HomeMy WebLinkAboutAll American Asphalt - 2007-02-05R E C E
(Name)-� og
(Date)
TO: Shao4yeiden rich, City Treasurer
FROM:
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for
l#aithful 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.
Approved
(Cothicil Approval Date)
CITY CLERK RECEIPT CCIPW��
Return DUPLICATE to
City Clerk's Office
after signing/dating
Aw "w
RECEIVED
JAN, 3 1 2008
CITY TREASURER'S DEPT
(Company Name)
Agenda Item No.
City Clerk Vault No. bco. �In I(a
#27 gAollowup/bondletterdoc
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
111111111111111111111111111111111111111111111111111111111111111111111111111 NO FE E
2007000603099 10-26am 10/09/07
100 195 N12 1
0.00 0.00 0�00 0�00 0.00 0.00 0.00 0.00
WHEN RECORDED MAIL TO:
CITY OF HUNTINGTON BEACH
Attn: Jason J. Churchill
P.O. Box 190 — 2000 Main Street
Huntington Beach, CA 92648
a
NOT ICE 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:
Various Residential Streets for Asphalt Overlay @.12'; MSC-431
That said work was completed October 1, 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 September 28, 2007, per City Council Resolution No. 2003-70 adopted October 6, 2003.
That upon said contract Contractors Bonding and Insurance Company was surety for the bond given by the said company as
required by law.
This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code
Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California, this October 1, 2007.
Director of Public Works or City Engineer
City of Huntington Beach, California
STATE OF CALIFORNIA)
County of Orange ss:
City of Huntington Beach
1, the undersigned, say: 1 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 0 n:;,
Dated at Huntington Beach, California, this October 1, 2007. 4
Director of Public Works or City Engineer
City of Huntington Beach, California
11/28/2007 14:19 7143758430 HB STS AND FACILITYS PAGE 03
Cerdfk'1100 Of CMPH&Mee with Title VU of the C" Rights Act
and Equal Employmiftt Oppohmmity Act of 1972
To: City OfRuntington D=b
Department ofPublic wodm
2000 Main ftwt/P.O. Box 190
Huntington Beach, CA 926M
Re-, Certification of Compliance with Tific VII of the Civil Rights Aoct
and Equal Employment Opportunity Act of 1972
A= - �
prqiect: Yar-JItHia Ru:�Lsidp-ntial Strapta f=
Asphalt Overlay @ .12:
MSC - 431
The undersigned contractor on the above -referenced project ("Projecr) hemby certifies that it
has complied with Title VU of the Civil Rights Act the Equal. Opportunity Act of 1972 and
Executive Order 11246, mad has not discriminated against any employee or applicant for
employment because of race, creed, color, sex, nafional origin, age or disability. The
undmigned contrador also certifies that it bw not maintained any segregated facilities -at its
establisbmcuts on the basis of race, creed, color, sex, national origin, age or dim6ility (with the
exception of access for the disabled).
I declare undcr penalty of pedwy under the laws of the State of California that the foregoing is
true and correct.
Executed this 5th day of December . -2 20t7 , at Corona --- . Califoniia.
All American Asphalt
(Type Contractor
By: /'-I' /'
Name: [Type Name]
Title. (Type Title]
24SO11.1
IAark Luer
Vice President
11/28/2007 14:19 7143758430 HB STS AND FACILITYS PAGE 05
Cerfflcafl= bf COMPRIgmft with PMV21Hng Wage Laws
To: City of Huntington Beach
Mpartmcat of Public Worim
2000 main strwt/P.0. Box 190
Huntin&Wn Beach, CA 92648
Re. cerdfication of compliance with Prevailing wage Laws
Contr-act.-
Project: various Residential Streets for
Lsphalt Overlay @ .12;
MSC - 431
ne undersigned contractor on the above-refereuc;ed project C'Froject') hereby certifies that all
laborers, mechanics, apprentices, train.m. watchmen and guards enVleycd by hun or by any
suboxitractor performing woric under ft conbut for the Project have been paid pursuaot to the
mininturn Wage and bona fide, Ringo benefit requirements speciflod for each particular
classification, of work, as set forth in the wage -rate detenn4mfions of the State of California,
Depa=ent of Industrial Relafions, andfor flae United States Depamnent of Labor.
I declare under penalty of peoury under ft laws of the State of California that the foregoing is
true and correct.
Executed this 5 day of Deceaber 2(D7 , at Corona —, California.
---&Jl American AW
�halt
(Type Comtractor Name)
Natasha Collis
By: /Certified EMMO-11
Name; (Type Nainel
Title: [Type, Title]
MY Atftw�
-Tts cial- ab - LAP
11/28/2007 14:19 7143758430 HB STS AND FACILITYS PAGE 04
CONTRACTOR'S CERTMCATE
L Natasha Collis state and certify that:
(Mame of Dwkrant)
All knerican Asphalt is the general contractor to the City of
Huntington Beach C'City) on Contract No. MSC - 431 (the "Contracf
for the constnwtion of the public, work of improvement entitled:
Various Residential Streets for Asphalt Overlay @ .12
(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. ExcVt for the claims listed below and the disputed claims listed in paragraph five (5), all
persons supplyiug labor, services, materials and equipment to the Project, including all
claims against the Contractor arising fi-om the perfbrmance of the Contract, have been
paid and satisfied (list unpaid debts and claims; if none, write "NONI?'):
E
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,
serAces, materials, aodfor 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
claiins; if noue, write "NONE") -
NONE
I declare under penalty of pedury under the laws of the State of California that the foregoing is
true and correct.
ExeCutedat Corona, Californi!A -onthis 5 dayof December _,2007.
CERTIFIED
ZM���F?AYSQLL
(Signature of Declarant)
APPROVED AS TO FORM
By:
1 -7 A4� -1.) -s - to - OQ
Name: [Type Name]
Title: [Type Title]
24"14.1
11/28/2007 14:19 7143758430 HB STS AND FACILITYS PAGE 06
DECLARATION OF SAIISFACTION OF CLAIMS
...All American Asphalt istate:
(Name of Conkadar)
I am the general coniractor for the City of Huntington Beach, as to the project more
fully described in the Public works contract entitled:
Various Residential Streets for Asphalt overlay @ -12; MSC - 431
and dated
2. All workers and persons employed, all firms supplying materials, and all
subcontractors for the above -mentioned project have been paid in full.
3. The following are either disputed claims. or items in connection with Notices to
Withhold, which have been filed under the provisions of the statute$ of the State of
California: (if none, state "NONE")
NONE
I declare under penalty of pedury that the foregoing is true. and o6rrect.
'Executed at - rnrnna on this 5 day of DeceiTber 2C�7,
(Lowuon)
CERTIFIED",
PAYRQLL
(Signature o[Conouctor)
APPROVEDASTO FORM
* VNIFF.R McGIPIUATIHI, City Aft=ey
9-fQ11owuPkC3-shoonNmshcoradm C
procedure #IS eputy City At 4.7
FROM: James Jones, Maintenance Operations Manag
DATE, November 1, 2007
SUBJECT: Retention Release Payment
Company Name- All American Asphalt
Address: P.O. Box 2229
City, State and Zip Code: Corona, CA 92878-2229
Phone Number: (951) 736-7600
Business License Number:AO16726
Local Address: N/A
Notice of Completion Date:October 1, 2007
Contract Purpose: Residential Street Overlay, MSC-431
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 s/yject at t e.
4ZI - 6 - _7
Date Dave Webb, Public Works Director
I certify that there are no outstanding invoices on file.
//-IS-0-7
Date
I certify that no stop notices are on
has been filed with this office.
Date
ri Freiddnrich, City Treasurer
file on the subject contract, and that a guaranty bond
Flynn�Tity Clerk
Retention Release Payment 10/2/2007 3:53:00 AM
RECEIVED BY:
(Name)
(Date)
UNPOMM
-4
17_
TO: S idenrich, City Treasurer
FROM:
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for 19all AnL-N61bi
(company Name)
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.
C) Agenda Item No.
