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HomeMy WebLinkAboutDAMON CONSTRUCTION COMPANY - 2007-08-20FROM: David M. Verone, Contract Administrator DATE: January 7, 2008 SUBJECT: Retention Release Payment Company Name: Damon Construction Address: 8851 Watson Street City, State and Zip Code: Cypress, CA 90630 Phone Number: (714) 995-5490 Business License Number:A232662 Local Address: N/A Notice of Completion Date:12/11/2007 Contract Purpose: Retention Release for Cash Contract 1275 Edinger Ave Parkway Improvenemts 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. /— 2 z-0Q Date ravis K. flopkins, Public Works Director I certify that there are no outstanding invoices on file. —2Z-0 Date Shari Heidenrich, 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. a D to Joan F , City Clerk PENDING retention release memo 7-07.doc 1/7/2008 2:58:00 PM Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC-1275 Project: EDINGER AVENUE PARKWAY IMPROVEMENTS PHASE I 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 30TH day of JANUARY , 20 08 , at CYPRESS , California. DAMON CONST. CO. (Type Contractor Name) By: MARGA T RULLO PRESIDENT Name: [Type Name] Title: [Type Title] A., T10 . tc RA J;j1��� CITY ATTORNEY TIS o3 • ab • Us o 247542.1 CONTRACTOR'S CERTIFICATE IMARGARET ANN RULLO (Name of Declarant) state and certify that: l DAMON CONST.CO, is the general contractor to the City of Huntington Beach ("City") on Contract No. CC-1275 (the "Contract") for the construction of the public work of improvement entitled: EDINGER AVENUE PARKWAY IMPROVEMENTS PHASE I (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): ML I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at CYPRESS APPROVED AS TO FORM on this 30TH day of JANUARY , 20 08 . 9(SWature of Declarant) MARGARANN RULLO, PRESIDENT By; V0/11'1:a� s7 1 -7404"!S 1 -il.J 3 • Zo • OCP Name: [Type Name] Title: (Type Title] 1 245914.1 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: CC-1275 Project: EDINGER AVENUE PARKWAY IMPROVEMENTS PHASE I 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 30TH day of JANUARY , 20 08, at CypgESS , California. DAMON CONST. CO. (Type Contractor Name) By: M, Name: Title: IL) 3.'�F6-UP 245911.1 1 MAINTENANCE BOND Bond No M4361649 KNOW ALL MEN BY THESE PRESENTS: That, Damon Const. Co., as Principal, and SureTec Insurance Company, a corporation organized under the laws of the State of Texas and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach in the sum of Thirteen Thousand Seven Hundred Sixty -One and No/100ths Dollars ($13,761.00), lawful money of the United States of America, 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: SEALED with our seals and dated this 8th day of January, 2008. WHEREAS, on the 20t' day of August, 2007, the said Damon Const. Co., as contractor, entered into a contract for Edinger Avenue Parkway Improvements Phase I for the sum of One Hundred Thirty -Seven Thousand Six Hundred Six and No/100ths Dollars ($137,606.00); and, WHEREAS, under the terms of the specifications for said work, the said Principal is required to give a bond for Thirteen Thousand Seven Hundred Sixty -One and No/100ths Dollars ($13,761.00), to protect the City of Huntington Beach against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said Principal shall for a period of one year from and after the date of the completion and acceptance of same by said City of Huntington Beach replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. Damon Const. Co. BY: MargaretZRullo, President SureTec Insurance Company BY: Brooke Lafrenz ATTORNEY-Ili-F,&CT APP '0\/ED 4S TO , OR E I . McGRAT City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On January 30, 2008 before me, Gladys D. Rogers, Notary Public personally appeared Brooke Lafrenz GLADYS D. ROGE 6 Commission # 1537880 e� n Notary Public -California San Diego County My Comm. Expires Dec 24, 2008 Place Notary Seal Above 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 she executed the same in her authorized capacity, and that by her 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 se Signature OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying an 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 ❑x Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:_ Surety Company Number of Pages: POA #: 510034 % 3 1 e:e'• Insurance Company LIMITED: 1 11' i R 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 Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby, Brooke Lafrenz, Jeanette Seidl of La Jolla, CA .its true and lawful Attorney(s)-in-fact; with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to includewaivers 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 bonds 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 Attorney(s)-in-Fact may do in the premises:. Said appointment shall continue in force until 10/31 /08 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 ofattorney 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. (4dopted at a meeting held on 20'h 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 20th day of June, A.D. 2005. flkdAfl�il�-7rE COMPANY l B.J. I{i g, reside t State of Texas ss:,} r .�-^ County of Harris On this 20th day of June, A.D. 2005 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. Michelle Denny * lisle Of Texas IxLgn , irllyres ComMWM EagbMichelle Denny, Notary R lic Augl lst 27, 200$' My commission expires August 27, 2008 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 still 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. 