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HomeMy WebLinkAboutB & T Works, Inc. - 2010-06-07RECEIVED BY: (Name) r _ 1,l — I I (Date) i CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari-Freidenrich,City Treasurer FROM: A-" "S CJr7 DATE: SUBJECT: Bond Acceptance I have received the bonds for a 9f 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. `f- Approved �� (Council Approval bate) %Lk/ t" %(/1 .1)6615-4 Agenda Item No. City Clerk Vault No #27 g1followup/bondletter.doc ® City Huntington ton Beach 01D g INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Duane D. Wentworth, Contract Administrator DATE: 1/6/11 SUBJECT: Retention Release Payment Company Name: B & T works, Inc. Address: 23905 Clinton Keith Road Ste 114-351 City, State and Zip Code: wildomar, CA 92595 Phone Number: (951) 775-6617 Business License Number: A251420 Local Address: NIA Notice of Completion Date: 9/2/10 Contract Purpose: MSC 471 - Reconstruction of Tree Petition Residential Streets The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Date Travis . pkins, Public Works Director I certify that there are, no outstanding invoices on file. -- 1 113 tl Date Joyce Zk City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Joan Flynn, Pjty Clerk 471 Retention Release 3 Signatue Form 1/6/2011 8:08:00 AM PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Duane D. Wentworth P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIII11111111111111111111IIIIIII NO FEE - 2010000433746 02:18pm 09/02/10 66 406 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to B & T Works, Inc. who was the company thereon for doing the following work to -wit: RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT 471. That said work was completed August 27, 2010 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 January 29, 2004, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Western 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 September 2, 2010 761-1 for of Pu i orks or City Engineer itl8ityof Hunt' gton Beach, California STATE OF CALIFORNIA) County of Orange . ) ss: City of Huntington Beach ) I, the undersigned; say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder range Co,�nty. Dated at Huntington Beach, California, this September 2, 2010 Director of Public Works or City Engineer d&ty of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies), 00.059-TITLE PAGE (R7/95) 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: /V/� ` V 7 / 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 perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of Ci l) , 2010, at i.+.J � /,419-1' , California. (Type ontractor Name) Name: [Type Name] Title: [Type Title] R r�TwTV 1 11.J 3 ­ab - 0�0 245911.1 CONTRACTOR'S CERTIFICATE I, 'b v'°'F'� ' diµ ' C i ,state and certify that: (Name of Declarant) 1. l T is the general contractor to the City of Huntington Beach ("City') on Contract No. S C _ (/ ?/ (the "Contract") for the construction of the public work o/f_ 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). 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 disputedd 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 � t A �L on APPROVED AS TO FORM By: SI 1 -7 [,0,4T� Name: [Type Name] Title: [T1,Te Title] 245914.1 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: C_ 7 Project: 4_11A�_ The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of �" ��✓ 200 at (A,'r001i� , California. (Type Contracto Name) Name: ' ype Name] Title: [Type Title] Atl `f0 CITY ATTORNEY -TLS o3- a'b - tStp 247542.1 RECEIVED BY: (Name) (Date) TO: Shari Fpeidam4o4pCity Treasurer a FROM:(3/t—� DATE: /f l SUBJECT: Bond Acceptance Ir have received the bonds for _ Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSG No. Approved (Conn it A proval Date) Agenda Item No. City Clerk Vault No. CITY CLERIC RECEIPT COPY Return DUPLICATE to City Clerk's Office after signingidating #27 g1followup/bondlefter.doc **Duplicate Original** Maintenance Bond Bond No. CTC00056 Premium: $2,785.00 KNOW ALL MEN BY THESE PRESENTS, that we B&T Works, Inc. , as Principal, and WESTERN INSURANCE COMPANY, a Nevada corporation, as Surety, are held firmly bound unto City of Huntington Beach as Obligee, in the full and just sum of One hundred Twenty -Five Thousand Six a� Hundred Forty -Two Dollars and Fifty Cents**($125,642.00 ), for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said County requires that the Principal will furnish a bond conditioned to guarantee for the period of 1 year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period in connection with Completion of MS 741— Reconstruction of Tree Petition Residential Streets NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within 1 year(s) from the date approval, the work done under the terms of said County shall disclose poor workmanship in the execution, of said work, the carrying out of the terms of said contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. PROVIDED HOWEVER, this Maintenance Bond is only furnished in accordance with the maintenance provision of the underlying contract. Signed and sealed this 18th day of November ,2010, Witness: :j'i _ B&T Western Ins7r pany Aul, Mel dy L Spaur, Attorney -In -Fact • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California /�� SS. �j County of !i On I8N0V0rnbVr(;e)iQfore Me Personally Appeared K. A. EBY • CC)iv M. # 1804042 F_ Z NOTARY PUBLIC - CAUFORNIAM RIVERSIDE COUNTY My Gomm. Expires June 25, 2012 v Notary Stamp .a Notary Public Name of Notary Public Name(s) of Signer(s) Qx Proved to me on the basis of satisfactory evidence To be the person(s) whose name(&) is late subscribed to the within instrument and acknowledged to me that-he-f he ey executed the same in er their authorized capacitygBa) and that by . � er ' signature(* on the instrument the person(ej, or the entity upon behalf of which the person(a�acted, executed the instrument. f certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and a o ' a s I. ignature of Notary Public License Number Expires 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 our Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Individual: Corporate Officer - Title(s): Partner - Limited Attorney -in -fact Trustee Guardian or Conservator Other: General Right Thumb Print of Signer 1 Right Thumb Print of Signer 2 Signer is Representing WESTERN INSURANCE COMPANY 336112 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Melody L. Spaur, Karen A_ Eby, John A. Ruiz Of the STATE OF NEVADA its true and lawful Attorney(s)-in-Fact, each in.their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business.of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 2nd day of March, 2010. WESTERN INSURANCE COMPANY +° Fa (Signed) By I� SEAL _ President Jr 1994 'rE OF 0 (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE) On this 2nd day of March, 2010, before me personally came DIC i MAN, PRESIDENT of the WESTERN INSURANCE COMPANY and ALICE A. MOLASKY ARMAN, SE of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, sa ey, the said I . ROTTMAN and ALICE A. MOLASKY ARMAN were respectively the PRESIDENT and CRET���aid WESTERN INSURANCE COMPANY, the corporation described in which executed the fore ��wer of Atto ey each k e seal of said corporation; that the seal affixed to said Power of Attorney was orate seals so affixed of the Board of Directors of said corporation, and that they signed their not, to by like 1{ SIDENT TARY, respectively, of the Company. My Commission expires the�4klt day in App`ri 1� ••••••••••• ..t PATRICIA A. [fTSONNotary Notary Public-Sute fN—da lV`Y 7✓ #n By _ {3.G�`-^ Public mmtx�ama vnmacWiy '''((( - No M,.li, 1- 0'� L..................................................� This Power of Attorney is grantede by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPANYVon March 2, 2010. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attorney(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed- The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,. and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I ALICE A. MOLASKY ARMAN, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on March 2, 2010 and that this resolution is in full force effect. 1, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. { �/, In Testimony' ego U f unto set rryl h d d the seal of the WESTERN INSURANCE COMPANY on this Secretary SEAL = M 4 J 1994 QF Q E OF ...(.-....-;h-^-..;:i.,.�wn �, ♦ ^-*^4�t�..W„ .rF .n .s-,.,.i—.✓r+..-,.. „-a..:.r-,i•,.. v: .,- r-°'ti^��,.:...�..`•..,1•,,.s.�.,,.,,�:.��. „�. +w.. ,� �..v�.'__..v,y_`�.,,;,t.�-.,-...;a'r..^�.:va`�;-'„c"�:,z,rw..�v»,....,y. wm:,,.�,�:,.y.-....--. i RECEIVED BY, } (Name) Ito (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating TO: Shari Freidenrich, CityTreasurer_ FROM: L! �l ��L-::a`t 1'� - DATE: / ✓ / / t~, SUBJECT: Bond Acceptance tiLn :_. have received the bonds for � f A-zi . 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. `f r Approved Ao— (Codncil Approval Date) (Company Name) Agenda Item No City Clerk Vault No #27 g:/followup/bondletter.doc FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR J`ZCO"STIZIJCOOA o f 77LCi- P �� rzv.) 12�s i o�tirl�tc_ 577- 5 m s c--V7 1 THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 13 �, W e 2-(LS i LNG- , a CO 2 P 02 V,TZ O Al , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as ECOA) ST-eUCT?o,) OF- 72E£ U�%<TlON iS DFM`lf}L STGL . m S c—r Y % / in the City of Huntington Beach; and The PROJECT to which the construction work covered by this Agreement pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Agreement pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations, Part 135, Economic Opportunities for Low- and Very Low -Income Persons, Section 3 contract clauses, the work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by g/agree/citywide/surfnet/federalCDBG const 3-07 1 of 43 HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited 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. g/agree/citywide/sur£net/£ederalCDBG const 3-07 2 of 43 2. ACCEPTANCE OF CONDITIONS OF WORK,• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, g/agree/citywide/surfnet/federalCDBG const 3-07 3 of 43 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. 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. g/agree/citywide/surfnet/federalCDBG const 3-07 4 of 43 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 p ,t 3 �v ND !lam D Pens D 'T'w c.✓tY - ✓ti 7'Z u5 A"V O. not to exceed Si1c A1v n V"_D &v o FoA:71' 7 wo pat_ l- � Dollars P i Pr-r C 1.vTS V L • 6'0 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion withinFfl tLTY _P t ✓£- ( 145) consecutive DWS from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, -,and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete g/agree/citywide/surfnet/federalCDBG const 3-07 5 of 43 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 changeswithout 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 Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to g/agree/citywide/surfnet/federalCDBG const 3-07 6 of 43 CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. g/agree/citywide/surfnet/federalCDBG const 3-07 7 of 43 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of iP 1 VE //ywD Q-T-9 Dollars ($ SO O rA) per day for each and every working day's delay in completing the work in excess of the number of working 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 may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. g/agree/citywide/surfnet/federalCDBG const 3-07 8 of 43 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 g/agree/citywide/surfnet/federalCDBG const 3-07 9 of 43 or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. g/agree/citywide/surfnet/fcderalCDBG const 3-07 10 of 43 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, g/agree/citywide/surfnet/federalCDBG const 3-07 11 of 43 and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in g/agree/citywide/surfnet/federalCDBG const 3-07 12 of 43 CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 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. g/agree/citywide/surfnet/federalCDBG const 3-07 13 of 43 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, g/agree/citywide/surfnet/federalCDBG const 3-07 14 of 43 of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted.. 21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. g/agree/citywide/surfnet/federalCDBG const 3-07 15 of 43 The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has 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 g/agree/citywide/surfnet/federa]CDBG const 3-07 16 of 43 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 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. 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. g/agree/citywide/surfnet/federalCDBG const 3-07 17 of 43 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to g/agree/citywide/surfnet/federalCDBG const 3-07 18 of 43 the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TOjj��CONTRACTOR: J� V1O f 4-,2ci The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that g/agree/citywide/surfnet/federalCDBG const 3-07 19 of 43 pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. g/agree/citywide/surfnet/federalCDBG const 3-07 20 of 43 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 Icopies 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. 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. COMPLIANCE WITH APPLICABLE REGULATIONS. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for g/agree/citywide/surfnet/federalCDBG const 3-07 21 of 43 training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this g/agree/citywide/surfnet/federalCDBG const 3-07 22 of 43 Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). 39. MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. g/agree/citywide/surfnet/federalCDBG const 3-07 23 of 43 Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Agreement shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: and (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the g/agree/citywide/surfnet/federalCDBG const 3-07 24 of 43 classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for.fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this Agreement from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the Agreement for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, g/agree/citywide/surfnet/federalCDBG const 3-07 25 of 43 the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided that the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 40. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 41. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this Agreement or any other Federal contract with the g/agree/citywide/surfnet/federalCDBG const 3-07 26 of 43 same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the Agreement. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Agreement, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 42. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to g/agree/citywide/surfnet/federalCDBG const 3-07 27 of 43 comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 43. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 44. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage g/agree/citywide/surfnet/federalCDBG const 3-07 28 of 43 rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions ' of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they g/agree/citywide/swfnet/federalCDBG const 3-07 29 of 43 are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. g/agree/citywide/sur£net/£ederalCDBG const 3-07 30 of 43 45. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215- 0140 and 1215-0017.) g/agree/citywide/surfnet/federalCDBG const 3-07 31 of 43 The CONTRACTOR shall submit weekly for each week in which any Agreement work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Agreement, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(0. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Agreement and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(I) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Agreement during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions g/agree/citywide/surfnet/£ederalCDBG const 3-07 32 of 43 have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Agreement. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. g/agree/citywide/surfnet/federalCDBG const 3-07 33 of 43 46. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 47. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in Section 44 of this Agreement and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Section 44. 48. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal g/agree/citywide/surfnet/federalCDBG const 3-07 34 of 43 Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 49. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 50. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this Agreement. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 51. CERTIFICATION OF ELIGIBILITY. By entering into this Agreement, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. g/agree/citywide/surfnet/federalCDBG const 3-07 35 of 43 No part of this Agreement shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 52. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 53. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. g/agree/citywide/surfnet/federalCDBG const 3-07 36 of 43 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 54. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. g/agree/citywide/surfnet/federalCDBG const 3-07 37 of 43 55. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 56. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection g/agree/citywide/surfnet/federalCDBG const 3-07 38 of 43 Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 57. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 58. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and g/agree/citywide/surfnet/federalCDBG const 3-07 39 of 43 Urban Development and complete any and all reports and forms that may be required in accordance therewith. 59. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Agreement clauses in 29 CFR Part 5.5. 60. CONTRACT TERMINATION: DEBARMENT. A breach of the Agreement clauses in 29 CFR 5.5 may be grounds for termination of the Agreement, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 61. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. g/agree/citywide/surfneUfederalCDBG const 3-07 40 of 43 62. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. A. No CONTRACTOR or subcontractor contracting for any part of the Agreement work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one- half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. B. Violation; Liabili for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (A) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (A) of this paragraph, in the sum of $10 for g/agree/citywide/surfnet/federa]CDBG const 3-07 41 of 43 each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 63. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 64. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/citywide/surfnet/federalCDBG const 3-07 42 of 43 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on s2ax%t 20/0. CONTRACTOR print name ITS: (circle one) Chairma residen ice President CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California D - Direc or o ublic Works By: pnn ame ITS: (circle one) Secreta Chief Financial Officer/Asst. Secretary - Treasurer g/agree/citywide/surfnet/federalCDBG const 3-07 43 of 43 REVI AND APPROVED: ity Administrator APPROVED AS TO FORM: Ci Attorney U T SECTION A. NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF TREE PETITION RESIDIENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, in,,ites 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 PM on April 29, 2010. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications. and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 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 diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, 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'Cod.e, 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. A -I SECTION C PROPOSAL forthe RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 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 Forty Five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for a-tvard, 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 wrill be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not avrarded, the AGENCY %rill 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-t If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof mav, at the AGENCY'S option, be considered null and void. &,(ii "J / L/C) 4 /�'S Accompanying this proposal of bid, fluid in the amount of $ �, 11?1./ 14.10 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any - Addenda Na Date Received B' is Signature i C-2 MSC - 471 Project Bid Schedule gM v;�.. 6, 11 REMOVEtDISPOSE OF PARKWAY TREES 1 AT PER EA 3,400 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL,) 2 AT PER sr 3 4,750 PARKWAY EXCAVATION AT PER SF 11 REMOVEIREPLACE IRRIGATION SYSTEM IN PARKWAY 4 AT PER Lot d d roa� D 0 12 REMOVEIREPLACE WATER METER BOXES 5 AT PER EA 315'd 0;0- V060, 0 800 REMOVEIDISPOSE OF CURB AND GUTTER (CURB RAMPS INCL.) AT 00 15 0� 6 PER LF /- 750 REMOVEIDISPOSE OF ASPHALT CONCRETE (GUTTER SLOT) 6>0 7 AT PER LF 1,200 REMOVEIDISPOSE OF P.C.C. DRIVEWAY AT 2, (ga- 8 PER SF 825 REMOVEIDISPOSE OF EXISTING CROSS GUTTER (CURB INCL.) AT - 0 9 PER SF 800 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 10 AT PER LF 0, Doe). 1,200 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) AT SF 5-00 060- 6�� 11 PER 3,400 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) AT 1-3600 - 12 PER SF �Y, �f 750 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Detail) 0, 13 AT PER LF 3 CONSTRUCT CURB ACCESS RAMP (CURB INCL.) L 0 14 AT PER -5 825 CONSTRUCT CROSS GUTTER (CURB INCL.per Standard Plan 205) AT 0 6 is PER SF Ob 016 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 11 Standard Plan 718) �-o 0 ,2 AT PER Lot 11 PLACE NEW PARKWAY TOP SOIL AND RESEED AT PER Lot b,6 61 17 C-2s ANISC - 471 Project Bid Schedule I wmm- - NO FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 11 Plan 714) AT PER EA 3oo-,Po 33 ob- 18 4,450 COLD PLANE AT PER SF /3,0 — '5 19 -5 100 * 17 . ASPHALT CONCRETE OVERLAY PER TON 40 /0;0 0 20 AT 4 ADJUST WATER VALVES /156 0,:5, Zoo 21 AT PER EA 1 ADJUST MANHOLES : '� 0c, 22 1 AT PER EA Total Amount Bid in Figures: I / 2 5, '� Z "6- 0 Total Amount Bid in Words: co A J r e- A T w C�-N - 4--') u e, 'T L c2 Ls-6 a nd -5,1 h LA, V% & I ea k o 1 -1 J — I w () C-2s J> 0 1 1 C- 14 5 -'r U I J ) C" ji �1' LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 Ni. NCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 1 )'Du al\' l Allql�c) -11 being grst dul • sworn, deposet!nd says that he or she is �h'i -b of I jN the party making the foregoing bid that the bid is not made in the interest of, or an the behalf of, any undisclosed person, partnership; company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price. or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdowin thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bi`d�r Address of Bidder Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC NOTARYSEAL C-4 at �.. �a.,�3.� oa��a,��, za.,.-a..�. o.. �,.- v,��l' ..�';T. �c,�'✓.:�v�vsae.L�cti�4..�. �.r�-�.�v�.�>,:�5�' � T. �c!�S,�._a...sa.Lr� T State of California County of�7p On "t —,� before me, V�& i% , Date - Here Ilisert Name an Title of the tIfficeLl personally appeared �cuva"( 0 M� 6 rs STEPHAM NAM Commission * 1862482 Notary Public- CalM Ma Riverside County, M V Comm. Ex Tres Am 23 2813 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m -hand and official se I. Signature Signature of Notary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .. of thumb here Number of Pages: Signer's Nal ❑ Individual ❑ Corporate Office Title(s): ❑ Partner — ❑ Limite General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: R_IGHTTHUMBPRINT OF SIGNER 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT" HONORABLE MAYOR AND CITY COUNCIL CITY OF HLTNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, knov4An as the RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 471 (1)(we)(it) will employ and utilize only qualified persons, as hereiinafier defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of'experience or instruction, is familiar with the operation to be performed and the hazards involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements; Public 'Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: C-5 �1 Contras o W(__� By Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the followring questionnaire. QUESTION -►IRE 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 governuaent project because of a violation of lave or a safety regulation? 0 Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. c-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provsions befo-re commencing the performance of the work of this contract. T1 �- Contractor By Title Date: 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 v6rill be valid. To obtain a Dig AlertIdentification Number, call Underground Service Alert at 1.-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification JVurnber: T 4 I I � T c, L. le_,_ U--'-'l Title Date: )-06V Note: This forme fs required for every Dig Alert Identification Sumber issued by USA during the course of the Work Additional forms may be obtained from the AGENCY upon request_ C-8 C BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 9-3� �C'1410 S -l-_ / / t-/- 3 5 ( Business Address %) I, I j m Cam- city, State Zip Telephone Number Co �D�033 State Contractor's License It and Class /VlnI IC199 Original Date Issued Expiration Date The work site was inspected by ' of our office on � , 20 I l' The following are persons, firms, and corporations hawing a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of NOTARY PUBLIC , 200_ . NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed` similar work within the past two years: 1. 