,-7q TOTAL AMOUNT LUMP SUM BID IN WORDS: it M14 C-2.1 ADAMS AVENUE REHABILITATION CC NO. 1279 STPL - 5181 (157) C-2 2 PROJECT BID SCHEDULE Adams Ave., CC-1279 .............. .................. ... ........... ....... ... .............. ................. . .. .... ................ .............. L.S. Mobil* Dollars $ 0(06D Cents Per L.S. 2 1 L.S. Traffic Control Plan @ &A-e* Dollars $ Cents Per L.S. 3 1 L.S. Furnish Project Traffic Control @ J"W'D Dollars —9— Cents $ $ Per L.S 4 65302 S.F. Cold Milling & Header Cutting @ Dollars Cents Per S.F. 5 20576 S.F. Surface Grind @ Dollars Cents Per S.F. 6 6499 C.Y. F Unclassified Excavation @ Thm Dollars Cents Per C. 7 12708 Ton Construct Asphalt Concrete (0. 1 T, 0.33' & 0.83' Full Depth) @ 10-14 �*f Dollars Cents Per Ton 8 8143 Ton Construct Asphalt Concrete (0. 17' ARBM Overlay) le — ndugfiq tTw Dollars s -7 Cents Per Ton 9 30 Each Adjust Sewer/Storm Drain Manhole to Grade I @ 641K buwyW 6" Pv�)ollars ICY— Cents $ $ lk Per Each 10 L 49 Each I— Adjust Water Valve to Grade @ k#ew "" 'S47� Dollars s J Cents Wer Each C-2.3 PROJECT BID SCHEDULE Adams Ave., CC-1279 077 '27� .............................. .... ............... ....... 67t' . ........... Each 7ddmj 7'7i't*,,7g 771 7' Made' @ �kwyw Fffw Dollars Cents s s -70D Per Each 12 1 L.S. Traffic Striping Dollars Cents $ $ Per L.S. 13 117 Each Traffic Loop @ 1W2 TV0 Dollars $ DO, $ Cents Per Each 14 525 L.F. Remove & Reconstruct Curb & Gutter @ Rft FbK Dollars 4)— Cents $ $ MOO, Per L.F. 15 4666 S.F. Remove & Reconstruct Sidewalk @ Dollars 591 $ I-Tr5n, - Cents Per S.F. 16 1 L.S. Remove & Reconstruct Parkway Culvert @ FTW gb��Dollars $ 5400 Cents Per L.S. 17 4 Each Remove & Reconstruct Access Ramp fik i"s4w ltwNyry @ Dollars $ Cents Per Each 18 13 Each I Construct Truncated Domes (On Existing Access Ramp) @ "Do ars Cents Per Each 19 27 Each Survey Monumentation Dollars Cents Per Each 20 1 Each Adjust Survey Monument to Grade @ f5K ffiA&W1k(J1 11 Dollars I& $ — 15r— Cents Per Each C-2.4 PROJECT BID SCHEDULE Adams Ave., CC-1279 .. ........ ............... .................... 21 5 Remove Tree and rind Each @ W16 fl-"I—�—Dollars $ 4017-A. $ Cents jPer Each Total Amount Bid in Figures: $ (05"� Total Amount Bid in.Words: ------------------------ --------- - -- ----- SL V16f/"o , C-2.5 BOLSA CHICA STREET REHABILITATION CC NO. 1280 STPL - 5181 (158) C-2.6 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 .......... ........................ .......... .... ...... ... ........ ...... .... .. ..... ............... ... . .. ..... .... ............ L.S. MobilIzation Rxq Dollars @ Cents $ Per L.S. 2 1 L.S. Traffic Control Plan @ AADkEj4V!N +4144 Q" Dollars A00— Cents Per L.S 3 1 L.S. Furnish Project Traffic Control —"44 @ Dollars Cents Per L.S. 4 132088 S.F. Cold Milling & Header Cutting @ Dollars 1A EXT, Cents Per S.F. 5 4965 C.Y. Unclassified Excavation @ �ftm Dollars $ Cents Per C.Y, 6 9648 Ton Construct Asphalt Concrete (0.33', 0.50' & 0.83' Full Depth) @ -'S Dollars $ Cents Per Ton 7 13197 Ton Construct Asphalt Concrete (0. 17' AMM Overlay) —Dollars Cents Per Ton 8 37 Each Adjust Sewer/Storm Drain Manhole to Grade @ f�f6Wf 81*�W @ken 91N�ol rs $ fe—f—I Cents Per Each 9 11 Each Adjust OCSD Manhole to Grade @ &V Cents Per Each 10 90 Each Adjust Water Valve to Grade @ Dollars ( '00 40Q, Cents Per Each 51, C-2.7 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 No,� ::-QwA6t1tY' ......... ................... d '... - " ...... ........ ......... .......... : 'j� hit.' Pk ............... 11 3 Each Adjust Traffic Pull Box to Grade aq ililm- Ylip 1+,�WKD @ FIIEV—A-9 Dollars $ 49— Cents Per Each 12 8 Each Adjust Monitoring Well to Grade @ f�� 14"r-60 'fh(!�A 'hie— Dollars s 5'35-, Cents Per Each 13 1 L.S. Traffic Striping �5,y 7tlipl;AA� Dollar, $ Cents Per L.S. 14 132 Each Traffic Loop @ -nA)Q Ayxio%p Dollars $ -7 -7 0— Cents Per Each 15 290 L.F. Remove & Reconstruct Curb & Gutter @ Dollars $ Cents Per L.F. 16 6 L.F. Remove & Reconstruct Median Curb 9(f4ffAt1-11 P'-Dt'ollars s 4�— Cents Per L.F. 17 4002 S.F. Remove & Reconstruct Driveway (8" Thick) @ PrAt Dollars s 3 -7 /b 7ff4he401 Cents Per S.F. 18 8785 S.F, Remove & Reconstruct Sidewalk Dollars @ 6 ;- ��— 6r S Cents Per S.F. 19 6307 S. F. Construct Sidewalk (see Section 303-5.9) @ 6eiff� Dollars FT- Cents Per S.F. g 20 2 Each Remove & Rec-ons arkway CLIlve_a - - VIWF'114'r�� btAtCA @ Dollars s2 7 700 Cents Per Each C, L5-- C-2.8 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 Jteth: ...... ............... ............ rh: ...... ............. .......... ..................... ....... .................. . ..... ......... ............... .......... .. ........... .................................... .............. In 21 10 Each Remov & Reco t Agqess Ramp TM� "Wo f—'IX Poo" (C�V Dollars Cents Per Each 22 I 23 Each Construct Truncated Dom wcep Rarnp) ,;�JOn Existing A /No �"% am— MW rib Dollars @ $ Cents Per Each 23 2 Each Pedestrian Push BLIttOn Relocation (includes new posts, conduit and appurtenant work. (See Bolsa Chica Sheet 6) @ rs $ Cents Per Each 24 1 3) Each I Survey Monumentation @ Dollars Cents Per Each 25 3 Each Adjust Survey Monument to Grade @ Dollars Cents Per Each 26 65 Each Remove Tree and Grind @ 141�&" J-14)444" Dollars $ (a Cents Per Each 27 4 Each Construct New eS I lk Removal) fVM i�Tree Well (InClUd SideWa fkj" @ f�f ffollars Cents Per Each 28 5 Each Construct New 30'Tree Well ( nci�es Sidewalk Removal) ,fTW_ 1��J --1-6,04- 1-11A*Ab 1). Dollars L 9 $-1 _64— Cents Per Each 29 80 Each Furnish and Plant New 24" Box Tree (See Appendix 111, Project Tree Species Palette) @ IR\& Nkmvlo 10—Tam —Dollars Cents Per Each 30 1 L. S. 90 Day Plant Establishment ap� One Year Maintenance MY)f Dollars $ Cents Per L.S. C-2.9 PROJECT BID SCHEDULE Bolsa Chica St., CC-1280 :1161hTE8 .................... . ...... ............... .. ... '.. ........... '... -Q��Ofty . ......... ........ ............ ........ -, .I. ..... ...... I I ..... *.,.,::: ............. .............. I. � . : - .1 7, :::Xh'1t. -:pkko�:� ':A' 11 Total Amount Bid in Fiaures: $ (0 '� 11 Total Amount Bid in Words: f --------------------------------------------- F w-h--- C-2.10 GOLDENWEST STREET REHABILITATION CC NO. 1281 STPL - 5181 (159) C-2.11 PROJECT BID SCHEDULE Goldenwest St., CC-1281 lterh� E�tifn:a*ted. dtt�414*00 .............. ...... :::::�w I I .... .............. Am L.S, Mobilization Dollars s 54wo- 54 opp— Cents Per L.S. 2 , I L.S. TraffiqZontrol Plan A WWAC4A @ 'ym I( ftI, Dollars -00 Cents Per L.S. 3 1 LS. Furnish Project Traffic Control @ --I) 1-)N , " v 4Nw Dollars Per L.S. -a-- Cents 4 I 67714 S.F. Cold Milling & Header Cutting @ Dollars $ Cents Per S.F. 5 5191 C.Y. Unclassified Excavation @ Dollars Cents Per C.Y. 6 10091 Ton Construct Asphalt Concrete (0.33' & 0.83' Full Depth) @ 4W11-1a, Dollars 9.f AtfAXTVI 1-)IIXJ -Cents Per Ton i 7 7862 Ton Construct Asphalt Concrete (0. 17' ARHM Overlay) @ +)A Dollars Cents Per Ton 8 7 Each Adjust Sewer/Storm Drain Manhole to Gr�Ae Ply — @ —Dollars $ (0 Cents Per Each 9 17 Each Adjust OCSD Manhole to Grade Dollars Cents Pei- Each 10 42 ach JEa c I i Adjust Water Valve to Grad @ 4AW-A Dollars Cents S 9/ 926 ,Per Each � 0 OF 2 C-2.12 PROJECT BID SCHEDULE Goldenwest St., CC-1281 Item ... ............ .......... ...... ... ........ . .... ... ... ............ ......... ................... ........... t Jh40.ft . ........ ...... I .... .............. .. .... .. .. .......... ......... :':Tilik: . ::Y:::::::Am .. ........... 11 2 Each Adjust Monitoring Well to Grade @ 1�� 400&W Dollars $ ROOD Cents Per Each 12 1 L. S. Traffic Striping @ a�-W Dollars Cents Per L.S. 13 94 Each Traffic Loop @ /'111)0 tZo Dollars $ Iq _G Cents Per Each 14 830 L.F. Remove & Reconstruct Curb & Gutter @ Dollars $ 5V. $ V-154V —Cents Per L.F. 15 3229 S.F. Remove & Reconstruct Sidewalk @ Dollars Vf' —Cents Per S.F. 16 32 Each Construct Truncated Domes (On Existing Access Ra @ IMI) Dollarl 215D ArCents Per Each 17 12 Each Survey Monurnentation @ r--,Amy&\ VwAyorw Dollars Cents Per Each 18 21 Each Remove Tree and Grind @ tAlmi� Dollars Cents Per Each 19 5 Each Construct New 6'Tree WelL(Includes Si ewalk e oval) A �� Rea Dollars @1 W!� s. $ /0-70— Cents Per Each 20 10 JEOa c h Construct Ne,,v_.UY Treq Well (InGA4es. :walk n o , Sid fA -f-MV I VIA" @ Dollars (Jnsw $ 7 C/ Cents ,Per Each C-2.13 PROJECT BID SCHEDULE Goldenwest St., CC-1281 .......... ................... .......... ................... ....... 21 39 Each Furnish and Plant New 24" Box Tree (See Appendix III, Project Tree Species Palette) @ f�P OYU Dollar, Cents $ Per Each 22 1 L.S, 90 Day Plant Establishment �nd One Yew Maintenance ella?At vs r4v(— @ —Dollars Cents Per L.S. Total Amount Bid in Figures: $ 515 ........ Total. A.To.unt. Bid in - Words: I 'Two .. ... U.1" -- --- --- ----- -- -- .......... k1AQ 6 69114 Sb/juo C-2.14 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 andAddress of Subcontractor State License Number Class by�[ C L A-Lu sA uu'a 5 &A 5V� -Ph � *W ' I ativipykA VC1_C_ Dy ahtle W?ln I �M 6-N RA 3Y Z, Agu� Jq3q6J ftf 6 bl� V 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. 3C c-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange C.P. BROWN being fiTqtr'd-4by,'.s-W.drn, deposes and says that he or she is PRESIDENT of EXCEL PAVING COMPANY 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. Subscribed and sworn to before me this NOTARY PUBLIC SEEATTACHED "'Al t). jj�C. DBA EXCEj- PAVING COMPANY Name of Bidder C�'?JL� - P. SRO N, PRE -,-)!DENT Signature of Bidder 2230 LEMON AVENUE LP �1^ nr-Ar�W CA 90806 "WMe-s's-of Bidder day oO'r-'T 17 2006 200 f- — NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles I On OCT 17 2006 before me, C. Phillips, Notary Public Date Name and Title of Officer (e.g.. 