Approved
- �(Co icil Approval Date) City Clerk Vault No. bOD.
z6L-
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
after signing1dating
#27 g1followup/bondletter.doc
MAINTENANCE BOND
Executed :�n TwQ
(2) Parts
KNOW ALL MEN BY THESE PRESENTS:
BOND NO.: 088 70 056
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— M . aryland and duly licensed to conduct surety
business in the State of California, as Surety, are held and firmly bound unto
- City of Huntington Beach
2000 Main Street, PO Box 190
Huntington Beach, CA. 92878
as Obligee, in the sum of One Million, Five Hundred Thirty Five Thousand,
Three Hundred Twenty Six and 58/100ths - - ----------------------------------------------------------------- - -------------------------
($ 1,535,N6.58 1 ) 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:
Application of Asphalt Overlay on Various City Streets, MSC-431
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 authorized tAttorney-in-Fact
this 3rd day of January 2008
YEAR
All American Asphalt Fidelity and De" Cnewl-'P;
Principal
BY:
en rown Attorney -in -Fact
Past E)6L rt-
10-1201 (CA) (One Year Term) (REV. N01)
State of California
County of I ID&
On [ � before me,
Date gna Inser ame and Tiffe of the Officer
personally appeared 406 Our th-4�
8 E �11 OYSTER
0
BRENDA L. ROYSTER
Commission # 1700922
ary Pu 11, _ C.Ilfn ",
z rM.a. Nootary Public - Callfornio z
Riverside County t
0MyCornrn-Em:*esOct26,2oio t
who proved to me on the basis of satisfactory evidence to
be the person(14-whose name*is/*,t--subscribed to the
within instrument and acknowledged to me that
he/sha*my executed the same in his/h4#their authorized
capacity(W§q*, and that by his/hwOWr signature44-on the
instrument the person(*, -or the entity upon behalf of
which the person(�Wacted, 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/pand and official seal
/IV
Signatur
Place Notary Seal Above Signature of WNotaryPublic
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: M i'll u-i -6QjA-)LjC& Lo Oil) - W711K&760 g6W_++
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
owj�(j ft. "W U
Signer's Name: L&RT Signer's Name:
El Individual Individual
4�-`Corporate Off icer — Title(s): Lik,49� (_ICD04�1 Corporate Officer — Title(s):
E Partner — I-] Limited L1 General D Partner — El Limited D General
1-1, Attorney in Fact
E Trustee Top of thumb here
11 Guardian or Conservator
ID Other:
Signer Is Representing:
'44-N git60—
A1SP*A_(_r — I
0 Attorney in Fact
-1 Trustee
El Guardian or Conse
El Other:
Signer IsXepresenting
[1,119_HT
O�TH 1BP
_ Uk t
��IGN 7
Top of thumb her,
(02007 National Notary Association- 9350 De Soto Ave., RO.Box 2402 -Chatsworth, CA 91313-2402- www.NationaiNotary.org Item #5907 Reorder:Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ORANGE
On 1-3-08 _ before me, BARBARA J. BENDER, NOTARY PUBLIC
Deae Nww&nd11fte1ft01fiwW
personally appeared OWEN M. BROWN
BARBARAJ.BENDER
Commiss # 1494946 1
Notary Public California
Orange County
My comm. Expires Jul 13,2008
�n—a-2
BARBARA J. BENDER
L
commission # 1494946
Notary Public - Ctwilornia
Orange County
My Comm. Expires Jul 13, 2008,r,")
Plaw Natwy Seal Abwe
who proved to me on the basis of satisfactory evidence to
be the person(0) whose name(*) is/an subscribed to the
within instrument and acknowledged to me that
hefaWmMV executed the same in hL-Ao~ authorized
capacity(M), and that by his0offiggir signature(q) on the
instrument the person(m), or the entity upon bebalt of
which the person(e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Carpirnia that the foregoing paragraph is
true -and cor ect/ I
WITNESS
Signature
Thouo Me informahon below is not required by law, R may prove vaktaUe to persons re"g on fifte dDwmmt
and could prev" fraudVeW removal aW reaAWWwW of dds form to &"w doaamwit
Description of Attached Document
Title o I r Type ot Document: MAINTENANCE BOND NO. 088 70 056
Document Date: 1-3-08
Signer(s)OtherThariNamed Above: I ALL AMERICAN ASPHALT
Capacity(les) Claimed by Signer(s)
Signer'sName: OWEN M....BROWN
0 Individual
0
Corporate Officer — Title(s): _
0 Partner — 0 Umited 0 General
U Attorney in Fact
• Trustee
• Guardian or Conservator
El Other:
Signer Is Representing:
FIDELITY AND DEPOSIT
COMPANY OF MARYLAND
�RIGHTTHUMBPRHJ
L
Numberof Pages-- ONE (r)
Signees Name:
0 Individual
0 Corporate Officer — Title(s):
El Partner — 0 Urnited 0 General
0 Att orney in Fact MP. !11111M
0 Trustee Top of thumb twe
0 Guardian or Conservator
0 Other:
Signer Is Representing:
02(07National WE" Msociatim- 9M De SOW Ave, P.0 BM 24M-ChaMvu,1hGA 91313�24b2-WWWNW0MW*)tM.1Dr9 1tem#5907 ReorderCa!!ToWmel-80�&6W
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, QlKare set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date I Cos Why 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 itsc act r al takings, and the
execution of such bonds or undertakings in pursuan, S, s N pon said Company, as fully and
amply, to all intents and purposes, as if th e ged by the regularly elected officers of
the Company at its office in Bal J rj�� h ir A r This power of attorney revokes that issued on
behalf of Owen M. BR . at v 11 1" ;
The said Assistant �E
Section 2, of the By-LK
IN WITNESS WfV
affixed the Corporate
December. A.D. 2004.
ATTEST:
0 DUO,,
C
IM
the extract set forth on the reverse side hereof is a true copy of Article VI,
, and is now in force.
IZEOF, 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 I
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 thev 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.
"k-
1, q, ............ UA D
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2011
POA-F 012-4160
RECEIVED BY:
(Naffie—) 1,
9/A/10,7
(Date)
CITY CLERK RECEIPT COPY
Return DUPLICATE to C,-*'
City Clerk's Office
after signing/dating
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
FROM: �7 C
DATE: z 9 leaa):
SUBJECT: Bond Acceptance
I have received the bonds for 2g /-.C-
((;ompany Name)
Faithful -Performance Bond No.
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
`A�IV72��7_Ak� -
Re: Tract No.
CC No.
MSC No. 1z
Approved X-i-A -�7
(CiouAdi'l ApprAvaibatd)
--f ^
D er f_UOS-6,
Agenda Item No.
City Cierk Vault No.
#27 gAbilowup/bondleilter-dor-
I
I
CITY OF HUNTINGTON BEACH
1, � �_ m&
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
March 19, 2007
All American Asphalt
P. 0. Box 2229
Corona, CA 92878-2229
Re: MSC-431 — Asphalt Overlay on Various City Streets
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 Pro4ect 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 Gall the Public Works
Department at 536-5432.
Sincerely,
tanL. Fly 0�_ J+4)
nn
ity Clerk
JF:pe
Enclosures: Copy of Contract including Proposal
Copies of insurance/bonds
Contractor's Certificate
Certificate of Compliances
Bid Bond (original)
g:followup\cashcont\cashcon-lefter.doc
1'relephone: 714-536-5227)
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ALL AMERICAN ASPHALT FOR THE APPLICATION OF
ASPHALT OVERLAY ON VARIOUS CITY STREETS
THIS AGREEMENT ("Agreement") made and entered into this day of
FEBR,uA,eV _ 2007, by and between the City of Huntington Beach, a
I
municipal corporation of the State of California, hereinafter referred to as "CITY," and ALL
AMERICAN ASPHALT, a California corporation, hereinafter referred to as
"CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to
as "PROJECT," more fully described as application of asphalt overlay on various City streets
in the City of Huntington Beach; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
I . STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall complete and construct the PROJECT pursuant to this
Agreement and the Contract Documents (as hereinafter defined) and ftimish, 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
07-821/7439 1
encountered in the prosecution of work, and for all other risks of any description in
connection with the work, including, but not limited to, all expenses incurred by or in
consequence of the suspension or discontinuance of work, except such as are herein expressly
stipulated to be borne by CITY, and for well and faithfully completing the work within the
stipulated time and in the manner shown and described in this Agreement, and in accordance
with the requirements of CITY for the compensation set forth in the accepted bid proposal.
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with all the terms,
conditions and obligations of this Agreement and the Contract Documents (as defined below
in this Section), the location of the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its thorough investigation of all
such matters and is relying in no way upon any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated into this Agreement
by this reference, with the same force and effect as if the same were set forth at length herein,
and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract
Documents insofar as they relate in part or in any way, directly or indirectly, to the work
covered by this Agreement.
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon; I
C. The CITY's standard Plans and Specifications and special contractual
provisions, including those on file in the office of the Director of Public
07-821/7439 2
Works of CITY and adopted by the City Council, and any revisions,
amendments or addenda thereto;
D. The current edition of Standard Specifications for Public Works
Construction, published by Builders' News, Inc., 10801 National
Boulevard, Los Angeles, CA 90064, and all amendments thereto,
written and promulgated by the Southern California chapter of the
American Public Works Association and the Southern California
District Associated General Contractors of the California Joint
Cooperative Committee;
E. Bid documents including the Notice Inviting Bids, the Special
Instructions to Bidders and the CONTRACTOR's proposal, (which is
attached hereto as Exhibit "A" and incorporated herein by this
reference);
F. The particular Plans, Specifications, Special Provisions and Addenda
applicable to the PROJECT. Anything mentioned in the Specifications
and not indicated in the Plans or indicated in the Plans and not
mentioned in the Specifications, shall be of like effect as if indicated
and mentioned in both. In case of a discrepancy between any Plans,
Specifications, Special provisions, or Addenda, the matter shall be
immediately submitted by CONTRACTOR to the Department of
Public Works of CITY (hereinafter referred to as "DPW"), and
CONTRACTOR shall not attempt to resolve or adjust the discrepancy
without the decision of DPW, save only at its own risk and expense.