7 (ik, Name and Address of Public Agency 1 J' Name and Telephone No. of Project Manager: �-- �l/� �'`� a ✓ ' `� i C� t? I C' V M01 1A����k 2. 3. Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work C-10 vate Date Completed Date Completed .�. �. s,C„ �Sti�� �� c�, �33�a3tioa>ti�..sa.�ac.�c�•,�a.a�vs�.✓s�ti .,�a �>ti�Ac�.,.c�S,�zti-�c,Ja,:� �a.��,�..,ca4��s�..�aA ..�ti State of California rnnia County of T"S) OnC) before Date personally appeared STEPHWE NANCI Commission # 1862462 a -,; Wary Public - Ceiitornia z i Riverside County My Comm. Ex ires A 23, 2013 0 of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and official seal. Signatu Place Notary Seal Above Signature of Pub i OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signe ❑ Individual ❑ Ind ❑ Corporate Officer — Title(s): — El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of thumb here Number of Pages: ❑ Corporate Offl — Title(s): ❑ Partner — ❑ Limit e ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): will ensure that 109/oof all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Pict of 1968; or Will hire no new employees in conjunction with J this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. 6 Contractor: r �.�L � e Contact Person: Contact Phone: 11n Signed: tr a Date: �° vi b *Note- The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban. Development Act, as amended in 1992 (HUD). Previous moan -compliance with Section 3 could result in disgualilacation. C-1I City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 q For RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MSC-471 April 19, 2010 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) All bidders are to acknowledge that the new wage determination number CA20100035, issued 04116/2010, shall be used for this project. This is to acknowledge receipt and review of Addendum Number One, dated April 19, 2010. "Z �71 WT)CC 5 -�4m' Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Eric Charlonne at (714) 536-5431. " 7711 2010APR 29, PV, 12' 26 r�,i- rk �C�� "-t io KNOW ALL MEN BY THESE PRESENTS, That we, B&T Works, Inc- as Principal, and Western Insurance Company authorized to transact a general surety business in the State of Nevada bound unto City of Huntington Beach in the full and just sum of Ten Percent of Amount Bid BOND NO. NIA corporation as Surety, are held and firmly called the Obligee) Dollars, ($10% ) for the payment whereof in lawful money of the United States, we bind ourselves,'our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the, said PRINCIPAL has submitted the accompanying bid for Reconstruction of Tree Petition Residential Streets 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, or in the event of the failure of the Principal to enter such Contract, 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 26th day of April 2010 YEAR B&T W s, 1104 Western lnsuran a om an S#e1dy All By: Principal L_ ur Attorney -in -Fact ID-1198 (Bid Bond) (REV. 1101) WESTERN INSURANCE COMPANY POWER OF ATTORNEY 1 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Melody L. Spaur, Karen A. Eby, John A. Ruiz Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19" day of June, 2006. WESTERN INSURANCE COMPANY AN �y p�GON PON,,To (Signed) By A/U- awl SEAL 41a:=President °s tssa l�Tf Of Mfc, (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19"' day of June, 2006, before me personally came DICK L. ROTTMAN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said C 02*, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said L. ] -FMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said SURA COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they ea e sea! of rdf�c ration; that the seal affixed to said Power of Attorney was suchcorporateseal, that it was so affix by o er of the B f the ors of id corporation, and that they signed their names thereto b like order as PRESIDENT . WRETARY r c e of the �1 . My Commission expires the 3i1s�t dt�t'azch, 201�� 0 "� PATRICIA A. LETSON � ed) Notary Pubic, -State of K "6ia A. Letson Notary Public WM,nmmPm aac«aa m w No 0F............... 2010 This Power of Attorney is granted y l�re4t'tdby authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPANkN June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seat of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from,the, Resolution,of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in Pall force =41 effect and has not been revoked. In Testimony he -of-1 Pave hereunto set }}dj����d the seal of the WESTERN INSURANCE COMPANY on this _day of I MTO 4F Secretary SEAL �,, 99� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of On OLPP nrBefore Me Personally Appeared ------------ K. A. EBY COMM. # 1804042 z L NOTARY PUBLIC - CALIFORNiAM RIVERSIDE COUNTY-' My Comm. Expires June 25,20121 oh nothow; Notary Stamp ,a Notary Public Proved to me on the basis of satisfactory evidence To be the person(4whose name(. is / subscribe o the within instrument and ackn ,pl#dged to me that iae she executed the same i :- t her . authorized capacity(iss) and that by his-! elr signature(* on the instrument the person(&), or the entity upon behalf of which the person{s).acted, executed the instrument. I certify under State of Califo WITNESS OPTIONAL TY OF PERJURY under the laws of the it the foregoing paragraph is true and correct. of Notary Publi License Number Expire *//� 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 our Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: []Individual: Corporate Officer - Title(s): Partner - Limited . General Attorney -in -fact Trustee Guardian or conservator Other: Number of Pages Right Thumb Print of Signer 1 Right Thumb Print N Signer is Representing �® CERTIFICATE OF LIABILITY INSURANCE OP ID BMH DATE (MM/DD/YYYY)05/20/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cornerstone Surety & Insurance Temecula NAME: PHONE A/CArc, No): , No, Exf : ( ADDRESS: 43391 Business Park Dr Ste C-6 PRODUCER CUSTOMERIDH: B&TWO-1 Temecula CA 92590 INSURER(S) AFFORDING COVERAGE NAIC q Phone : 9 51- 2 9 6- 6 8 0 0 Fax : 9 51- 2 9 6- 6 8 0 8 INSURED INSURER A: United Specialty 12537 B & T Works, Inc Gio Nanci 23905 Clinton Keith Rd 114-351 Wildomar CA 92595 INSURER B: Redland Insurance Co INSURER C: Granite State Ins Co 13102 INSURERD: Hanover Insurance Company INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDNYYY) LIMITS A 17 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 51 OCCUR X Ded $2500 X FEC61000727 08/15/09 08/15/10 EACH OCCURRENCE -DAIVIAGETUTENTED PREMISES (Ea occurrence) $ 1000000 $ 50000 MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[X] PE� LOC PRODUCTS - COMP/OP AGG $ 2000000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Comp$500 A P ' 88 FO �{/(r( �PROPERTY NRC� j Aft �9/24/09 y ( `f 09/24/10 O COMBINED SINGLE LIMIT (Ea accident) $ 1000000 000000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X DAMAGE111 (Per accident) $ X X $ X $ C UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 584427184 10/14/09 08/15/10 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DEDUCTIBLE RETENTION $ Prod Comp s3,000,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEM OFFICER/MEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below /A WC1290806 07/31/09 07/31/10 JOTH- X TWCSTAORY U- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 -F T_ I-- F DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: MSC 471 - Reconstruction of Tree Petition Residential Streets The City of Huntington Beach, its agents officers and employees are named as additional insured regarding general Liability per attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE HUNTING I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED City of Huntington Beach 2000 Main St Huntinaton Beach CA 9264 1988-2009 ACORCtORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD COMMERCIAL GSM9RAL LIABIL17Y IL-12 61,118 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY, POLICY CHANGES Policy Change Number POLICY NUMBER POLICY C NGES COMPANY ji FEC61000727 EFFECTIr Uniltad Specialty Insurance Company 1 08/15/2009 NAVVIEU INSUREL) PrilTI-1-1 -t, ME MKCIMPR I may Prituary Insurance I,Excess & Ndn-0DnWjbuforir Wording C., 06vorage prcMdOd by this PONqY to the Additional Insureds} shown in the 80edular shag be primary insurance and any other insurance maintained by the Additional In 'shah be excess and non-contributory, but only if reqWred of the Named Insured by an "insured contraor. IMG 400101108 Page I of I Revised 4-26-08 POLICY htt3lt sin FEC610007.27 COMMERCIAL GEN1Tt L LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CFIAN059 THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS -- AUTOMATIC STATUS WHEN REQUIRED Its CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART * A. Section 9 — Who Is An Insured Is amended to Include as an additional insured any person or organtzation for whuen yuu are perfunning upwattons when you and such person or organization ;lave agreed in writing In a contract or agreement that such person or organization be added as an addltianet Insured on your policy. Such person or organization is an additional insured only With respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissitns of those acting on your behalf; in the parformance of your ongoing operations for the additional Insured. A parson's or organizations status as an_additiorml Insured under this endorsement ends when your operations ibr that additional insured are completed. B. With respect to the Insurance afforded to these additional insureds, the followinq additional exclusions apply. This Insurance does not apply to: 4. "Bodily injury", "property damage" or "personal and advartising Injury" arising out of the rendering of, or the failure to render, any protesslional architectural, engineering ar surveying servie:es, IncludhV: a. The preparing, approving, or falling to prepare or approve, maps, shop drawings, options, reports, surveys, field orders, change orders or drawings and specificatlons; or b. Supervisory, Inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, Including materials, parts or equiprnent furnished'in connection with such w©r c, on the project (other than service, maintenance to repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operatlons has been completed; or b. That portion of"your work" out of which theInjury ordamage adeas has basn'put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the some project. *The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers CG 20 33 07 04 0 180 Properties, Inc., 2004 page I of 1 .101-11CY NUMBER.-FEC61000727 COMMERCIAL 011904AL UABILJTY Co 20 37 or od TWS VA100RUMENTZHANM THE PO=. PLEME RUM tr CM911RAII.Y. ADDITIONAL INSUREU- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS '"his onft'!FWment mod!(oit 014utunco.pmVided 1�nft ft'latcwtv. COMMERCIA1 GENERAL LMUTY COVERAGE PART Name Of Addittarml Inmovd P""I"(9) The City of Huntington Beach, its officers, For Cbramemial Work elected or appointed officials, employees, agent and volunteers Sectlain It — Who Is An Ured Is ndad to tickAn as an add at insured the WsWj) ot organiza0m(s) &own In the Schadukh but and with respM to fiabIlty lot 'totally iniury' or "propeny damave' caused, In whole or In wL by 4your wo** at to Watton deal ted and dos04M In We snhadu* oftKA 6POOMOMOW p6riorMad far that additional fKtuirad tV=.Iudod � VW IWUUQcAv- CQ 20 37 07 04 Page I of I CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City') on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims, if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20 (Signature of Declarant) APPROVED AS TO FORM By: s f 1./a -U Name: [Type Name] Title: [Type Title] 2459141 Certification of Compliance with Title VH 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 perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20i, at , California. (Type Contractor Name) By: Name: [Type Name] - Title: [Type Title] A c�RNEY _(L� 3-2K-)-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 California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. _TTF_ ,` i' 7Cs 03- ab - o_�o 247542.1 RECEIVED BY: (Name) (Date) VIP CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HU NTING 0 O!v BEACH INTERDEPARTMElNTAL. COMMUNICATION NICATION TO: Shari Freidenrich, City Treasurer r FROM: �% 4 DATE: 17--hC' SUBJECT: Bond Acceptance 1 have received the bonds for 7— A- t , 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. Approved /;7. -- Aq (Co ncil Approval Date) i �'7n,069 � Agenda Item No. City Clerk Vault No #27 g1followup/bondleftendoc Bond No. CTC00056 Premium: $3,141.00 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated May 18 , 20 0 , entered into a contract with B&T Works, Inc. 23905 Clinton Keith Rd., #114-351, Wildomar, CA 92595 (name and address of Contractor) (hereinafter referred to as "Principar'), for performance of the work described as follows: MS 471 - Reconstruction of Tree Petition Residential Streets (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and Western Insurance Company 43391 Business Park Dr., Ste. C-6, Temecula, CA 92590 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety are held and firmly bound unto City in the penal sum of One Hundred Twenty -Five Thousand Six Hundred Forty -Two Dollars and Fifty Cents Dollars ($125,642.50 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the perfonnance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and 277591.1 PERFORMANCE BOND Page 1 of 2 Bond No. CTC00056 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments -in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 20, 2010 ATTEST B&T Works, Inc. (Corporate Sea]) (Principal Name) By: Name: Title: ATTEST Western Insurance Company (Corporate Seai) (Surety Name) B: Y Name: W10dY p ur, Attorney -in -Fact (Signat re of Attomey-in-Fact for Surety) (Attach Attorney -in -Fact Certificate) (951) 296-6800 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH aYeAnnifer � e 9�DL Mc ath s115%� ity Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 WESTERN INSURANCE COMPANY POWER OF ATTORNEY 330737 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Melody L. Spaur, Karen A. Eby, John A. Ruiz Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19`t' day of June, 2006. WESTERN INSURANCE COMPANY PAAt grzld ? Op�0A1� (Signed) By ?` fQ SEAL President �� e, issa d ATE OF MEN' (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19`h day of June, 2006, before me personally came DICK L. ROT�TyM`�AN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said Cy, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said L. ROTTMAN and CAROL B. tGALLS were respectively the PRESIDENT and the SECRETARY of the said WF,$TE SURAW COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they ea rye seal of td�c ration; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affix d byo er of the B�irectors id corporation, and that they signed their names thereto by like order as PRESIDENT RETARY r c e y, of the y. My Commission expires the 31st dt PRESIDENT 201� ^ �yV PATRICIA A. LETSONed) 44 Public-StateCf Ney�3d r�`J`CiaA. Letson Notary Public _ 1W332- —s , 2 i ....x No C610a4]] ?- Expres 2010 .....................................................: This Power of Attorney is granted t} 1�r�ii'tdby authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAPNN June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said'Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force acid effect and hay not been revoked. In Testimony Whereof, i haw- hereunto set n hand and the seal of the WESTERN INSURANCE COMPANY on this alb day oP _ - _ �. +` F,6F Secretary SEAL « s DWF �j+f 199�:EY'or CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Califorpitil e SS. County of (/4 OnV ! " I Before Me -- - ----- Personally Appeared ,a Notary Public j Nark of Notary Pyyblic n Name(s) of Signer(s) �x Proved to me on the basis of satisfactory evidence To be the personW whose nameWG/.are subscribV to the within instrument and ackn9piledged tome that ..he sh /4hep executed the sam2,.Ri,rls-f er authorized capacity#ea) and that by 'e their signature(&) on the K. A. EBY instrument the person(e}r or the entity upon behalf ` COMM. 1804�42 of which the person(s)-acted, executed the instrument. NOTARY PUBLIC - cmuFORNIA � RIVERSIDECOUNTY I certify under PENALTY OF PERJURY under the laws of the MY Comm. Evires June 25, 2012 State of California that the foregoing paragraph is true and correct. WITNESS my handjnd off 'al s I. a L) Notary Stamp Signature of Notary Pu License Number Expires OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could�Torevent fraudulent removal and reattachment of this form to another document. Description.of Attached Document Title our Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: Individual: []Corporate Officer - Title(s); Partner - Limited []Attomey-in-fact ❑Trustee []Guardian or conservator Other: 133eneral Right Thumb Print of Signer 1 Right Thumb Print of Signer 2 Signer is Representing CALIFORNIA ALL-PACKNOWLEDGMENT :�c�> c ��•.�.'�,�.",-'.e�•--�.':�.-�.':;:���•.'�\,%",-�'.S�S .�•�.'S S� �e.�^�.. gi_--�,'��.-�_'� � � �/.•�.'S;,� ��..^�.'S �,/•�'_Ss;��.-�.'���, ��C!c,�;ag/.-�.'>..--�,'q�.^�,'.,r.•^,'.!��,�•-�.'��5�•-�.`� State of California County of r)- On � 1 Date personally appeared MPHANIE NANCI Commission # 1862402 No+ary Public - Calffornia i a Riverside County fY1y Comm. E ires Aus 23, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m and and official se I. Signature Signature of Notary I. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attkhed Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBP..RINT'' OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: •✓:�✓:l✓:�✓:�✓q✓,5�✓,`✓:`-✓..'✓..✓:�✓,4�`✓,:�.�✓A✓..�✓.:-./i�:�_!: ••✓:"•✓i�'✓..�✓.i�'✓.6`•✓5�✓3�✓ `Yi�6�✓i`✓.�✓��.�'✓.ti:�✓i�✓. �✓ti✓.:�:�✓4v6�'✓. i�'✓_.4vi`✓ Ch 11 1 .• •• 1 1 •1 :/1 Bond No. CTC00056 Premium is included in Performance Bond PAYMENT BON® (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to B&T Works, Inc. 23905 Clinton Keith Rd., #114-351, Wildomar, CA 92595 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: MS 471 - Reconstruction of Tree Petition Residential Streets (project tide) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and Western Insurance Company 43391 Business Park Dr.. Ste. C-6, Temecula. CA 92590 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of One Hundred Twenty -Five Thousand Six Hundred Forty -Two Dollars and Fifty Cents dollars, ($ 125,642.50 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond, otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277S89-1 PAYMENT BOND Page 1 of 2 Bond No. CTC00056 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: May 20, 2010 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach Attorney -in -Fact Certificate) B&T Works, Inc. (Principal Name) By: _ Name: Its: Western Insurance Company (Surety Name) By: Name: o L. au Attorne-in-Fact (Si nature f Attorney -in -Fact for Surety) (951 ) 296-6800 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By' e-t ennifr Mc rath ity Attorney s�15/bb Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in4act must be attached. M589.1 PAYMENT BOND Page 2 of 2 WESTERN INSURANCE COMPANY POWER OF ATTORNEY 330738 KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Melody L. Spaur, Karen A. Eby, John A. Ruiz Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duty attested by the signatures of its President and Secretary, this 19°i day of June, 2006. WESTERN INSURANCE COMPANY RA +`a«Yop,F (Signed) By *I" - SEAL President «Jr 1994 (Signed) By Secretary STATE OF NEVADA) COUNTY OF WASHOE ) On this 19a' day of June, 2006, before me personally came DICK L. B INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said Cc acquainted, who being by me severally duly sworn, said, that they, the said respectively the PRESIDENT and the SECRETARY of the said we c Attorney, executed the foregoing Power of Attoey, that they ea seal of of Attorney was such corporate seal, that it was so affix d byor Net of the BQQ their names thereto by like order as PRESIDENT t�RETARY r di e My Commission expires the 31st da�i arch, 2010 Y� r PATRICIA A. LET Notary Public - State of AprxxMrent ae dO m W 0TTMAN, PRESIDENT of the WESTERN ft, with both of whom I am personally . TTMAN and CAROL B. INGALLS were JRA COMPANY, the corporation described in gidLc ration; that the seal affixed to said Power ftI'li"rectors of ,yid corporation, and that they signed of the piny. n 6( - A. Letson Notary Public r N, 061OM33-2. Expm 4,13?�2 10 ; g r i...................................................... This Power of Attorney is granted 4 dry authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAN44 June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seat shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, _ Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the.ResoluTion of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In testimony W er o I have hereunto set hand and the seal of the WESTERN INSURANCE COMPANY on this 0-0 day of P�+dR.op��e C7r� Secretary SEAL < CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Califo SS. County of On a'� r 6 Before Me -- Personally Appeared ,a Notary Public t Nary6 of Notary Pylbiic Name(s) of Signer(s) Proved to me on the basis of satisfactory evidence To be the person(e) whose nameW(3/ aF& subscribeSLto the within instrument and ackno dged to me that -be sh /*tey executed the sam2in,, ftis-i er)*%"rauthorized capacity#ee) and that by er #ieir signature(e) on the K. A. EBY instrument the person(a}; or the entity upon behalf ' COMM. # 9$04042 of which the person(s�acted, executed the instrument. NOTARY PUBLIC - CALIFORNIA RIVERSIDECOUNTY I certify under PENALTY OF PERJURY under the laws of the ° My Comm. Expires June 25, 2012 State of California that the foregoing paragraph is true and correct. WITNESS my hard a d offi 'ai.s ai. Notary Stamp Signature of Notary Publ` License Number Ex res OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could-.7orevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title our Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: EjIndividual: Corporate officer - Title(s): Partner - MLimited Attorney -in -fact Trustee Guardian or conservator Other: Signer is Representing General Number of Pages Right Thumb Print of Signer 1 Right Thumb Print K ALL-PURPOSECALIFORNIA ACKNOWLEDGMENT State of California County %J ly On ' s2-a —1() before me, Date personally appeared (-y °(X-V,—VU v \c,c. v `-cam Name(s) of Signer(s) STEP1M00"; MAR, con�sSlon 1862482 Y Public - Calvorma RIYerside County MY Comm. Ex Tres A11110 23.2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur Place Notary Seal Above Signature of No 6111fublic 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 A Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual M Number of Pages: ❑ Corporate Officer — Title(s): ❑ Corporate Oqleer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ LI111ited ElGeneral ORE❑ Attorney in Fact jonjs Mmim, ElAttorney in Fact - • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservato ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 4_ 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 C City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK June 21, 2010 B & T Works, Inc. 23905 Clinton Keith Rd., #114-351 Wildomar, CA 92595 Re: Reconstruction of Tree Petition Residential Streets — MSC-471 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for six months. If your performance bond does not include specific wording for a six-month warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, +* tvanL. Flynn, CMClerk JF:pe Enclosures: Copy of Agreement Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) Sister Citi�4olof WRtj&gM\casN��!t� grg6CNew Zealand ( Telephone: 714-536-5227 SC'V Council/Agency Meeting Held:_ b/ -.7--ld)0/0 Deferred/Continued to: �4x� .Approved ❑ Conditionally Approved ❑Denied Cit Cler Signat v Council Meeting Date: June 7, 2010 Department ID Number: PW 10-35 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve project specifications, award and authorize execution of a contract in the amount of $125,642 to B & T Works, Inc. for Residential Tree Petition Streets, MSC 471 Statement of Issue: Bids have been received for the reconstruction of residential tree petition streets, MSC 471. Staff requests authorization to award the contract to B & T Works, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $203,000 are budgeted in Community Development Block Grant Funds. Account 86082019.82300 Edam Street & Sidewalk Improvements (CDBG-R ARRA funds) has $110,000 budgeted. The balance of $93,000 is budgeted in Account 86082020.82300, Huntington Street Improvements (CDBG). The engineer's cost estimate for this project is $201,450 including standard contingency. Recommended Action: Motion to: A) Approve the project specifications; and, B) Accept the lowest responsible bid submitted by B & T Works, Inc. in the amount of $125,642.50; and, C) 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 to proceed differently. Alternative action may result in loss of CDBG funding for this project. -113- Item 60 > Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 6/7/2010 DEPARTMENT ID NUMBER: PW 10-35 Analysis: In June of 2009, Public Works was given the opportunity to apply for American Recovery and Reinvestment Act funds allocated through the Community Development Block Grant (CDBG-R) program. The department was awarded funding to complete the reconstruction of Edam Circle, a street from the Residential Tree Petition list located in the Newland Enhancement Area. The Citizen's Participation Advisory Board (CPAB) approved the allocation of additional funds from undesignated CDBG funds to complete the reconstruction of Huntington Street, a street from the Residential Tree Petition list located in the Garfield Enhancement Area. Staff combined the individual street projects to gain economy of scale. The project includes removal and replacement of concrete sidewalks, driveway approaches, curbs and gutters, and of identified street trees. The asphalt roadway will be resurfaced. The streets are ranked on the lists established by the Tree Petition program. As directed by the City Council in 2007, available funding for Tree Petition streets is allocated as evenly as possible to both the original, chronological list, and to the new list that rates streets by condition. The funding source restricts the project to streets located in a designated CDBG Enhancement Area. The following chart summarizes the affected streets and their rank on the respective lists. Bids were opened publicly on April 29, 2010. Nine bids were received and are listed below in ascending order. 