'Jens Doe. Notary Public") personally appeared FALP DBA Excel -Paying Co. By C.P.Brown President Name(s) of Slgner(s) Commission, It 1492824 M-i CID 14otary Public - California Los Ange!,, s Count I Y my Cojrrr. Expires May 31, 2008 K1 personally known to me 0 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=fflcial seal Place Notary Seal Above ---- %ignatu 11 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: El Individual Top oft umb here 0 Corporate Officer — Title(s): El Partner — El Limited 0 General E) Attorney in- Fact El Trustee El Guardian or Conservator El Other: Signer Is Representing: 0 1999 NatiGnal Notary Assoolatlon - 9360 De Solo Ave., P.0, Box 2402 - Chatsworth, CA MIM402 - www,nationatnotary.org Prod. No, 5907 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersiRned hereby , promises and agrees that in the performance of the work specified in the contract, known as the IMPROVEMENTS, (1)(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, isfamiliar 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. 1 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. I Date: OCT 17 20,06 mt�! �a � I _ p, -, -ij B A Contractor .3 CLP, BROWN, PRESIDENT Title c-5 DISQUALIFICATION QUESTIONNAIRE I 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 i interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or I completing a Federal, State or local government project because of a violation of law or a safety regulation? I 0 Yes 2/N 0 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 contrac,t. PALPAA , C DIB A PAVIfIG COMPANY Contractor 7 06 Date: (,,Cf I -/ .0 C, P� V I , 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: Contractor M Title Date: Note: This form is required for every Dig Alert Identification Number issued by US.A. during the course of the Work Additionalforms may be obtainedftom the AGENCY upon request. c-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PAU1, INC. DBA EXQF1 PAVING GOMPANY Bidder Name 2?30 LEMON AVENUE L01,1C, 2_7A(-,H, CA 99C,96 Business Address city, (562) 599-5841 Telephone Number STATE LIC. 688659 'A' State Contractor's License No. and Class n 10 ' o Original Date Issued bWW6 Expiration Date State Zip The work site was inspected by,�W A4VAY3 of our office on \106P )200 The following are persons, firms, and corporations having a principal interest in this proposal: CU- KIIS P. BROffl, PRMDENT & (HIEF OPERATING OFFICER CA UN, SEEMARY t CHIff IFINAN IAL OFFIM GEORGE R. McRAE� SENIOR VICE PRESIDENT CUfMS P BROWN III, YKE PRUDENT BRUCE E. RAIT, VICE PRUDENT MICHELE E. DRAKULICH, Asgsuw Uwmv 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. Company Name Signatu-r� of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of 200_ NOTARY PUBLIC 3EEATTACHED NOTARY SEAL 3SE.TACHED Listed below are the names, address and te ep one numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. 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 Name and Address 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles I Ss. j 7 On T106 _ 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 Nerne(s) of Signer(s) Cornro;ssjon' # 1492824 �n�, 1',4'otary PubJic - Califorma Los Angeles County My (ornal. Expires May 31, 2008 91 personally known to me 0 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(les), 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 =ial seal. Place Notary Seal Above ignature of *,t)ry 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: mtg El Individual Top of thumb here 0 Corporate Officer — Title(s): El Partner — E) Limited 0 General El Attorney in Fact El Trustee 0 Guardian or Conservator El Other: Signer Is Representing: @ 1999 National Notary Associallon - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800,876-6827 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment C (THE BIDDER'S EXEC UTION ON THE SIGNA TURE P OR TION OF THIS PR OP OSA L SHA LL A LSO C ONS TITUTE A N END ORSEMENT AND EXE C UTION OF THOSE CER TIFICA TIONS WHICH A RE A PA R T OF THIS PR OP OSA L) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION P i� � w C, .'D B A E)(CFL PAVNG MM-PANY The bidder proposed subcontractor hereby certifies that he has t/ has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where -required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO- 1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 C-1 I March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G DISCLOSURIE OF LOBBYING ACTMTIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: FAI a. contract 91 a. bid/offer/application IZI a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: c. loan guarantee year _ quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: 01"p"ime FISubawardee PALP INC. DBA EXCEL PAVING COMPANY if known 2230 -EMON AVENUE LON01 MACH. CA POSH Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) 11 12. 14. Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) actual planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in -kind; specify: nature e deferred value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if s ) 15. Continuation Sheet(s) attached: Yes No ly 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 3 1 Print Name: BROWN, PRESIDENT U.S.C. 1352. This information will be reported to Con.gress semiannually and will be available for public inspection. Any Title: person who fails to file the required disclosure shall be subject to a civil penalty of not less than $ 10,000 and not more than (562)599-5841 OCT 17 100,000 for each such failure. Telephone No.: Date: Federal Use Only: Authorized for Local Reproduction Standard Form - LLL Standard Form LLL Rev. 09-12-97 Page 12-87 LPP 01-04 C-12 March 15, 2001 EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U. S.C. Section 13 52. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. - I , Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the. outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item I (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include ftill address if different from 10(a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or wil I be made (planned). Check all boxes that apply. If this Is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13, Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 LPP 01-04 March 15, 2001 C-13 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E - Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-UL-Instwctions Rev. 06-04-90<<ENDIF)) Page 12-89 LPP 01-04 C- 14 March 15, 2001 Bond No. Bid Bond The American Institute of Architects, AIA Document No. A3 10 (February, 1970 Edition) KNOW ALL MIEN 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, hercinafter 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 ($ I o% ), 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 Adams/Bolsa Chica/Goldenwest CC1279, CC1280, CC1281 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contiact 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 ConUact Documents with good and sufficient surety for the faidifid performance of such Contract and for the prompt payment of labor and material finnished 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 contrad with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in fidl force and effect. Signed and scaled this 3rd Witness Witness ORSC 21328 (5/97) day of October 2 2006 PALP Inc. dba Excel Paving Company Principal (Seal) BROWK By: PPP N=Wi e Federal Insurance Company By: A,/, o 6 surety (Seal) �411 Dougl Rapp I Attorney -in -Fact ACKNOWLEDGMENT State of California County of Orange o ACT 0 3 2006 before me, A. P. Coats, Notary Public (here insert name and tifie of the officer) personally appeared Douglas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare 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 Lis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. COATS WITNESS my h M1 han and official, seal. ,n ... 14981450 %--"NqWW MYLYM ew J* t 2= 1 Signature (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 KnowAll by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporallort, VIGILANTKSURANCE COMPANY, a Newyork coMoralion, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute wid appoint Douglas A. Rapp or Linda D. Coats of Laguna Hills, California ---------------------------------- each as their trw and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and delver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other thari ball bonds) given or executed in the course of business, and any instruments amending or aftering the same, and consents to the modification or alteration of any Instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this �t- =17 i STATE OF NEW JERSEY Comity of Somerset I ss. 22nd dayof January, 2004 Ondft 22nduyof January, 2004 bokxe M. a NotM Pubk of New Jemy. perscirMy cmw Kennelh Q WNWIM, 11D nie kwm ID be Assistwit Secretary of FEI)ERAL INSURANCE COMPAW VIG ILANT INSURANCE COMFANX and PACIFIC INDEMNITY OOWAW, the cornpardes which execuW ft iore� PowerotAftwney, and tM said Kermth C. Wer4a beftby rne " sworn. did depose andsayll0he IsAssistant Swelary d FEDERAL INSUIW4CE COMPANY, VIGILANT INSURANCE COMPANY, am! PACIFIC INDBMITY COMPANY mW bum Itie cwpomle seals1hemok #mtft seals afted to to bmgohg PowerdAttomey we suctimporale sealsandwere Mereballindby audwdVd1heBy-LamdsddCmpw0es. ancitathesWadsaid PowerofAUmneyasAsdslard Secre1arydsWdC4mparIft by Oke auffxft ancl ftt he Is wquainW with Frx* E. Robertsm, &W knom him ID be Vice Presldm of sWd Carnperim &W aw the signaturii of Frar* E. Roberbm, wbs� ID said PowerdAftw" Is In tliegeruArwe hmM"ft of Frw* E. Rdmdson, aM ms ViersW stAxabed by audiorfly dsaW By -Lam =W In deponecift preserm. Notarial Seal Karen A. Price kzT Public State of New Jemy No. 223'16A7 --eAL&k Notary Public r, 1. 1. ... ... �4ERTIO�l of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 4M poOftr'Wattorney for and on behalf of the Company may and shall be exectited in Ihe name and on behalf of the Company. elther by the Chairman or the President or a Vice President or an Assistant Vice Presklent, jobitly with the Secretary or an Assbtant Secretary, under their respective designations. The signature of such officers may be engmved, printed or filhographed. The signature of each of the following officew. Chairman, President any Vice President any Assistant Vice President, any Secretary, any Assistant Secretaryand the seal of the Ckimpany may be affixed by facsimile to any power of attorney or to any certificate relatirg thereto appointing Assistant Secretaries or AtIorneys-in-Fact for purposes only of executing and attesting bonds and undertakngs and other writings obligatory In the nature thereot and any such power of attorney or certificate beating such besimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and ceffied by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is aftached." 