07-821/7439 3
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 One
Million Three Hundred Forty Eight Thousand, Three Hundred Forty Eight Dollars
($1,348,348.00), plus 15% in change orders, as set forth in the Contract Documents, to be
paid as provided in this Agreement. 1%
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 sixty (60) working days from the day the Notice to Proceed is issued by
DPW, excluding delays provided for in this Agreement.
5. TIME OF THE ESSENCE
The parties hereto recognize and agree that time is of the essence in the
performance of this Agreement and each and every provision of the Contract Documents.
CONTRACTOR shall prepare and obtain approval as required by the Contract
Documents for all shop drawings, details and samples, and do all other things necessary and
incidental to the prosecution of its work in conformance with the progress schedule set forth
in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all
other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that
07-821/7439 4
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 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 parties upon cost and pricing
data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change
order to CONTRACTOR and the contract price will be adjusted upward or downward
accordingly.
07-821/7439 5
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be performed or furnished
under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR
by CITY. CITY does not warrant that the work will be available on the date the Notice to
Proceed is issued. In the event of a delay in commencement of the work due to unavailability
of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension
equal to the delay due to such unavailability.
8. BONDS
Only bonds issued by California admitted sureties will be accepted
CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two
(2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%)
of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and
one in the amount of one hundred percent of the contract price to guarantee payment of all
claims for labor and materials furnished.
In addition, CONTRACTOR shall submit to CITY a bond in the amount of
one hundred percent (100%) of the final contract price, including all change orders, to warrant
such performance for a period of one (1) year after CITY's acceptance thereof within ten (10)
days of filing of the Notice of Completion.
9. WARRANTIES
CONTRACTOR unconditionally. guarantees 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
07-821/7439 6
It f,
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 calendar days
as set forth herein, damage will be sustained by CITY; and that it is, and would be,
impractical and extremely difficult to ascertain and determine the actual damage which CITY
would sustain in the event of and by reason of such delay. It is, therefore, agreed that
CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of
Five Hundred Dollars ($500.00) per day for each and every working day's delay in
completing the work in excess of the number of working/calendar days set forth herein, which
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
07-821/7439 7
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.
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
07-821/7439 8
I r
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.
07-821/7439 9
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern final payment.
Payment to CONTRACTOR will be made only for the actual quantities of contract items used
in construction of the PROJECT, in accordance with the plans and specifications. Upon
completion of the PROJECT, if the actual quantities used are either more than or less than the
quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this
Section. DPW may, at its sole discretion, when warranted by the facts and circumstances,
order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where
the actual quantities used in construction of the PROJECT are in variation to the quantities
listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price
or time for completion shall be allowed if asserted after final payment under this Agreement.
If the quantity variation is such as to cause an increase in the time necessary for completion,
DPW shall ascertain the facts and circumstances and make such adjustment for extending the
completion date as in its 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
07-821/7439 10
i r
the value of the work completed since the commencement of the PROJECT, as determined in
its sole discretion by DPW, less all previous payments and less all previous retained amounts.
CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof
unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the
filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the
manner required by law, each payment to be accompanied by a certificate signed by DPW,
affirming that the work for which payment is demanded has been performed in accordance
with the terms of the Agreement and that the amount stated in the certificate is due under the
terms of the Agreement. Partial payments on the contract price shall not be considered as a
acceptance of any part of the work.
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and 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.
07-821/7439 11
I f
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final certificate shall
constitute a waiver of all claims against CITY under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers
from and against any and all, claims, damages, losses, expenses, judgments, demands defense
costs, and consequential damage or liability of any 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
07-821/7439 12
1 11
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 obtain and furnish to City workers' compensation and
employer's liability insurance in an amount of not less than the State statutory limits.
CONTRACTOR shall require all subcontractors to provide such workers'
compensation and employer's liability insurance for all of the subcontractors' employees.
CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms
of the workers' compensation and employer's liability insurance and CONTRACTOR shall
similarly require all subcontractors to waive subrogation.
20. INSURANCE
In addition to the workers' compensation and employer's liability insurance
and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY,
CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability
insurance, including motor vehicle coverage covering the PROJECT. This policy shall
indemnify CONTRACTOR, its officers, employees and agents while acting within the scope
of their duties, against any and all claims arising out or in connection with the PROJECT, and
shall provide coverage in not less than the following amount: combined single limit bodily
injury and property damage, including products/completed operations liability and blanket
contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is
provided under a form which includes a designated general aggregate limit, the aggregate
limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy
shall name CITY, its officers, elected or appointed officials, employees, agents, and
volunteers as Additional Insureds, and shall specifically provide that any other insurance
07-821/7439 13
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:
I . provide the name and policy number of each carrier and policy;
2. state that the policy is currently in force; and
"I
.3. promise to provide that such policies will not be canceled or modified without
thirty (30) days' prior written notice of CITY.
CONTRACTOR shall maintain the foregoing insurance coverages in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations
as set forth under this Agreement. CITY or its representative shall at all times have the right
to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay,
in a 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,
07-821/7439 14
13
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 refases 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 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 24 and any damages shall
be assessed as set forth in Section 24.
07-821/7439 15
24. TERMINATION FOR CONVENIENCE
CITY may terminate this Agreement for convenience at any time with or
without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days
written notice to CONTRACTOR. In the event of termination, under this Section CITY shall
pay CONTRACTOR for value of work in place on the PROJECT through the termination
period plus seven and one-half percent (7 V2%) 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.
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.
07-821/7439 16
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 I
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to the
addresses specified below; provided that CITY and CONTRACTOR may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, reputable overnight carrier or U. S. certified
mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Director of Public Works
2000 Main Street
Huntington Beach, CA 92648
TO CONTRACTOR:
All American Asphalt
P.O. Box 2229
Corona, CA 92878-2229
07-821/7439 17
30. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and
are included solely for convenience of reference only and are not representative of maters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision of
this Agreement.
3 1. 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
byCONTRACTOR.
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, such that the prevailing party shall not be entitled to recover
its attorney's fees from the non -prevailing party.
07-821/7439 18
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 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.
07-821/7439 19
4 1 P
37. CONSENT
Where CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be consent/approval to
any subsequent occurrence of the same or any other transaction or event.
38. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement shall so survive.
39. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
40. ENTIRETY
The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and- that each has had the -
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or
warranties, oral or otherwise, have been made by that party or anyone acting on that 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. This Agreement, and the attached
Exhibit "A", contain the entire agreement between the parties respecting the subject matter
07-821/7439 20
of this Agreement, and supersede all prior understandings and agreements whether oral or in
writing between the parties respecting the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
ALL AMERICAN ASPHALT, a California
corporation
Thomas Toscas, Secretary/Treasurer
REVIEWED AND APPROVED:
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California
P'Nfy-or
ATTEST:
C(ff Clerk
APPROVED AS TO FORM:
/J4-1-4 z9�1 La��- ity Attorney 1ykV- 1-3(-01 W
ty Administrator f1/;?0M7
)J��TED AND A OVED:
Director of Public Works V
07-821/7439 21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
T4
State of California
County of Riverside SS.
On February 14, 2007 before me, Brenda L. Royster, Notary,
Date Name and Title of Officer
Personally appeared Robert Bradley and Thomas Toscas
Name(s) of Signer(s)
ORENDA L. ROYSUR
COMMISSIOn # 1700"2
Notary PubUC - Caftfjft
Riverside Courdy
2 =-- - A-41 M alp
OPTIONAL
X personally known to me
—prov . Of
4alsfa��
to be the person(s) whose name(s)
,Lgrare subscribed to the within instrument
and acknowledged to me thatlwZoe/they
executed the same in*l%sAw/their authorized
capacity(ies), and that byU90jer/their
signature(s) on the instrument the person(s)
or, the entity upon behalf of which the person(s)
acted, executed the instrument.
W NESS my h d and o
�ialal,
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: Agreement - City of Huntington Beach
Document Date: Februa!y 14, 2007 Number of Pages: 22
Signer(*YOther Than Named Above: None
Signer's Name:
-individual
XCorporate Officer Title(s): Vice President and Sec./Treasurer
-Partner- -Limited -General
-Attorney-in-Fact
-Trustee
-Guardian or Conservator
-Other:
Signer is Representing: All American Asphalt
Top of thumb here
ALL AMERICAN ASPHALT
ALL AMERICAN AGGREGATES
7A RO. BOX 2229, CORONA, CA 92878-2229
STATE CONTRACTORS LICENSE #267073-A
CORPORATE RESOLUTION
Resolved, that this Corporation, All American Asphalt, on February 15, 2007 designated
Robert Bradley to represent our Corporation in the capacity of President.
Thomas Toscas
Secretary/Treasurer
TELEPHONE: 951-736-7600 - FAX: 951-739-4671
q -, w %I
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
ALL AMERICAN ASPHALT FOR THE APPLICATION OF
ASPHALT OVERLAY ON VARIOUS CITY STREETS
TABLE OF CONTENTS
Pu,e No.
I .
STATE OF WORK; ACCEPTANCE OF RISK
1
2.