1 bontractor B & T Works, Inc. Bid a 125,642.50 2 Golden State Constructors, Inc. 127,200.50 3 Kormx, Inc. 129,040.00 4 SJ Gri olla Construction Co., Inc 129,225.00 5 H m Engineering, Inc. 134,137.50 6 Nobest, Inc. 156,000.00 7 Elite Companies US, Inc. 156,696.50 8 Palp, Inc. DBA Excel Paving Co. 165,217.50 9 All American Asphalt 209,525.00 The lowest responsible bid was submitted by B & T Works, Inc. Staff has checked references and received favorable responses from past clients. Staff recommends that the City Council accept the bid from B & T Works, Inc. as the lowest responsive and responsible bidder. 6$ern 6. - Page 2 -114- REQUEST FOR COUNCIL ACTION MEETING ®ATE: 6/7/2010 DEPARTMENT I® NUMBER: PW 10-35 Public Works Commission Action: This project was reviewed by the Public Works Commission on February 17, 2010 and unanimously approved. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301(c). Strategic Plan Goal: Maintain, improve and obtain funding for infrastructure and equipment Attachment(s): -115- Item 6. - Page 3 ATTACHMENT #1 Item 6. a Page 4 -116- r ..._ ,.hA :.. , Warner Ave. 17pW aDn- T00 17 7021 Major CAr. 1703- 170 i70T 764 1704 170S 1 Y ITO$ rn apt 17m Q , 1706 m YTOT flpD 170 1 'MT F70D n - t�� 1709 1 17p91 S 17t tnt r-- 17101 �l — Blaylock Dr. t71M 17131 171.1 J J Its, 1D � p c Marseille Dr. t0 C 171= tTi7? 1718, — iy -g d W 17;p4 17/9, p i5 g i3 ' > :T7t1 Y 47T 7t16 U al}+ — (U =, m 172-2 (8481 HOLLAND) Doat t72a, mp+ zaz 1Tza¢ °I e e $ � 4T1% 186 SHP. CNTR. t73LT Guilders Dr. iti it iI ii i X 3-- Amsterdam Dr. s 1141 16 C t7661 D3a yfi 17071 J 0 17071 �j 6lal t7Dbt �f. 170D1 1 � a362 �J } 17ppi _ �10t tT, D1 � - fTt ii G J (—'I f —, Valencia Dr. g 8 3 S Friesland Dr. Holland Dr. LAKE VIEW SCHOOL C tT,1DT 17591 1T3b0 ,7191 17]92 ti]pt 1 ,Typa (17451 ZEIDER) 17LfII tT10f � t]4Q3 ,140t � 1710? tTLO, � tTL02 17LZt 17a3t ,S` 174� 174Y .i 17aY1 -17L71 � 174?2 fT4Sf Slater Ave. a 00 as a s as a• a ®a "Sao ® a as a Item 6. a Page 6 -118- 7512 ,soD1 7514 19051 19071 19081 7511 1 7601 1 76011 7601 1 19002 � HUNTINGTON MOBILE ESTAES L"St. 7652 7652 GARFIELD Pero9. 19112 Ti .A St 19132 19131 19222 1 19221 Garfield Ave. 7 Q 7661 !f, sza0 0 h L"i "1.am 19248 E �° 19r45 r_ ,9232 Clay Ave. 2820 1 312 1 324T 2810 3011 Mma M Cleveland Dr. I&2 I - I I ®� 2623 2676 252D 2516 aso 2510 0� 2502 n 2721 272i `o FV ;c� 2s1a 606� 615 C IVC Terrac tr. J T720 $ 271 a 2714 271 601 7710 Jana Cfr_ 270 2706 60 m 2703 270 .4+ 270 2618 26 226 4 2619 i� 2620 2619 2620 2617 2614 2613 2618 2615 1812 2609 2606 26,1 2608 26N 2646 214 2605 2525 t1 2520 2519 W 2522 2521 2517 2518 2515 2518 2517 2516 2511 261 2509 2512 2511 417 25D6 2 2507 2502 2501 2502 2501 Yorktown Ave. 0 0 0 00 0 0 0® 0 0 000 0 00 0 00 000 0 0 00 0 704 r812 2906 � 2802 .._._. Owen Ave. 27z2 2Ti8 � n n 1a 2706 r w 2706 � Williams Ave. -119- Item 6e - Page 7 ,6 A) S -/- - e:i 7 0, 4j nor � L-::-2: � - f - �) / Tj 0 oj BID, DATE: TEM Engineer's Estimate: 7-S BLO LIST BLDDER-W-NAiME -RANK TOTAL BLD "QUIVT /4—tlf A_2!j Ou I 3. ��T�` � 1�...--ems _ _ $ �.�� C� �� � 4-L C-,k)6/ Al(-, Z,341, /-i $ o �00,6&_S7_ 000 9. � � ���-its° $ 10. 12. 13. 14. 00 -Z l4d 6� 8r]v BIOZ I I NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 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 PM on April 29, 2010. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 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 diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, 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 A 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. The Engineers estimate for this project is $ 175,175 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 8th day of September 2009, by Resolution No. 2009-50. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH J10 I B CITY OF HLTNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan Flynn To: Citv Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: April 5, 2010 Project/C.C. MSC 471 Regarding: Reconstruction of Tree Petition Residential Streets ® We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ❑ We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies Pages I Description 1 1 2 Notice Inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: The Reconstruction of Tree Petition Residential Streets; MSC 471 is ready to be advertised. Please find attached the Notice Inviting Sealed Bids for advertisement on 4/8, 4/15, and 4/22. The bid opening is scheduled for 4/29/2010 @ 2:00 PM. Please contact me at extension 1732 with any questions you may have. c: file By: ereck Livermore, Street Supervisor GAN AINTENANCE DIVISION\CITY YARD\MSC FiLEs\MSC PROTECTS\400's\MSC 471 CDBG R EDAM CIR\NISB TRANSMrrAL To CLERK MSC 471.DOC Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24. 1994, case A50479. STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): April 8, 15, 22, 2010 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 22, 2010 at Costa Mesa, California Sign re NOTICE INVITING SEALED BIDS for the RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY; invites sealed bids forthe above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Hunting- ton Beach, California 92648, up to the hour of 2:00 PM on April 29, 2010. 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, 20GO Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, of payment of a $35.00 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 Laboe Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed 'to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the. Office of the Director- of Public Works; 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will iricor- porate, the provisions of the. Federal Labor Standards, 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, provi- sions 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 r'esponse 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 bidden shall be licensed in accordance with provisions` of the Business and Professions Code'and shall possess a State Contractor's License Class A 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. The Engineers estimate for this project is $ 175,175;.`'1 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, 'CALIFORNIA, the 8th day of September 2009, by Resolution No. 2009-50. Attest: I /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent April 8, 15, 22, 2010 042-537 Unsuccessful Bids MSC-471 Deconstruction ofTree Petition Residential Streets City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK June 25, 2010 All American Asphalt P. O. Box 2229 Corona, CA 92878-2229 RE: MSC-471 Reconstruction of Tree Petition Residential Streets Enclosed please find your original bid bond for MSC-471. Sincerely, I � 01 V-494c) Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Citi?li II ckR&Mt retVg�tlDbYrci. 0j,�ew Zealand ( Telephone: 714-536-5227 ) RIT% -7 2010 APR 29 Pal 1 53 ALL AMERICAN ASPHALT P.O. BOX 2229 CORONA, CA 92878-2229 SECTION C PROPOSAL for the RECONSTRUCTION OF TREE PETITION RESIDENTIAL. STREETS MAINTENANCE SERVICE CONTRACT # 471 in the CITE' 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 Forty Five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ') 6,Ajejer 5ov J It in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bi der' i nature be✓f'P�rad1ey�l�ce reSi d MSC - 471 Project Bid Schedule ITEM APPROXIMATE '�UNIIT4� 1 k . ... .. T1TY" EMW1T P IS D PRICElY 'JOT A .ITEM REMOVE/DISPOSE OF PARKWAY TREES 11 AT PER EA i [Doto "112 Isr v REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 3,400 AT-k"o A&ars PER SF olo PARKWAY EXCAVATION 3 4,750 AT-'�-� g fwL4C PER SF Z yb REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 11 AT Atvl CkU�\G,"� PER Lot REMOVE/REPLACE WATER METER BOXES 5 12 k,,)e PER EA 800 REMOVE/DISPOSE OF CURB AND GUTTER (CURB RAMPS INCL.) y,() L4 �)w 6 ATV,,,�e, kok\c�,rs A �DA'J - PER LF REMOVE/DISPOSE OF ASPHALT CONCRETE (GUTTER SLOT) 7 750 C -m- �S - PER LF L41OS-0 REMOVE/DISPOSE OF P.C.C. DRIVEWAY 1,200 t),;kot�ac-�, PER SF REMOVE/DISPOSE OF EXISTING CROSS GUTTER (CURB INCL.) 9 825 C-, PER SIF -A- CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 10 800 4n�,afs A 1 D-efM, � PER LF U DO CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 11 1,200 AT---�, PER SF I C),- CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 12 3,400 AT `ewe 6Aars 4 PER SF CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Detail) 13 750 AT' ,fie &k\A,, * khLC. "A-, - PER LF , 1 Z5 CONSTRUCT CURB ACCESS RAMP (CURB INCL.) 14 3 AT - �, i �, , �,, 1 0 �q, P E R EA CONSTRUCT CROSS GUTTER (CURB INCL.per Standard Plan 205) 15 825 LT �-- �" I \ �,— - ��- PER SF - FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 11 Standard Plan 718) 16 AT CVp �\,AATp - PER Lot -cA PLACE NEW PARKWAY TOP SOIL AND RESEED 17 11 AT PER Lot C-2s MSC o 471 Project Bad Schedule 1TEM'APPRQXIMATE"-`.,q.. h N0 QUANTITY a" =1TEMWITH.UNIT„PRICES WRITTEN IN WOR, S PRICE" TOTAL; FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 11 Plan 714) 18 AT vrPe �4ycA - P dnl PER EA 3i0 •� 4,450 COLD PLANE AT"�hvee � (�wo �ec�\S PER SF 3tS l�ljOl-1. D 19 cA4ays .1 T ASPHALT CONCRETE OVERLAY 20 100 AT �c ' er o1o1\ar PER TON 1Y-i — 1U� ADJUST WATER VALVES 21 4 AT 'k e N"f'' PER EA S2S.— 'Z,160 ADJUST MANHOLES 22 1 AT r e , o o PER EA I�OCu Total Amount Bid in Figures: I Total Amount Bid in Words: , \ e :, ,e yqxorAve2a-oie u\ 0s) CmA'S - C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class ree � Tree � Jer j l C C �)rG In A �QS L4SD Lo By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County ofge Rohr+ 4raAlto cl , being first duly sworn, deposes and says that he or- -8-he is V 1 Ce 602Si c,/1+ of ; 11,00 PX-10`1Ithe party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Vame of Bidder Signature of Bidder Subscribed and sworn to before me this day of 20 _ . NOTARY PUBLIC NOTARY SEAL * 5 ee PA+a6AOd kJOV jq l jWaA--4v� C V �Mv-, CALIFORNIA JURAT State of California County of Riverside Subscribed and sworn to ( before me on this 27th day of April, 2010, Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) DEBBIE A. MATSEN (and Commission # 1775685 Notary Public -California z (2) Z ° Riverside County MVComm E)pkesNcv22,2011 Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature ia- tp .4 a. mo'o , Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Noncollusion Affidavit City of Huntington Beach Document Date: April 27, 2010 Number of Pages: 1 Signer(s) Other Than Named Above: None 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 RECONSTRUCTION OF TREE PETITION RESIDENTIAL, STREETS, MAINTENANCE SERVICE CONTRACT # 471 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. G��r.: �..• G ..�VM Contractor I V i Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder.shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes ,X No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 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. B)N amelci can Contractor Roar+ br&A\e Y Vice, Pr►�5►dan.-r Title . C #. MW-.VAI N1 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800- 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor VIae &rCe2i A&�+ Title Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: & ArnPvimCV-1 1-1- Bidder Name Rod -eypy aaaci Business Address Lamm PA 99,5-6- ►aal City, State Zip ( OM ) -�3�6-- A)n Telephone Number State Contractor's License No. and Class `- ►g-`7 I Original Date Issued 1-�2i-anla Expiration Date The work site was inspected r� by . of our office on (.;nr� ,j I�3 , 201D ro3nc+ Ma.vwgle✓ The following are persons, firms, and corporations having a principal interest in this proposal: 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. All Ana�wi nav\ 18- a�1 al:t Company Name Subscribed and sworn to before me this _ day of , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 5ee F1�Une�- �cpajes. 1. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed CALIFORNIA JURAT State of California County of Riverside Subscribed and sworn to () before me on this 27th day of April, 2010, Date Month By (1) Robert Bradley Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me �DEBBIE A. MATSEN (and aoCommission# 1775685Notary Public - California Z zRiverside County (2) WComm.Exp WNov22,2011 Name of Signer qrVarlumvewK Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature Aa -I I x, gg, 0 . Place Notary Seal Above Signatd're of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Bidder's Information, City of Huntington Beach Document Date: April 27, 2010 Number of Pages: 2 Signer(s) Other Than Named Above: None "2008" PAST WORK REFERENCES City of Irvine One Civic Center Plaza P.O. Box 19575 Irvine, CA 92606-5268 Contract: Kal Lambaz, (949) 724-7555 City of Anaheim 200 South Anaheim Blvd. Anaheim, CA 92805 Contact: Sean Razmy, (714) 765-5069 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Contact: Andy Tran, (949) 644-3315 University Drive Rehabilitation Contract Amount: $3,445,289.40 Start: 1/2008 Completed: 6/2008 Anaheim Blvd. Improvements Contract Amount: $278,391.00 Start: 4/2008 Completed: 6/2008 Superior Avenue Improvements Contract Amount: $862,862.00 Start: 1 /2008 Completed: 6/2008 City of Westminster Citywide Street Improvements 8200 Westminster Blvd. Contract Amount: $1,118,383.00 Westminster, CA 92683 Start: 3/2008 Contact: Theresa Tran, (714) 898-3311 Ext. 282 Completed: 7/2008 City of Lake Forest 25550 Commercentre Drive, Suite 100 Lake Forest, CA 92630 Contact: Luis Estevez, (949) 461-3485 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Ed Torres, (714) 647-5018 Street Resurfacing & Slurry Seal Contract Amount: $1,638,523.00 Start: 2/2008 Completed: 4/2008 Santa Clara Avenue Improvements Contract Amount: $2,219,523.00 Start: 11/2007 Completed: 3/2008 "2009" PAST WORK REFERENCES City of Costa Mesa 77 Fair Drive P.O. Box 1200 Costa Mesa, CA 92628-1200 Contact: Tom Banks, (714) 536-5431 City of Dana Point 33282 Golden Lantern Dana Point, CA 92628 Contact: Archie Rempher, (949) 248-3500 City of Beverly Hills 345 Foothill Road Beverly Hills, CA 90210 Contact: Juan Martinez, (310) 285-2521 County of San Bernardino 825 East Third Street San Bernardino, CA 92415-0835 Contact: Sri Srirajan, (909)387-7935 City of Redondo Beach 415 Diamond Street Redondo Beach, CA 90277 Contact: Javier Urista, (310) 318-0661 City of Westlake Village 31200 Oak Crest Drive Westlake Village, CA 91361 Contact: Roxanne Hughes, (805) 653-6597 Department of Transportation 12975 Culver Blvd. Los Angeles, CA 90066 Contact: Sixto Ramin, (213) 216-4406 City of Rialto 150 South Palm Avenue Rialto, CA 92376 Contact: Eddie Chan, (909) 820-2651 Prop 1 B Street Maintenance Contract Amount: $993,993.00 Start: 7/2009 On -going — not completed yet Annual Roadway Resurfacing Project Contract Amount: $3,982,982.00 Start: 4/2009 On -going — not completed yet 2008-09 Street Resurfacing Contract Amount: $4,085,000.00 Start: 1/2009 Completed: 8/2009 Arrow Route Contract Amount: $1,980,000.00 Start: 2/2009 Completed: 7/2009 Public Improvement Package Contract Amount: $1,678,000.00 Start: 1 /2009 Completed: 9/2009 Joint Cities Pavement Rehab. Project Contract Amount: $1,242,241.11 Start: 6/2009 Completed: 9/2009 Route 27, Contract No. 07-2Y4904 Contract Amount: $915,511.00 Start: 6/2009 Completed: 9/2009 Route 210 Detour Contract Amount: $1,983,548.00 Start: 6/2009 Completed: 9/2009 BIDDER'S CER'TIFICA'TION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. • • , 10 t!i b lH Contact Phon( Signed: Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. iL a City of Huntington Beech Department of Public Works FA)C - Cover Sheet To: Alyssa Sohl Company: All American Asphalt Phone: (951) 736-7600 x2034 Fax: (951) 739-4671 From: Eric Charlonne Company: City of Huntington Beach Phone: (714) 334-8388 Fax: (714) 374-1573 Date: April 19, 2010 Pages including this cover page: 2 Re: MSC-471 Addendum Number One City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MSC-471 April 19, 2010 Notice To All Bidders_ Please note the following clarification to the Project Plans, Specifications, and Special Provisions; 1) All kidders are to acknowledge that the new wage determination number CA20100035, issued 0411612010, shall be used for this project. This Is to acknowledge receipt and review of Addendum Number One, dated April 19, 2010, All P�MAci � c61A _�dn�l�- Company Name ftori)i o , a,®1 v, - - Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Eric Charlonne at (714) 536-5431. ®D Fidelity and Deposit Company ®f Maryland Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO.085 97 423 , as Principal, (hereinafter called the "Principal'), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto City of Huntington Beach as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN ------- Dollars ($ 10% OF TOTAL BID PRICE ),for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction of Tree Petition Residential Streets Maintenance Service Contract #471 Bid Date: April 29, 2010 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd Witness day of April A D 2010 ALL AMERICAN ASPHALT (SEAL) P ' at eggrfCyd (•(� Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety ByA., (SEAL) Barbara J. Bender Witness Rebecca Haas -Bates Attorney-in-F'acl 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 conform exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ070If CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 4-22-10 before me, Barbara J. Bender, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(-&) is/are subscribed to the within instrument and acknowledged to me that ,he/sheMey executed the same in fris/herAhek authorized capacity(ies), and that by l4is/herAAe4 signature(-&} on the instrument the person(-&}, or the entity upon behalf of oll .-- _ _ A which the person(s} acted, executed the instrument. BMARA J. BENDER Commission # 1801899 1 certify under PENALTY OF PERJURY under the laws Notary Public - California Z of the State of California that the foregoing paragraph is Z ' Orange County true and correct. My Comm. Expires Jul 13, 2012 WITNESS my andOfficial seal' Signature Place Notary Seal Above na re of N 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 Document Date: 4-22-10 Signer(s) Other Than Named Above: All American Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Individual Corporate Officer—Title(s): Partner — F� Limited El General El Attorney in Fact J Trustee Top of thumb here L Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Number of Pages: One Signer's Name: El Individual ❑ Corporate Officer — Title(s): — Partner — 0 Limited ❑ General Attorney in Fact Ej Trustee Guardian or Conservator Other: Signer is Representing: Top of thumb here 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On April 27, 2010 before me, Debbie A. Matsen, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name(M of Signer who proved to me on the basis of satisfactory evidence to be the person($) whose name() is/are subscribed to the within instrument and acknowledged to me that he/aheM ey executed the same in DEBBIE A. NIATSEN his; ;efAhei authorized capacity(, and that by hisAieN#heir Commission # 1775685 signature(g) on the instrument the personal, or the entity upon behalf z Notary Public - California of which the person(,s') acted, executed the instrument. z Riverside County MyCofrvn.Elo sNov22,21)11 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature 41d1 ,t pl d,I o Q - Place Notary Seal Above —Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond, City of Huntington Beach Document Date: April 22, 2010 Number of Pages: 1 Page Signer(,$) Other Than Named Above: Fidelity and Deposit Company of Mares Capacity0ee) Claimed by Signer() Signer's Name: Robert Bradley ❑ Individual A Corporate Officer — Title(y): Vice President ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other Signer is Representing: _ All American Asphalt Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Ponder 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 GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS-BATES an ff Irvine, California, EACH its true and lawful agent and Attorney -in -Fact, to mak e ' p behalf as surety, and as its act and deed: any and all bonds and undert o ec or undertakings in pursuance of these presents, shall be as binding upon 1 d ► I ents and purposes, as if they had been duly executed and acknowled y ele ompany at its office in Baltimore, Md., in their own proper persons er in e on behalf of William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHA and ed April 8, 2008. The said Assistants eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of September, A.D. 2009. ATTEST: 'ot DfPflS�t .J Wars � W � State of Maryland ss. City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Gregory E. Murray Assistant Secretary > / 3 By: William J. Mills Vice President On this 25th day of September, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski Notary Public My Commission Expires: July 8, 2011 POA-F 012-0033 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC June 25, 2010 PALP, Inc. dba Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 RE: MSC-471 Reconstruction of Tree Petition Residential Streets Enclosed please find your original bid bond for MSC-471. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe enclosure Sister Citiq-�fofi */c6�trt/ret�i66�w-cocNew Zealand (Telephone: 714-536-5227 ) 'ALP, INC. DBA EXCEL PAVING COMPANY 2230 LEMON AVENUE LOi',v,u' BEACH, CA 90806 2910 APR 29 Fl�sl 1: 54 WJ 1T 1 G (" OW � , S�'� 81 DATE 4-1 T 4 AAA4*- L.V !Z ac Tupr am hd&Q A (A9 2. Co 48 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MSC-471 April 19, 2010 Notice To All Bidders; Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) All bidders are to acknowledge that the new wage determination number CA20100035, Issued 0411612010, shall be used for this project. This Is to acknowledge receipt and review of Addendum Number One, dated April 19, 2010. "tUil:1141V QM 1 f ONE SL PV'1) n!Ht G COMPAW J �_ -/ - — Company Name By _ C. P. BROWN, PRESIDENT Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Eric Charlonne at (714) 536-5431, SECTION C PROPOSAL, for the RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 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 Forty Five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find mkws &0 in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature e -10 r -. .P. BROWN 'RESIDENT MSC ® 471 Project Bid Schedule " xv rs PREIC , REMOVE/DISPOSE OF PARKWAY TREES 1 11 ATC2h,:q,016W 6VkLj4fJ Jok6,5 Id?:IER EA k UOD, 3,400 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURRAMPS INCL.) 2 AT -2�QMh_ PER SF 2 4,750 PARKWAY EXCAVATION JAy7V�_ 3 AT AjAtgAt, UMA47 PER SF REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 11 AT VVU A-kahhj )Vj_ 6hJ&JUkvv1,,u4 Lot I 0D REMOVE/REPLACE WATER METER BOXES 5 12 AT 6 W,� W6 f- Oql,tD PER EA C2 800 RENAQVE/DISPOSE OF,CURB AND GUTTER (CURB RAMPS INCL.) 6 AT IKAsm� 1 '11,00 PER LF REMOVE/DISPOSE OF ASPHALT CqNCRETE (GUTTER SLOT) 7 750 AT 0"/100 PER LF 2-2-r REMOVE/DISPOSI 0 P.C.G. D"�EWAY l(� 8 1,200 CV .0 PER SF AT Tki( t a a REMOVE/DISPOSE OFEXISTING CROSS GUTTER (CURB INCL.) 9 825 AT of 1. i90 I I Do PER SF CONSTRUCT P.C.C. CURBA UTTER (per Standard Plan 202) 10 800 AT -Tk'l i�� A"ORL's, 1, t70 tot) - PER LF 1,200 CONS JRUCTIP.C.C. DRIVEWAY (per Standard Plan 209) oqloo 11 AT 4', PER SF 3,400 CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 12 AT 11qt &Utt� AA, A 1AM PER SF CONSTRUCT ASPHALT 9ONCRTE GUTTER SLOT per Detail) 13 750 AT AA1tLV>L "ILOC) PER LF 3 CO N,9 T ACCESS RAMP (CURB INCL. RUCT CURB A 14 [uvloc AT Nwo o"-jAvsE EA 240 -3 2,ocr— CONSTRUCT CROSS GUTTER (CURB INCL.per Standard Plan 205) 15 825 AT J,�,kNA_ ko\kI6 -t PER SF -1 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 11 Standard Plan 718) P 0,110 6 16 AT R Lot 11 'EED , PLACE NFW PARKWAY TOP SOIL ANQ RE 4L -Z;,, --r, 0 -7 17 AT kvW�,V4,A L�J^,A -C PER Lot C-2s MSC m 471 Project Bud Schedule ITEAA ° APPROXIMATE Yx Y 25t:, � UNIT. 'Y. NO -:. QUi4CNTl, n ,, rIT WITH UNIT.PRICE}a , RITTE PR4CE ,.TOT�►L: <<. FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 18 11 Plan 714) AT uY y(,L ° ER EA COLD PLANE 19 4,450 AT 5 PER SF •yob V2--�b' — 1 T ASPHALT CONCRE E OVERLAY 20 100 AT PER TON �•-- — 4 ADJUST WATER VALVES e 21 AT UV ER EA 4 10 , �!�✓."_ ADJUST MANHOLES 22 1 AT oU PER EA ��Q' ' C(� Total Amount Bid in Figures: -50 Total Amount Bid in Words: P S •vt C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor` State License Number Class SS- -7 b WU� `� 5�.