1, Kenneth C. Wendel. Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby certify that (J) the foregoing extraict of " By -Laws of the Companies is true and correct, (i) the Companies are duly licensed and autiorized to transact surety business in all So of the United States of Ainerica and the District of Columbia and are authorized by the U. S. Treasury Department further, Federal and Vigilant are licensed In Puerto Rico and the U. S. Virgiin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (Iii) the foregoing Power of Attorney is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this — 3rd day of Octobex 2006 0 F*+P-.0RA*0% - C us 4VDIAOI� M PEZ: MIT: IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY,OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com Fom 15.1"M (FA 4-N) COMM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles XT, 1 On before me, C, Phillips, Notary- Public Date Name and Title of Officeir (e.g.� 'Jane Doe. Notary Public*) personally appeared PALP DBA Excel -Paying Co. By C.P. Brown President Name(s) of Slgner(s) ;,L6,77 n fi Corrimission 2824 -1 Notary Public - 111afiforn;a Los Angel�s County My Comm. Expires May 31, 2008 Place Notary Seal Above 9) personally known to me 0 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$,r:qy haVA ar Aofficial seal. Signature UNolary Public OPTIONAL Though the information below is no( required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of (his 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: El Individual Top of thumb here El Corporate Officer — Title(s): El Partner — 0 Limited 0 General 0 Attorney in, Fact El Trustee 0 Guardian or Conservator El Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworlh, CA 91313-2402 - �.nallonalnotaty.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 9--*AFCEL PAVING COMPANY P.O. BOX 16405 A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806-5195 STATE LICENSE NO. 688659A (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. PALP, INC. DBA EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A DESCRIPTION OF OPERATIONS P.O. BOX 16405 LONG BEACH, CA 90806-5195 (562) 599-5841 FAX (562) 591-7485 Excel Paving Company Is a general engineering and paving contractor that has been In business for the past 25+ years. The company Is a corporation owned by C.P. Brown, Jr. Their operations Include street and road construction, widening, and repairs; related sidewalk, curb and gutter construction; paving of school yards and parking lots; and excavation and grading of "pads" for building sites. On approximately 80% of their jobs the company will operate as a general contractor, responsible for all off -site Improvements, grading, removal, etc. but will subcontract any work, which Is not specifically within their domain. Occasionally the company will perform work at airports. They also may occasionally perform work in the "THUMS" area of Long Beach Harbor, requiring them to transport their equipment and personnel by barge to these islands, approximately 1/6 mile from the harbor. The company estimates 2006-2007 gross revenues of 85 million, $60 million of which Is subcontractor and material costs. All work Is performed In Southern California, with most in Los Angeles and Orange County. A great deal of work is done for public entities, repairing/widening existing surface streets and roads (75% public entities and 25% private entities), pipe work, concrete, landscaping, electrical, cold milling, highway, bridge, or overpass work Is subcontracted out to other firms. Excel Paving Company also repairs a great number of paved schoolyards and parking lots (30%) and usually has a small amount of on going work at the Los Angeles, Burbank and Long Beach airports. INCUMBENCY AND SIGNATURE CERTIFICATE OF PALP9 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. Drakulich Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: November 5, 2001 JeAROLYN/ B ,Ile! creta ry EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A 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: P.O. BOX 16405 LONG BEACH, CA 90806-5195 (562) 599-5841 FAX (562) 591-7485 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 Date President Reference Ust 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 2e 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 Excel Paving Company Open Jobs May 31, 2006 12-Sep-06 Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 3704 TAXIWAY D L.B. AIRPORT 3,720,722 100.0% 3843 LAUREL CYN BLVD. LOS ANGELES 729,273 100.0% 3865 2627 HOLLYWOOD, BURB/GLEN/AIRP 339,291 100.0% 3876 PARTHENIA, LA 1,153,774 100.0% 3947 TUSTIN AVE., ANAHEIM 4,145,076 99.9% 4,750 3959 SANTA MONICA BLVD., LOS ANGELES 49,233,937 