ACCEPTANCE OF CONDITIONS OF WORK; PLANS
2
COMPENSATION
4
4.
COMMENCEMENT OF PROJECT
4
5.
TIME OF THE ESSENCE
4
6.
CHANGES
5
7.-
NOTICE TO PROCEED
6
8.
BONDS
6
9.
WARRANTIES
6
10.
INDEPENDENT CONTRACTOR
7
11.
LIQUIDATED DAMAGES/DELAYS
7
12.
DIFFERING SITE CONDITIONS
9
VARIATIONS IN ESTIMATED QUANTITIES
10
14.
PROGRESS PAYMENTS
10
15.
WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
11
16.
AFFIDAVITS OF SATISFACTION OF CLAIMS
11
17.
WAIVER OF CLAIMS
12
18.
INDEMNIFICATION, DEFENSE, HOLD HARMLESS
12
19.
WORKERS'COMPENSATION INSURANCE
13
20.
INSURANCE
13
21.
CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
14
22.
NOTICE OF THIRD PARTY CLAIM
15
23.
DEFAULT & TERMINATION
15
24.
TERMINATION FOR CONVENIENCE
16
25.
DISPOSITION OF PLANS, ESTIMATES AND OTHER
16
26.
NON -ASSIGNABILITY
16
27.
CITY EMPLOYEES AND OFFICIALS
16
28.
STOP NOTICES
17
29.
NOTICES
17
30.
SECTION HEADINGS
18
3 1.
IMMIGRATION
18
32.
LEGAL SERVICES SUBCONTRACTING PROHIBITED
18
3 3.
ATTORNEY'S FEES
18
34
INTERPRETATION OF THIS AGREEMENT
19
35.
GOVERNING LAW
19
36.
DUPLICATE ORIGINAL
19
37.
CONSENT
20
38.
SURVIVAL
20
39.
MODIFICATION
20
40.
ENTIRETY
20
SECTION C
PROPOSAL
for the
VARIOUS RESIDENTIAL STREETS FOR ASPHALT OVERLAY AT.121
MAINTENANCE SERVICE CONTRACT # 431
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 Sixty (60) working days, starting from the date
of the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids
and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall
govern over extended amounts, and words shall govern over figures.
C-1
Bid Schedule
MSC - 431
WAN ' *
Cold Plane
1
429,770 S.F.
at 4-iAevJ4--L\,-c c-("LS._perS.F.
o15
Furnish and Install Petromat
2
1,592,289 S. I F.
at +,e�i c-rvtisl _ per S.F.
Furnish and Install Asphalt at .121
3
14,331 Ton
at c, i'x +y - <,,eye k-, a o i tq Y,, per Ton
Adjust Water Valves to Grade
4
221 EA
attv-okun,:4twA eo)L!�� �(�erEach
I -Do 0c)
Adjust Manholes to Grade ka It 0"' `
5
148 EA
attN--,Viukayg,::k -fv,+4-f!per Each
/L'�O 00
Prepare Pre & Post Construction Corner
Record and File with Appropriate Agencies
6
113 EA
'46,19 T 4,
t, Y a*rch
atf h v e e �iu r,-A r -e,-A 4 ou per
Prepare Post -Construction Corner Record
and File with Appropriate Agencies
7
38 EA
atoyp kvhd t-,-c( , sev-�ei4±: +),,,.,--per Each
Total Bid Amount in Figures 12)J9
JTotal Bid Amount in Words i�jl-vr -t��cr,�cjj
m I
C-2s
If awarded the Contract, the undersigned agrees that in the event of the BIDDER!S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the 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.
Accompanying this proposal of bid, finXft
j*� in the amount of $ 10q- 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: A---) 0" 6,
Addenda No. Date Received Bidder's Signature
C-2
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the narne and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name andAddress ofSubcontractor State License Class
of Work Number
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
ftirnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Gtange R.WMIDE
4b@U WLeW -, beinp, first duly sworn, deL)oses and says that he Qr, -Ja is
vice fte5lom-r of A_4j. A146WjC#0 &PkWl- the party making the
foregoing bid that the bid is not e 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 Qf-hor 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.
R2 VNIA,
Name of Bidder
Signature of Biader RA* V. P.
PD.
Address of Bidder
Subscribed and sworn to before me this 5-';-4' day of ZV774-0 200-1.
ld=66' SMWA L 06006
-Cewnboo" 0 17000"
no" AMC - COW""
kworswe coumy
NOTARY PUBLIC 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 VARIOUS RESIDENTIAL STREETS FOR ASPHALT OVERLAY
AT.12', MAINTENANCE SERVICE CONTRACT # 431, (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
V
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-5
AU AkRdCA-k) &P44t;7-
Contractor
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?
E3 Yes Argo
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: 3)Ln
Contractor
C,
Title
0;
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:
74u- #m&jc4W
Contractor
Date: JOG�
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:
Bidder Name
Business Address
A
city, State Zip
I ) -7 -3 � - -2 (,,;, 00
Telephone Number
State Contractor's License No. and Class
-7) 1
Original Date Issued
-3) -6V
Expiration Date
The work site was inspected by ji�N Le &-arif our office on S- 200
The following are persons, firms, and corporations having a principal interest in this proposal:
" A
" ;-tqw, 'R." A,
I �9711011MHPAW-
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
1. L.LLJLL'%W%A %J1 J. YJJ%�� kJLrMJLJL"LUL%'
Subscribed and sworn to before me this 5'��ay of '140
NOTARY PUBLIC
Listed below are the names, address and telephone numbers for
the bidder has performed similar work within the past two years:
I .
Name and Address of Public Agency
Name and Telephone No. of Project Manag5o7.2-
Contract Amount
2.
Name and Address of Public
Name and Telephone No. of/
3
Contract Amount
of Work
ect Manager:
Type of Work
Name and d ess of Public Agency
p
Name and 7ele hone No. of Project Manager:
Amount
Type of Work
NOTARYSEAL
agencies for which
Date Completed
Date Completed
Date Completed
C-10
"2005"
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
9 10 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
300 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/l/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/l/2005
Start: 9/3/2004
Euclid Street & Harbor Blvd.
Contract Amount: $1,972,000.00
Completed: 9/30/2005
Start: 8/l/2004
642006")
PAST WORK REFERENCES
City of Pomona
505 So. Garey Avenue
Pomona, CA 91767
Contact: David Hunt, (626) 620-2261
City of Hawaiian Gardens
21815 Pioneer Blvd.
Hawaiian Gardens, CA 91706
Contact: Steve Steinbrecher, (562) 420-2641
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Contact: Mark Pugllsi, (949) 644-3331
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92629
Contact: Matt Sinacori, (949) 248-3574
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Contact: Michel Girgis, (714) 647-5052
City of Seal Beach
211 Eighth Street
Seal Beach, CA
Contract: Sean Crumby, (562) 431-2527
City of Tustin
300 Centennial Way
Tustin, CA 92630
Contact: Benny Tenkean, (714) 573-3161
Pomona Blvd. Street Rehabilitation
Contract Amount: $1,736,308.00
Completed: 3/30/2006
Start: l/l/2006
Carson Street Resurfacing
Contract Amount: $695,000.00
Completed: 2/30/2006
Start: 10/1/2005
Jamboree Road improvements
Contract Amount: $1,061,061.00
Completed: 8/30/2006
Start: 6/2006
Coast Highway
Contract Amount: $1,977,977.00
Completed: 6/30/2006
Start: 3/2006
Main Street Improvements
Contract Amount: $1,333,333.00
Completed: 6/23/2006
Start: 10/2005
Ocean Avenue Improvements
Contract Amount: $2,032,032.00
Completed: 11/2006
Start: 8/2006
Tustin Ranch Road
Contract Amount: $993,993.00
Completed: 8/2006
Start: 5/l/2006
Fidelity and Deposit Company of Maryland
Home Office: P.O. Box 1227. Baltimore. MD 21203-1227
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, ALL AMERICAN ASPHALT
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
BOND NO. 085 97 423
I as Principal, (hereinafter called the "Principal"),
P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as
Surety, (hereinafter called the "Surety"), are held and firmly bound unto
City of Huntington Beach
as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN --------
Dollars($ 10% OF TOTAL BID PRICE )Jor 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
Various Residential Streets for Asphalt Overlay at IT, Maintenance Service Contract 9431
Bid Date: January 9, 2007
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 faithftil performance of such contract and for the prompt
payment of labor and material ftimished 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 3rd
day of January — A.D., 2007
ALL AMERICAN ASPHALT (SEAL)
Principal
Witness
FIDELI'
— Z " -a ",!5� - - - By
Witness
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-3 10, February 1970 Edition.
BID7000OZZ0701f
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside SS.
On January 8, 2007 before me, Brenda L. Royster, Notary,
Date Name and Title of Officer
Personally appeared Robert Bradley
Name(Arof Signert*—
K personally known to me
-==pfeved tcrme-en4he-boas"S of
to be the person(t)-whose name(�Y
is/*e-subscribed to the within instrument
and acknowledged to me that he/sheftey
executed the same in his/lIVAkeir-authorized
capacityo#f+ and that by his/hVWftir
signature(4�,on the instrument the person(*�—
or, the entity upon behalf of which the person*_
acted, executed the instrument.