� �Zq>l 6uio�� LOW b D f, U- bK 4vc vim, I q P (2 W C�4(' qwasc) DLO �� �L. vv�►S �. �, °! L PI-5t 1 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange °Po being first duly swodep rnco�sesand says that he or .'Shf is PRE80W of rf?vm PAug€m. rmmapaw the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. P u CZDA XCF8 1%nFii.manne uu vnu u Name of Bidder �P. l e I � G.P. BROWN Signature of Bidder PRESIDENT 2230 LEMON AVENUE LONG BEACH, CA 90806 Address of Bidder Subscribed and sworn to before me this day off} 2 701119 , 20 NOTARY SEAL C. PHILLIPs . COMM. #1$09758 M Notory public -California LOS RNCEL55 COUNTY iL MgComm, PVAiAuP,, 16,261 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 RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 471 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By Title (ERR 2 'UA 7010 Date: DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes R(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 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. Contractor c 'K'U� l. I By GA BROWN, PRESIOENT Title Date: APR 2 9 7010 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: F I;?He`]�".'81A Contractor By Title Date: APR, 2' 7010 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 'PALF, It gC. i)SA EXCEL PAVING COMPAW 2230 LEMON AVENUE LG,,' a BEACH, CA 90806 Business Address City, State Zip ) (562) 599-5841 Telephone Number SI-ATE WC, 688659 W State Contractor's License No. and Class F) ov Gig Original Date Issued 5 Expiration Date The work site was inspected by bulL M of our office on 20 The following are persons, firms, and corporations having a principal interest in this proposal: Curtis p BMW President an ie xecutive Officer --CorasT,BF&M-111 Virg President and Chief Operating Officer Bruce E. E. Flatt Vice President and COfficer Chief Financial Marda S. Miller Secretary 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. �"- � �� ����Ao�� �G e.;G r:sl`. c /f`S6 BY7t I �7M � MY Company Name Signature of Bidder Cep', OR010N, PRES DENT Printed or Typed Signature Subscribed and sworn to before me this day of APR 2 9 7010 NOTARY PUBLIC " C. PHILLIPS Y COMM. #1809758 n 2�0_ Notary Public -California LOS ANGELES COUNTY u. IVYCbttliri Wig Aug; 16, 20'i2 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. F',AUi NCLOA Contractor: MR KM g,,G �CMAPAW �i Contact Person: 10 Ql ._ Contact Phone: Signed: �2�L,r�--�' k1l.P. BROWN, PRESIDENT Date: APR 2 9 2010 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles On APR 2 210 before me, C. PHILLIPS, NOTARY PUBLIC (hero inset name and title of the offIcet) personally appeared PALP DBA EXCEL PAVING COMPANY BY C.P. BROWN, PRESIDENT who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heM"6yexecuted the same in hisA*YAWauthorized capacity(ies), and that by hisAwrAhok signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C. PHILLIPS •�; COMM. #1809758 Notary Public- alifornia WITNE my h and official seal. LOS ANGELES COUNTY a My Comm, Expires Aug, 16, 2012 I( Sign of otary Public (Notes Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (1'itic) ❑ Partner(s) Cl Attorney -in -Fact C] TrtlStee(S) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM My acknowledgment completed in California must contain verbiage exactly as appears above in the notary, section or a separate acknowledgment farm must be property completed and attached to that document. The only exception is ff a document it to be recorded outside of Califoriva. In such instances, any alternative acknow/edgmew verbiage as may be printed on such a document so' long to the verbiage does rat require the notary to do something rear it illegal for a notary in California (i.e. centWng the authorised capacity of the signer). Please check (he document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then you title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/Ntey;- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording.- • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines, if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of dv notary public must match the signature on file with the office of the county cleric. Additional information is not required but could help to ensure this acknov,le4ment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by file signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Securely attach this document to the signed document 2008 Version CAhA v 12.10 07 800-873-9865 www.NotaryClasses com LL PAVING IG COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A P.O. BOX 164W LONG BEACH, CA 90806.519� (562) 599-5841 FAX (562) 591-748! C. P. Brown, President: 30+ years experience working for other general contractors with the past 24 years being self employed in own general engineering contracting business. PAVINGNCII GENERAL rr ,�,a,. CONYVACTCM LICENSESTATE • DESCRIPTION OF OPERATIONS P.O. BOX 16405 TANG BEACH, CA 90806-5195 (5w 699-SMI FAX (562)) 591-7486 Excel Paving Company Is a general engineering and paving contractor that has been In business for the past 25+ years. The company is a corporation owned by C.P. Brown, Jr. Their operations include street and road construction, widening, and repairs; related sidewalk, curb and gutter construction; paving of school yards and parking lots; pipe work; and excavation and grading of "pads" for building sites. On approximately 80% of their jobs the company will operate as a general contractor, responsible for all off -site improvements, grading, removal, etc., but will subcontract any work which Is not specifically within their domain. Occasionally the company will perform work at airports. They may also occasionally perform work in the "THUMS " area of Long Beach Harbor, requiring them to transport their equipment and personnel by barge to these islands, approximately'/s mile from the harbor. The company estimates 2008 2007 gross revenues of $85 Million, $60 Million of which Is subcontractor and material costs. All work Is performed In Southern California, with most in Los Angeles and Orange County. A great deal of work is done for public entities, repalringhbidening existing surface streets and roads (75% public entities and 25% private entitles); concrete, landscaping, electrical, cold milling, highway, bridge, or overpass work is subcontractod out to other firms. Excel Paving Company also repairs a great number of school yards and Parking lots (30%) and usually has a small amount of ongoing work at the Los Angeles, Burbank, and Long Beach airports. INCUMBENCY AND SIGNATURE CERTIFICATE OF PALP, INC. The undersigned, Marcia S. Miller, being the duly elected and Incumbent Secretary of Palp, Inc., dba Excel Paving Company, a California corporation (the "Corporation"), hereby certifies that the persons named below are, on and as date hereof, the duly qualified, elected and acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorized to sign, in the name of and on behalf of the Corporation. Curtis P. Drown President and Chief Executive Officer Curtis P. Brown III Vice President and Chief Operating Officer Bruce E. Flatt Vice President and Chief Financial Officer George R. McRae Vice President Marcia S. Miller Secretary Michele E. Drakulich Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: January 27, 2010 PALP, INC. DBA EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Telephone: 562/599-5841 Fax: 562/599-3679 Type of Business: General Engineering Contractors Contractors License # 688659A Fed I.D. # 95-3672914 Excel Paving Company is a Corporation Owner: Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 In business since October 1981 Same location since October 1981 Property Owned by Brown & Mills Financial rating with Dun & Bradstreet: Rating 3A2, SIC40161 U.S. Bank: Account Representative: Phone #: Fax #: Account #: TRADE REFERENCES: 4100 Newport Pl. #130 Newport Beach, CA 92660 Robin Woods 949/863-2462 949/863-2336 153491958689 Company Phone Vulcan Materials 626/334-4913 R.E.H. Trucking 909/591-0871 Blue Diamond Materials 714/578-9600 Savala Equipment 800/223-2473 P.O. BOX 164C LONG BEACH. CA '90806-519 (562) 599-584 FAX (56a) 591-748 Fax Contact 626/334-4161 Bill Watt 909/591-0506 Gina Mendiola 714/449-2295 Rich Shoan 949/552-8597 Yoganda Ellis I certify that the above information is true and correct, and that we can and will comply with your terms. C.P. Brown - President Bonding Agent: Rapp Surety Services 23481 South Pointe Drive Suite 345 Laguna Hills CA 92653 Office: (949) 457-1080 Fax. (949) 457-1070 Contact: Douglas A. Rapp Surety: Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23`d Floor Los Angeles CA 90017 P.O. Box 30127 Los Angeles CA 90030-0127 insurance Carrier: The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact: William Wooditch Office: (949) 553-9800 Fax: (949) 553-0670 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECTNAME: Jefferson Blvd. Widenin PROJECT DESCRIPTION: Street widening, Infrastructure reconstruction, Street lighting, traffic signals, landscape & irrigation, Storm drain impvts, and LOCATION: Jefferson Blvd., Playa Vista, Los Angeles sewer. CONSTRUCTION VALUE: 6,306,687,00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE. - FINAL SUBCONTRACTOR: ARCHITECT: KATZ, OKITSU & ASSOC. PSOMAS GENERAL CONTRACTOR INFORMATION. - NAME: Excel Paving Company CONTACT: David Cook TELEPHONE: 562) 599-5841 Ext. 239 OWNER INFORMATION: NAME: Playa Capitol Company, LLC CONTACT: Mr. Lary Chambers TELEPHONE: 310)448-4705 or 310)345-7856 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Slauson Ave/ SR-90 Impvts. PROJECT DESCRIPTION: On ramp & off ramp widening on SR90, Traffic Mitigation added left turn on Slauson Signalization & Signing & Storm Drain Impvts. LOCATION: Slauson Ave @ SR90 Culver City, Los Angeles CONSTRUCTION VALUE: 2. 136 269 00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: KATZ, OKITSU & ASSOC PSOMAS GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: David Cook TELEPHONE: 562)599-5841 Ext. 239 OWNER INFORMATION: NAME: Playa Capitol Company LLC CONTACT: Mr. Lary Chambers TELEPHONE: 310)448-4705 or 310)345-7856 CONTRACTOR'S NAME PALF INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERS"VICE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2.000,000 PRESENTLY UNOEB CONSTRUCTION. PROJECT NAME: SANTA MONICA TRANSIT PARKWAY PROJECT PROJECT DESCRIPTION: UNDERGROUND, RETAINING WALLS, FWY. ON RAMPS, A/C PAVE, SIDEWALK, CURB 6 GUTTER, SIGNALIZATION, LANDSCAPING, STORM DRAIN IMPVTS,SEWER, WATER, AND RETAINING WALL. LOCATION: FROM 405 FWY. TO BEVERLY HILLS CITY LIMIT, LOS ANGELES CONSTRUCTION VALUE: $34,455,152.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACT VALUE: ARCHITECT: C/0 LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562/599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT: CARL NELSON TELEPHONE: 21 485- A 4 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Alameda Street PROJECT DESCRIPTION: Redesign of Arterial Streets And Storm Drain Impvts. LOCATION: Intersection of Alameda Street and N. Spring St Los Angeles CONSTRUCTION VALUE: 3,197,043.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: City of Los Angeles GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pare TELEPHONE: 562) 599-5841 Ext. 248 OWNER INFORMATION: NAME: City ofLos Augeles Board of Public Works CONTACT: Raphael Villegas TELEPHONE: 213)485-4556 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RIESPONSLBILTTI' STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Phase 3 Container Yard Expansion Pier T PROJECT DESCRIPTION: Container Yard Parking Lot Expansion, Storm Drain Impvts, Sewer and Water. LOCATION. -Pier T, Long Beach, Ca. CONSTRUCTION VALUE: 21,703,834.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: Port of Long Beach GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562)599-5841 ext 246 OWNER INFORMATION: NAME: The Port of Long Beach CONTACT: CIa.ry Cardemone TELEPHONE: 562) 590-4172 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBH.ITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: PIPS F. RarrhG F24-326 PROJECT DESCRIPTION: Asphalt Utility Removals, Grade, New Asphalt Paving and _New Concrete RTG Runways, Storm Drain Impvts, Sewer and Water. LOCATION: Pier CONSTRUCTION VALUE: 5, 251, 800.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE: FINAL SUBCONTRACTOR: ARCHITECT: Port of Long Beach GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562)599-5841 Ext. 246 OWNER INFORMATION: NAME: The Port of Long Beach CONTACT: peter Forsythe TELEPHONE: 562) 244-9077 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIIBILITI' STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WH]CH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: Highland Avenue Widening PROJECT DESCRIPTION: Redesign of Highland Ave and Adjacent Streets) Storm Drain Impvts. LOCATION: Highland Ave @ Franklin Ave, City of Los Angeles CONSTRUCTION VALUE: 2.754.889.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE. - FINAL SUBCONTRACTOR: ,ARCHITECT: City of Los Angeles GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562) 599-5841 Ext 246 OWNER INFORMATION: NAME: City of Los Angeles Board of Public Works CONTACT: Rafael Villegas 7ELEPHONE: 213)485-4556 i CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: North Maclay Ave PROJECT DESCRIPTION: Street Beautification and Improvement of North Maclay Ave LOCATION: North Maclay Ave from 1st Street to Eighth Street CONSTRUCTION VALUE: 3,682,624.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A D41TIAL SUBCONTRACT VALUE. - FINAL SUBCONTRACTOR: ARCHITECT: City of San Fernando GENERAL CONTRACTOR INFORMATION: NAME: Excel Paving Company CONTACT: Bob Pace TELEPHONE: 562) 599-5841 Ext 246 OWNER INFORMATION: NAME: r.; ry of San Fornanrip CONTACT: Daniel Wall/ City Engineer TELEPHONE: 818) 898-1225 WORK EXPERIENCE MAY 31, 2009 CLOSED JOBS 2ND QUARTER 2008-2009 EXCEL PAVING CO. 10-23-09 JOB NO. PROJECT NAME 4295 4458 4483 4492 4499 4505 4507 4522 4524 4568 4590 4593 4596 4625 4631 4635 4646 4653 4654 4657 4660. 4666 4671 4672 4674 CULVER BLV/VISTA DEL MAR: TAPO CYN/ALAMO ST:SIMI VALLEY BOB HOPE AIRPRT:BURBANK E06-53 TIERRA REJADA RD/2ND ST:MORPRK KAISER CANTARA ST.:PANORAMA TOPANGA & VICTORY:WESTFIELD N. BRAND BLVD:GLENDALE BELMONT PIER PLAZA:LB R6660 VERDUGO/BARRINGTON:GLENDALE NUEVA VISTA E/S:BELL 07-08 ROYAL AVE:SIMI SV08-02 LOWELL EL SCH:LONG BCH USD MAT ARRESTING SYS:BURBANK ARPT EL PRESIDIO ST.:CARSON 4TH ST SAN BERNARDINO:REMPREX JOHN WAYNE AIRPORT:BALI CALIFORNIA BLVD.:PASADENA GETTY CENTER:LOS ANGELES WESTERN AVE:TORRANCE SO. FREMONT ST.:ALHAMBRA GOODE AVE.GLENDALE 5TH ST. :MANHATTAN BEACH R ST/FIGUEROA:KAISER:WILMINGTN 5901 7TH ST VA HOSP:LONG BEACH OLDEN ST.:SYLMAR PLAYA CAPITAL CO CITY OF SIMI VALLEY BURBANK/GLENDALE/PASADENA CITY OF MOORPARK KAISER FOUNDATION HEALTH PLAN WESTFIELD DESIGN & CONSTRUCTIO HATHAWAY DINWIDDIE CONSTRUCTIO CITY OF LONG BEACH CITY OF GLENDALE PREMIER WEST CITY OF SIMI VALLEY LONG BEACH UNIFIED SCHOOL DIST BURBANK/GLENDALE/PASADENA LANE AIRE MANUFACTURING REMPREX, LLC BALI CONSTRUCTION HATHAWAY DINWIDDIE CONSTRUCTIO HATHAWAY DINWIDDIE CONSTRUCTIO MOOG AIRCRAFT GROUP INTERSCAPE CONSTRUCTION, INC DINWIDDIE CONSTRUCTION COMPANY BEARDSLEY CONSTRUCTION KAISER PERMANENTE (USE) MOTORCYCLE SYSTEMS TUTOR SALIBA PERINI, JV FINAL CONTRACT AMOUNT 1,601,060 2,957,391 13,177,103 3, 167, 306 91,879 2, 597, 572 217, 460 514,419 585,432 206,362 1,816,110 541,572 3,642,247 13, 122 1,438,337 15,536 37,708 6,700 7,240 4, 600 256, 760 1,500 8,450 5,445 36,710 WORK EXPERIENCE MAY 31, 2009 - OPEN JOBS 2ND QUARTER 2009 EXCEL PAVING CO. EST. FINAL WORK WORK 8-6-09 CONTRACT COMPL. BACKLOG 4042 TUDOR WEST/UCLA JOBS 2, 339, 610 100.0% 1,020.00 4093 SAID FERN VLi LA 1,473, 973 100.0% 4232 VALENCIA MESA FULLERTON 930,000 99.9% 1,145.00 4240 LINCOLN BLVD. CALTRANS 12, 138, 000 98.4% 231,084.00 4242 CHANDLER/LANKERSHIM LOS ANGELES 5,421,S29 100.0°l0 4245 LINNIE CANAL LOS ANGELES 351,920 100.0% 4266 CENTINELA AVE. LOS ANGELES 2,880,145 100.0% 4295 CULVER BLVD VISTA DEL MAR 1,601,060 100.0% 4302 VERMONT AVE. LOS ANGELES 1,392,670 100.0% 4324 USC, FIGUEROA & JEFFERSON 1,584,799 100.0% 4328 HIGHLAND AVE. LOS ANGELES 3,449,332 99.8% 6,582.00 4329 SUNSET BLVD. LOS ANGELES 2,062,587 100.0% 4330 HARBOR GATE,lAY LOS A14GELES 2 , 7 a 4 , 039 99.8% 3,679.00 4340 SLAUSON AVE. CULVER CITY 2, 570, 504 97.3% 60,893.00 4348 PH 3-PIER T LONG BEACH 23,538,665 100.0% 4370 ALAMEDA S T . LOS ANGELES 2, 687, 109 97.2% 50.216.00 4408 HOLLYWOOD WAY BURBANK 23, 710 82.7% 2,900.00 4413 VERMONT LOS ANGELES 182, 915 99.4% 1,000.00 4425 FIRST ST-LOS ANGELES 255,000 69.6% 53,211.00 4442 SEPULVEDA BLVD. LA/CC 594,814 86.4% 80,015.00 4454 UCI IRVINE 59,976 100.0% 4458 TAPO CYN SIMI VLY 2, 957, 391 100.0% 4466 FIGUEROA/SEPULVEDA LACO SANI 2,453,930 100.0% 4481 CERRITOS/EL RITO GLENDALE 1,197,605 100.0% 4482 ALAMITOS RODGE LONG BEACH 408,474 100.0% 4483 BOB HOPE AIRPORT BURBANK 13, 177, 103 99.4% 68,346.00 4492 TIERRA REJADA RD MOORPARK 3,167,306 100.0% 4497 CALIFORNIA BLVD. CSI ELECT 14,892 100.0% 4499 CANTARA KAISER FOUND 100,078 81.6% 14,190.00 4502 GARDEN GROVE SANI 1,964,738 100.0% 4505 TOPANGA/VICTORY WESTFIELD 2,597,572 99.9% 1,488.00 4507 BRAND BLVD. HATHAWAY 217,460 100.0% 4508 ALVARDO TRANSIT LACRA 2,140,870 72.6% 523,426.00 4522 BELMONT PLAZA LONG BEACH 514,419 100.0% 4523 BESS/LEORETTA KAISER 347,000 100.0% 4524 VERDUGO/BARRINGTON GLENDALE 585,432 100.0% 4526 LAKEWOOD BLVD. DOWNEY 2,047,150 99.2% 18,801.00 4534 7TH/CATALINA HENSEL PHELPS 73,954 100.0% 4535 SHENANDOAH EIS LAUSD 744,408 100.0% 4549 RAMIREZ CANYON TORRES 400,835 99.5% 2,080.00 4552 JOHN WAYNE AIRPORT ORANGE CO 1,S38 , 269 90.7% 126,667.00 4553 PACIFIC OCAST HWY DANA POINT 5, 973, 934 68.0% 2,114,492.00 4566 CLEVELAND HIS LAUSD 1, 304, 212 98.9% 16,024.00 4567 NO HOLLYWOOD ST LACRA 1, 143, 779 8.5% 934,049.00 4568 NUEVA VISTA ES BELL 206,362 100.0% 4573 ATHERTON ST. LONG BEACH 1,308,318 95.5% 56,457.00 4585 VARIOUS LOC WESTLAKE VILLAGE 2,125,397 100.0% 4586 7TH ST. LONG BEACH 1,782,650 100.0% 4588 EAGLE ROCK HS LAUSD 1,145,867 99.4% 6,158.00 4590 ROYAL AVE. SIMI VLY 1, 791, 856 98.5% 24,569.00 4592 MADERA RD. SIMI VLY 711,585 100.0% 4593 LOWELL EIS LBUSD 541,572 100.0% Page 1 of 4 WORK EXPERIENCE MAY 31, 2009 OPEN JOBS 2ND QUARTER 2009 EXCEL PAVING CO. 8-6-09 EST. FINAL WORK WORK CONTRACT COMPL. BACKLOG 4595 MARINA H/S HBUHSD 3, 305, 000 99.5% 14,887.00 4596 FMAS SYS BURBANK ARPRT 3, 642, 21'; 100.0°u 1,358.00 4597 WILSHIRE/FAIRFAX MATT CONST 1, 125, 815 76.6% 207.466,00 4598 CHEVIOT HILLS LOS ANGELES 777, 869 55.0% 312,655.00 4603 INGLEWOOD/CULVER PLAYA CAP 386, 070 92.6% 28,623.00 4604 MADISON E/S REDONDO BEACH USD 45, 000 85.5% 5.698.00 4605 MWD WATERLINE RUDOLPF/SLET 1, 809, 170 27.2% 1,097,224.00 4607 LACC CHILD DEV CTR CA CONSTR 36,549 100.0% 4608 TAXIWAI D LON BEACH 816,228 100.0% 4609 JUVENILE HALL ALCORN FENCE 476,412 78.1 % 65,652.00 4611 USC ST IMPRV USc 1, 800, 000 75.2% 414,662.00 4613 STORM DRAIN POL POLB 4 , 127, 471 27.8% 2,783,997.00 4615 PIER A WEST TUTOR SALIBA 121 , 706 22.10% 41 ,302.00 4616 PIER A WEST TUTDOR SALIBA 327, 832 28.1% 235,691.00 4618 FED EX RAMP FEX EX BURB ARPRT 3,949,667 8.3% 3,210,502.00 4619 SO REGION ES LAUSD 415,870 98.4% 4,961.00 4620 EAST LA HS TUCKER ENGR 175,225 79.0% 32.499.00 4621 VARIOUS LOC DANA POINT 60,527 70.4% 18,050.00 4623 CANDLEBERRY AVE SEAL BEACH 1,508,369 2.3% 1,344,057.00 4624 WASHINGTON/IND BNSF JOJMSPM CONTROLS 152,759 59.0% 45,180.00 4625 EL PRESIDO LAINE AIRE 13,122 100.0% 4628 LIMECREST DR. LACPW 220,002 99.5% 1,119.00 4629 WASHINGTON BLVD PCL CONST 129,305 72.2% 32,476.00 4631 4 TH ST. REMPREX 1,438,337 99.0% 9,478.00 4632 LACMA PH I I MATT CONST 431,836 22.3% 291,350.00 4635 JOHN WAYNE AIRPORT BALI CONS 15,536 100.0% 4636 VARIOUS STS ROLLING HILLS EST 178,414 100.0% 4637 DISNEYLAND TRENCH BALI CONS 9,985 100.0% 4638 DICKSON, ENT, FOSTER COMPTON USD 89,200 85.9% 11,941.00 4639 VARIOUS INTER BOEING CO. 1,475,312 44.9% 732, 546.00 4640 BERTH 73/191 POLA 237,765 9.6% 192,277.00 4641 PUENTE HILLS LANDFILL LACO SANI 474,349 99.2% 3,700.00 4643 CAMPUS CAP PLAYA VISTA 443,335 1.6% 423,216.00 4646 CALIFORNIA HATHAWAY 37,708 100.0% 4647 WOOD AVE. FULLERTON 1,075,000 10.6% 880,962.00 4648 BANDINI BNSF 454,993 0.6% 421,809.00 4649 SUNNYMEAD BLVD. MORENO VLY 2,456,972 0.7% 2,214,886.00 4651 BALBOA/VICTORY LOS ANGELES 1,397,499 2.9% 1,233,522.00 4652 LA AIR FORCE BASE RMA LAND 10,890 100.0% 4653 GETTY CENTER HATHAWAY 6,700 100.0% 4654 WESTERN AVE MOOG , INC 7,240 92.6% 444.00 4655 ARTESIA PILAR SANTA ANA 1,676,293 2.1% 1,509,603.00 4656 RTE 23/118 SIMI VLY 31,998 100.0% 4657 FREMONT ST ALHAMBRA 4, 617 4.6% 2,199.00 4658 LA PALMA AVE PCL CONT 723,223 0.0% 592,186.00 4659 VARIOUS STS PV EST 204,212 1.3% 183,842.00 4660 GOODE AVE HATHAWAY 262,440 22.1 % 132,477.00 4661 BIKE ROUTES LONG BEACH 277, 703 0.6% 258,334.00 4662 VARIOUS ACHOOLS COMPTON 127, 142 1.8% 105,600.00 Page 2 of 4 WORK EXPERIENCE FEBRUARY 28, 2009 CLOSED JOBS 1ST QUARTER 2008-2009 EXCEL PAVING CO. 8-6-09 FINAL CONTRACT JOB NO. PROJECT NAME AMOUNT 3843 LAUREL CYN BLVD. LOS A_NGELES 807,100 4103 HOWLAND CNL CRT LA 299,025 4129 MT. SAC WALNUT 910,385 4211 VARIOUS LOC LONG BEACH 306,515 4282 LOOP & PARK PL. IRVINE 1,112,969 4319 REDONDO AVE. LONG BEACH 221,979 4339 VARIOUS LOCATIONS LONG BEACH 1,353,277 4415 CASE AVE. LOS ANGELES 186,308 4416 STIMSON AVE. LA PUENTE 396,099 4434 IMPERIAL HWY DOWNEY 2,427,816 4443 INGLEWOOD AVE. REDONDO BCH 540,525 4468 LACC LOS ANGELES 6,085 4490 VARIOUS LOC LB TRANSIT 879,832 4515 GRAND AVE. MT. SAC 224,919 4516 TUSTIN & 1ST ST MCCARTHY 233,937 4530 VARIOUS LOCATIONS CULVER CITY 801,667 4531 LONG BEACH CALCARTAGE 18,500 4541 CAMINO REAL REDONDO BCH 444,555 4545 BERTHS 261-267 CONNELLY-PACIFIC 174,979 4548 NORMANDIE KAISER 58,823 4558 LA PALMA AVE. PENNER 15,895 4559 BERTH 302-305 POLA 0 4569 MIDWAY/39TH PL LONG BEACH 6,353 4571 AVE. 45 HUNTINGTON PARK 76,100 4572 VARIOUS LOC LONG BEACH 147,364 4574 SOUTHERN/GARFIELD SO GATE 27,300 4577 SLAUSON OVERPASS BELL 74,614 4578 PACOIMA MS TORRES 13,892 4582 ST IMROV INGLEWOOD 548,259 4583 OLYMPIC/CENTINELLA SANTA MONICA 1,961,558 4584 VARIOUS LOC SANTA ANA 3,570,920 4587 COLUMBUS EIS PANKOW 224,715 4591 LAS BRISAS SIGNAL HILL 146,749 4594 ALDRICH PARK UCI 907,704 4599 VARIOUS SCHOOLS 837,133 4600 ANCHORAGE/SHOR RE SCHAFER 7,710 4606 PERRY LINDSEY ACADEMY LBUSD 1,074,447 4612 KAISER VENTURA BLV KAISER PERM 43,997 4626 VAN NESS BUNTICH 4,850 4627 SHEILA ST. ELECTRO 2,698 4630 LAMAR/MAIN ELECTRO 33,320 4633 DISNEYLAND BAKERY BALI CONS 16,876 4642 JAMES WOOD AVE FED OF LABOR 8,388 4645 USC SCH ARTS HATHAWAY 19,130 4650 SPEED HUMPS PASADENA 38,130 Page 3 of 4 WORK EXPERIENCE NOVEMBER 30, 2008 CLOSED JOBS 4TH QUARTER 2008 EXCEL PAVING CO. B-6-09 FINAL CONTRACT J®B NO. PROJECT NAME AMOUNT 4240 CMB QTY/PLAYA VISTA 8,938 4247 7TH/710 FRWY LONG BEACH 606,1S3 4296 GLENDALE BLVD LOS ANGELES SO7,309 4359 MICHELSON BLVD. IRVINE 2,909,722 4359 LOOP ROAD 0 4359 MICHELSON DR. 0 4367 GRANADA AVE. LA MIRADA 564,180 4377 PIER E PORT LB 5,295,408 4393 JEFFERSON BLVD. PLAYA VISTA 7,938,248 4417 PROSPECT TUSTIN 941,017 4421 LB TAXIWAY LONG BEACH S9,379 4427 05-'06 ST. REHAB LAGUNA BCH 3,848,764 4448 MARYMOUNT HS 856,482 4452 GLENCOE LOS ANGELES 309,434 4463 SERVICE MOD EL CAMINO COLLEGE 147,800 4464 WASHINGTING/GRANDE BNSF 1,122,915 4467 VALLYHEART ST. FRANCIS 135,875 4469 HALDEMAN RD. RUSTIC CYN HOA 58,395 4470 LATIMER RD. RUSTIC CYN HOA 66,500 4480 EAST OLIVE AVE BURBANK 313,656 4500 CAMPUS/ARTISAN CSI ELECT 0 4501 GAGE AVE BELL 25,375 4504 BERENDO M.S. TORRES CONST 207,053 4506 VARIOUS LOC CO OF ORANGE 32,744 4509 ROSCOE BLVD. KAISER FOUND 100,937 4518 NORMANDIE ARB STRUCTURES 94,545 4521 ZANE GREY HIS TORRES 75,326 4525 TAPER AVE SCH TORRES 108,842 4527 SUNNY BRAE SCH TORRES 15,345 4528 GETTY CENTER HATHAWAY 37,887 4529 NORTHRIDGE MIS TORRES 6,542 4532 SAN MIGUEAL EIS TORRES 315,091 4536 W. 4TH ST BNSF 265,323 4538 PERSHING DR CSI ELECT 76,194 4547 WRIGHT MIS TORRES 99,389 4554 BLUFF CREEK FINVEST 91,269 4555 VICTORY BLVD. NO. HOLLYWOOD 429,749 4557 DACOTAH EARLY ED TORRES 159,273 4561 BESS/LEORITA BALDWIN PARK 15,866 4563 NICHOLS/BELSITO BALI CONST 405,647 4579 KAISER/NORMANDIE KAISER 8,225 4580 CAL ST NORTHRIDGE 6,200 4581 E. 26THST BNSF 296,935 -1601 SHEILA/INDIANA ELECTRO CONST 8,784 4610 SEPULVEDA BLVD B & D CONST 8,939 4617 SEPULVEDA BLVD B & D CONST 16,600 4634 RIVERA RD. SPRKLR UNION 27,441 4644 MGM DR. HATHAWAY 47,068 Page 4 of 4 Work Experience Report November 30, 2008 Excel Paving Co. Open Jobs 2008 12J14/08 Open Jobs 4th. Quarter Job No. PROJECT NAME 3843 LAUREL CYN BLVD. 4042 TUDOR WEST/UCLA JOBS 4093 SAN FERN VLY 4103 HOWLAND CNL CRT 4126 UNIVERSITY AVE 4129 MT. SAC 4165 EL TORO RD 4211 VARIOUS LOC 4232 VALENCIA MESA 4240 LINCOLN BLVD. 4240 CMB QTY/PLAYA VISTA 4242 CHANDLER/LANKERSHIM 4245 LINNIE CANAL 4247 7TH/710 FRWY 4266 CENTINELA AVE. 4282 LOOP & PARK PL. 4295 CULVER BLVD 4296 GLENDALE BLVD 4302 VERMONT AVE. 4319 REDONDO AVE. 4324 USC, FIGUEROA & JEFFERSON 4328 HIGHLAND AVE. 4329 SUNSET BLVD. 4330 HARBOR GATEWAY 4339 VARIOUS LOCATIONS 4340 SLAUSON AVE. 4348 PH 3-PIER T 4359 MICHELSON BLVD. 4367 GRANADA AVE. 4370 ALAMEDA ST. 4377 PIER E 4393 JEFFERSON BLVD. 4408 HOLLYWOOD WAY 4413 VERMONT 4415 CASE AVE. 4416 STIMSON AVE. 4417 PROSPECT 4421 LB TAXIWAY 4425 FIRST ST-LOS ANGELES 4427 05-'06 ST. REHAB 4434 IMPERIAL HWY 4442 SEPULVEDA BLVD. 4443 INGLEWOOD AVE. 4448 MARYMOUNT HS LOS ANGELES LA LA RIVERSIDE WALNUT LK FOREST LONG BEACH FULLERTON CALTRANS LOS ANGELES LOS ANGELES LONG BEACH LOS ANGELES IRVINE VISTA DEL MAR LOS ANGELES LOS ANGELES LONG BEACH LOS ANGELES LOS ANGELES LOS ANGELES LONG BEACH CULVER CITY LONG BEACH IRVINE LA MIRADA LOS ANGELES PORT LB PLAYA VISTA BURBANK LOS ANGELES LOS ANGELES LA PUENTE TUSTIN LONG BEACH LAGUNA BCH DOWNEY LA/CC REDONDOBCH EST.FINAL CONTRACT AMOUNT 807,100 2,339,610 1,473,973 299,925 2,067.233 910,385 11,091,333 306,515 930,000 11,970,000 8,938 5,421,529 351,920 606,153 2,880,145 1,112,969 1,601,060 597,309 1,392,670 221,979 1,585,000 3,582,540 2,062,587 2,722,826 1,353,277 2,550,397 23,552,507 2,909,722 564,180 3,163,392 5,295,408 7,938,248 23,710 182.915 186,308 397,215 938,817 59,379 230,000 3,848,764 2,427,816 596,857 540,525 856,482 WORK COMPL. 