85.2% 7,291,218 4024 UCLA KINROSS 2,329,669 100.0% 4042 GAYLEY AVE WESTWOOD 587,000 31.5% 402,250 4042 TUDOR WESTWOOD PLAZA 1,150,000 100.0% 4042 UCLA WESTWOOD 240,000 0.0% 240,000 4062 SANTA MONICA/MWD LA 7,700,000 91.7% 638,857 4064 WALGROVE E.S. L.A. 767,069 100.0% 4067 DEL AMO BLVD LONG BEACH 393,459 100.0% 4076 JESSE OWENS PK INGLEWOOD 562,447 100.0% 4077 CHAPMAN/ST COLL FULLERTON 135,411 100.0% 4083 HARBOR BLVD FULLERTON 214,172 100.0% 4084 SAND CANYON IRVINE 670,470 98.7% 8,670 4088 ANNUAL RD RESURF DANA POINT 1,430,392 100.0% 4093 SAN FERN VLY LA 1,473,973 100.0% 4099 03 ST IMPRV INGLEWOOD 593,520 100.0% 4103 HOWLAND CNL CRT LA 290,526 100.0% 4106 PIER S BRTH S1 02-Sl 10 LONG BEACH 4,077,253 100.0% 4109 VARIOUS STS REDONDO BEACH 761,751 100.0% 4112 BELMONT PIER LONG BEACH 479,513 100.0% 4113 NO LONG BEACH LONG BEACH 1,743,250 100.0% 4115 WASHINGTON BLVD CULVER CITY 741,069 100.0% 4117 VANUYS AIRPORT VAN NUYS 620,336 100.0% 4120 SOUTHGATE HS LOS ANGELES 681,858 100.0% 283 4123 ANAHEIM ST LONG BEACH 3,029,106 100.0% 4126 UNIVERSITY AVE RIVERSIDE 2,067,233 100.0% 4127 UNION STATION LOS ANGELES 429,149 97.3% 11,464 4129 MT.SAC WALNUT 897,723 87.5% 112,216 4144 CASE AVE LA 300,000 23.2% 230,507 4154 STS & ALLEYS W. HOLLYWOOD 176,197 80.1% 35,100 4156 STERRY E.S. LA 223,520 100.0% 4157 YL/PLACENTIA FULLERTON 137,338 100.0% 4160 WARNER ES LA 988,639 100.0% 369 4164 KENNEDY HS ANAHEIM 949,762 71.1% 274,678 4165 EL TORO RD LK FOREST 10,950,000 95.0% 543,789 0,--CI.M J�. My 2006 942� Excel Paving Company Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 4169 CEN PK WEST LA 50,550 100.0% 4175 GLEDHILL ES NO HILLS 506,079 100.0% 4176 SILVER LAKE LOS ANGELES 1,302,701 100.0% 223 4177 COLDCANYON LOS ANGELES 481,211 100.0% 4179 PE BIKE TRAIL UPLAND 2,418,540 99.8% 5,549 4182 UCLA LOS ANGELES 65,000 18.5% 52,964 4182 UCLA CAMPUS LOS ANGELES 65,000 83.5% 10,731 4183 CAHUENGA LOS ANGELES 21,000 24.9% 15,780 4185 WHITTIER/PRESBY WHITTIER 7,400 100.0% 4186 GETTY TRUST LOS ANGELES 850 100.0% 4189 AVE OF STARS CENT CITY 82,000 100.0% 4196 MWD/SEARL HEMET 9,019,425 99.2% 76,075 4197 LYNOOD USD LYNWOOD 1,520,919 100.0% 4205 DREW MID SCH LOS ANGELES 1,034,306 99.0% 9,999 4206 107TH ST ES LOS ANGELES 400,543 100.0% 4207 93RD ST ES LOS ANGELES 348,140 100.0% 4209 PCH/CATALINA LONG BEACH 657,469 100.0% 4210 GLENDALE BLVD LOS ANGELES 40,700 100.0% 4211 VARIOUS LOC LONG BEACH 310,787 99.9% 156 4212 GLENDORA/HILL LA PUENTE 11,736 100.0% 4213 ALDAMA ST SCH 19,097 100.0% 4217 KANAN RD/101 FRWY 13,589 100.0% 4218 ASHCROFT/ROBERTSON LOS ANGELES 52,900 100.0% 4220 SO CENTRAL HS LOS ANGELES 54,026 99.5% 285 4224 SUNSET BLVD. W. HOLLWOOD 166,602 73.3% 44,543 4226 MONTANOSO DR. MISSION VIEJO 164,223 100.0% 4230 VARIOUS LOC LOS ANGELES 441,551 99.4% 2,629 4232 VALENCIA MESA FULLERTON 550,000 46.2% 296,119 4233 VAN BUREN VLD. CO RIVERSIDE 2,080,000 57.3% 889,166 4235 VICTORY BLVD. CANOGA PARK 687,374 99.9% 444 4236 THOMAS EDISON MS LAUSD 809,245 98.1% 15,062 4237 S/W AREA LAX 4,900,000 94.7% 257,622 4240 LINCOLN BLVD. CALTRANS 10,350,350 40.5% 6,153,870 4241 BRACKETT ARFLD POMONA 373,977 98.9% 4,004 4242 CHANDLER/LANKERSHIM LOS ANGELES 4,850,896 72.1% 1,353,291 4243 ANDASOLES NORTHRIDGE 131,502 100.0% 4245 LINNIE CANAL LOS ANGELES 366,290 85.1% 54,505 4247 7TH/710 FRWY LONG BEACH 575,636 99.2% 4,446 4250 2FRWY GLENDALE 13,200 100.0% 4252 W. PICO BLVD. LOS ANGELES 518,794 97.6% 12,561 4253 S.A. STADIUM SANTA ANA 397,289 100.0% 4255 ROMOLAND CALTRANS 200,540 100.0% 4257 MIRAMONTE ES LOS ANGELES 677,111 97.0% 20,070 OW-C�� J�, My 2006 9-1246 Excel Paving Company Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 4258 N/E INTER SEWER LOS ANGELES 360,460 100.0% 4260 WESTLAKE VILLAGE 880,000 98.2% 15,423 4261 MULHOLLAND DR. LOS ANGELES 17,598 100.0% 4264 BELLA TERRA MALL HUNT. BCH 3,010,042 68.7% 942,283 4266 CENTINELA AVE. LOS ANGELES 2,588,928 5.2% 2,453,669 4268 RANCHO CUCAMONGA RANCHO CUCAMON( 234,424 100.0% 4269 KINNELOA DEBRIS BASIN LOS ANGELES 237,063, 100.0% 4271 GETTY CENTER DR. CENT. CITY 28,907 100.0% 4272 CHIQUITA BLDG PORTOFLB 6,673,974 43.5% 3,772,645 4273 UCLACAMPUS LOS ANGELES 72,097 2.1% 70,618 4274 HARBOR BLVD LOS ANGELES 1,241,220 96.0% 49,961 4275 CLAY MS LOS ANGELES 620,819 100.0% 306 4276 GETTY CENTER DR. CENT. CITY 253,822 83.0% 43,271 4277 GETTY CENTER DR. CENT. CITY 4,384 100.0% 4279 41 ST ST. LOS ANGELES 440,218 100.0% 4280 VIA ROSA/PV BLVD. PV ESTATES 504,157 98.9% 5,718 4281 HILLCREST ES LOS ANGELES 828,523 90.8% 76,420 4282 LOOP & PARK PL. IRVINE 1,112,969 99.9% 690 4285 MARLTON ES LOS ANGELES 278,427 100.0% 4286 WESTERN AVE. TORRANCE 28,640 100.0% 4287 GRAND AVE. ELSEGUNDO 144,402 100.0% 4292 PICO BLVD. LOS ANGELES 67,310 100.0% 4294 5FRWY MISSION VIEJO 3,359 100.0% 4295 CULVER BLVD VISTA DEL MAR 1,623,617 99.1% 14,739 4296 GLENDALEBLVD LOS ANGELES 574,081 98.1% 11,041 4297 VICTORY/TOPNGA LOS ANGELES 606,202 100.0% 4301 MICHELSON IRVINE 201,698 100.0% 4302 VERMONTAVE, LOS ANGELES 1,257,702 45.4% 686,546 4303 ISLAND EST LAKEWOOD 25,997 0.1% 25,980 4304 MEDIA STUDIOS BURBANK 18,700 100.0% 4305 JEFF/CENTINELLA, LOS