WIT, ff,
,"ESS my hand nd 5dial al,
Signature of N ary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: Bid Bond — Huntington Beach
Document Date: Janua!y 3, 2007 Number of Pages: 3
Signer(jo-Other Than Named Above: Owen M. Brown
Signer's Name:
—Individual
XCorporate Officer Title(#)V!ce President
Partner- Limited General
—Attomey-in-Fact
—Trustee
—Guardian or Conservator
—Other:
Signer is Representing: All American Asphal
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Wam* aWmW O*M M - MOM
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Commission # 1494946
Notary Public - Call la
Orange County
My Comm. Expires Jul 13,20081
to to " - - - - - -
sUbSorbed 10 1 a" w" "h" 0 k MM 2=1 9 ii *a nod
to an Od heAdOOW executed
the omm In hieRvigNik audwittioed
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1Wb or Type of Docun*mt BID BOND
DocuniatDate: 1-3�07 Numberd Pulse:
Sipiet(s) Odw Than Noned Abom ALL AMERICAN ASPHALT
Chifted by SWw
SWnees NWW OVEN it - lam
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OF MARYLAND
OWWW9WW*MVA 11 FW&ftftff a , CATA44W14OW"M
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 by nominate, constitute
and appoint Owen M. BROWN, of Anaheim, California, its true and I ' or act, to make, execute,
al kings, and the
seal and deliver, for, and on its behalf as surety, and as its act =*I
execution of such bonds or undertakings in pursuan on said Company, as fully and
amply, to all intents and purposes, as if th xe 6 ged by the regularly elected officers of
xe
the Company at its office in Bal '1)\AT4hLe-ir r This power of attorney revokes that issued on
behalf of Owen M. BRON&_�laltd% ftr,,
The said Assistant
Section 2, of the Bv-,
(�rtifylthat the extract set forth on the reverse side hereof is a true copy of Article VI,
and is now in force.
IN WITNESS WREREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of
December, A.D. 2004.
ATTEST:
State of Maryland ss:
City of Baltimore I
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 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
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 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,
3rd January 2007
this day of
Assistant Secretary
FEB-12-2007 VON 06:,44 PM
rlianflf- AA71;
FAX NO.
All I ARfiC0F'J
P. 02/05
ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDff"
I 02/12JO7
PRODUCER
Calco Ins Brokers & Agents Inc
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lic #01329370 (714) 937-1824
One City Blvd W, *700
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED 13Y THE POLICIES BELOW.
Orange, CA 92868-2947
INSURER$ AFFORDING COVERAGE
NAIC 0
INSURED All American Asphalt
PO Box 2229
Corona, CA 92878-2229
INIGURFRA7 Amh Specialty Insurance Co.
INSURER B! Great American lns.Co (OH)
NsUIRFA c., Seabright Insurance CID
INSURER D; Hartford Fire Insurance Co.
INSURER E!
COVERAGES
THE
POI
ICIFS OF INSURAINCF LISTFO BCLOW
HAVE BEEN ISSUED TO THE INSURED
NAMED ABOVE
FOR THE POLICY
PERIOD INDICATED. NOTWITHSTANDING
ANY
RZQUIRFMFNT,
TERM OR CONDITION
OI-ANY CONTRAC7 OR OT14ER DOCUMENT
WITH RESPECT
TO WHICH THIS
CERTIFICAI 121 MAY BE ISSUED OR
MAY
PERTAIN,
THE INWRANCE AFFORDED
BY THE POLICIES DESCRIBED HEREIN
IS SUBJECT TO
ALL THE TERMS. EXCLUSIONS
AND CONDrriONS OF SUCH
POLICIES.
AGGREGATE LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS,
_ArLICVgrirE_dT1iA7
DATE (MMIODNYI
INSIR
LTR
ADVI.
INSRE
— TYPE CF.INGURANGrz
- ....... ---.
- POLICY NUMBER
POLICY EXPIRATION
DATE (MWDDIYYI
LIMITS
GPP000872901
08101106
08101107
EACH OCCURRrNCR
S-1 000 0-0-0
A
GENERAL LLABIUTY
X COMMERCIAL CENERAL LIABILITY
—1 CLAIMS MADE F_Xj OCCUR
Gert. Holder Is
named additional
OAMACFT
PRE 0 TUE D
$100 1 000
MED FXP (Any ono pmon)
S
PERSONAL & ADV INJURY
III A00,000
Insured if
.... ....
$ 2-, -0 0- 0, 0- -0 0-
required by
_�ENERkL�CGHEGAIE
PRODUCTS - COMPA)P ACC ,
42,000.000
GrN'I.
AGGREGATE LIMIT APPLIES PER;
!�RLICY.F7%' PR')_.
1�,dF,%I,IECT
written contract
72UENGK549IK2
Cert. Holder Is
Okla
03101107
COMBINEDSINGLE LIMIT
(Es.6dent)
$1,000,000
AUITom0mK6
X
uARILITY
ANY AUTO
ALL OWNF 0 AUTOS
8CIIFDUI.Fn AUTOS
named additional
insured If
BODILY INJURY
(Pur ptimps)
X
T
BODILYINJURY
$
I IIRrD AUTOS
NON -OWNED AUTOS
required by
weitten contract--)
IM Mvlelffl]
CARA06
LIABILITY
PROPERTY DAMACP
(PeraccIdeni)
I
5
JENN1rbWMC,
jKA111, L;Ity
AMWY I
AUTO ONLY - EA ACCIDENT
OTHER THAN EAACO_.$__
A1J'fO ONLY: a
LG
3
ANY AUTO
C�-Jpl
08101101
B
EXCESSIUMBRELLA LIABILITY
OCCUR CLAIMS MADE
TUE5950076
08101106
EACH OCCURRENCE
AGGRECATE
$10000,000
51 PATOA-00
S_
$
DEDUCTIBLE
X RFTFNTION 0
....... 3 1 900___
C
WORKERS COMPENSATION AND
BB1060243
08101106
08101107
X 1%SLT T
EmPLOYERS'LiABILITY
ANY PROrRIETOR1PokRTNER/EXECUTJVC
OFFICERIMEMBER EXCLUDED?
If ym, dourriba undr.w
SPECIAL 17ROVISIONS bulew
_L.L. EACH AC��!P�Nj_
E.L.bis ASE, EA EMPLOYEE
E.L. DISEASE, POLICY LIMIT
$1,000,000
$1.000,000
$1000
OTHER
I)ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS APOCO GY FND0RSIiM5NT I SPkCIAL PROVISION&
RE; Various Residential Streets for Asphalt Overlay @.12; MSC-431
,2axp*
TE I
City of Huntington Reach
Attn: Robert F. Beardsley
2000 Main Street
Huntington Soach, CA 92648
LO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE FxpirunOhl
THEREOF, THE ISSUING INSURER WILL WARWIM111ILMAIL '4A DAYS WF
: 9 TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.=%&XWXX5=g**W
AGORD25(2001108)1 of2 #317259IM8668 SCO1 (D ACORD CORPORATION '10$
FEB-12-2007 PON 06:.44 PM
FAX NO. P. 03/05
IMPORTANT
If the certincate holder is an ADDITIONAL INSURED, tho pollicy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of *uch endorsoment(s).
If SUBROGATION IS WAIVED, subject to the terrns and conditions of tho policy, certain policies may
require an andQrsomanl. A statomont on this certificate does not confer rights to the cortificato
holder in lieu of such endorsement(a).
DISCLAIMER
The Certiricate of Insurance on the reverse side of this form does not constituto a contract between
tho issuing insurcr(s), authorizcd representative or producer, and the certificate holder, nor does it
af l'irmatively or negatively amend, extend or gil ter the coverago afforded by the policies listed thereon,
ACORID 25-5 (2001108) 2 012 #S17259119118658
FEB-12-2007 MON 06:44 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 or1lunfington Beach, its officers, elected or appointed officials, employees, agents, and volunteers
The Redevelopinent Agency of the City of Huntington Reach
Project-,
Various Residential Streets for Asphalt Overlay @, 12'; MSC-431
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
Narned Insured: All American Asphalt
Endorsement Effective Date: 8/1/06
00 CGL0006 00 02 04 eAMy Da=\ALLkGndt,doc
FEB-12-2007 OON 06:45 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 Numbev
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: 8/1106
00 CGLOM 00 0104 Page I of I
City Of Huntington Beach
Business License
Business Name I Service Address
ALL AMERICAN ASPHALT
License Type
Contractor
Owner I Corporation
DAN SISEMORE
THIS LICENSE IS ONLY FOR THE BUSINESS AND
TYPE SHOWN. IT IS FOR THE PERSON TO WHOM
ISSUED AND IS NON -TRANSFERABLE. RENEWAL IS
DUE ON OR BEFORE THE EXPIRATION DATE. POST IN PUBLIC VIEW
1)6air Business Owner:
License Number A016726
Effective Date 05/01/2006
Expiration Date 04/3012007
Amount Paid $159.16
SIC 1794
FEB-12-2007 MN 06,:,44 PM FAX NO. P. 01/05
Fax�
Spencer Cooley
Calco Insurance Brokers & Agents, License #OB29370
Phone: (714) 937-4366 a Fax: (714) 634-1328
To., Brenda Royster Date: 2/12/2007
Fax: 951-739-4671 Pages,, 5
Cc: Fax;
Re. Certificate(s) of Insurance
M'Ossqge:
Please f ind attachcd certificate(s) as requested, If you should have any questions, do not hesitate
to contact me at (714) 93 7-43 66.