100.0% 100.0% 100.0% 100.0% 99.9% 100.0% 99.6% 99.8% 92.8% 100.0% 0.0% 100.0% 100.0% 99.9% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 96.0% 99.9% 100.0% 100.0% 90.2% 100.0% 99.7% 100.0% 90.3% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 99.6% 100.0% 58.4% 100.0% 99.7% 100.0% 100.0% 100.0% VVORK BACKLOG 2,486 41,984 66,955 8,938 142,898 1,291 249,935 21291 8,529 308,049 3,312 95,597 3,309 11-30-00 WIPS 12-14-2008 - Open Jobs Page 1 of 14 1-21-09 Work Experience Report November 30, 2008 Excel Paving Co. Open Jobs 2008 12/14/08 Open Jobs 4th. Quarter ESTYINAL % WORK CONTRACT WORK BACKLOG 4452 GLENCOE LOS ANGELES 309,434 100.0% 4454 UCI IRVINE 59,976 100.0% 4458 TAPO CYN SIMI VLY 2,957,391 100.0% 758 4463 SERVICE MOD EL CAMINO COLLEGE 147,800 100.0% 4464 WASHINGTING/GRANDE BNSF 1,122,915 100.0% 4466 FIGUEROA/SEPULVEDA LACO SANI 2,453,930 100.0% 4467 VALLYHEART ST. FRANCIS 135.875 100.0% 4468 LACC LOS ANGELES 6,085 100.0% 4469 HALDEMAN RD. RUSTIC CYN HOA 58,395 100.0% 4470 LATIMER RD. RUSTIC CYN HOA 66,500 100.0% 4480 EAST OLIVE AVE BURBANK 313,656 100.0% 4481 CERRITOS/EL RITO GLENDALE 1,197,605 100.0% 4482 20TH/REDONDO LONG BEACH 408,474 100.0% 4483 BOB HOPE AIRPORT BURBANK 13,177,103 99.3% 91,795 4490 VARIOUS LOC LB TRANSIT 879,832 100.0% 4492 TIERRA REJADA RD MOORPARK 3,167,306 100.0% 4497 CALIFORNIA BLVD. CSI ELECT 14,982 100.0% 4499 CANTARA KAISER FOUND 82,000 21.2% 64,631 4500 CAMPUS/ARTISAN CSI ELECT 4,200 0.0% 4,200 4501 GAGE AVE BELL 25,375 100.0% 4502 GARDEN GROVE SANI 1,967,739 100.0% 4504 BERENDO M.S. TORRES CONST 207,053 100.0% 4505 TOPANGA/VICTORY WESTFIELD 2,520,000 98.9% 27,394 4506 VARIOUS LOC CO OF ORANGE 32,744 99.9% 4507 BRAND BLVD. HATHAWAY 217,460 96.7% 7,193 4508 ALVARDO TRANSIT LACRA 2,140,870 69.0% 663,657 4509 ROSCOE BLVD. KAISER FOUND 100,937 100.0% 4515 GRAND AVE. MT. SAC 224,919 100.0% 4516 TUSTIN & 1ST ST MCCARTHY 233,937 100.0% 4518 NORMANDIE ARB STRUCTURES 94,545 100.0% 4521 ZANE GREY H/S TORRES 75,326 100.0% 4522 BELMONT PLAZA LONG BEACH 427,634 100.0% 4523 BESS/LEORETTA KAISER 251,657 100.0% 4524 VERDUGO/BARRINGTON GLENDALE 577,656 99.9% 4525 TAPER AVE SCH TORRES 108,842 100.0% 4526 LAKEWOOD BLVD. DOWNEY 2,047,150 92.0% 164,456 4527 SUNNY BRAE SCH TORRES 15,345 100.0% 4528 GETTY CENTER HATHAWAY 37,887 100.0% 4529 NORTHRIDGE M/S TORRES 6,542 100.0% 4530 VARIOUS LOCATIONS CULVER CITY 801,667 100.0% 4531 LONG BEACH CALCARTAGE 13,577 100.0% 4532 SAN MIGUEAL E/S TORRES 315,091 100.0% 4534 7TH/CATALINA HENSEL PHELPS 73,954 100.0% 4535 SHENANDOAH E/S LAUSD 744,408 99.8% 1,585 1130-08 MPS 12-14-200B-Open Jobs Page 2 of 14 1-21-09 Work Experience Report November 30, 2008 Excel Paving Co. Open Jobs 2008 12/14/08 Open Jobs 4th. Quarter EST.FINAL % CONTRACT WORK 4536 W. 4TH ST BNSF 265,323 100.0% 4538 PERSHING DR CSI ELECT 76,194 100.0% 4541 CAMINO REAL REDONDO BCH 444.555 100.0% 4545 BERTHS 261-267 CONNELLY-PACIFIC 174,979 99.9% 4547 WRIGHT M/S TORRES 99,389 100.0% 4548 NORMANDIE KAISER 58,500 83.7% 4549 RAMIREZ CANYON TORRES 400,836 99.6% 4552 JOHN WAYNE AIRPORT ORANGE CO 1,538,269 90.7% 4653 PACIFIC OCAST HWY DANA POINT 5,792,241 46.6% 4554 BLUFF CREEK FINVEST 91,269 100.0% 4566 VICTORY BLVD. NO. HOLLYWOOD 429,749 100.0% 4557 DACOTAH EARLY ED TORRES 169,273 100.0% 4558 LA PALMA AVE. PENNER 15,895 100.0% 4559 BERTH 302-305 POLA 35,000 3.6% 4561 BESS/LEORITA BALDWIN PARK 15,866 100.0% 4563 NICHOLS/BELSITO BALI CONST 405,647 100.0% 4566 CLEVELAND H/S LAUSD 1,269,712 95.2% 4567 NO HOLLYWOOD ST LACRA 1,143,779 8.5% 4568 NUEVA VISTA ES BELL 206,362 100.0% 4569 MIDWAY/39TH PL LONG BEACH 6,853 100.0% 4571 AVE. 45 HUNTINGTON PARK 76,100 100.0% 4572 VARIOUS LOC LONG BEACH 153,371 37.8% 4573 ATHERTON ST. LONG BEACH 1,322,726 92.3% 4574 SOUTHERN/GARFIELD SO GATE 27,300 100.0% 4577 SLAUSON OVERPASS BELL 74,614 100.0% 4578 PACOIMA MS TORRES 13,894 100.0% 4579 KAISER/NORMANDIE KAISER 8,225 100.0% 4580 CAL ST NORTHRIDGE 6,200 100.0% 4581 E.26THST BNSF 296,935 100.0% 4582 ST IMROV INGLEWOOD 548,259 100.0% 4583 OLYMPIC/CENTINELLA SANTA MONICA 1,961,558 98.9% 4584 VARIOUS LOC SANTA ANA 3,636,816 99.9% 4585 VARIOUS LOC WESTLAKE VILLAGE 2,125,397 100.0% 4586 7TH ST. LONG BEACH 1,713,347 99.9% 4587 COLUMBUS E/S PANKOW 225,945 94.6% 4588 EAGLE ROCK HS LAUSD 991,991 92.3% 4590 ROYAL AVE. SIMI VLY 1,791,856 93.6% 4591 LAS BRISAS SIGNAL HILL 142,749 99.5% 4592 MADERA RD. SIMI VLY 711,585 100.0% 4593 LOWELL E/S LBUSD 541,662 100.0% 4594 ALDRICH PARK UCI 907,704 100.0% WORK B ACKLOG 9,559 2,001 143,001 3,095,493 33,773 60,824 1,046,619 95,447 102,324 21,525 5,446 927 12,270 76,168 113,798 Page 3 of 14 1-21-09 11.30.08 WIPS 12-14.2008 - Open Job. Work Experience Report November 30, 2008 Excel Paving Co. Open Jobs 2008 • 12/14/08 Open Jobs 4th, Quarter EST.FINAL % VVORK CONTRACT WORK BACKLOG 4595 MARINA H/S HBUHSD 3,215,000 86.6% 432,035 4596 EMAS SYS BURBANK ARPRT 3,642,247 99.9% 1,957 4597 WILSHIRE/FAIRFAX MATT CONST 1,071,698 46.5% 572,826 4598 CHEVIOT HILLS LOS ANGELES 777.869 54.2% 356,169 4599 VARIOUS SCHOOLS 837,132 100.0% 4600 ANCHORAGE/SHOR RE SCHAFER 7,710 100.0% 4601 SHEILA/INDIANA ELECTRO CONST 8,784 100.0% 4603 INGLEWOOD/CULVER PLAYA CAP 374,797 86.4% 51,113 4604 MADISON E/S REDONDO BEACH US 39,300 100.0% 4605 MWD WATERLINE RUDOLPF/SLET 1,809,170 1.9% 1,774,728 4606 PERRY LINDSEY ACADEMY LBUSD 1,034,834 99.9% 1,516 4607 LACC CHILD DEV CTR CA CONSTR 29,079 71.2% 8,389 4608 TAXIWAI D LON BEACH 816,228 100.0% 4609 JUVENILE HALL ALCORN FENCE 452,834 10.4% 405,839 4610 SEPULVEDA BLVD B & D CONST 8,939 100.0% 4611 USC ST IMPRV USC 1,717,400 34.9% 1,118,308 4612 KAISER VENTURA BLV KAISER PERM 43,997 98.2% 807 4613 STORM DRAIN POL POLB 4,688,404 12.1 % 4,119,191 4615 PIER A WEST TUTOR SALIBA 121,706 12.3% 106,720 4616 PIER A WEST TUTDOR SALIBA 327,832 28.1% 235,691 4617 SEPULVEDA BLVD B & D CONST 16,600 91.0% 1,489 4618 FED EX RAMP FEX EX BURB ARPRT 3,493,821 2.8% 3,395,388 4619 SO REGION ES LBUSD 590,518 9.7% 533,215 4620 EAST LA HS TUCKER ENGR 57,000 100.0% 4621 VARIOUS LOC DANA POINT 94,600 17.5% 78,040 4622 D & E YARD CROSSINS LA JUNC RR 44,041 100.0% 4623 CANDLEBERRY AVE SEAL BEACH 1,415,869 1.7% 1,391,826 4624 WASHINGTON/IND BNSF JOJMSPM CONTROLS 74,988 91.6% 6,326 4625 EL PRESIDO LAINE AIRE 13,500 100.0% 4626 VAN NESS BUNTICH 4,850 100.0% 4627 SHEILA ST. ELECTRO 2,698 100.0% 4628 LIMECREST DR. LACPW 228,859 0.7% 227,325 4629 WASHINGTON BLVD PCL CONST 124,000 35.0% 80,638 11-3NCO WIPS 12-14.2008.Open Jobs Page 4 of 14 1-21-09 Work Experience Report November 30, 2008 Excel Paving Co. Open Jobs 2008 12/14/08 Open Jobs 4th. Quarter EST.FINAL % WORK CONTRACT WORK BACKLOG 4630 LAMAR/MAIN ELECTRO 31,900 100.0% 4631 4TH ST. REN! PREX 1,420,000 49.4% 719.049 4632 LACMA PH 11 MATT CONST 352,051 17.6% 290,001 4633 DISNEYLAND BAKERY BALI CONS 16,876 100.0% 4634 RIVERA RD. SPRKLR UNION 27,441 100.0% 4635 JOHN WAYNE AIRPORT BALI CONS 15,536 100.0% 4636 VARIOUS STS ROLLING HILLS EST 178,414 82.3% 31,653 4637 DISNEYLAND TRENCH BALI CONS 9,985 100.0% 4638 DICKSON, ENT,FOSTER COMPTON USD 94,603 1.4% 93,299 4639 VARIOUS INTER BOEING CO. 1,303,476 0.1% 1,301,812 4640 BERTH 73/191 POLA 237,765 0.0% 237,765 4641 PUENTE HILLS LANDFILL LACO SANI 447,645 2.8% 435,270 4642 JAMES WOOD AVE FED OF LABOR 8,388 100.0% 4643 CAMPUS CAP PLAYA VISTA 336,600 1.0% 333,330 4644 MGM DR. HATHAWAY 47,068 57.1% 20,196 4645 USC SCH ARTS HATHAWAY 19,130 19.4% 15,417 4646 CALIFORNIA HATHAWAY 37,426 0.0% 37,426 4647 WOOD AVE. FULLERTON 1,090,322 0.8% 1,081,204 4648 BANDINI BNSF 454,993 0.0% 454,993 11-30-08 W1PS 12.14-2000 - Open J.bs Page 5 of 14 1-21-09 Work Experience August 31, 2008 Is Excel Paving CO. Closed Jobs 3rd. Quarter 2008 01 /20/09 FINAL CONTRACT JOB NO. PROJECT NAME AMOUNT 3947 TUSTIN AVE., ANAHEIM 4,370,876 3959 SANTA MONICA BLVD., LOS ANGELES 49,757,848 4062 SANTA MONICA/MWD 7,739,622 4164 KENNEDY HS ANAHEIM 1,037,004 4316 MONTROSE AVE. LACPW 2,447,026 4332 SO. BRAND BLVD GLENDALE 2,011,346 4336 VERMONT AVE. GARDENA 1,204,230 4337 MCFADDEN AVE. 1,121,382 4374 WOODRANCH PKWY SIMI VALLEY 1,982,642 4401 NO. MCLAY ST SAN FERNANDO 4,981,426 4414 TOPANGA/VICTORY LOS ANGELES 2,166,954 4420 VERMONT AVE. LOS ANGELES 915,500 4429 RANDALL ST. ORANGE CO. 824,976 4435 NATIONAL BLVD. CAL TRANS 90,524 4440 226TH ST HAWTHORNE 92,155 4451 OVERLAY SANTA CLARITA 5,503,565 4471 ANAHEIM ST. LB TRANSIT 244,032 4474 NO. LOOP RD. HATHAWAY 2,996,158 4479 UNION AVE SNYDER LANGSTON 55,297 4486 BLUFF CREEK DR COLICH & SONS 207,560 4491 WESTFIELD CENTER ARCADIA 29,118 4493 FREEMAN DR. CALABASAS 82,619 4495 PORT OF LB RYAN CO. 16,091 4498 VAGABOND STRM DRN MONTEREY PARK 89,325 4514 FOOTHILL BLVD. BERNARDS 81,317 4520 AMBLER AVE SCH TORRES 134,849 4537 26TH ST,/VERNON CBRE 52,143 4540 EVEWARD RD. DLSB 47,967 4544 BURBANK AIRPORT BURBANK AIRPORT 16,585 4551 GEPRGE BURNS AVE. WEST HOLLYWOOD 39,219 4556 GARVEY AVE. REYES CONST 38,218 4565 AVE OF STARS HATHAWAY 9,375 4575 DOUGLAS/EL SEGUNDO EL SEGUNDO 4,300 4589 WILSHIRE DR PSOMAS 32,190 4602 CALSTATE HATHAWAY DIN 9,386 4614 LOMITA BLVD ELECTRO CONST 3,486 3rd.Olr. 8-31.2008 WIPS- Closed Jobs - Sorted 1-20.2009 Page 6 of 14 1-21-09 r Excel Paving CO. 01 /20/09 JOB NO. PROJECT NAME Work Experience May 31, 2008 Closed Jobs 2nd. Quarter 2008 FINAL CONTRACT AMOUNT 4123 ANAHEIM ST LONG BEACH 3,249,006 4365 WEIDLAKE IMPRV LOS ANGELES 465,183 4373 CENTURY PKG LOT E. LOS ANGELES 736,152 4404 UCI IRVINE 22,443 4444 ALLEN AVE. GLENDALE 279,890 4453 ST. IMPRV INGLEWOOD 479,793 4456 EL DORADO HS LAUSD 794,632 4462 VIRGINIA ST. EL SEGUNDO 92,774 4489 ENT PKG LOT BURBANK AIRPORT 380,925 4503 GRANADA HILLS TORRES CONST 50,496 4510 LIGGETT E.S. TORRES CONST 84,479 4513 LEAPWOOD E.S. TORRES CONST 142,331 4519 MOORPARK HIGHLANDS CHAPARRAL 616,202 4533 USC CINEMATIC HATHAWAY 2,134 4539 W. BURBANK LOT BURBANK AIRPORT 63,382 4542 PASEO DEL MAR VAL VERDE 13,374 4546 ORCHARD ST. BELL 19,375 4550 4TH ST. CHLS KING 18,527 4560 ROSCOE BLVD WEST HILLS 2,200 4562 J PAUL GETTY LOS ANGELES 17,079 4564 SPAZIER BURBANK 1,600 4570 LOST E BURBANK AIRPORT 37,158 4576 VARIOUS LOC DANA POINT . 94,080 2nd.Olr. 5.51-08 WIPS - Closed Jobs Only - Sorted 1.20.2008 Page 7 of 1-21-09 Work Experience February 28, 2008 Excel Paving Co. CLOSED JOBS 2007- 2008 07/08/08 JOB SALES NO. PROJECT NAME AMOUNT 3704 TAXIWAY D L.B. AIRPORT 3,720,722 3865 2627 HOLLYWOOD, BURB/GLEN/AIRP 377,031 4084 SAND CANYON IRVINE 720,447 4088 ANNUAL RD RESURF DANA POINT 1,490,592 4099 03 ST IMPRV INGLEWOOD 593,520 4144 CASE AVE LA 432,963 4157 YUPLACENTIA FULLERTON 137,338 4176 SILVER LAKE LOS ANGELES 1,317,464 4182 UCLA LOS ANGELES 38,066 4182 UCLA CAMPUS LOS ANGELES 103,828 4218 ASHCROFT/ROBERTSON LOS ANGELES 52,900 4233 VAN BUREN VLD. CO RIVERSIDE 2,461,429 4237 S/W AREA LAX 4,876,048 4253 S.A. STADIUM SANTA ANA 397,289 4257 MIRAMONTE ES LOS ANGELES 677,111 4269 KINNELOA DEBRIS BASIN LOS ANGELES 237,063 4274 HARBOR BLVD LOS ANGELES 1,249,459 4275 CLAY MS LOS ANGELES 620,819 4281 HILLCREST ES LOS ANGELES 903,237 4306 10TH ST. LONG BEACH 1,192.729 4307 NEWPORT SHORES NEWPORT BEACH 1,584,279 4309 KING MS LOS ANGELES 985,753 4314 PARK PLACE IRVINE 998,231 4314 PARK PL PKG 76,267 4317 BERTHS 226-236 POLA 2,811,047 4334 710 FRWY CALTRANS 700,680 4344 PKG LOT PH 1 RANCHO SANTIAGO CC 896,694 4346 DAMON, CONSTELL OF STARS 202,454 4347 HAMILTON HS LOS ANGELES 603,569 4349 FIRESTONE BLVD. SEPULVEDA DEV 325,075 4353 FOUNTAIN VLY HS HUNT BCH UHSD 1,074,427 4354 LA BREA AVE. WEST HOLLYWOOD 496,890 4361 ORANGE AVE LAWNDALE 209,832 4362 ST. REHAB LEISURE VILLAGE 799,326 4366 ANNUAL ST. ALHAMBRA 651,988 4371 VARIOUS STS REDONDO BCH 960,788 4372 WALNUT ST. SIMI VALLEY 412,988 4380 POINT FERMIN PASCHEN 359,607 4383 VERMONT AVE. KAISER FOUND 117,035 4384 VERMONT AVE KAISER FOUND 182,820 HISTORY REPORT 2-M2DO6. 78 S LON WIPS-CH J- 71C.6Mh.OTR$.20076 im. QTR. 20G8 Page 8 of 14 1-21-09 Work Experience February 28, 2008 Excel Paving Co. CLOSED JOBS 2007- 2008 07/08/08 SALES AMOUNT 4385 VARIOUS STS INGLEWOOD 379,574 4387 PALOS VERDES DR, PV EST 95,060 4394 CLARA ST. CUDAHY 556,434 4395 E LOOP RD. IRVINE 363,771 4407 ORANGETHORPE BUENA PARK 1,038,513 4412 TRUNK SEWER REHAB CARSON 16,824 4418 PCH WILMINGTIN 22,830 4419 MICHELSON DR. IRVINE 460,419 4424 BNSF-TRACK 114 VERNON 1,108,470 4426 BNSF-SHEILA AVE. COMMERCE 528,245 4430 BNSF-ESPARANZA YORBA LINDA 352,990 4431 HAVEN AVE. RANCHO CUCUMONGA 155,069 4433 TRADE MARK IRVINE 29,025 4436 FULLER/GARNER WEST HOLLYWOOD 235,383 4439 DESOTO CHATSWORTH 9,437 4445 RAYMOND ST. PASADENA 25,155 4446 EASTERN/BANDINI BNSF 73,995 4449 WILLOW LANE WESTMINSTER 132,524 4450 ST. IMPRV LYNWOOD 766,795 4455 MAIN ST. NT2 PRODUCTIONS 2,700 4457 ACCESS RD. LOS ANGELES 499,954 4459 CLARK/SPRING LONG BEACH 70,775 4460 WASHINGTON/IND BNSF 171,668 4461 CDR 233 UPGRADE 374,942 4465 CANTERA ST. KAISER PERM 106,978 4472 BALUHARBOR CHLS KING 16,626 4473 FIRST/BOYLE LOS ANGELES 60,771 4475 6TH/PCH BOVIS 10,886 4476 SLAUSONNAN NESS MLADEN BUNTICH 23,570 4477 WEST LA COLLEGE LOS ANGELES 186,054 4478 VALLEY BLVD. INDUSTRY 7,900 4484 UNIVERSITY HS TORRES CONST 88,537 4485 FLINTRIDGE HS LA CANADA/FL 1,400 4487 ROSEMEAD/SLAUSON BNSF 96,849 4488 GETTY CENTER GETTY TR 3,020 4494 SPAZIER ENVIRON 25,977 4496 POL SHOOTING LAGUNA BCH 51,837 4511 PIER F-POLB B & D 3,100 4512 L ST-WILLMINGTON BNSF 146,806 4517 18TH ST. SANTA MONICA 15,198 4543 AMELIA AVE. ROYAL ELECT 21,950 HISTORY REPORT 238-2008. 780&5 Ldw WIPS- Cbsea Job J,d.6NRQTR5.7W7 6 W. O7R, XIOB Page 9 of 14 1-21-09 0 Excel Paving Co. Work Experience May 31, 2007 JOB Closed Jobs 2006 SALES NO. PROJECT NAME AMOUNT 3716 710 FWY PCH TO 405 21,510,942 3990 OCEAN BLVD LONG BEACH 1,196,229 4004 GREEN VALLY CIRCLE CULVER CITY 1,173,791 4024 UCLA KINROSS 2,329,669 4045 5 FRWY, OR. CO 180,290 4057 PALO VERDE HSG 611,836 4061 PANKOW BLDRS M.B. 720,917 4064 WALGROVE E.S. L.A. 767,069 4083 HARBOR BLVD FULLERTON 214,172 4098 BLEND E.S LA 273,966 4102 DENA E.S. LA 177,306 4104 MOULTON PKWY CO OF ORANGE 478,612 4106 PIER S BRTH S102-S110 LONG BEACH 4,077,253 4109 VARIOUS STS REDONDO BEACH 761,751 4115 WASHINGTON BLVD CULVER CITY 741,069 4117 VANUYS AIRPORT VAN NUYS 620,336 4120 SOUTHGATE HS LOS ANGELES 681,858 4142 ROSECRANS LAWNDALE 233,216 4143 CALLE MIRAMAR REDONDO BCH 536,987 4156 STERRY E.S. LA 223,520 4160 WARNER ES LA 988,639 4161 ST OVERLAY SIMI VLY 704,970 4168 MARINA DEL REY LA 459,915 4169 CEN PK WEST LA 50,550 4174 SHERMAN OAKS CNTR RESEDA 1,044,265 4175 GLEDHILL ES NO HILLS 506,079 4181 STATE ST ES LAUSD 334,787 4185 WHITTIER/PRESBY WHITTIER 7,400 4186 GETTY TRUST LOS ANGELES 850 4191 HARVARD AVE. IRVINE 329,938 4192 COMPTON/61 ST LOS ANGELES 17,722 4195 NEW JOB SAN CLEMENTE 10,966 4196 MWD/SEARL HEMET 9,109,427 4197 LYNOOD USD LYNWOOD 1,520,919 4198 AGOURA BIKE AGOURA HILLS 1,032,236 4209 PCH/CATALINA LONG BEACH 657,469 4210 GLENDALE BLVD LOS ANGELES 36,630 4212 GLENDORA/HILL LA PUENTE 11,833 Hway Fb" 2006.2DW V 541"2007. A a11.2W7 Page 10 of 1-21-09 Excel Paving Co. Work Experience May 31, 2007 JOB Closed Jobs 2006 SALES NO. PROJECT NAME AMOUNT 4213 ALDAMA ST SCH 19,097 4214 PCH/ZUMIREZ MALIBU 453,886 4215 THE TOLEDO LONG BEACH 7,449 4216 REEVES/NAVY PORT OF LB 268,611 4217 KANAN RD/101 FRWY 13,589 4220 SO CENTRAL HS LOS ANGELES 54,026 4222 PKG LOT 6 MONROVIA 406,899 4224 SUNSET BLVD. W. HOLLWOOD 166,602 4227 SEWER REHAB REDONDO BCH 550,196 4229 BLDG 10 & 28 24,697 4230 VARIOUS LOC LOS ANGELES 441,551 4235 VICTORY BLVD. CANOGA PARK 687,374 4243 ANDASOL ES NORTHRIDGE 131,502 4246 SOUTH ST. ANAHEIM 492,994 4248 MANHATTAN & AVIATION REDONDO BEACH 49,589 4249 CAL TECH PKG PASADENA 39,406 4250 2 FRWY GLENDALE 13,200 4261 5M FRWY CAL TRANS 188,210 4254 PCH CAL TRANS 1,204,048 4256 GARDENA HS GARDENA 1,009,381 4258 N/E INTER SEWER LOS ANGELES 360,460 4259 LOMA VISTA ES LOS ANGELES 277,404 4261 MULHOLLAND DR. LOS ANGELES 17,598 4263 BEVERLY VISTA ES BEVERLY HILLS 734,246 4265 INDIANA/WASH BNSF 15,290 4271 GETTY CENTER DR. CENT. CITY 28,907 4276 GETTY CENTER DR. CENT. CITY 262,399 4277 GETTY CENTER DR. CENT. CITY 4,384 4278 CLARK AVE. LONG BEACH 517,203 4279 41ST ST. LOS ANGELES 440,218 4280 VIA ROSA/PV BLVD, PV ESTATES 504,157 4284 CENT/LINC CULVER CITY 263,999 4286 WESTERN AVE. TORRANCE 28,640 4287 GRAND AVE. EL SEGUNDO 144,403 4289 LUGO E.S. LYNWOOD 15,435 4291 05-06 St.Maint AGOURA HILLS 831,113 4292 PICO BLVD. LOS ANGELES 67,308 4293 HOLLYWOOD WAY BURBANK ARPRT 38,800 4294 5 FRWY MISSION VIEJO 3,359 Page 11 of 14 HMay FlW aX18.20071txv SJ17W7.A &i1-XI01 1-31-09 Excel Paving Co. Work Experience May 31, 2007 JOB Closed Jobs 2006 SALES NO. PROJECT NAME AMOUNT 4297 VICTORYITOPNGA LOS ANGELES 606,202 4298 ST JOSEPH'S SCH LOivG BEACH 2,000 4300 PV LANDFILL LA SANI DIST 19,650 4301 MICHELSON IRVINE 201,698 4304 MEDIA STUDIOS BURBANK 18,700 4310 VAIL/CLEVELAND MONTEBELLO 10,790 4311 PLAYA VISTA LOS ANGELES 16,854 4312 INDIANA/WASHINGTON BNSF 147,323 4315 190TH/GREENLANE REDONDO BEACH 2,000 4318 RON REAGON FRWY SYLMAR 16,304 4321 SO. EAST HS SOUTH GATE 12,000 4322 E. PCH WILMINGTON 14,216 4325 BLUFF CREEK PLAYA VISTA 50,310 4326 BNSF, IND & WASH COMMERCE 334,616 4327 UNION STATION LOS ANGELES 10,000 4331 OLIVE & LAKE BURBANK 12,876 4333 VINEYARD & SATURN LOS ANGELES 8,545 4335 CSI/BOEING-BOLSA HUNT. BCH 101,500 4338 BNSF, WASH & IND NERVON 37,840 4341 FIRE STATION BURBANK 0 4342 MOOG, WESTERN WAY TORRANCE 37,031 4345 3355 EMPIRE BURBANK 79,193 4351 LAX -SO VAULT LOS ANGELES 26,514 4355 HAWTHORNE BLVD TORRANCE 4,000 4356 LAAFB RMA LAND 3,858 4357 PICO BLVD. LOS ANGELEWS 20,400 4363 DUESLER LANE DUESLER ASSOC 36,000 4364 WASHINGTON BLVD. PICO RIVERA 23,265 4375 VAN NUYS BLVD. ARLETA 6,140 4376 OBSERVATORY RD. LOS ANGELES 13,151 4379 E. SOUTH ST. MARKET RECYCLE 1,885 4382 FIGUEROA/JEFF LOS ANGELES 5,995 4386 INDIANA/WASH BNSF 83,456 H" Film WO&2MT mN 541.2 m -A e-n_zom Page 12 of 14 1-31-09 Excel Paving Co. Work Experience May 31, 2007 JOB CLOSED JOBS 2007 SALES NO. PROJECT NAME AMOUNT 3876 PARTHENIA, LA 1.153,774 4C67 DEL AMO BLVD LONG BEACH 393,459 4076 JESSE OWENS PK INGLEWOOD 562,447 4077 CHAPMAN/ST COLL FULLERTON 135,411 4112 BELMONT PIER LONG BEACH 479,513 4113 NO LONG BEACH LONG BEACH 1,673,247 4127 UNION STATION LOS ANGELES 429,149 4154 STS & ALLEYS W. HOLLYWOOD 205,131 4177 COLD CANYON LOS ANGELES 481,211 4179 PE BIKE TRAIL UPLAND 2,418,540 4183 CAHUENGA LOS ANGELES 33,205 4189 AVE OF STARS CENT CITY 465,184 4205 DREW MID SCH LOS ANGELES 1,097,527 4206 107TH ST ES LOS ANGELES 400,544 4207 93RD ST ES LOS ANGELES 348,165 4226 MONTANOSO DR. MISSION VIEJO 163,838 4236 THOMAS EDISON MS LAUSD 814,878 4241 BRACKETT ARFLD POMONA 373,977 4252 W. PICO BLVD. LOS ANGELES 518,766 4255 ROMOLAND CALTRANS 200,540 4260 WESTLAKE VILLAGE 958,868 4264 BELLA TERRA MALL HUNT. BCH 3,166,715 4268 RANCHO CUCAMONGA RANCHO CUCAMONG. 234,424 4272 CHIQUITA BLDG PORTOF LB 6,922,874 4273 UCLA CAMPUS LOS ANGELES 71,597 4281 PALISADES HS 1,942 4285 MARLTON ES LOS ANGELES 278,427 4305 JEFF/CENTINELLA LOS ANGELES 1,486,623 4308 LAX AA MAINT AMERICAN AIRLINES 57,975 4313 SSA PKG LOT CO ORANGE 189,508 4320 CERRITOS PARK GLENDALE 305,537 4323 6TH & PCH HUNTINGTON BCH 16,092 4350 SHEILA ST. BNSF 256,660 4352 PREY MAINT REDONDO BEACH 254,596 4358 EL MODENA ALLEY ORANGE 97,222 4360 BESS/LEORITA KAISER FOUND 300,107 4368 SCHOOLWOOD DR. LA HABRA 170,908 4369 SHERMAN OAKS CNTR KBR SRV 39,323 4378 E. SLAUSON AVE. MARMOL RADZINER 60,718 4381 E. 7TH ST, INTERSCAPE 16,995 4388: PICO BLVD LOS ANGELES 22,255 Hign Fax 2006-2007 Mh '.. -2007 -A F77.1007 Page 13 of 14 I Excel Paving Co. Work Experience May 31, 2007 JOB CLOSED JOBS 2007 SALES NO. PROJECT NAME AMOUNT 4389 UPPER CLOVERLEAF RD MONROVIA 178,395 4390 COLDWATER CYN NO. HOLLYWOOD 10,855 4391 U OF WEST ROSEMEAD 351,139 4392 OLDEN ST. SYLMAR 92,684 4396 BURBANK AIRPORT BURBANK 18,283 4397 DURFEE/MICHAEL HUNT 17,989 4398 DIEMER PLANT MWD 116,205 4399 WARDLOW/CHERRY BOEING 156,900 4400 ELSMERE CARSON 7,780 4402 MOORPARK COLLEGE 91,578 4403 BNSFNWASH VERNON 506,615 4405 HAALAND DR THOU OAKS 148,500 4406 TROY H/S FULLERTON 321,451 4409 MAARKET ST SWR CHLS KING 5,270 4410 LOT A BURBANK ARPRT 47,124 4411 BRAVO BASE REPAIR LOS ANGELES 17,390 4422 PUENTE HILLS LACO SANI 12,500 4423 PIER J-BERTH 247 LONG BEACH 8,200 4428 SIXTH ST. SAN PEDRO 3,200 4432 BURBANK AIRPORT BURBANK 43,500 4441 INDIANA/3RD BNSF 3,900 4447 PIER F LONG BEACH 8,300 HWb y F%b 200G2W7 I - 6J I -2007 - A P27-X)w Page 14 of 14 1-21-09 Bond No. Bid Bond BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws ofthe state of Indiana as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount of the bid Dollars (S io% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction of Tree Petition Streets NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of April , 2010 Witmiess PALP Inc. dba Excel Paving Company Principal (Seal) By: 2, j P, 13ROV1II Name/Title Federal Insurance Company Surety (Seal) Witness By. C4-� 0 - Douglas I app Attorney -in Fact ORSC 21328 (5197) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 04/19/2010 before me, Debra Swanson, Notary Public , (Here inset tame and tide of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(e) is/afe subscribed to the within instrument and acknowledged to me that he/fihe4hoy executed the same in his/4eFAke4 authorized capacity(ies), and that by his4w/4signature(&) on the instrument the person(&), or the entity upon behalf of which the person(*) acted, executed the* instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ::I).� - L�2�Vjoi Signature of Notary Public �1s°Frr� DEBRA SWANSON COMM. # 1822117 NOTARY PUBLlGWFORNA � g ORANGE COUNTY My Comm, F�cpdres 0% 2012 (Notary sew) ADDITIONAL. OPTIONAL, INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tick or description of attached document) (ride or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER O Individual (3) O Corporate Officer . (Fide) O Panner(s) O Attorney -in -Fact O Trustoc(s) O Other INSTRUCTIONS FOR COMPLETING THIS FORM A* adaow1td4mer4 _completed in California must contain verbiage exactly as gpptart above in tit notary section or a separate ad owltdgment fora must be properly cotapdttad and attaahtd to that document The only exception it if a documeW is to be recorded outside of Cal(fornia lot such imianees, any alternative aeinowledgmsnt verbiage m may be printed on such a document so long as the verbkygt dots not require the notary to do something cleat is illegal for o notary in Cal(kvnia (Lt. etrt(fyfrtg the authorized capacity of the signer). Please check the document car%Mly for proper notarial wording and attach this form (f required • State and County information must be the State and County where the document sigmor(s) personally appeared before de notary public for acknowledgment. • Due of notarization must be the date that the signers) petsonnlly appeared which must also be the same date the aoknowtodgment b completed. • The notary public must print his or her name as it appears within his or her eotmmiuion followed by a conuru and then your tide (notary public). • Print the name(s) of document signets) who personally appear at the time of notarization. • radicaw the corrm singular or plush fortes by craving off incorrect forms (i.e. k&VwAWyr is /we ) or circling the correct fortes. Failure to correctly indicate this information may toad to tejoction of document recording. • Tiro notary sea) impression must be clear and photographically reproducible. Improuion must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, odtawise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 4' O Additional information is sot required but could help to ensure this aelmowledgrmont is not misused or auacbod to a different docutncaL O Indicate dtk or type of attached document, number of pages and date. O Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.e. CEO, CFO, Socrecary) • Socuroly attach this documnt to the signori document 2009 Version CAPA 02.10.07 g00-g73-9865 www.NotaryClasses.com ChubbPOWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 B Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Douglas A. Rapp and Timothy D. Rapp of Laguna Hills, California ------ each as their true and lawful Attorney- In- Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereef, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seats on this 16th day of November, 2009. <. I�enne C. Wendel, Assistant Secretary orris, Jr., Vice n1 STATE OF NEW JERSEY ss. ColintofSomerset y On this 16th day of November, 2009 before me, a Notary Public of New Jersey, personally carve Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the Companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swam, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seats affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies: and that he signed said Power of. Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David S. Norris, Jr., and knows him lobe Vice Prestdent of said Companies; and that the signature of David 8. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponents presence. Notarial Seat KATHERINE I ADELAAR 1L NOTAkY PUBLIC OF NEW JERSEYTAR No 2316685 c:.or�miat:io,n ExprrorJuly 16, 2014 tr pis aa to ms Notary Public �YJERg� CERTIFICATION Extract from the By- Laws of FE RAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY. 'All powers; of attorney for and an behall of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, arty Assistant Vice I muioe il, any Seurutary, any Assistant Secrviary and the seed of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomeyor certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shal be valid and binding upon the Company with respect to any bond or undertaking to which it is attached:' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (u) the Companies are duly rcensed and authorized to transact surety business in all 50 of the United Slates of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect - Given under my hand and seals of said Companies at Warren, NJ this April 19, 2010 d i Y t" �worA>iP � : ''Fiertrop�'x /4 Kenneth C- Wendel, Assistant S - tary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS USTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety0chubb.00m Form 15-10- 0225B- U (Ed. 5- 03) CONSENT City of Huntington Beach 2000 Main Street a Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK June 25, 2010 Elite Companies US, Inc. 15321 La Salle Ln. Huntington Beach, CA 92647 RE: MSC-471 Reconstruction of Tree Petition Residential Streets Enclosed please find your original bid bond for MSC-471. Sincerely, J F: pe Enclosure Sister Cities/ididai4icLR&AtretWrq�kkj.go,New Zealand 1 Tele pho ne: 714-536-5227 ) �.- �-��., � �,�U �u� BSc v-�-c u, c_ �4 . 9 z 6 y 7 2010 APR 2 cil Th c) = f iz 6'j''T-1 1-7 c) C77 for the RECONSTRUCTION OF TREE PETITION RESIDENTIAL, STREETS MAINTENANCE SERVICE CONTRACT # 471 00 in the 06 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 PM on April 29, 2010. Bids will be: publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 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 diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, 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. e_i 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 A 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. The Engineers estimate for this project is $ 175,175 BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 8th day of September 2009, by Resolution No. 2009-50. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH SECTION C PROPOSAL for the RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 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 Forty Five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 1511"�) i5vpJN in the amount of $ 1`7 K which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature DISC - 471 Project Bed Schedule ITEMAPPROXIIViATE � UNIT` � . .. NQ. = QUANTITY�1"t � � ITEM-IA(ITH UNIT�PRICES WRITTEN�IN WORDS ' �. ,;PRICE TOT�4L- REMOVE/DISPOSE OF PARKWAY TREES 1 11 AT PER EA I I I- _ I Z Z 70. S REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 3,400 AT PER SF b 7 Z PARKWAY EXCAVATION 0 3 4,750 AT PER SF ' 00 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 11 AT PER Lot Z- (2c) REMOVE/REPLACE WATER METER BOXES 5 12 AT PER EA 1/ 0 0 vi-o CD 3 800 REMOVE/DISPOSE OF CURB AND GUTTER (CURB RAMPS INCL.) �� S� Z-6 y o 6 AT PER LF REMOVE/DISPOSE OF ASPHALT CONCRETE (GUTTER SLOT) 7 750 AT PER LF 3. 5 0 '2-- 62- S_ REMOVE/DISPOSE OF P.C.C. DRIVEWAY 8 1,200 AT PER SF V. "7S . 70 D . REMOVE/DISPOSE OF EXISTING CROSS GUTTER (CURB INCL.) 9 825 AT PER SF _ j•60 67-0 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 10 800 AT PER LF / y - 7 S� J S d ,�Fo CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) 11 1,200 AT PER SF S . �7Z �/Q CONSTRUCT P.C.C. SIDEWALK (per Standard Plan 207) 12 3,400 AT PER SF 3. S� J Z 0 7D CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Detail) 13 750 AT PER LF 7,70 _ CONSTRUCT CURB ACCESS RAMP (CURB INCL.) 14 3 AT PER EA J S-0 Q G15 © CD CONSTRUCT CROSS GUTTER (CURB INCL.per Standard Plan 205) 15 825 AT PER SF 3o y" c7. sits FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 11 Standard Plan 718) PER Lot S 0 16 AT PLACE NEW PARKWAY TOP SOIL AND RESEED 17 11 AT PER Lot /(9 00 // O C-2s MSC m 471 Project Bid Schedule ITEM APPROXIMATE.,, ' NO QUANTITY ITEM WITH_ UNIT,PRICES WRITTEJM IN WORDS ., TOTC► FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 11 Plan 714) � O 18 AT PER EA 4,450 COLD PLANE AT PER SF S 7 S 19 1 T ASPHALT CONCRETE OVERLAY 20 100 AT PER TON 1 r] D ADJUST WATER VALVES 21 4 AT PER EA / V 0 0 ADJUST MANHOLES 22 1 AT PER EA 600 600 Total Amount Bid in Figures: 5(0 6 9 6 So Total Amount Bid in Words: npjr,r i K i, s r SIX S) K L) 0 rri. ►a-(z s ArJ )� T-i F ry C. C" TS . C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class ZIV6-TZSt6 rA L i ` z vri Z S_F 3 5 N fiZ G,9,J ,te e All j . rt 676TgO uo t cA-t- i is `► 02 17 70 i L il. VV i S j- ), SAS C &_jVn, C e 07 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO DE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of E L 11z'j c cam— t>P, i e1� tf S I ^' the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to NOTARY PUBLIC EL Ilk C OVA /)Wi C S 1A Name of Bidder SAnature of "der 115757 1 L Of I- Aj . 14 . & Address of Bidder C' bA L-1 7 me this s day of ADcd , 20 LO. 11 I 11 NOTARY SEAL au �_-- ASIA J. YOUNG Commission # 1822992 zis Notary Public -California zz _ Orange County My Comm. Expires Nov 16, 2012 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 RECONSTRUCTION OF TREE PETITION RESIDENTIAL. STREETS, MAINTENANCE SERVICE CONTRACT # 471 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. J� 1, t fig- C U OA PAPA I S u S, i NC Contractor C0 O Title Date: q- l Ll - Zv► 0 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes b-No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 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. 6LIT6 �.vn�►��r�i�3 uS. r�IL Contractor oS�l�l 1 1f�7Li1�,��i� B c� Title Date: 1-/ - /' i ` 2 -,' 0 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address H . 5Gc� . `� Z �'-17 City, State Zip Telephone Number 93g0�7 A State Contractor's License No. and Class /0--3% -Z00 Original Date Issued r,? - 3/ - 'Lol / Expiration Date The work site was inspected by IZAL Pj+ QAA-Le Z of our office on y 20 /0 The following are persons, firms, and corporations having a principal interest in this proposal: DX1 AvlS f c �: ��G 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. -I�Lifiz C0V%AOAV-JI Companv.Name ignature Printed or Typed Signature Subscribed and sworn to before me this day of f, , 20t 0. 1, 0 n NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Z ((- Name and Address of Public Agency © i3 a X /&,"/ u4-c (t7. 9 z7-0 3 Name and Telephone No. of Project Manager: 6,ZEG, ofZTg4A - 71N - 7 65-- S`l76 t100 1- f I Ivi��1 6,-1 roAJsnzuc/7o^-) y- z0©7- Contract Amount Type of Work Date Completed 2. sA)-O iJ i rG 0 6 u9-S f LLiE-C-7 2 t C _ - 7/0/ f3 t, ✓4, . SC 7 Z <:V Name and Address of Public�Agency P i c.v iz t C,(+ L, (F. qV0- 1066a Name and Telephone No. of Project Manager: Z 16—if-y 1.1 A l\&J - 71 y- 3 Z - ofs/ S" (0 AA- Co,.1S17z4CP01..) Z - z0r0 Contract Amount Type of Work Date Completed )Z e �c.,4 G 3. r A L /,A-,, z'e C 4AI) ; -t, R" t F i c. ifi C- t,S Name and Address of Public Agency 2 L y T / 1�,7 0uC- TA JJ 1 �t� �� y � �-� S v ✓� � J �, CA 92-6 5 � Name and Telephone No. of Project Manager: �p� tw I c- Sf f 1/Z�'- - 7/ L/ -/ P 4izlcC Contract Amount Type of Work i70046,t Date Completed �_vntC- /70,,) 6t'1T'E ' - ZoiO BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this proj ect. Contractor: EL,+7C,, C0MPpX)I LAS, IJC- Contact Person: Tom Ik��Zn� iJ�Z Contact Phone: -7I q - J i& - b I (� Signed:-- 1-7 Date: y- iy - Zol o *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. 4Dsi-g INSCO INSURANCE SERVICES, INC. insc:%1rc3Underwriting Manager for: pg [U D Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 ID BOND BOND NO. n/a KNOW ALL MEN BY THESE PRESENTS, That we, Elite Companies US, Inc. as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of Iowa bound unto City of Huntington Beach in the full and just sum of Not to exceed eighteen thousand and no/100 as Surety, are held and firmly (hereinafter called the Obligee) Dollars, ($ $18,000.00------------- ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS 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, or in the event of the failure of the Principal to enter such Contract, 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 15th Elite Companies US, Inc. Principal ID-1198 (Bid Bond) (REV. 1/01) day of April 2010 YEAR Developers Surety and Indemnity Company Surety 4 S �tia-Bowman Attorney m-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT v aY ,�' �,; • a� - - ri sr e7' mr es ar - er sY ,�� ey- STATE OF CALIFORNIA County of San Diego On April 15, 2010 before me, L. Hahn, Notary Public Date Here Insert Name and Title of the Officer personally appeared S. Smith -Bowman Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personA whose name( Is/are subscribed to the within instrument and acknowledged to me thaH*/she/they executed the same in hiS/her/thak authorized capacity(ies), and that by his/her/thei.0 signature(Q on the instrument the person(, or the entity upon behalf of which the person( L Pe acted, executed the instrument. Commissionn # 1860589 z :-® Notary Public - California �' I certify under PENALTY OF PERJURY under the laws of Z San Diego County + the State of California that the foregoing paragraph is true My Comm. Expires Se 5, 2013 and correct. Witness my han an f - i s I Signature Place Notary Seal Above SignatOr Nota OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):! ❑ Partner — ❑ Limited ❑ General 9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Number of P Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s)— ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item P5907 Reorder: Call Toll -Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725. IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expfessly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint. *** Steven R'. Bonilla, S. Smith -Bowman, A. Watt, Leslie Hahn, Ted Collins, jointly or severally *** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the allomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008. By: I r``t .,AND f��. DAPANY Daniel Young, Vice -President `w? OCT, OCT.5 1967 Stephen T. Pate, Senior Vice -President = pj; 1936 Q n State of California it County of Orange " On August 131h, 2008 before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. comm. # 179160 NOTARY PUBLIC CAUFOMM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COILOW true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Jeirgj, tary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power. of Attorney are in force as of the date of this Certificate. This Certificate isexecutedin the City of Irvine, California, this 15 tWay of April, , 2010 157 By: t regg Okur , istant Secretary ID-1380(Rev.11/09) City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK June 25, 2010 Nobest Inc. P. O. Box 874 Westminster, CA 92684-0874 RE: MSC-471 Reconstruction of Tree Petition Residential Streets Enclosed please find your original bid bond for MSC-471. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Citiq-,.�{o /c6�lr t/re"1#aW.tiocNew Zealand (Telephone: 714-536-5227) �� ��f y C'��K C�Q �un�ngfah �P��l SECTION C PROPOSAL, for the RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 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 Forty Five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, findin the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidde 's Sin re 1 MSC a 471 Project Bad Schedule ,"o-� 3 TITX , n '- � 1i1NITHE1 m. �51A/RITTEIV INK WORDS' 11 AT O PETb--4Sl d, `-W8 94 Vi� /DISPOSE OF PARKWAY (/uE fr PER EA !j2[. . Aux c' 1 3,400 REMQQVE/DIS OSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) (f��^ A l eBl'l`S PER SF�) oc 2 AT GNU 4,750 PARKWAY EX,,;AVATIO AT One 0,40,P ge(edlf$' PER SF 3 11 REMOVE/REPLACE I RIG TION SYSTEM IN PARKWAY ' �R/ � p % 4 AT OAP k 4x, �/ Pglllt7l,. PER Lot 12 REMOVE/R PLACE WA�jE� METER BOXES Oye PER EA 5 AT q�trF'i !/%!l"rl 800 REMOVE/DISPOS CURB AND GUTTER CURB RAMPS INCL.) ( 1 .. 6 AT t�?C? !/c 6'Ji PER LF 750 REMOVE/DISPO E OF ASPHALT CONCRETE (GUTTER SLOT). PER LF 7 AT, fiC'�t�l� 1,200 REMOVE/DISPOSE OF P.C.C. DRIVEWAY PER PER SF 0`= 8 AT 825 REMOVE/DISPOS�7 OF EXISTING CROSS GUTTER (CURB INCL.) PER SF,5� _ 9 AT`/`UL�U 800 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) -r4j/-,�PER LF r 10 ATr�j`PIS" , 1,200 CONSTRUCT P C/.C. DRIVEWAY (per Standard Plan 209) C 11 AT ' / � l��l'/ �y PER SF 3,400 CONSTRUCT P C��.��C. SIDEWALK (per Standard Plan 207) �G�llCj%S PER S F ; 6^0 12 ATt'iCr / 750 CONSTRUCT A%HALT CONCRETE (GUTTER SLOT per Detail) �(T (�t%i PER LF o ^ 13 AT r--4 3 CONSTRIyqT CURB AC ES, R7 MP (CURB INCL.) l�lG%('4h���/S' PER EA � �? 14 AT f�T r j 825 CONSTRUCT GUTTER (CURB INCL.per Standard Plan 205) SF /0 ' 15 ATPUI JJPER Jt� 11 FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per Standard Plan 718/�° �? �?,Q AT r1f14 iC7�t Fr X7-(1 PER Lot 16 11 PLACEAND RESEED 5 � 17 �OL AT I� /% L10 fl PER Lot I �CAC� C-2s MSC - 471 Project Bid Schedule ITEM' :' .. , ; _ .:n UNIT ,... NO , ,, ~APPROXIMATE wQUANTITY; ,. ITEM WITH UNIT PRICES WRITTEN, IN, WORDS M.r PRICE, ;TOTAL~ 11 FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard Plan 714) AT TW 0 11413L�/'PCl/all4f 6' PER EA PAR. 18 4,450 COLD ,?�PLAN AT OP a lQi my 7hl�t PER SF �{ d� �. 79� QG 19 100 17' ASPHALT C NC ETE OVERLAY Ardm 20 AT jJ I/'} /iU�l?/ PER TON 4 ADJUST WATER V LV V 4(6 EA #tG',IV 11 21 AT illf PER 1 ADJ�TMANHOLES /� //� AT p%[/l1/S' PER EA 22 Total Amount Bid in Figures: 1 5 1 r ` Total Amount Bid in Words: 1017e (i . /'e -,Ea 7hek§�h 0 QlS C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name andAddress o Subcontractor:. State license`s Class.', f of WorkAq&7 L0n1,q7'q rO 14 �J ��1VuriiBer 'e""I -V�ee Andei-M 992 X� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly s,,yorn, deposes and says that he or she is of No t7PS� the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Address qf BicWer 01 Subscribed and sworn to befole me this C5Zj day of -A Ifif't-, 20 / D 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 RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 471 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Title Date: 1 �ag-1U DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes 0-'No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 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. ('nntra�tnr Title Date: � g 10 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: �flb>n + �" 6fpo. j Atom) Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name %�014CClGfzl,- Ale. Business Address �rcrl?q 61Dl/e, �, ' ��Al city, (71g) gyp IM Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date State Zip The work site was inspected by d" `"1 ke LeWl i of our office on i"d 201 U. 11 The following are persons, firms, and corporations having a principal interest in this proposal: 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 ON L Signat c iVMVCGMftM0=JW0)3.2'013 C M.01052452 Printed or Typed Subscribed and sworn to before me this NOTARY PUBLIC Nff 17 ;n ture 'jJdl ay of 92000 . NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. se'e q thi��"4Pc% 0 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed REFERENCE LIST Page 1 No. 1 Project Name/Number.. Maintenance Service Agreement Project Description: Remove and Replace Concrete at Various Locations Approximate Constriction Dates: From: 10/2008 To: In Progress Agency Name: City of Westminster Contact Person: Todd Miller Original Contract Amount: $610,550 No. 2 Telephone: (714) 681-3020 Final Contract Amount: In Progress Project Name/Number. Neighborhood Presidential St. Imp. Various Locations 08-003 Project Description: Concrete R & R Street Imp. Cold Planing, and Overlay Approximate Construction Dates: From: 10/2008 To: 3/2009 Agency Name: City of Huntington Park Contact Person: Pat Fu Telephone: (323) 584-6253 Original Contract Amount: $646,000 Final Contract Amount: $770,000 Page 2 No. 3 Project Name/Number. ARRA Street Improvements Project Description: Concrete Construction, Coldmill, and Overlay Approximate Construction Dates: From: 3/2010 To: In Progress Agency Name: City of Huntington Park Contact Person: Pat Fu Original Contract Amount: $1,599,981 No. 4 Telephone: (323) 584-6253 Final Contract Amount: $ In Progress Project Name/Number. California Avenue Rehabilitation ESPL-5108(096) Project Description: Concrete Construction, Striping, Overlay, Tree Pruning Approximate Construction Dates: From: 1/2010 To: 4/2010 Agency Name: City of Long Beach Contact Person: Dan La France Telephone: (562) 577-8339 Original Contract Amount: $421,000 Final Contract Amount: In Progress N®BEST REFERENCE LIST Page 3 No. 5 Project Name/Number. Annual Sidewalk Curb & Gutter Improvements Project Description: R & R Concrete Sidewalks, Curb & Gutter and Alleys Approximate Construction Dates: From: 10/2008 To: 12/2009 Agency Name: City of Long Beach Contact Person: John Dela Cruz Original Contract Amount $8,000,000 No. 6 Telephone: (949) 521-9847 Final Contract Amount $6,216,268 Project Name/Number. Improvements of Alleys @ Various Locations Project Description: Remove and Replace Concrete Alleys Approximate Construction Dates: From: 3/2008 To: 6/2008 Agency Name: City of Huntington Park Contact Person: Pat Fu Telephone: (323) 584-6253 Original Contract Amount $354,019 Final Contract Amount: $ 354,019 I, °*19"WI r Page 4 No. 7 Project Name/Number. Annual Sidewalk Repair at Various Locations Project Description: Remove and Replace Concrete Approximate Construction Dates: From: 6/2008 To: 12/2009 Agency Name: City of Anaheim Contact Person: Dennis Vasquez Original Contract Amount: $1,260, 600 No. 8 Telephone: (714) 765-6936 Final Contract Amount: $ 1,000,000 Project Name/Number: Annual Cross Gutter Repair at Various Locations Project Description: Remove and Replace Concrete Approximate Construction Dates: From. 6/2008 To: 12/2009 Agency Name: City of Anaheim Contact Person: Dennis Vasquez Telephone: (714) 765-6936 Original Contract Amount: $1,101,688 Final Contract Amount: $1,101,698 BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this proj ect. Contractor: Contact Person:�^�^7J�� L� Contact Phone: `71 L4 S Signed: C_ Date: *Note: The above certification is requi�ed by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MSC-471 April 19, 2010 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) All bidders are to acknowledge that the new wage determination number CA20100035, issued 04/16/2010, shall be used for this project. This is to acknowledge receipt and review of Addendum Nun Company Name 10 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Eric Charlonne at (714) 536-5431. Bond No. Bid Bond M- The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we ', Nobest Incorporated as Principal hereinafter called the Principal, and ULLICO Casualty Company a corporation duly organized under the laws of the state of Delaware as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten percent of the total amount bid Dollars ($ l 0% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction of Tree Petition Residential Streets NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this ORSC 21328 (5/97) Witness 23 rd day of Nobest Incorporated April 2010 Name/Title ULLICO Casualty Cpmpany Surety (Seal) Witness By: M ew J. Coats Dw�rnty-in-Fail '4. RAID1 ty tt-lw o'XLTI "AMPE 140101eitl State of California County of Orange On 'L-L - 20t - ly before me, Kay E. Anderson/Notary Public , (Here insert name and title of the officer) personally appeared Larry Nodland who proved to me on the basis of satisfactory evidence to be the personXwhose nameWis/subscribed to the within instrument and acknowledged to me that he/ /f11I. ,executed the same in his/jl~authorized capacity j, and that by his/1ef/dwir signature�on the instrument the person; or the entity upon behalf of which the personSacted, 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. and official seal. of Notary Public (Notary Seal) tt�YE. COMM. #1852452 0 tsa ® r ORAWACOUWY mry t;,ertmm. Ezprt.a.ke+a t3, zota `' CC ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,,(Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ® Corporate Officer President (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (Lecertifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach thisform if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/the), is lain) or circling the correct fora. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. r,. Indicate title or type of attached document, number of pages and date_ } Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9965 www.NotaryClasses.com State of California County of Orange On APR 23 2010 Mini ,,• RF 011 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefs� executed the same in his"rrte'r it authorized capacity(ies}, and that by hisf#erltheir signature(s) on the instrument the personH, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . ADELAIGE C. HUNTER Commission # 1808793 • "� Notary Public - California Orange County Signature My Comm. Expires Aug 8, 2012 ULLICO Casualty Company 1625 Eye Street, N.W. Washington D.C. 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That ULLICO CASUALTY COMPANY (the Company), a corporation organized and existing under the laws of the State of Delaware, does hereby constitute and appoint: Linda D. Coats , Matthew J. Coats , Douglas A. Rapp , & Timothy D. Rapp of Linda D. Coats Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July, 2009. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF ULLIC 9 CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this day of C. 20 /O . �,��1ttElTiil�! suarr1',A L7 C �2> SGAl •• SIDENT 1979 AW#' Daniel Aronowitz fiflfls� r tv�tt�.. President ULLICO Casualty Company, a Delaware Corporation. ttla• On this 16th day of July 2009, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. ICIZ Notary Public CATHERINE M. OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21, 2012 CERTIFICATE I, Teresa E. Valentine, Senior Vice President, General Counsel and Secretary of ULLICO Casualty Company, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect. I do further certify that that Daniel Aronowitz, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16°i day of July 2009. Teresa E. Valentine Senior Vice President, General Counsel & Secretary ULLICO Casualty Company City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK June 25, 2010 Hym Engineering, Inc. 6380 Roland Streeet Buena Park, CA 90621 RE: MSC-471 Reconstruction of Tree Petition Residential Streets Enclosed please find your original bid bond for MSC-471. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Citigs«akr4Wc6p"t/pe&YA �(6w.ti,,J,�ew Zealand ( Telephone: 714-536-5227 ) 4.W . 0 V 416 6� 6. 1 6 1 1 IV C I T Y C LE RIK CITY OF Hum,mr.ic"i'o,�ii UEACH City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For RECONSTRUCTION OF TREE PETITION RESIDENTIAL MSC-471 April 19, 2010 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: STREETS 1) All bidders are to acknowledge that the new wage determination number CA20100035, issued 04/16/2010, shall be used for this project. This is to acknowledge receipt and review of Addendum Number One, dated April 19, 2010. HYM C-71°J-1ree l�yw, zic. Company Name By Z/ zq r2D/c� Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Eric Charlonne at (714) 536-5431. SECTION C PROPOSAL for the RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 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 Forty Five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find gdV-S �"J in the amount of $ %` 00 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature MSC a 471 Project Bid Schedule ITEM :APPROXIMATE UNIT" ITEM WITH,,,UNIT PRICIE-$ WRITTEN IN WORDS 4 ;;M,PRICE TOTAL , 11 REMOVE/DI POSE OF PARKWAY TR ES / l 1 AT f dldf yPER EA /.�('C7 �2 /00 REMOVE/DISPOSEAOF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 3,400 � �O ��� cc 4,750 PARKWAY EXCAVA�%I,�ON AT `ry,0 d4la1' PER SF 2, �a 9, 5 01D 3 11 REMOVE/ EPLACE IR GA ION SYSTEM N PARKWAY y PER Lot 3 5O _ 5 0 4 AT , {t of�q 12 REMOVE/REP AC W TER METES - PER EA 1570 5 AT C 800 REMOVE/DISPOSE OF9URB AND GUTTER (CURB RAMPS INCL.) SeffekI �a 00 �i 60® 6 AT v%lad' PER LF 750 REMOVE/DISPOSE Of ASPHALT CONCRETE (GUTTER SLOT) PER LF �. "`� 3, ce® 7 AT oflar 1,200 REMO E/DI POSE OF P. .C. DRIVEWAY PER SF 3,, 6( 0 8 AT � 825 REMOVE/DISPOS OF EXISTING CROSS GUTTER (CURB INCL.) PER SF 2• a Z� O2 9 AT is v fi e y CONSTRUCT P.C.C. CURB AN,0 GUTTER (per Standard Plan 202) 10 800 AT ev- PER LF "�, "� 1,31 Goo CONSTRUCT P.C.C. DRIIYEWAY (per Standard Plan 209) 11 1,200 AT S2(" rJ01114k PER SF 3,400 CONST UCT P. .C" SIDEWALK (per Standard Plan 207) 3• �� q00 12 AT o PER SF 750 CONSTRUCT ASP ALT CONC ETE (GUTTER SLOT per Detail) 13 AT �S�}�/�cf- PER LFj-"`� 3 I CONSTRUCT CURB A CESS RAMP ( CL.) -Ztoo 14 AT [ �'UR ER EA 825 CONSTRUCT CROSS rpUT,TER (CURB INCL.per Standard Plan 205) PER SF r� 15 AT FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 11 Standard Plan 71 ) 40//0' 2/ - ,57C) 16 AT PER Lot 11 PLACE -NEW PARK AY TOPS IL N RESEED AT PER Lot 17 �"/!/� Uyi��4��1��✓ C-2s MSC a 471 Project Sod Schedule ITEM �� APPROXIMATE .. y. .. rn" , ITc" NTITY. `ITEM WITH UNIT PRICES WRITTEN IN,WORPS -� r �_ ,. �ICE TOTAL FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 11 Plan 71 ) PER EA 18 AT 1Wd 4,450 COLD PLANE PER SF �y 19 AT 100 17' ASPHA T C NCRETE OVERLAY PER TON 20 AT o 4 ADJUST WATER YALVES AT t p�v��� y-- PER EA j�� Ii70 21 1 ADJUST MANHOLES ,/ AT ` PER EA ,^� 5"c 22 ' raL Total Amount Bid in Figures: Total Amount Bid in Words: C� / C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 2 SL CA01HO ASPHALT mon c 9 9 i 9-3 12 i , 16 �P��� T�Eti 5�►�v t�� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange A)-A.Aam J, J:�-a)i , being first duly sworn, deposes and says that he or she is PLeTdr-,,}r-t— of f Nl e5;! 4 jrnee �, 7-.c the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. HYM &w-mey-m�- Name of Bidder Signature of Bidder Ryl 9xa Pn)kl CA ` 49ey% Address of Bidder Subscribed and sworn to before me this .29'ij'' day of ,A K/ , 20 /0 . NOTARY PUBLIC NOTARY SEAL CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On L-2q �jv before me, Hak Su Kim, Notary Public (Here insert name and title of the officer) personally appeared Abraham J. Jeon who proved to me on the basis of satisfactory evidence to be the person(-) whose name(&) Is • subscribed to the within instrument and acknowledged to me that Ohe4hey executed the same in is ' authorized capacity(-i€s); and that by is ' signature(-s) on the instrument the person(), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal 4�4004A044f i40i4�N4N��440i�N�0000400Ae4 HAK SU KIM ZZD COMM # 1882541 m LU NOTARY PUBLIC • CALRRNIA LOS ANGELES COUNTY a My Commissfon Expkes Match 13, 2014 i/ ,ice �/ 00000�0 HM�00600000��0�0444009M0660P0 (Notary Seal) Signature of Notary ruokku AIDDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/lhe3- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com 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 RECONSTRUCTION OF TREE PETITION RESIDENTIAL, STREETS, MAINTENANCE SERVICE CONTRACT # 471 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. H YM Contractor By Title Date: # -4 —%'olw DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes OdNo 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. 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. HYM , ri c. Contractor Title Date: BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: M YM al i YI Yc 2�� Vt Bidder Name ,13eo Polcxo d s+ree t-- Business Address I'Mna Lore CA City, State Zip ( �7/) SD-3 -- -.)3 %-� Telephone Number 919130 09 State Contractor's License No. and Class Original Date Issued /-3/- )-0/0 Expiration Date The work site was inspected by S JPOM of our office on AW(I 20LO The following are persons, firms, and corporations having a principal interest in this proposal: �. / A/IRA r s Zo 10, 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. H'(M Zvi Yl2er�n i71 c- Company Name- Signature of Bidder AhWi, i i u . J�?cr Printed or Typed Signature Subscribed and sworn to before me this day of A Y, J , 20 10. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. ame and Address of Public Agency Name and Telephone No. of Project Manager: P'oL.. gtrb-r, -e 'm/-< �� Contract Amount Type of Work Date Completed 2. 6�o 3o& Arm _-20 C-jVF6 r1oza 2k, Lk Am , C'A 9>!©/ Name and Address of Public Agency a Name and Telephone No. of Project Manager: r-d -row %2 t- c�y� - -4i�80 / , f 97 3'4 V ,kA hiiA-9 Contract Amount Type fo Work Date Completed ame and Address of Public Agency Name and Telephone No. of Project Manager: .S`cct- ` anaa am 'g,/w, 9/d. r - S`kuwk ro-PAn ck<w 17- -7 --xoo 9 Contract Amount Type of Work Date Completed CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On a before me, Hak Su Kim, Notary Public (Here insert name and title of the officer) personally appeared Abraham J. Jeon who proved to me on the basis of satisfactory evidence to be the person(-s) whose name( 1s • subscribed to the within instrument and acknowledged to me that executed the same in is authorized capacity(ies)-, and that by(E)heR44e4 signature(-s) on the instrument the person(s), or the entity upon behalf of which the person(o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 40000e0e0e10000♦0040S4A00y0000e0000e00e0e00? COMM # 1882541 m WITNESS my hand and official seal. LU Q NOTARY PUBLIC •CALIFORNIA � LOS ANGELES COUNTY s My Commission Expires March 13, 2014 g Q � // /�� �� � 400000 OOe00000000000♦00000040e40000000 Signatur of N� tary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they—, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryCIasses.com BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or �1,�• Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this proj ect. Contractor: �JM C--Aq inee_r 1,J ; Ty1 c_ Contact Person: ,467,,,bam j- j;-zvr Contact Phone: VZ/ Signed: _ Date: *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No. N/A KNOW ALL MEN BY THESE PRESENTS; that we HYM Engineering, Inc. 6380 Roland Street Buena Park, CA 90621 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and Western Surety Company a corporation duly organized under the laws of the State of SOUTH DAKOTAas Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obiigee, in the sum of (10%) Ten percent of the attached bid amount ( 10% of bid amount ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction of Tree Petition Residential Streets, Maintenance Service Contract #471 (Here insert full name, address and description of project) 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 ,00d and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed on April 27, 2010 HYM Enaineerinci, Inc. (Witness) (Witness) Irene Luong (Principal) (Seal) ffl estern S4rqty Pmpany _ S t� (Seal) (Tit St pha ie Pham Attorney -in -Fact AIA DOCUMENT A310 BID BOND ALA V FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF .ARCHITECTS, 1735 N.Y. AVE., N.W. WASHTNGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. CALIFORNIA ALL-PURPOSE s s ®. ®, ACKNOWLEDGMENT STATE OF CAUFORNIA Counter of Orange On I19-1 ' 1 (3 before me, Irene Luong, Notary Public Bate Here Insert tame and Title of fhe Officer personally appeared Stephanie Pham Name(s)pf-Si'gner(s} IRENE WONG Commission if+ 1883838 Notary Public - California Orange County My Comm. E res Mar 22, 2014 who proved to me on the basis of satisfactory evidence to be, the person(s) whose name{s) is/are subscribed to the within instrument and; acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/hedtheir sig€ Ature(s) on the instrument the pperson(;s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify. under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and Gorrect. Witness my hand a fificial a Signature Pace Notary Seal Above Si"ure of Wotary P-0ic- 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 farm to another document. Description of Attached Document Title or Type of Document: Document Date. Signer(s) Other Than Named Above; Capacity(ies) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ individual El Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact - ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑Other: Signer Is Representing: Number of Pages: Signer's Name. - El Individual ❑ Corporate Officer— Titles) ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C 2007 National Notary Association • 9350- De Soto Ave.. PO. Box 2402 •Ghats North. CA 91313-2402 + www.Nationa]Nolary.org Item #5907 Reorder: Cal! Toil+ree ;-S00.876-6827 j � 1 d ! rf' POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Eric Lowey, Mark Richardson, Shawn Blume, Stephanie Pham, Individually of Costa Mesa, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In 'V3'itness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hcaeto affixed on this 28th day of January, 2010. s�fT1 WESTERN SURETY COMPANY =Wi4 f j➢- 2 �TN OpwwK��P` ,,.'"`� Paul 4f.Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 28th day of January, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +"SSSesss55g555a5asaay5ti5 } a D. KRELL r November 30, 2012 i SEAt NOTARY PUBLIC SEAL s s SOUTH DAKOTA s ♦�.hs555555�a�.a55ahssy�.�s5 � D. Krell, No ay Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof f have hereunto subscribed my name and affixed the seal of the said corporation this 27th day of April 2010 WESTERN SURETY COMPANY ,t:;VVtETy w„ (Dy. E L. Nelson, Assistant Secretary Fonn F4280-09-06 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 1112-% �_V/b before me, Hak Su Kim, Notary Public (Here insert name and title of the officer) personally appeared Abraham J. Jeon who proved to me on the basis of satisfactory evidence to be the person(-s) whose nameo4oXafe subscribed to the within instrument and acknowledged to me that executed the same in is er * authorized capacity(-ies}, and that by(goien4h& signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Yeoaeaeoeeoesoseeeeeeeeoeeeeeeoeeooaaoeaq HAK SU KIM z� COMM # 1882541 m WITNESS my hand and official seal. W NOTARY PUBLIC -CALIFORNIA oin ANGEL re coutar, Qjj My Commission Expires March 13, 2014 OOOeeoO eee0000e00e4400000aa44aee4044iO4 / �--- - Signature of N '' Publi (Notary Seal) ADDITIONAL. OPTIONAL, INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/the},, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. . Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 25, 2010 S. J. Grigolla Construction Co., Inc. 2639 Sierra Way La Verne, CA 91750 RE: MSC-471 Reconstruction of Tree Petition Residential Streets Enclosed please find your original bid bond for MSC-471. 1'i awl Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Citi(as/fd c6v&At/?e&Yaiti6kPd.®odNew Zealand ( Telephone: 714-536-5227 ) ZZ, 'n RZ F i7l 20,10 APR 29 PM 1: 30 SECTION C PROPOSAL, for the RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 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 Forty Five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 11 REMOVE/DISPOSE OF PARKWAY TREES' a. " AT two- (r•JNd-A0-4 PER EA ! ZOCS' (V.�) 2.0b 'r 3,400 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) AT J E ((Rr-. PER SF (, �%-" • " 0 4k0 4,750 PARKWAY EXCAVATION AT 06A dl.o AQI% PER SF , %- W?c5' c) 11 REMOVE/REPLACE IRRIGATION SYSTEM IkJ.PARKWAY AT ION44,e -, 6Jrf a -ec W,, 4-4 i,* PER Lot _ o 12 REMOVE/REPLACE WATER METER BO ES AT 0N6 -k oNd.A cQ tWeaJf'y � JS PER EA (!Z,j ,' 1600, e " 800 REMOVE/DISPOSE OF CURB AND GUTTER (CURB RAMPS INCL.) " o AT �i'GuJ I�,O((69' PER LF U p, " 750 REMOVE/DISPOSE OF ASPHALT CONCRETE (GUTTER SLOT) p4 C O AT PER LF 1,200 REMOVE/DISPOSE OF P.C.C. DRIVEWAY AT fu.J0 d,0 a ft�) PER SF o • 4�' o 0' J " 825 REMOVE/DISPOSE QF EXISTING CROSS GUTTER (CURB INCL.) 40 A0&5 PER SF c Q AT 4V50 800 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) ®. " AT f d�I'G?.�1 dro C(F�'n PER LF 1,200 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) (%'mS PER SF C i " qo0 AT �AeUe4l Ao 3,400 CONSTRUCT P.C.C. SIDEWALK (per tan rd Plan 207) AT $ Gib (�A�`� �1'n(°�� r PER SF e 750 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Detail) AT 4 ef d,0(`PfAL, PER LF 3 CONSTRUCT CURB ACCESS RAMP (CURB ) AT jo� - fUOtl d2a.^ d, (rs6 hutJgk4e , [ ( )'ER EA C -�)-% G:) y' 825 CONSTRUCT CROSS y�TTER (CURB INCL.per Standard Plan 205) M1f d vt Mrs 5 PER SF d . AT FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 11 Standa d Plan 71 �)�r AT j us - �(,NJf."& PER Lot Soo r 4 ► " 11 PLACE NEW PARKWAY TOPS L D RESEED If11k 4 A tj 9dAgcL PER Lot AT c�0,. C-2s MSC - 471 Project Bid Schedule FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard ' 11 Plan 714)/_ AT 4;hw"!( juduGL,. '�W&J'((f-ef'<%f,- PER EA 18 19 4,450 COLD PLANE C AT ®t(6 -,ad tG9r, �1'[ tj - 66 kfft� PER SF 100 17' ASPHALT CONCRETE OVERLAY G AT�1JN ��fe4+1, PER TON 20 4 ADJUST WATER VALVES L AT (5W6' �dUdf� c �� J PER EA 21 ge«ST 1 ADJUSTLES k\PER EA 22 A1 iHO c uy&-%e6L Qr� Total Amount Bid in Figures: { Total Amount Bid in Words: 6090 ect !t, /V/ t �/'V �l� r f � �V vV� i 11•�� f/ v -7500 e Sao- Cr Goo.— 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 AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 13;&hjW�, i4atX in the amount of $ c vo . ®- which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received_ Bidd 's Si nature /10. 1 q4-& Ito / LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portions of Work Name and Address of Subcontractor,- . State License Number ' Class .J1 .0 %� n. nA 5 -7« PJW .9 6 . d . fin`^ r-- Ito ff / i�rL f dl -_T'4'_. )1 (let. ()C 31 %mot �J/ CGS m S 01 oawlZ ageSS rVRA6&-J4A ROE. a014`�R r Ob D 9' By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMIT'T'ED WITH BID State of California ss. County of Orange 64',eJ6eJ J- &n 641tft , being first duly sworn, deposes and says that he or she is -6 of J 1, 6 nt Da## OWA4- Co..tAf&,the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has , not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. S) Gr igolla Const. Co., Inc. 2639 Sierra Way Name of � �i2356-A &B Signature of Bidder Address of Bidder LR P*'UV &4 A0 Subscribed and sworn to before me this .- % day of T , 20 / b . NOTARY PUBLIC ) K. a , tJALAL 5794 K. NO ARYPU C,AUFORNIA J A lrELEG GO}JNiY Feb )i 2013 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 RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 471 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. :: ?—re-1-1a I i J (�__ 0 + Title Date: /O DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes WIN' o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 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. I: I'*,- �1-1-f�?"ILV)-� Title Date: l� 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: A/ la Sj Grigolla Consl. Co., Inc. 2639 Sierra Way 121.101!ne Q. 9175;n Contractor Lic. # 462356-A &B By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: IC .0MV0174 Business Address City, State Zip C�> 5R 0s Telephone Number State Contractor's License No. and Class q -\�s 1? Original Date Issued C� - aD ----1 D Expiration Date di�1 a�6 r') The work site was inspected by jrzo&) �T 64i' -/*f our office on 04P , 2010 The following are persons, firms, and corporations having a principal interest in this proposal: d¢e,(Id o69 - $ec, 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. Printed or Typed Signature K. K U -A CONVA41835794 Subscribed and sworn to before me this ,�C day of �! , 20' (� �� . c y , iC. CALIFORNIA u LOS nNC-,. LESCOUNTY � NOTARY PUBLIC "ky Ua ni x re,Feb. z;, 2013 :x «_ NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager:��� 1 4. .C- Con ract Amount j 2. (" ii, i r,J(:\ I nit r,- Name Address of F v Type oflWork .`1' 0 - 1 0 Date Completed Name and Telephone No. of Project Manager: C 3Pm NAk_f! Contract Amount Type of Work Date Completed �. Name a d Address of Public Agen" Name and Telephone No. of Project Manager: co Contract Amount Type of Work Date Completed BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: eff0 eoo!64% Z416 - Contact Person: (1, 6 A , a,b1119 Contact Phone: Signed: Date: /�49 t® *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MSC-471 April 19, 2010 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) All bidders are to acknowledge that the new wage determination number CA20100035, issued 04116/2010, shall be used for this project. This is to acknowledge receipt and review of Addendum Number One, dated April 19, 2010. SJ Grigolla Const. Co., inc — 2639 Sierra Way Company Name La Verne, Ca. 917510 By �.,?s� ��•,�d// �e8 , Lic. # 462356-A &B Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Eric Charlonne at (714) 536-5431. THE AMERICAN INSTITUTE OF ARCHITECTS Bond Number: SJGRI-44 KNOW ALL MEN BY THESE PRESENTS_ that we S.J. Grigolla Construction Co., Inc. 2639 Sierra Way La Verne CA 91750 as Principal, hereinafter called the Principal and SureTec Insurance Company 3033 5th Avenue, Suite 300 San Diego , CA 92103 a corporation duly organized under the laws of the State of Texas as Surety, hereinafter called the Surety; are held and firmly bound unto City of Huntington Beach 17371 Gothard Street, Huntington Beach, CA 92647 as Obligee; hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% of Amount Bid ) / for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Reconstruction of Tree Petition Residential Streets - Maintenance Service Contract #471 NOW, THEREFORE, if the Obligee shall accept the bid of the .Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such; bond or bonds as may be specified in.the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shalUbe null and void, otherwise to remain in full force and effect. Signed and sealed this 27th day of April, 2010 �d Gri la e ruct 61ia!Cc (� (PnncipaQ (Seal) (witness)� (Title) SureTec Insur ce Company Surety) {Seat) (Witness) Daniel Huckabay (Tf1e orney-in-Fact AIA DOCUMENT A310 -BID BOND • AIA ®• FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y_ AVE., N.W., WASHINGTON, D.C. 20005 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �,--�• d- eyr- e- �• ey ��• max°' ���• �• .a• as�ace?• y>�- .r, -�• : � .s .v-- �.• STATE OF CALIFORNIA County of Orange } On 4/27/10 before me, Arturo Ayala, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Daniel Huckabay Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the •'. , ARTURO AYALA person(s), or the entity upon behalf of which the person(s) COMM. #1876570 < Notary PublicCallfornla acted, executed the instrument. . ORANGE COUNTY Mycomm.Expiresian 10,2014. 1 certifyunder PENALTY OF PERJURY under the laws of the Stae of California that the foregoing paragraph is true and correct. Witness my hand Signature Place Notary Seal Above Sig ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 4/27/10 Number of Pages: One Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Daniel Huckabay ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General G9 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: O 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa]Notary.org Item H5907 Reorder Call Tall -Free 1-800-876-6827 Bond No. SJGRI-44 POA #: 510023 SureTee Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas; and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Arturo Ayala, Ralph Eidem Jr., Daniel Huckabay . its true and lawful Attorney -in -fact, with frill power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship. to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/12 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20" of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. SURETEC INS CE COMPANY 1 w u, y ` B.J. Ki , resident State of Texas ss: `' County of Harris s •... `' On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Whelle Denny ♦ R Su"_iu-/+far pwft AU Michelle Denny, Notary Pt tic My commission expires August 27, 2012 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is sti11 in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 27 th day of ADril , 20_lk_, A.D. a /� ZJX/M"7_A� M. BrentBe'aty,—Assistad Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT State of California t County of 149 ,1 On Y- I 24!)/rJ before me, Date (� personally appeared _ stty-t K. K. DALAL q COMM. #1835794 NOTARY PUBLIC - CALIFORNIA (; ba LOS ANGELES COUNTY Ci My Comm. Expires Feb. 21, 2013 rsc Place Notary Seal Above Mere Insert Name and Title of the OiCA who, proved to me on the basis of satisfactory evidence to be the person(o whose name(t) is/afe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her•/their authorized capacity(ies), and that b his/hedtt*r signature( on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signal 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: 8-1 C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUM'PRINT . OF.SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHOFTTHUMBPRINTSIGNER _ City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 25, 2010 KORMX, Inc. P. O. Box 688 Walnut, CA 91788 RE: MSC-471 Reconstruction of Tree Petition Residential Streets Enclosed please find your original bid bond for MSC-471. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citi�tcj�idatlPei�ffic�+laoew Zealand ( Telephone. 714-536-5227 ) F 0 r�z� � r �h� h ,� rL _ . _ n r� cn . ��, ,. ��. SECTION C PROPOSAL for the RECONSTRUCTION OF 'TREE PETITION RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 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 Forty Five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. r If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find L d Pbo u A in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No.. Date Received Bidder's Si nature 42 MSC - 471 Project Bid Schedule ITEM APPROXIMATE UNIT "-f "' QUANTITY_, NT Pd i-TEM Q WITH PRICES -WRITTEN kN.W RP$ Q ",'PRICE� -TOTAL REMOVE/DISPOSE OF PARKWAY TREES 11 AT rhe -f�aga.h J *D K,(-Glrtd f-if�W.n -J,)tt6kr; PER EA CIC, 3,400 REMOVE/DISPOSE OF P.C.C. SIDEWALK (CURB RAMPS INCL.) 2 AT Oo-e &L[" a" jw-&PER SF 4,750 PARKWAY EXCAVATION AT -hm-) fi PER SF '2 - 3 riongr-L_L�vwl' 11 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 AT n\if KuK.&� -c4 jo[iE�-rS PER Lot 12 REMOVE/REPLACE WATER METER BOXES 5 AT ()X)fl (Jo([OurS PER EA 60 800 REMOVE/DISPOSE OF CURB AND GUTTER (CURB RAMPS INCL.) 6 AT �r cto(iov,5 PER LF REMOVE/DISPOSE OF ASPHALT CONCRETE (GUTTER SLOT) 7 750 AT -ftk)b A C) [w s PER LF 1,200 REMOVE/DISPOSE OF P.C.C. DRIVEWAY -KA)Q PER SF 8 AT (10'tt a'rS MOO REMOVE/DISPOSE OF EXISTING CROSS GUTTER (CURB INCL.) 9 825 AT +b �° & t,t a"r s PER SF 800 CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 10 AT ve cir)tkir5 PER LF 2- 0, L-x) 0 1,200 CONSTRUCT P.C.C. DRIVEWAY (per Standard Plan 209) AT -� Jdt6y-S OL*C) 1ALki fi SF -Lo- 5-/ (OD 11 CIAI�ER 3,400 CONSTRUCT P.C.C. SIDEWALK (per Standard San)12 AT jp�(hrSpSLtp�fiLLzvPER SF 750 CONSTRUCT ASPHALT CONCRETE (GUTTER SLOT per Detail) AT -fbuy- I a, r,; PER LF 13 cU 3 CONSTRUCT CURB ACCESS RAMP (CURB INCL.) AT111J) a JVD 1KavtLvW- JottaxS PER EA 21 1w 14 825 CONSTRUCT CROSS PUTTER (CURB INCL.per Standard Plan 205) 15 AT SeVRA\ 6LO J[A,4--S PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 16 11 Standard Plan 718) AT + V VLQ VAAWL,y-ej 6LA-LeA V5 PER Lot 11 PLACE NEW PARKWAY TOP SOIL AND RESEED AT -fn� Ku VJ re PER Lot Z-p HIC106 17 1 &I C-2s MSC - 471 Project Bid Schedule ITEM=` APPROXIMATE 'NO ' '. QUANTITY ITEM WITH: UNIT. PRICES WRITTEN IN WORDS PRICE, Y „ TOTAL: FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 11 Plan 714) AT -� VQ PER EA 18 19 4,450 COLD PLANE AT Oil)-C ky, PER SF ✓ j� ` �" 100 17, ASPHALT CONCRETE OVERLAY AT 00e kn-i--y-Jr-,efJ km 5 PER TON 20 aLo a00b 4 ADJUST WATER VALVES 6? PER EA o 21 AT \e I ,tn i�,1 v� rl �� i S 1 ADJUST MANHOLES AT C.ne PER EA , 0A)_ 22 Total Amount Bid in Figures: r7 e Total Amount Bid in Words: o ►1 e h. A rrA red-twe/iN tw { e I'iw: �,� artid c� cal f Ei %� oo�eA zt cis--15 C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 2.5" 83�- A)(t r bun 0e Ave Ste 23s-6 (t, 76 P q D Y.G V" ovGt By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO DE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Grd- &—Acs_, being first duly sworn, deposes and says that he or she is fee'$ i , may►': of K ir&%x , I A G • the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. "Ae \Ormx T Name of Bidder gnature of Bidder 193144 Aveni d.� !de- i Sa I , btAlnuf CA eA as 799 PO &A 6g�. LJ�I►�,T1CA C1178g Address of Bidder sworn to before me this day of 520 NOTARY PUBLIC NOTARY SEAL State of California ) County of Los A CALIFORNIA JURAT Subscribed and sworn to (or affirmed) before me on this �2-4 t'^ day of Ar- It 20 U by U d e- 6t - proved to me on the basis of satisfactory evidence to be the person(' who appeared before me. Signature ' OPTIONAL INFORMATION JDSEPH CARDENAS� rC)MM. #1882533 Notary Public • California o s Angeles County mar. 13 2014 Seal Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this juror to on unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document This certificate is attached to a document titled/for the purpose of containing pages, and dated Alit u1. Method of Affiant Identification Proved to me on the basis of satisfactory evidence: L0 form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: Other Affiant(s)Thumbprint(s) ❑ Describe: 0 Copyright 2007-2009 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Form JUR01. 12/07 Please contact your Authorized Reseller to purchase copies of this form. 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 RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS, MAINTENANCE SERVICE CONTRACT # 471 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Korlvix Ihc� Contractor (1, - L L _,)__ Pies e d.ent Title Date: Lf — a g-1 0 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 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. Koanx., Inc. Contractor B p ries1,6te-,( Title Dater 10 UNDERGROUND SERVICE ALERT IDENT'IFICAT'ION 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: KQ '1 K i Inc - Contractor B P�esid�` Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Kol'- Y,., i nG Bidder Name 1 q,31Li nir be-1 no 1 9 Po &X 699 iJa hwf CA g1738 Business Address 1j,"001- (A 91-799 City, State Zip qd 1 ) 7 71._-167q Telephone Number Ll 179,�'O (A) State Contractor's License No. and Class A4R,7/(� Original Date Issued Expiration Date The work site was inspected by Oft' k of our office on 2010. The following are persons, firms, and corporations having a principal interest in this proposal: Kc) nL, ooe- CA(JfjA" 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. • C) rnx 11-,V\C . Company Name SiLynaturVof Bidder a Printed or Typed Signature Subscribed a d`sworn to before me this ,,/day of , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Isaw - cra—�,'c� C66�)) 86 W-- 65i 155,, a3W v 77 S1 � I / t ► . i 0 / q /o ci Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: ., S fe' .^ i d ct — (77 y)Ci3 % -- 973 j Contract Amount Type of W 5-900 En met� '(\ S'f, ame and Address of Public Agency w/o Date Completed �Ruelite-,GA g17yy Name and Telephone No. of Project Manager: A 1,1, 17 `�Ho Amount Type of Work 9 A /0g Date Completed State of California County of ii Arge,Ie,5 CALIFORNIA JURAT Subscribed and sworn to (or affirmed) before me on this �� day of A f6r l 1 20 by !i, j De- 6t' proved to me on the basis of satisfactory evidence to be the person( who appeared before me. Signature OPTIONAL INFORMATION JOSEPH CARDENAS COMM. #1882533 z = Notary Public • California o Los Angeles County Comm. Mar. 13, 2014 Seal Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this jurot to on unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document This certificate is attached to a document titled/for the purpose of containing pages, and dated t1 _71 .. t: }ram ,.r:: a �'`"- ,,.�, rri�• ,:�;._ rt.t i+,._z,,...3iii Method of Affiant Identification Proved to me on the basis of satisfactory evidence: Lo form(s) of identification 0 credible witness(es) Notarial event is detailed in notaryjournal on: Page # Entry # Notary contact: Other Affiant(s)Thumbprint(s) Describe: 0 Copyright 2007-2009 Notary Rotary, Inc PO Box 41400, Des Moines, IA 50311-0507 All Rights Reserved Form JUR01. 12107 Please contact your Authorized Reseller to purchase copies of this form BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the appl able selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: Contact Person: -7 Fra-n K U o'be Contact Phone: Cga�) % 11 " 7071 Signed:6�-'� Date: 2 - l d *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. 04/29/2010 11:54 #0870 P.001 /001 City of Huntington Beach Public Woks Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MSC-471 April 19, 2010 Notice To All Bidders' Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) AN bidders are to WAnowiedge that the new wage d0wrt;nation number CA20100035, issued 04116=10, shall be used for this project. This is to acknowledge receipt and review of Addendum Number One, dated April 19, 2010. tomPany Fume �BY Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Eric Charlonne at (714) 536-5431. x --_ _ THE AMERICAN INSTITUTE OF ARCHITECTS ��fjile I�/ KNOW ALL MEN BY THESE PRESENTS, that we Bond No. 20-SBA-300359 KORMX, Inc. 19314 Avenida del Sol Walnut, CA 91789 ( Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and American Safety Casualty Insurance Company - SBA 444 Ocean Blvd., 18th Floor Long Beach, CA 90802 a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (Here insert full name .and address or legal title of Owner) as Obligee. hereinafter called the Obligee, in the sum of Seventeen Thousand Five Hundred Seventeen Dollars and Fifty Cents ($ 17,517.50) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. the Principal has submitted a bid for Remove and replace sidewalk, curb and gutter, Remove and replace sidewalk, curb and gutter, located in Various locations throughout Huntington Beach, CA (Here insert full name, address and description of project) 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 -ood and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void. otherwise to remain in full force and effect. Sired and sealed this 27 tbay of April, 2010 KORMX, Inc. (I . '�W_ C2"' — (?0seph eipal) (Seal) Uribe Cardenas, (Witness) American Safety Casualty Insurance Company - SBA (Sur (Seal) - — —)Rai,—�-- - (Wimess) Pietro Micciche , Attorney -in -Fact AIA DOCK}LENT A310 BID BOND AIA R FEBRUARY 1970 ED THE AMERICAN INSTITIiTE OF ARCIIITECTS. 