ANGELES 1,510,999 8.7% 1,379,111 4306 1 OTH ST. LONG BEACH 1,155,831 99.3% 7,695 4307 NEWPORT SHORES NEWPORTBEACH 1,584,278 98.2% 28,416 4308 LAX AA MAINT AMERICAN AIRLINES 57,975 100.0% 4309 XING MS LOS ANGELES 933,869 30.2% 651,470 4310 VAIL/CLEVELAND MONTEBELLO 10,790 100.0% 4311 PLAYA VISTA LOS ANGELES 16,854 100.0% 4313 SSA PKG LOT CO ORANGE 189,508 95.8% 7,969 4314 PARK PLACE IRVINE 1,000,000 34.7% 652,713 4316 MONTROSE AVE. LACPW 2,471,000 11.6% 2,183,289 4317 BERTHS 226-236 POLA 3,141,000 1.8% 3,084,658 4318 RON REAGON FRWY SYLMAR 16,304 100.0% 4319 REDONDO AVE. LONG BEACH 219,880 53.7% 101,754 J�, WyM6�1246 Excel Paving Company Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 4320 CERRITOS PARK GLENDALE 300,965 29.0% 213,540 4321 SO. EAST HS SOUTH GATE 12,000 100.0% 4322 E. PCH WILMINGTON 14,216 99.3% 106 4323 6TH & PCH HUNTINGTON BCH 16,092 72.4% 4,444 4324 USC, FIGUEROA & JEFFERSON 1,302,469 6.7% 1,214,817 4325 BLUFF CREEK PLAYA VISTA 50,310 66.6% 16,805 4326 BNSF, IND & WASH COMMERCE 306,986 6.7% 286,330 4327 UNION STATION LOS ANGELES 10,000 7.7% 9,226 4328 HIGHLAND AVE. LOS ANGELES 2,754,889 0.6% 2,738,581 4329 SUNSET BLVD. LOS ANGELES 1,888,845 0.6% 1,878,150 4330 HARBOR GATEWAY LOS ANGELES 2,374,709 0.6% 2,361,083 4331 OLIVE & LAKE BURBANK 12,876 99.4% 79 4332 SO. BRAND BLVD GLENDALE 1,982,548 0.6% 1,971,493 4333 VINEYARD & SATURN LOS ANGELES 8,545 95.7% 366 4334 710 FRWY CALTRANS 709,632 0.8% 704,119 4335 CSI/BOEING-BOLSA HUNT. BCH 101,500 92.7% 7,423 4336 VERMONT AVE. GARDENA 1,171,000 0.7% 1,163,358 4337 MCFADDEN AVE. 2,289,789 0.5% 2,277,215 4338 BNSF, WASH & IND NERVON 27,640 5.8% 26,025 4339 VARIOUS LOCATIONS LONG BEACH 1,468,235 0.5% 1,460,617 4340 SLAUSON AVE. CULVER CITY 2,136,269 0.5% 2,124,653 4342 MOOOG, WESTERN WAY TORRANCE 41,000 37.8% 25,504 4343 BRAND & HARVARD GLENDALE 106,000 0.0% 106,000 4344 PKG LOT PH I RANCHO SANTIAGO 819,465 0.6% 814,918 4345 3355 EMPIRE BURBANK 79,193 0.0% 79,193 4346 DAMON, CONSTELL OF STARS 161,437 0.0% 161,437 4347 HAMILTON HS LOS ANGELES 584,000 0.0% 584,000 OW-C�,,� J- May 206 9 12-06 Excel Paving Company Work Experience May 2006 % JOB CLOSED JOBS 5/31/06 SALES WORK NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. 3716 710 FWY PCH TO 405 21,510,942 100.0% 3990 OCEAN BLVD LONG BEACH 1,196,229 100.0% 4004 GREEN VALLY CIRCLE CULVER CITY 1,173,791 100.0% 4045 5 FRWY, OR. CO 180,290 100.0% 4057 PALO VERDE HSG 611,836 100.0% 4061 PANKOW BLDRS M.B. 720,917 100.0% 4098 BLEND E.S LA 273,966 100.0% 4102 DENA E.S. LA 177,306 100.0% 4104 MOULTON PKWY CO OF ORANGE 478,612 100.0% 4142 ROSECRANS LAWNDALE 233,216 100.0% 4143 CALLE MIRAMAR REDONDO BCH 536,987 100.0% 4161 ST OVERLAY SIMI VLY 704,970 100.0% 4168 MARINA DEL REY LA 459,915 100.0% 4174 SHERMAN OAKS CNTR RESEDA 1,044,265 100.0% 4181 STATE ST ES LAUSD 334,787 100.0% 4191 HARVARD AVE. IRVINE 329,938 100.0% 4192 COMPTON/61 ST LOS ANGELES 17,722 100.0% 4195 NEW JOB SAN CLEMENTE 10,966 100.0% 4198 AGOURA BIKE AGOURA HILLS 1,032,236 100.0% 4214 PCH/ZUMIREZ MALIBU 453,886 100.0% 4215 THE TOLEDO LONG BEACH 7,449 100.0% 4216 REEVES/NAVY PORT OF LB 268,611 100.0% 4222 PKG LOT 6 MONROVIA 406,899 100.0%, 4227 SEWER REHAB REDONDO BCH 550,196 100.0% 4229 BLDG 10 & 28 24,697 100.0% 4246 SOUTH ST. ANAHEIM 492,994 100.0% 4248 MANHATTAN & AVIATION REDONDO BEACH 49,589 100.0% 4249 CAL TECH PKG PASADENA 39,406 100.0% 4251 5M FRWY CALTRANS 188,210 100.0% 4254 PCH CALTRANS 1,204,048 100.0% 4256 GARDENA HS GARDENA 1,009,381 100.0% 4259 LOMA VISTA ES LOS ANGELES 277,404 100.0% 4263 BEVERLY VISTA ES BEVERLY HILLS 734,246 100.0% 4265 INDIANAfWASH BNSF 15,290 100.0% 4278 CLARK AVE. LONG BEACH 517,203 100.0% 4284 CENT/LINC CULVER CITY 263,999 100.0% 4289 LUGO E.S. LYNWOOD 15,435 100.0% 4291 05-06 St.Maint AGOURA HILLS 831,113 100.0% 4293 HOLLYWOOD WAY BURBANK ARPRT 38,800 100.0% 4298 ST. JOSEPH'S SCH LONG BEACH 2,000 100.0% 4300 PV LANDFILL LA SANI DIST 19,650 100.0% 4312 INDIANAANASHINGTON BNSF 147,323 100.0% 4315 190TH/GREENLANE REDONDO BEACH 2,000 100,0% ow-c�- J�s M� 2006 9-12-w CONTRACTOR'S NAME __PALP_ INC. DBA EXCEL PAVING COMPANY A. COMPANY E�PERIENCE-(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 TLjE LAST FIVE YEARS AtID OPERATIONAL FOR AT LEAST ONE YEA 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 BEACH LOCATION: PIER T DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $33,481,910-00 PROJECT DURATION - PER CONTRACT 6/98 -&-grQW 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.:FLATT TELEPHONE: 562159-9-5841 OWNER INFORMATION NAME: -PORT OF LONG BEACH CONTACT: -GARY CARDAMONE TELEPHONE:'562/590-4172 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 ING - 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 COMPLETEDWITHIN 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 AIDPJALTHRU 1-2/99 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 OWNER INFORMATION NAME: PORT OF LONG BEACH CONTACT: GARY CARDAMONE TELEPHONE' 5621590-4127 N/A DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGRE.1 INITIAL TO AND TYPICALLY AGENCY GENER, SETTLEMENT PERCENT COMPLETE: _% COPY ADDITIONAL PAGES AS NEEDED 14 CONTRACTOR'S NAME PALP INC. DBA FZCEL PAVIN9.COMPANY A. COMEANY EXPERIENCE -(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORKWITHAVALUE IN EXCESS OF $2,000,OOOCOMPLETgD WITHIN THE LAST FIVE YEARS ALZ OPERAIIOLIAL FOR AT LEAST OHE YEA 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,via,146.00 PROJECT DURATION -PER CONTRACT 4/98 A9XXL%L.THRU 3/00 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: _5621599-5841 OWNER INFORMATION NAME: THE PORT OF LONG BEACH CONTACT: GARY CARDAMONE TELEPHONE: 562/590-4127 N/A DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREED TO AND TYPICALLY AGENCY GENERAT INITIAL 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) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY QNDER COLISTRUCTION. PROJECT NAME: PIER S NORTH FILL PROJECT DESCRIPTION: INSTALLATION OF SEWER, WATER, STORM DRAIN, ELECTRICAL COMKUNICATION, LIGHTING, CONDUIT & VAULTS, MSE WALL CONSTRUCTOR, GRADING, CMB PLACEMENT & ASPHALT PAVING LOCATION: BERTHS S102-SIIO CONSTRUCTION VALUE: $10,425,708.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: NIA 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 JN FORMATION NAME: PORT OF LONG BEACH CONTACT: GARY BAKERIBUTCH aCBLAINE TELEPHONE: 562/432-1778 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 INQ. RBA EXCEL PAVING- C014PANY A. COMPANY EXPERIENCE-JREFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 OMPLETED WITHIN THE LAST FIVE YEARS AND OPER&TIONAL FOR AT LEAST ONE YEA PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: 1997-98 & 1998-99 ANNUAL INFRASTRUCTURE PROJECT PROJECT DESCRIPTION: STREET I ra. ASPRALT.C(MCRETE. COLD MILL. ELECTRICAL, STRIPING, SLURRY SEAL, CONCRETE LOCATION: VARIOUS LOCATIONS, SANTA CLARITA DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $4,092,472-00 PROJECT DURATION- PER CONTRACT 7/98 AEMML THRU 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: KF RRY. 13YER TELEPHONE: 805/255-4984 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 4 CONTRACTOR'S NAME PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERlgL40E-(REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 COMPLETED-WIIUIN THg LAST FIVE YEARS AND OPERATIONAL FOR AT LEASI ONE YEA PROVIDE THE FOLLOWING INFORMATION: PROJECT NAME: PARK AND RIDE.LOT PROJECT DESCRIPTION: SITE WORK, BATHROOMS, ASPHALT CONCRETE, CRUSHED MISC. BASE, STRTPTNGA RIERS, STRUQTURES, BRIDGE WIDENING LOCATION: 91 FWY & 405 FWY DATE OF OCCUPANCY BY OWNER: CONSTRUCTION VALUE: $11,358,103-00 PROJECT DURATION - PER CONTRACT 4/95 AUTM rHRU 8/98 IF YOUR WORK WAS PERFORMEb AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: CALTRANS GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT:' BRUCE'-FLATT TELEPHONE:. 562,1599-5841 OWNER INFORMATION NAME: CALTRANS DIST. 7 CONTACT: MURRY MUM TELEPHONE: 213/897-3656 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREED INITIAL TO AND TYPICALLY AGENCY GENERAT SETTLEMENT PERCENT COMPLETE: % COPY ADDITIONAL PAGES AS NEEDED 14 11 a 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 Ub!DER 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: sHAsHT iggAKIA TELEPHONE: 213/847-8982 DOLLAR AMOUNT OF CLAIMS SUBMITTED ALL CHANGES ARE MUTUALLY AGREED INITIAL TO AND TYPICALLY AGENCY GENERAT' SETTLEMENT PERCENT COMPLETE� % 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 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 ABUTMENTS1, LANDSCAPE, IRRIGATION, SIGNALIZATIO14 LOCATION: TUSTIN AVE. AT SR-91 FWY., ANAHEIM I CONSTRUCTION VALUE: $3,849451-95 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'�.* DBA E)tCEL 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 AGREEI INITIAL TO AND TYPICALLY AGtNCY GENERAI SETTLEMENT PERCENT COMPLETE: % COPY ADDITIONAL PAGES AS NEEDED 13 v CONTRACTOR'S NAME PALP INC. im vxrvTl PAvTmr. 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: BERTH 212-225 BACKLAND IMPROVEMENTS PROJECT DESCRIPTION: CONSTRUCT 15 FOUNDATIONS FOR 1001 HIGH MASI LIGHT POT-ps ("HE), RELOCATE ELECTRICAL CONDUIT AND WATERLINE FOR HMPS AND RELOCATE 15 HMPS, CONSTRUCT 16,000 IF OF CRANE CONC. RUNWAY. CONSTRUCT 3 SUBSTATIONS, ASPHal PAYING, LOCATION: SAN PEDRO CONSTRUCTION VALUE: $4,297,540.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOk N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: PORT OF LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DRA Fx(,FT. mmc, rompANY CONTACT: BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: PORT OF LOS ANGELES CONTACT: JACK CHANG TELEPHONE: - 310/732-3225 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 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: --SANTA MONICA TRANSIT PARKWAY PROJECT PROJECT DESCRIPTION: -UNDERGROUND, RETAINING WALLSy FWY. ON RAMPS# A/C PAVE, SIDEWALK, CURB & GUTTER, SIGNALIZATION, LANDSCAPING LOCATION: FROM 405 F`WY. 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� -- - 213Z847-6613 DOLLAR AMOUNT OF CLAIMS SUBMITTED INITIAL SETTLEMENT PERCENT COMPLETE: ALL CRANGES ARE MUTUALLY AGREE] TO AND TYPTCALLY AGENCY GENERN, COPY ADDITIONAL PAGES AS NEEDED 13