Thanks
Spencer
4-sw aw-mce Brrikers
Calco II Ufa
One City Boulevard West, #700 9 Orange, CA 92868
EXECUTED IN TWO (2) PARTS
0EFIFORM-ANCE-80H.-D.
-Ar,T,- AMBMR�I'(--'AN ASPHaT.1
,-400,
-(hmlrmbr
VARIbUS RiESIDENTIAL STREETS FOR ASPHALT OVERLAY 12 1;
�y
opod r
ih
MW THEREFOREA6 i tfio'u.mdorislgnoV, �s'P.rinqIpA#�d
..ETQET,TTY ANI) DE20-S-IT C:OMPANY QP MAIRVT.AME)
(i *0-M,diffleii lotdry -f"uror Vpdor U*,oWs.,6f thf:5w
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;or,w-)y--Mrjffoq,- 10 t>b
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EWMkF=URY 1!ITH., 2007
FIDELITY AND DEPOSIT COMPANY
AT: Tf MT OF MARYLAND
o -AttoMt -
f
18181 408-2800
8
APORMO ASTORGAM
.cjTr wbmoom sooR
-fink- so*&* ci
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside SS.
On February 21, 2007 before me, Brenda L. Royster, Notary,
Date Name and Title of Officer
Personally appeared Robert Bradley
NameV�16`f Signere-
SRENDA L. RMUR
Cominfulon # I 70M2
Notary Public - Caillfornia
Rlvwside County
OPTIONAL
X personally known to me
&9W8&0rTV7MrTCe
to be the person4"hose name(,14�
is/@fe-subscribed to the within instrument
and acknowledged to me that he/ghekhpI6
executed the same in his/pefi*eir authorized
capacity(iep), and that by hisftofifteif-
signature(V-on the instrument the person(W
or, the entity upon behalf of which the person(V—
acted, executed the instrument.
VWNESS my harA and offigffil sq6j, - j
Signature of Notary Public U
Though the infon-nation below is not required by law, it may prove valuable to persons re�i
document and could prevent fraudulent removal and reattachment of this form to another
Description of Attached Document
Title or Type of Document: Performance Bond— City of Huntington Beach
Document Date: February 14, 2007
Number of Pages: 5
Signer(O-Other Than Named Above: Owen M. Brown, Attorney -In -Fa
Signer's Name:
—Individual
XCorporate Officer TitIeW-.-_Y_`i�ce President
—Partner- —Limited —General
—Aftorney-in-Fact
—Trustee
—Guardian or Conservator
—Other:
Signer is Representing: All American Asphal
WIFIM
of thumb here
CALIFORNIA ALUVRPOSE ACKNOWLEDGMENT
State Of California
SS.
County of ORANGE I
4:1 oil 60
BARBARA J. BENDER --j
Commission# 1494946 1
Notary Public - California
Orange County
*my COMM. ExPlres Jul 13,2008
W it
BARBARA J. BMWER
jipersorkally Ww" to me
to be the person(A) whose name(s) WAM
subscribed to the within instrument and
admowledged to me #0 heAWWp executed
Me same in hiallAkWalp authorized
capacity(O*, and that by hisA11111111111M
signature
,* on the instrument the person*, or
the e9ft Ppon behalf of which the person(s)
actati. aWcuted the instrument.
OPTIMAL
Thoq_0 ft Mwrmfta bebw is not requkw by bw & nny prom vais" to pwmn wo" on Me db� and axW pavad
lrauduhW maxwol aW reaftc1WW9 of 0* f0m to arx0w documeM
DeSa"W Of Atbohed DOCUMent
TMe wType d Document PERFORMANCE BOND 088 70056
Document Daig: .0 2 / 14 / 0 7 Number of Pages: TWO
Signer(s) 06w Than Named Above ALL AMICM ASPHALT
CapadWfes) Clakned by Skjner
Signees New OWEN M. BROWN
• Individual Top of ftxnb twe
• corporate omm — Tway
0 Partner — 0 Urnited 0 General
,jj A#omey-M4:Ad
0 Trustee
0 Cvxudian or Conservator
0 Other
Signer Is
OF HARYLAW
elm HaftW No"Awaddon -9M Do SMAVO� M BUS= * MW"ft CAMMOM ftQ& ft MR Fa0wer ca T*FM 140"X�
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 , (QS by nominate, constitute
and appoint Owen M. BROWN, of Anaheim, California, its true and I or, act, to make, execute,
seal and deliver, for, and on its behalf as surety, and as its act al takings, and the
execution of such bonds or undertakings in pursuan S, s I on said Company, as fully and
amply, to all intents and purposes, as if �h xe-Q 6 ged by the regularly elected officers of
the Company at its office in Ball='=, heir r This power of attorney revokes that issued on
behalf of Owen M. M U\---" it ru y
The said Assistant 1�1'_-c at the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- pany, and is now in force.
IN WITI — - - I OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of
December, A.D. 2004.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
f3 DEPOS
C,
4
v
By:
Eric D. Barnes Assistant Secretary William J. Mills Vice President
State of Maryland ss:
City of Baltimore I
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 Attorney s- 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
Z�
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 14th day of February 1 2007 —
Assistant Secretary
No. 4662
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amemded
Certificate of Authority
THIS IS TO CERTIFY, That, lyursifunt to the Insurance Code of the State o
f Calffbada,
Fidelity and Deposit Company of Afarylwd
of Baltimore, Maiyland, organized under the laws of Maryland, suiVect to its Articies of Incorporation
or oilzerfiMamental organizational docantents, is hereby authotized to transact within this State, sul�ect
to all provisions of this Cerrificafe, lite following classes of insurance: Fire, Marine, Sumy,
Plate Glass, Lwbzhq� Workers' Conpensafton, Coomwit Cartier Liabift Roder and Machinery,
Burglary, Credit, Sprinkler, Tecon and Vehicle, Automobile, Aircraft, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of Califonda.
THIS CERTIFICATE is apressty conditioned upon lite holder hereof now and hereafter being
in ftdt comptlance ivith all, and not in violation of any, of the applicablee laws and lawfid reqtdrements
made wzder authority of the laws of the State of Callfonda as long as such laws or requirements am in
effect and applicable, and as such laws and requirements now are, or may hereafter be dianged or
amended.
IN WITNESS WHEREOF, effective as of the 29th day of January, 19&5,
1 have heretinto set my hand and caused my official seal to he
affued this 29fh day of Jw=ry, 1985.
Fee $50M Bruce Bunner
buwwar CommkWongr
Rec. No. S4314
Ffied 12/3/84 By Victoria S, Sidbury
aw;fication
1, LIL- un*.-Mgrwd1wwww Cmimmoner of the State of ChVmwo� do hereby catfy that I have
comp&vdthe above copy of C�rVkak qfAudjorio, with the &vkcafe qfmVhud now onfile in my offibe.
ad that the sone is afuI4 ftwe, andearrect &w=npt thereof, andof fim whok ofsaid&plicate, and smd
Cerfificqe ofAudwrity Is now infuRforce and effea
IN WITNESS WHEREOF, I have heretaito set my hwzd-qad-�au� my
official smi to be affixed this 3rd day qfA"k,'2W0.
1, Clari KeLqo
Pau4ne D'Andrea
Derwy
EXECUTED IN TWO (2) PARTS BurioM,9§8 7Q-O 56
.p . MEMIrtol . RID
(LABOR AMD'NWEIUAW
1)46
40-OBEIst SiZth-- -Street; -QQj0—NA. CA 92878
VARIOUS RESIDENTIAL STREETS FOR ASPHALT OVERLAY 12
MSC-0431 .. ... .
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4 P W Wl E R 9 F.0 9E- *4. # I & ti i we m (9 n W f Wh CW 1; A a d
FIDELITY AND 6E�bSJIT COMPANY!bF'-kARYLAND
- -- R01 N RTa-J a�ivagn-' GLENDALE, CA—, 1'203
Wdw'=w*w-Aw -k"W-U **. Im pf*a *6Vm 0 CaffavOw sad hereim4W.Tarermd Aw
— W
As vwooiy% as MTLI
THREE H [ftDbR F64TV )�IGRT THOUSA14D THREE HUNDRED FOi$F
EIGHT AND N01100.40
1 348J.48.0(
y"C"Dow-ep M-S ".UWOMA SUCH"IMM TV*: lot Mr. Alf ftioM
RmIxom-, wow# r !; mo %v"A.w:.py- "m . df
W
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."Sam
vlt4fw Ti 0�'oy
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jopv*ymwK ate=doft" pwi3i sum spopw 1p im vmg; pmemme, inipvvjmpipn STRI-M
�79V -00
V79M PAY*tfffT .14&
owid Nei 088�70056
also wgkm-'tbe pmOftm *'QvTffixtA&:Q*ff-.eWe,§§
an . 6. wowarft . 9W.-ft wwunvn: iias b"i 4*
bft:AfXfA-bW)ft:W $W* "W4 pWpQr k*VQM am Mai ihw-WiWou
mason ageirMUre
bond.