1735 N.Y. AVE., N.W. WASHINGCON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution- A ._ NUMBER AAR POWER OF ATTORNEY 20 SBA 0035Q AMMANSAWIFhOURMa KNOW ALL MEN BY TiiESE PRESENTS, that American Safety Casualty Insurance Company has trade, constituted and appointed, and by these presents does make,. constitute and appoints Pietro. Micciche its true and lawful attorney -in -fact, for it and its name, place, and stead. to execute on behalf of the said Company, as surety, bonds, undertaking and contracts of suretyship to be given to ALL OBLIGEES, provided that no bond or undertaking or contract of suretyship executed under this authority shalt exceed in amount the sum of "ONE MILLION DOLLARS 01,000,000.00)" This Power of Attorney is granted and is sighed and sealed by facsimile under and by the authority of the following Resolution adapted by the Board of Directors of the Company on the Eighth day of September, 2003. RESOLVED, that the President in coajunction with the Secretary or any Assistant Secretary may appoint attorneys-ia-fact or agents with authority as defined or limited in the instrument evidencing rite appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted to such persons. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the President or any Vice -President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary or (ii) when signed by the President or any Vice -President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-iu-fact or agent, or (iii) when duly executed and sealed (if a seal be required) by one or more attorney -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RkSOLVW FU1 rE[ER, that the signature. of any authorized officer and the seal of the Company. may be affixed by facsimile to any power of attorney orcertification there -of a nhorizing the execution and delivery of any band, undettak'nrg, recognizance, or other. suretyship obligations of the Company; and such signature and seal when so used shall ` have the same force and affects as though manually affixed IN WITNESS WHEREOF, American Safety Casualty Insurance Company has caused its official seat to be hereunto affixed, and these presents to be signed by its President and attested by its Secretary this Eighth day of September; 2003. „c..H5t4$8J Attest � '" �S.• sw ? ceY �{iY�9�ti Stephan R. Crim, President Randolph L. Hutto. Secretary STATE OF GEORGIA'�' nuun+r'� COUNTY OF COBB On this Eighth day of September, 2003, before me personally came Stephen R. Crim, to me known, who, being by the duly sworn, did depose and say that he is the President of American Safety Casualty Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instntment is such corporate seas; that it was so affixed by order of the board of Directors of said corporation and that he signed his name thereto by like order- tea°' p. tAN.p 'e .SJ0'p =C,`o wa•2 y� cq Ruth .Bankston, Notary Public P rCIS 1, the undersigned, Secretary of American Safety Casualty Insurance Company, an Oklahoma. corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and Sealed at the City of Atlanta, in the State of Georgia- GsS Sl Dated the 2'l� day of f . t, 20 l ?yop°4 P -. "rHtttmt Rani h t_ HM, Seermly CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s�.,w-�.v!�S-'\t;�..�..�at��.• S;�>�.�'.t.�.!aS 3�,.s�.'c;�.:��i�e;a�. S�.v.•�< Sr�.�e � e,�4�.�.v�C:�S .�.•�_S�a.�.,-�.'c 5�:�.,..�C�Rs�S,r�� c� State of California County of Los Angeles On .4 12i 1 1 C> before me, M• Se Rodriguez, Notary Public Dale Here Insert Name and Title of the Officer personally appeared PIETRO MICCICHE M. S. RODRIGUEZ NOTARY PUBLIC CALIFORNIA i0S ANGFlES COUNTY 1872651 000MMISSION x MY COMM. EXPIRES AN. 2, 2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personk6) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sW,Ahep'executed the same in his/h it authorized capacity4esr and that by his/hen`their signature(@1 on the instrument the person(o, or the entity upon behalf of which the person(8) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature r Signatuf& of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual j Corporate Officer — Title(s): L-1 Partner — ❑ Limited ❑ General 11 Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OFsIGNER Top of thumb here Number of Pages: Signer's Name: ❑ Individual I Corporate Officer — Title(s): _ Partner — ❑ Limited EJ General ❑ Attorney in Fact Trustee ❑ Guardian or Conservator Other: Signer Is Representing: 1Rl-GHT THUMBPRINT' OF SIGNER .. of thumb here ©2007 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NattonaMotary org Item #5907 Reorder: Call Tolt-Free 1-800-876-6827 City ®f Huntington each 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 25, 2010 Golden State Constructors, Inc. 6162 Galipean Dr. Huntington Beach, CA 92647 RE: MSC-471 Reconstruction of Tree Petition Residential Streets Enclosed please find your original bid bond for MSC-471 Sincerely, JF:pe Enclosure Sister Citiq-�t, /c6 pwtRet�,Nrr bb&W.tiodNew Zealand ( Telephone: 714-536-5227 ) 201POR, 2119Pml 1: 31 y7� SECTION C PROPOSAL, for the RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS MAINTENANCE SERVICE CONTRACT # 471 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 Forty Five (45) working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find �;el 066A: A in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. _ Date Received Bi s�'Sik nature �- /� iv MSC - 471 Project Bid Schedule ITEM",APPROXIMATE:.._ u . P . UNIT =N0 taUi4NTITY- == xi. ITEM WITM URIIT:PRICES:WRITEN INuNO ;S, rc xk. PRICE. TOTAL REMOVE/DISPOSE OF PARKWAY TREES 1 11 AT [)tjF %ho 5gd,,4 P-Jt. 1�✓.�t�i�� PER EA 3,400 REMOVE/DISPOSE OF P.C.0 SIDEWALK (CURB RAMPS INCL.) 2 AT E 649 l'ia r �; C ,, PER SF :5 /U 4,750 PARKWAY EXCAVATION AT 6r71 PER SF 6u 3 REMOVE/REPLACE IRRIGATION SYSTEM IN PARKWAY 4 11 AT ,-e-e 10 � 1, (&,-S PER Lot 12 REMOVErEPLACE WATER METER BOXES JJ 5 AT c r? PER EA 800 REMOVE/DISPOS,E OF CURB AND GUTTER (CURB RAMPS INCL.) 6 AT e,-� &// , J PER LF /0 ICJ 0 REMOVE/DISPOSE OF ASPHALT CONCRETE (GUTTER SLOT) 7 750 AT '7-CuG At Ile -) PER LF 1,200 REMOVE/DISPOSE OF P.C. IVEWAY ae %r '� PER SF 8 AT e ,> REMOVE/DISPOSE OF EXIST G CROSS GUTTER (CURB INCL.) 9 825 AT • � lei f = �, " PER SF CONSTRUCT P.C.C. CURB AND GUTTER (per Standard Plan 202) 10 800 AT mot! • W A0�' Cc.� PER LF CO��TRUCT�P.C.C. DRIVEWAY per Standard Plan 209) 11 1,200 AT%� r (�j Ct,,.• PER SF Y .��� %Q CONSTRUCT P.C.C. SIDEWALK ( er Standard Plan 207) 12 3,400 AT ,.0 (- " - ;sir.. "0<. uzk PER SF 750 CON TRUCT ASPHALT CONCRETE (GUTTER SLOT per Detail) 6�� 13 AT Dt, u i �,e �� ' ., PER LF i • �sS� CSC CONSTRUCT CURB AC ESS AMP (CURB INCL.) 14 3 AT PER EA 'C?� 825 CONSTRUCT CRO S GUTTER (CURB INCL.per Standard Plan 205) _ 15 AT Cleyew / C� r�' PER SF FURNISH/INSTALL ROOT BARRIER (2) EACH LOCATION (per 11 Standard Plan 718) 4vUdre1J PER Lot aj 16 AT reo C 11 AY TOPS L AND RESEED PLACE NEW PA=-be-d PER Lot �y AT 3366 17 ,Jf6,a C-2s BEM APPROXIMATE F �a � ; � s MW� UNIT t NO. QU4NTITY fr ?° ITEnII,WITH UNIT PRICES WRITTEN IN#1nlORDS, w .,,,, PRICE FURNISH, EXCAVATE & PLANT 15 GALLON TREE (per Standard 18 11 Plan 714) � AT 'TcVc J- rAzl r.qPER EA _ 19 4,450 COLD PLANE AT �, , PER SF _ 100 ITASPHALT CONCRETE OVERLAY / 20 AT 61,t °� r1 � ��11 > PER TON �'W �% U 4 ADJUST WATER VALVES %� AT '17,re, - !�F PER EA 21 x,�d 16114f ADJUST( -MANHOLES 22 1 AT HoCl r' PER EA c� Total Amount Bid in Figures: 70 s ' Total Amount Bid in Words: ve. r~��� `ivt.. ;,��, x �su,,�/ eir <- C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class rr� �1 �'yi 006. D f 0 2-2 !/ If-? .-1-1i� a,5-7o E. It, 4 By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. Count of Orange r 44-1-e x"' , being first duly sworn, poses a�� says that he or she is r � of -LUel kk C1-144- the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder �F Signature of Bidder Address of Bidder V1 Subscribed and sworn to before me this- . day of AV P c_. , 2010. _ ,.CLAUDIA COCHRAN NOTARY PUBLI COMM.r#17221 19 State of California County of 51'6 On �i �' 0 before me, personally appeared c ,/)nw& 2� a , , 1, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herAhcir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 'WIT?ASS-may and an Signature of Notary Public cLAUDIA COCHRAIN COMM. #'1722_1111, 9 m Nj Notary Publio_California?% ORANGe CO NiY lu4y Cantu. Exp. Jan 30, 2011 (Notary Seat) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any ackrwwtedgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. cerhfytng the authorized capactty of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • print the name(s)of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lhefshe4 hsy;- is fffe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover team or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public rust match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 44- Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 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 RECONSTRUCTION OF TREE PETITION RESIDENTIAL, STREETS, MAINTENANCE SERVICE CONTRACT # 471 (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contra.etor r By Title Date: DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. 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. (<,',/,X,, � Yik �✓�" Contrac By Title Date: UNDERGROUND SERVICE ALERT IDENTIFICATI®1® 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: Ad d - of &+ L A-< Of C�G-)X'Wspuct-60 Contractor 9��l e- a�-eavj By Pr"O. S' (' L , , " � Title Date: q-2 9-1 D Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. I "21MR2101 1 9& 1" �° BIDDER certifies that the following information is true and correct: Bidder Name 61&2= al tl ka,-j d r Business Address q2,4� � City, State Zip V) �)S-- F � F Telephone Number State Contractor's License No. and Class &-,2oo-�— Original Date Issued - 2, Expiration Date The work site was inspected by ela 20/0 �j of our office on The following are persons, firms, and corporations having a principal interest in this proposal: LAra d— Pf-e- S Ik chrcei-s BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable .selections): K y0 Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this proj ect. Contractor: sk,�_���� Contact Person: �t)�✓aa r' 6 'Va r✓ Contact Phone: % 1Y, Signed: Date: z Z—/o *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. 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 accordancewith the plans and specifications set forth. Comj4hAv N Signature of Bidder 06,vti'i t q liz Printed or Typed Signature Subscribed and sworn to NOTARY PUBLIC rs c�aoc►� COMM 11212° q L_ 20 Listed below are the names, address and telephone numbers for three which the bidder has performed similar work within the past two year; I. al. 1 2. 93 Name and Address of Public Agency Name and Telephone No. of Project I Contract Amount of Work Name and Address of'ency Name and Tele No7/0foject Manager: PJ Contract Type of Work Name Address of Public Agency Na and Telephone No. of Project Manager: Contract Amount Type of Work NOTARY SEAL Date Completed Date Completed Date Completed i State of California County of On O before me, (C) tff?''(&f (0r�>rl9l personally appeared 1�I1` who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/shc fl cy executed the same in his,1hor/th ei. authorized capacity(ies), and that by his/hcrttheir- signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CLAUDIA COCHRAN • COMM. #1722119 rum N ® Nof ry Pubk-Csliiomia WITNEEESd and seal ORANGE COUNTY -� Comm, Exp. Jan 30, 2011 Sigaature of Notary Public (Notary Seal) DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer critic) ❑ Partner(s) ❑ Anomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cahforrua must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outode of Cadifornia In such in canoe; any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (1.e ceriifytng the authorized capacity of the signer). Please check the document carefirllyfor proper notarial worzting and attach thisform if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acmowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. o Indicate the cord singular or phial forms by crossing off incorrect forms (i.e. WshcAhsy, is /uG ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •:+ Additional information is not required but could help to ensure this acimowledgment is not misused or attached to a different document. -'r Indicate title or type of attached document, number of pages and date. :- Indicate the capacity claimed by the signer_ If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document City of Huntington Beach Public Works Department 2000 Main Strut Tel. (714) 536-5431, Fax (714) 374-1573 For RECONSTRUCTION OF TREE PETITION RESIDENTIAL STREETS M -471 April 19, 2010 Notice To All Bidders, Please note the following clarification to the Project Mans, Specifications, and Special Provisions, 1) All bidders are to acknowledge that the new wage determination number'CA20100035, issued 0411612010, shall be used for this project. This is to acknowledge receipt and review of Addendum Number One, bated April 19, 2010, 3- ""- 4xf-I1r'V4'tJ ' (; Company Name By Late All bidders must acknowledge the receipt of this Addendum with your bid proposal, Should you have any questions regarding this Addendum, please call Eric Charlonne at (714) 536-5431. A i4 Go(den State Constructors, Inc. 6162 Gafiyean Dr. Huntington Beach, CA 92647 Phone. 714625-8758 Fax: 714-625-8295 P-1 kill 0- X WX City Of Newport Beach Alfred Castanon 3300 Newport Blvd. Newport Beach; CA 92663 949-644-3314 Project: Coastal Access — River Ave Construction Dates: 9/14/09 to 1/31/2010 Bid Amount: $1,006,579.92 Project Total: $ N/A City of Anaheim Matt Card 200 S. Anaheim Blvd. Suite 276 Anaheim, CA 92805 (714) 765-5176 Construction Dates: 7/20/09 to 8/7/09 Project: Bikeway/Pedway Bid Amount: $267,765.50 Project Total: $ 278,275.50 City of Irvine Kal Lambaz 1 Civic Center Plaza Irvine, CA 92606-5207 949-724-7555 Construction Dates: 7/20/09 to 8/7/09 Project: School Enhancement Project Bid Amount: $26,746.25 Project Total: $ 40,335.75 City of Monterey Park Vennie Bermudez 320 W. Newmark Ave. Monterey Park, CA 91754-2896 626-307-1325 Construction Dates: 5/12/09 to 5/29/09 Project: Driveway Entrance Modification Bid Amount: $36,702.20 Project Total: $36,702.20 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5719 Construction Dates: 5/4/09 to ongoing Project: Median Island and Striping Modification Bid Amount: $73,963 Project Total: $80,460.15 Golden State Constructors, Inc. References Page 1 City of La Habra Chafik Mouradi 201 E. La Habra Blvd La Habra, CA 90631 562-905-9720x209 Construction Dates: 4/27/09 to 5/1/09 Project: Traffic Management — Traffic Calming Bid Amount: $48,568 Project Total: $ 52,000 City Of Newport Beach Alfred Castanon, Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 949-644-3 314 Construction Dates: 3/9/09 to 4/28/09 Project: Balboa Village Alley Replacement - Bid Amount: $128,606 Project Total: $142,000 City of Huntington Beach Villa Pacific Huntington Beach, CA Construction Dates: 2/27/09 to 3/6/09 Project: Villa Pacific ADA Ramps Bid Amount: $7,200 Project Total: $7,200 City of Tustin Jason Churchill, Public Works Dept. 1472 Service Road Tustin, CA 92780 714-573-3350 Project: Slope Repair Construction Dates: 2/4/09 to 2/4/09 Bid Amount: $4,100 Project Total: $4,100 Department of Public Works Public Works 3rd Floor N306 100 N. Garfield Ave, P.O. Box 7115 Pasadena, CA 91109-7215 626-744-7389 Construction Dates: 1/5/09 to 2/27/09 Project: Hamilton Park Drainage Improvements Phase II and III Bid Amount: $236,321 Project Total: $403,571 Golden State Constaictors, hic. References Parse 2 4 Go(den State Constructors, Inc. 6162 Galyean Dr. Huntington Beach, CA 92647 Phone:714-625-8758 Fax:714625-8295 2008 References: City of Laguna Beach Steve May 505 Forest Ave. Laguna Beach, CA 92651 949-497-0351 Project: Curb and Gutter Replacement Bid Amount: $16,926 Construction Dates: 11/18/08 to 'l 1/25/08 Project Total: $16,926 City of Santa Ana Terry Daugherty 20 Civic Center Plaza Santa Ana, Ca 92701 714-615-0891 Construction Dates: 10/27/08 to 11/26/08 Project: Plaza of the Sun Drainage Improvements Bid Amount: $42,214 Project Total: $52,750 City of Stanton Nick Guilliams 7800 Katella Ave , Stanton, CA 90680-3162 714-379-9222 Construction Dates: 10/6/08 to 10/17/08 Project: PCC Rehabilitation — Bradford Place and College Drive Bid Amount: $61,340 Project Total: $67,473 City of Huntington Beach Dereck Livermore 2000 Main Street Huntington Beach, CA 92648 714-392-4007 Project: Curb ramps in Various Locations Bid Amount: $167,123 Construction Dates: 7/28/08 to 10/10/08 Project Total: $183,600 Golden State Constructors, Inc. References Page 1 Moffatt & Nichol Gary Foster 3780 Kilroy Airport way Ste 700 Long Beach, CA 90806 562-426-9551 Construction Dates: 6/9/08 to 6/9/08 Project: Harbor Vopak Project Bid Amount: $4,538 Project Total: $5,503 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5719 Construction Dates: 7/15/08 to 7/25/08 Project: Senior Center ADA Improvements Bid Amount: $26,892 Project Total: $32,850 County of Orange Tony Nevarez 1143 E. Fruit St. Santa Ana, CA 92701 714-567-7799 Construction Dates: 5/22/08 to 5/24/08 Project: Court House Concrete Replacement Bid Amount: $14,713 Project Total: $14,713 Long Beach Water Dept. 1800 E. Wardlow Rd. Long Beach, CA 90807-4931 562-570-2300 Project: Water Line Replacement Construction Dates: 4/28/08 to 7/14/08 Bid Amount: $149,575 Project Total: $177,328 City of Rancho Santa Margarita 22112 El Paseo Rancho Santa Margarita, CA 92688-2824 949-63 5-1800 Project: E1Corazon Sidewalk Project Bid Amount: $54,130 Norwalk City Hall Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Project: Pool Deck Concrete Repairs Bid Amount: $68,648 Construction Dates: 3/17/08 to 4/21/08 Project Total: $61,081 Construction Dates: 2/7/08 to 5/4/08 Project Total: $83,236 Golden State Constructors, Inc. References Pa,e 2 I Jr Go(den State Constructors, Inc. 6162 Gafiyean Dr. Huntington Be"h, CA 92647 Phone:714-625-8758 Fax.714-625-8295 Rjirences Department of Public Works Dale Torstenboe Public Works 3rd Floor N306, 100 N. Garfield Ave, P.O: Box 7115 Pasadena, CA 91109-7215 626-744-73 89 Construction Dates: 11/29/07 to 1/2/08 Project: Hamilton Park Drainage Improvement Bid Amount: $89,176 Project Total: $95,696 California State Lands Commission Annabell Abeleda 100 Howe Ave. Ste 100 South Sacramento, CA 95825-8202 916-574-1871 Construction Dates: 10/8/07 to l/l/08 Project: Install Utilities for Wetlands Trailers Bid Amount: $99,993 Project Total: $133,413 City of Norwalk Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Construction Dates: 9/17/07 to 7/29/07 Project: Concrete Courtyard Replacement Bid Amount: $38,733 Project Total: $38,733 City of Laguna Niguel Randy Trinkaus 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4348 Construction Dates: 7/18/07 to 7/29/07 Project: George White Elementary Batting Cage Bid Amount: $55,367 Project Total: $57,787 Goldon �ta#e Inc., References P:1ge 1 City of Laguna Niguel Randy Trinkaus 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4348 ' Construction Dates: 7/18/07 to 7/29/07 Project: George White Elementary School Electrical Upgrade Bid Amount: $17,778 Project Total: $17,778 City of Laguna Niguel Randy Trinkaus 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4348 Construction Dates: 7/16/07 to 7/29/07 Project: Sewer Repair at Crown Valley Elementary School Bid Amount: $14,375 Project Total: $30,749 Junipero Serra State Building Robert Langley 320 W. 4' Street, Los Angeles, CA 90013 949-362-4348 Construction Dates: 6/18/07 to 6/29/07 Project: Install hose bibs in Junipero Serra Building Bid Amount: $42,865 Project Total: $44,794 ' �'t- Constructors. Golden ,��t�_ �;�t�..tru�t�.�s. 'Inc. RefPrenc�_s Faffc. 2 City of Laguna Niguel Attn: Nick Renn 27791 La Paz Road Laguna Niguel, CA 92677 949-362-4337 Construction Dates: 1/8/08 to 2/9/08 Project: Crown Valley Restroom Project Bid Amount: $131,736 Project Total: $143,149 Norwalk City Hall Randy Hillman 12700 Norwalk Blvd Rm 16 Norwalk, CA 90650 562-929-5723 Project: New Doors at City Hall Construction Dates: 2/2/08 to 2/4/08 Bid Amount: $10,040 Project Total: $10,040 Golden State Constructors, Inc. Refere;ices Page 3 �: '�� •` 5�' is ��� �` i�n ' �" •, i BOND NO.: GOLST-156 KNOW ALL MEN BY THESE PRESENTS: That we, GOLDEN STATE CONSTRUCTORS, (hereinafter called the Principal), and NORTH AMERICAN SPECIALTY INSURANCE COMPANY a corporation organized and doing business under and by virtue of the laws of the State of NEW HAMPSHIRE, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for RECONSTRUCTION OF TREE PETITION RESIDENTIAL .STREETS JOB/BID NO. MSC- 471, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 27TH day of APRIL, 2010. NORTII/AMERICAN SPEMLTY INSURANCE COMPANY au I IN ► �� 1��"I NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby snake, constitute and appoint: RANDY SPORN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 240'of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FARTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." osnpr'ru� ry'".� By Steven P. Anderson, PreAdent & Chlef P.aeentive Ofaeer or Waahington International tatar— Compaay 3' $E/4l. :4 & Senior vice President of North Amertran Specialty Interstate Company Al �" r fMrnnlutt By .-As- 0—id M. Layman, Seobr vice Pmd&.1 of Washington tnreraaaenol Insurance Company & vlee President of North American Specialty ins—ce Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September , 2008 . North American Specialty Insurance Company Washington International insurance Company State of Illinois County of Du Page ss: On this 30th day of September , 20 08 , before me, a Notary Public personally appeared Steven P_ Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective comnanies. F D.kiD.SKI FAiSubhq state of ltlmolsDonna D. Sklens, Notary Public misesva Exvirca 71kt)6fWII 1, James A. Carpenter- the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International insurance Company, which is still in full force and effect. IN WiTNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 2�th day of April 2010 James A. Ca p-w. vice PrWdem A Assistant Secretary of Washington lat mmionai insurance Company & North Aneric in Speeiahy lnsnranet Company State of CALIFORNIA County of ORANGE On April 27, 2010 before me, Erilca Guido, NOTARY PUBLIC, personally appeared RANDY SPOHN 11 ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �- ERIKA GUIDO COMM. # 1843731 NOTARY PUBLIC CALIFORNIA v � ORANGE COUNTY "' My Comm. expires May 5, 2U13 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Though the data below is not required by lawn, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL. ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ L.IMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAPE OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CERTIFICATE OF ACKNOWLEDGMENT State of California County of before me,IJ personally appeared n%1.0�lnk r:25 � (l4/ --lw who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/me subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his "r�nz/theII- authorized capacity(ies), and that by his/her sib-,) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. signalume of Notary Public CLAUDIA COCHRAN COMM. #1722119 rn W Notary Pubk-Caftmja ORANGE COUNTY uy Comm. Exp. Jan 30, 2011 (Notary seal) "DI I'IONAL OPUONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMDff (T81e or description of attached document) (litk or description of attadmeddocvment continued) Number of Pages Document Date (Additional information) CAPACITY CLADAED BY THE SIGNER ❑ Individual (s) ❑ Corporate Of (rifle) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING •THIS FORM Any ad—kdg-ew c-%vkted in Cahforraa mist condors verbiage exaody as appems above fa dw notary section or a separate ackkowledgnient form must be properly completed and aaadwd to that docraliew The only mweptian is if a dMuneld is to be recorded outside of Cdifwvda. In sack m dances, any alternaave ackn—kdg e/d ver&w as may be panted on such a document so Ime as the verbiage does not rugidm the )rotary to do something that is illegal for a )rotary to Cafiforrda (1a eerfifying the amhadwd cquctty of the signer). Please chwk the docmnent cariefdlyforpmper nwand worrfing and Mach this form if required. • State and County information must be the State and County where the document signa(s) personally appeared before the notary public for admowledgment. • Date of notarization must be die date that the signer(s) personally appeared which must also be the same date the admowledgment is completed • The notary public must paint his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Prim the name(s) of document signa(s) who personally appear at the time of neon. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.c. WsheA w%- is Iwo) or circling the caarect forms. Failure to correctly indicate this infomnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tact or lines If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a ddiaent admowledgment form. • Signature of the notary public must match the signannre on file with the office of die county ckdL :s Additional information is not required but could help to ensure this acknowledgment is not misused or attacked to a different document. Indicate title or type of attached document, number of pages and date. ? Indicate the capacity claimed by the signer. If the claimed capacity is it corImate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document