FEBRUARY 14=T,* 007
QV"d-
ATTM ALL = RICAN ASPHALT
(0amme6aesO
B
lk. Vt
FIDELITY AND'DEPOSIT COMPANY
lv�SST OF-MARYLAND
181 408-2800
-VW3:CWS Tdbph-onb-IW r-ofSq"_
APPJMVM.'AS 70 f 0 W.
GMVP HUNT*WMIf OEAW
w4ii
vh4swil f� ow
ftel 101.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Riverside SS.
On Februa!y 21, 2007 before me, Brenda L. Royster, Nota!y,
Date Name and Title of Officer
Personally appeared Robert Bradley
NameW-of SignerW—
LMONDA L. ROVIM
COMM1168110n 17OM2
Notary PubHe Ccaftfta
Rfv*rskft County
OPTIONAL
X personally known to me
'-of,
jmvedftir&e"4he*asn
1�1`MtVl e7k*M*
to be the person*whose name(*— ,
is/9fe subscribed to the within instrument
and acknowledged to me that heAM4eAWa&y
executed the same in his/b.9,dbieir authorized
capacity(4a), and that by his/r�e�
signature4)-on the instrument the person*
or, the entity upon behalf of which the person(�_
acted, executed the instrument.
ha a Yd
my off"
4ah —
Signatu re of Notary
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— City of Huntin_qton Beach
Document Date: February 14, 2007 Number of Pages: 5
Signer(�rOther Than Named Above: Owen M. Brown, Attorney-In-Fac
Signer's Name:
—individual
XCorporate Officer Title(V�. Vice President
Partner- Limited General
—Aftorney-in-Fact
—Trustee
—Guardian or Conservator
—Other:
Signer is Representing: All American Asphalt
Top of thumb here
Swo of cawtonva
S&
cowy of ORAWA I
on 02/14/07 —before ffie. BARBARA J. BMMXR
UM WvM2WMDGI0M=0MWJwMDmWWyPddn
persorv* appeark! M. BROWN
"Mmodsw-W
OM RARBARAJ. BENDER
Commission # 1494946
Notary Public - California
Orange County
y Comm. Expires Jul 13 , 20081
R*�p Yjz _H=11i4%'1:6111QL�L�411
�v
r- i� 7 t - I =i_, AI
and that by h%MMUM
a 3 F., M UMI -
OPT)ONAL
R
Thamob ge hftwoffan F A pl 111; nW m996WAYAM ImWww UNkffift tOPUMM M�** on No dwunuWandem0pavent
fizuduAWrspwWandmaMK*mwd ate* Am #aanoMerdbvwjw&
Desm"m of AUMI" Docimmift
TiftorTyp9otoocumert PAYMENT BOND 088 70056
Domirmt DaW 02/34/07 Nwiberofftgew!j!W6
qgnw(s) Odw TtM Nawfed Abow ALL AMICAR A$PHALT
C8WRYINS) Chift" by S%W
SperIs Nww OWW M. BROWN
0 hKoftial 7Topof thtffnb h—ere
0 Corporde oftw — TIWSY
0 Parhm —0 LkIded 0 General
XR A*Mwpb-Fad
0 TMSIlee
0 Guardian or Conwvftr
0 01111W.
SIgw is
_j
OF 14ARYLAM
4�
PM&Ww" Rwitter CaN TMAm 14MOV84M7
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.., by nominate, constitute
0
and appoint Owen M. BROWN, of Anaheim, California, its true and I N tor act, to make, execute,
seal and deliver, for, and on its behalf as surety, and as its; act al takings, and the
execution of such bonds or undertakings in pursuan S, S' on said Company, as fully and
amply, to all intents and purposes, as if thp3�W xec ged by the regularly elected officers of
� PIT, k Z�
the Company at its office i rip, heir r This power of attorney revokes that issued on
' 0
n Bal *
behalf of Owen M. RROMWr:�I=t nu ary rtn�A r,
The said Assistant �Si
Section 2, of the By-LM
IN WITNESS Wl�
affixed the Corporate
December, A.D. 2004.
ATTEST:
��rtffOthat the extract set forth on the reverse side hereof is a true copy of Article V1,
.y, 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 I
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.
k�%JiMljj"
Maria D. Adamski Notary Public
My Commission Expires: July 8, 2007
POA-F 012-4160
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
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 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 14th day of February 2007
Assistant Secretary
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY, 771(11, pursuatir to the insurance Code of the State of Cafffonda,
Fidelity and Deposit Compatay of Aftyland
of Baltimore, Matyland. organized under the laws of Maryland, subject to its Articles of Incorporation
or oilzer-Jiindaniental organizational docitinents, is hereby authorized to transact within this State, sWect
to all provisions of this Certificate, the folio wing classes of insurance. Fire, Marine, Surety,
Plate Glass, Ljobitiq, Workers I Compensation, Common Carrier Liabdfio� Boiler and Machinery,
Burglary, Credit, SprbWer, Teata and Vehicle, Automobile, Ah-craff, and Miscelltmeous
as such cfasses are now or may hereafter be defined in the insurance Laws of the State of GWornia.
THIS CERTIFICATE is expressly condidoned upon the holder hereof now and hereafter being
in full compliance with all, and not in violation of any, of the applicable laws and lawfid requ�rements
made wider authority of the laws of the State of California as long as such haws or requirements are in
effect and applicable, and as such laws and requirements now are, or may hereafter be c0tanged or
amended.
IN WITNESS WHEREOF, effective as of the 291h day of January, 1985,
1 have hereunto set my hand and caused my official teal to be
affhed this 29th day of Janwry, 1985.
Fee $50.00
Rec. No. S4314
Filed 1213/84 BY
Calification
Bruce flunner
Inmr�e CormiWoner
Yidpria S, Sidbury
1, the unditzignedfimuratice Cmmissioner of the State of Cahfon* do hereby cerafy LW I have
cotqp4ral dw abow copy of Ceraficzae ofA utharity with the 4plicae of mVind now onfik - my ofi%av�
anddwdx smm isafuI4 ftw andcmrvct&wLwVt thereof, andof1he whole of md&plicafe, andswd
Certificate of Audiorny is now thfuffforce and effect
, 71, i .-. , - -
IN WITNESS WHEREOF, I have hereunto set my 'MY
official seal lobe afflked this 3rd day of Avgwv4.�,706',
1. Clark Kelw
Acdqg1mwmwe CvmmWivier
Pauline D'Andrea
Do-ty
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 VII 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 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 pedury under the laws of the State of California that the foregoing is
true and correct.
Executed this day of 720 at California.
(Type Contractor Name)
By: � -- -- -A � IFY'I�
Name: [Type Name] Ar, I I
Title: [Type Title] IF R
ORNEY
I
_1� 13 - 2�6 - UP
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 Califarnia,
Department of Industrial Relations, and/or the United States Department of Labor.
I declare under penalty of pedury 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.
-T-U-S 0_._ar6_0_T.P
247542.1
CONTRACTOR9S CERTIFICATE
1, , state and certify that:
(Name of Declarant)
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
APPROVED AS TO FORM
By:
1 -740
Name: LType Name]
Title: [Type Title]
on this day of -- -�20
(Signature of Declarant)
245914.1
11
RECEIVED BY:
(Name)
(Date)
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's.Ofrice
after signingidating
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: ja ri Fr idenrich, City Treasurer
FROM: 1 --7
laA,XZ A -
DATE:
SUBJECT: Bond Acceptance
I have received the bonds for
(Company Name)
Faithful Performance Bond No. —400-5-�:)
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Re: Tract No.
CC No.
MSC No.
Approved
(CotAkil Apdwal Date)
Agenda Item No.
City Clerk Vault No.
#27 g:ifollowup/bondletterdoa
S�e L/
Council/Agency Meeting Held: c:�. =-5-- 0 -�
Deferred/Continued to:
'�(Appryed Ll Conditionally Approved L3 Denied
wax�41
�!rk'ytigni�#
Council Meeting Date: 2/5/07
Department ID Number: PW 07-0051
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CFT,,YCOUNCIL MEMBERS
a-Z&->k C--qy
SUBMITTED BY: 7 ELOPE/ CU LBRETH-G RAFIT A, C ADMINIST TOR
PREPAREDBY: ROBERT F. BEARDSLEY, PE, DIRECTOR 0 PUBLICW S
:24;
SUBJECT: Award Contract for Asphalt Overlay of Various Residential Streets
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: On January 9, 2007, bids were received for Asphalt Overlay of
Various Residential Streets, MSC-431. Staff is requesting authorization to award the
contract to the lowest responsive and responsible bidder.
Funding Source: Funds in the amount of $1,750,000 are appropriated for residential
street improvements in Measure M Fund, 21390002.82300, Residential Pavement, Street
Improvements. The engineer's cost estimate for this project is $1,670,000. With contingency
and supplemental expenses, the full project cost is approximately $1,551,000.
Recommended Action: Motion to:
1 - Approve the plans and specifications;
2. Accept the lowest responsive and responsible bid submitted by All American Asphalt in
the amount of $1,348,348.00 for MSC-431;
3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved
by the City Attorney;
Alternative Action(s):
Do not authorize award of this contract and direct staff on how to proceed.
E - q
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 2/5/07 DEPARTMENT ID NUMBER: PW 07-005
Analysis: This project proposes to resurface 72 residential streets and street segments
utilizing an asphalt concrete overlay application. The streets and street segments included in
this project were originally identified for our 2004 Residential Street Program, but were not
completed in 2004 due to funding constraints. The engineer's estimate for this project is
$1,670.000. Bids were publicly opened on January 9, 2007, and are listed in ascending
order:
1
Bidding Contractor
All American Asphalt
Bid Amount
$1,348,348.00
2
R.J. Noble Company
$1,363,956.58
3
Hardy & Harper, Inc.
$1,386,673.48
4
Ruiz Engineering Co.
$1,395,790.81
5
Elite Bobcat Service, Inc.
$1,465,342.90
6
Excel Paving
$1,538,672.92
7
Sully -Miller Contracting Co.
$1,558,326.42
Staff has performed a reference check on All American Asphalt and received acceptable
responses. The firm is well -established and has performed extensive work of a similar
nature for government agencies throughout Orange County and southern California. Staff
recommends that Council accept the bid from All American Asphalt, the lowest responsive
and responsible bidder.
Public Works Commission Action: This project was reviewed by the Public Works
Commission on November 15, 2006 and approved 5-0-2. (Hart, Scheid absent)
Environmental Status: N/A
Attachment(s):
-2- 1/23/2007 8:12 AM
ATTACHMENT #1
MSC-431 List of Streets
FID
Street
From i�
To
138
Apollo Ln.
Atlas Dr.
Thor Dr.
138
BolsaPark Ln._Shelly
Dr.
Sydney Dr.
138
Citadel Dr.
LaSalle Ln.
Edwards St.
138
Columbia Ln.
Alexandria Dr.
Harvard Cir.
138
Dundee Dr.
Bolsa Park Ln.
END
138
LaSalle Ln.
Cornell Dr.
Mc Fadden Ave.
138
Sydney Dr.
END
Bayside Ln.
138.Tvndall
Dr.
END
Bolsa Park Ln.
139
Wexandria Dr.
Hanover Ln.
Victoria Ln.
139
Cant rbury Dr.
Yorkshire Ln.
END
139
Genoa Cir.
END
Alexandria Dr.
139
Melbourne Dr.
Hanover Ln.
Victoria Ln.
139
Norwich Cir.
Melbourne Dr.
END
198.Heathpoint
Ln.
Newbury Dr.
Glenfox Dr.
1981Lakepoint
Ln.
Inlet Dr.
END
198
Pacemont Dr.
Ivorycrest Ln.
Vestry Cir.
292
Manitoba Ln.
Alberta Dr.
Yukon Dr.
292
Quebec Dr.
Huntington St.
END
292
Steep Ln.
Fox Cir.
Ellis Ave.
292
Yukon Dr.
Huntington St.
Manitoba Ln.
442
Alabama St.
Alley Lincoln Ave.
Alley Memphis Ave.
442
Alabama St.
Ave.
Nashville Ave.
442
_Memphis
California St.
Indianapolis Ave.
Joliet Ave.
442
England St.
Knoxville Ave.
Lincoln Ave.
442
Georgia St.
Indianapolis Ave.
Joliet Ave.
442
Huntington St.
Knoxville Ave.
Ave.
442
Joliet Ave.
-Oswego
St.
Florida St.
442
—England
Joliet Ave.
California St.
Delaware St.
442
Joliet Ave.
St.
Beach Blvd.
442
—Georgia
Knoxville Ave.
Alley California St.
Delaware St.
442
_
Memphis Ave.
Alabama St.
Delaware St.
445
Anchor Cir.
END
Cloudhaven Dr.
445
Browning Dr.
END
Harbor Isle Ln.
445
Cliffivood Dr.
END
Tideland Ln.
445
Cloudhaven Dr.
Mooncrest Cir.
Tideland Ln.
445
Cove Cir.
Adams Ave.
END
445
Harbor Isle Ln.
Browning Dr.
Strathcona Cir.
445
Jett Dr.
Sunshine Dr.
Johnson Ln.
445
Johnson Ln.
Guss Dr.
Dr.
445
1 Kenyon Ln.
—Browning
lHazelbrook Dr.
Cliffivood Dr.
445
1 Marina Ln.
jAdams Ave. -INautilus
Dr.
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RD 466
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Award Contract for Asphalt Overlay of Various
Residential Streets
COUNCIL MEETING DAM,
February 5, 2007
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
El
Not Applicable
0
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
El
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Attached
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
El
Not Applicable
0
Bonds (If applicable)
Attached
El
Not Applicable
Staff Report (if applicable)
Attached
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
El
Not Applicable
0
Find ings/Cond itions for Approval and/or Denial
Attached
1:1
Not Applicable
0
EXPLANATION FOR MISSING ATTACHMENTS
RCA Author: Jubinsky/Churchill:jg
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-.A A AT
OBCITY OF HUNTINGTON BEACH
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
LETTER OF TRANSMITTAL
Attention: Joan FIVnn
To: City Clerk's Office
2000 Main Street
Hunfinabn Beach, CA 92648
Fax (714) 374-1573
Date: December 12, 200
Project/C.C. No.: MSC 431
Regarding: Various Residential Streets forAsph
Concrete Oveday (a). 12', MSC 435
We are sending you: El By Mail El By Fax Mail(Number of pages including this sheet:)
We are hand delivering: El Attached F-1 Under a separate cover via the following items:
ElShop drawings E] Prints Plans 0 Samples El Specifications
El Copy of letter E] Change Order Other: Notice Invidna Sealed Bids
Item #
Copies
Pages
I Description
1
1
1
Notice Inviting Sealed Bids
2
3
4
5
These are transmitted as checked below:
For approval
Approved as submitted
Resubmit copies for approval
Foryouruse
Approved as noted
F-1 Submit - copies for distribution
For your action
El Returned for corrections
F1 Return corrected prints
For review/comment
El Other:
Remarks: Please find attached the Notice Inviting Sealed Bids for advertisement on 12/14, 12/21,
12/28, and 1/4. The bid opening is scheduled for 1/9.
Please contact me at extension 5042 with any questions you may have.
C: rile
By:
Jason Churchill, Street/Facility Supervisor
HAMY DocumENTs\GRANTs AND CoNTRAcfs\CONTRACTS\STREETs\OvERLAys\2006\NISB TRANsmrrAL To CLERK 431.DOC
SECTION A
NOTICE INVITING SEALED BIDS
for the
VARIOUS RESIDENTIAL STREETS FOR ASPHALT OVERLAY AT.121
MAINTENANCE SERVICE CONTRACT # 431
in the
CITY OF HUNTINGTON BEACH
PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as
AGENCY, invites sealed bids for the above stated projects and will receive such bids in the
office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648,
up to the hour of 2:00 P.M. on January 9, 2007. Bids will be publicly open in the Council
Chambers unless otherwise posted.
Copies of the Plans, Specifications, and contract documents are available from the Office of the
Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a
$35.00 nonrefundable fee if picked up, or payment of a $40.00 (plus shipping cost)
nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service.
Any contract entered into pursuant to this notice will incorporate the provisions of the State
Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the
minimum prevailing rate of per them wages for each craft, classification or type of workman
needed to execute the contract shall be those determined by the Director of Industrial Relations
of the State of California, which are on file at the Office of the Director of Public Works, 2000
Main Street, Huntington Beach, CA 92648.
The AGENCY will deduct a 10% retention from all progress payments. The Contractor may
substitute an escrow holder surety of equal value to the retention in accordance with the
provisions of the California Government Code, Section 4590. The Contractor shall be beneficial
owner of the surety and shall receive any interest thereon.
The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded
full opportunity to submit bids in response to this notice and will not be discriminated against on
the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to
the award of contract.
No bid shall be considered unless it is prepared on the approved Proposal forms in conformance
with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's
check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the
amount bid. The successful bidder shall be licensed in accordance with provisions of the
Business and Professions Code and shall possess a State Contractor's License Class at the time of
the bid opening. The successful Contractor and his subcontractors will be required to possess
business licenses from the AGENCY.
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all
bids under advisement for a maximum period of 60 days.
BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA,
the 5th day of September 2006, by Resolution No. 2006-56.
Attest:
Joan L. Flynn
CITY CLERK OF THE CITY OF HUNTINGTON BEACH
A-1