8TH JANUARY Given under my hand and the seal of said Company at Houston, Texas this dayA 120 08 , A.D. %1Brent Beaty, Afilistant Sectary 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) i 12-08011 any busines;N Say between 8:00 am and 6:00 pm CST. CONSENT OF SURETY COMPANY TO RELEASE RETENTION PROJECT: EDINGER AVENUE PARKWAY IMPROVEMENTS PHASE I, CC-1275 TO CITY OF HUNTINGTON BEACH (Owner) FROM DAMON CONST. CO. (Contractor) BOND NO.: 4361649 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of surety company) SURETEC INSURANCE COMPANY 3033 FIFTH AVENUE, SUITE 300 SAN DIEGO, CA 92103 on bond of (here insert name and address of Contractor) ,SURETY COMPANY, DAMON CONST. CO. 8851 WATSON STREET CYPRESS, CA 90630 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 15T" day of FEBRUARY , 2008. SURETEC INSURANCE COMPANY Surety Company BY: Signature of Authorized Rjeresen tive BROOKELAFRENZ Name and Title — Attorney -in -Fact ,OWNER, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On February 15, 2008 before me, Gladys D. Rogers, Notary Public personally appeared Brooke Lafrenz - _ 1. GLADYS D. ROGERS ' Commission # 1537880 a llotary Public - California San Diego County My Comm. E)ires Dec 24, 2008 W-Ir Place Notary Seal Above 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 she executed the same in her authorized capacity, and that by her 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 handy o i ial s Signature OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying an 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 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Surety Company Number of Pages: PUA #: 510034 Know Ali Merl by These Presents, That SUR.ETEC INSURANCE COMPANY (the "Company'), a corporation duty 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: Larry D. Cogdill, Michael W. Thomas, Brooke Lafrenz, Jeanette Seidl, Colette Chisholm of La Jolla, CA its true and lawful Attorneys) -in -fact, with full 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 bonds were signed by the President, seated with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said Attorney(s)-in-Pact may do in the premises;. Said appointment shall continue in force until 10/31 /09 and is made under and by authority of the following resolutions of the Board of Directors ofthe 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'-x'act 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 fl Resolved, that the signature of any authorized officer and seal ofthe 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 201," of April, 1999.) In Witness f %ereof SUItETEC INSURANCE "COMPANY has caused these presents to be signed by its President, and its corporate:, seal to be hereto affixed this 20th day of June, A.D. 2005. T'EC OKURANCE COMPANY �.r °•.o ,t By. B.J<. Ki g, reside t State of Texas ss: Countyof Harris On this 20th, day of 7tine, A.D. 2005 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 seat; that it was so affixed by order ofthe Board of &rectors:of said Company; and that he signed hisname thereto by like order. moimor ilGtelle t7enny `�"�S* tdOh�N Pubis Skdo Of TOW MVCon�mdssion EYOW Michelle Denny, Notary dtie of August 27, 2008 My commission expires August 27, 2008 1, 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 still 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 15 day FEBRUARY 20 08 A.D. /� W�jv .4 . . Brent Bea , Usistant Sec •try 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. RECEIVED Y: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name after signing/dating 0 (Date) & , CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: ✓7i2 CCLOtf� S �`'' p� ULPi. CITY T�I����,�rti 0DATE: � '�oi � 0 SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved O0 0/0 (Co ncil Approval Date) (Company Name) Agenda Item No. City Clerk Vault No. 7-1/ #27 g:/followup/bondletter.doc Cer'dficatlon of Compliance with Title VII of the Civil RIW3 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 VU of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC 1275 Project: EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE I The undersigned contractor on the above -referenced project (`Projecfhereby certifies that it has complied with Title VU of the Civil bights Act, the Equal Opportunity Act of 1972 and Executive Order 112467 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, stational origin, age or disability (with the exception off access for the disabled). I declare under penalty of petjury under the laws of the State of California that the foregoing is true and correct. Executed this 30TH day of NOVEMBER , 2007 , at CYPRESS, CALIF. , California. DAMON CONST. CO. (Type Contractor Name) By: Name: Title: �`iJ 3 .,�4 • l� 2419 l Certification of Compliance with Prevailing Wage Laves 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 haws Contract-, CC 1275 Project: EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE I The undersigned contractor on the above -referenced project C Project'I 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 f airnimum 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 3= day of NOVEWER , 20 07 , at CYPRESS , CALIF. , California. DAMON CONST. CO. (Type Contractor Name) By; tXT ANN RULLO, PRESIDENT Name: [Type Nance] Title: [Type Title] , CI'F'lt' A`�pE�tk3Y 7L� Os-ab -0v 247542,1 C,®N !QT0—R45 CERTI—FICATE MARGARET AN RULLO , state and certify that: (Name of Declarant) 1. DAMON CONST. CO is the general contractor to the City of Huntington Beach ("Cib/') on Contract No, CC 1275 (the "Contract' for the construction of the public work of improvement entitled: EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE I. (the "prroject"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such tem is defined in the Contract). I 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 "NONB'7: 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. See forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold Sled pursuant to the Civil Code of the State of California (last all disputed claims; if none, write "NONE"): I declare under penalty of perjury under tho laws of the State of Califbn)ia that the foregoing is true and correct. Executed at CYPRESS, CALIF. on this 30TH day of NOVEMBER , 20 07 . MARGA ANN RULLO, PRESIDENT APPROVED AS TO FORM B)r r Name: [r` pe Name] Title: (Type Title] 14$914.1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating TO: Shari Freidenrich, City Treasurer FROM: ��.�bz 5�.. DATE: %� a SUBJECT: Bond Acceptance 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. M MSC No. Approved O /0� 0 10:7- (Concil Approval Date) (Company Name) Agenda Item No. City Clerk Vault No. 12- 161) #27 g1followup/bondletter.doc MAINTENANCE BOND Bond NoM4361649 KNOW ALL MEN BY THESE PRESENTS: That, Damon Const. Co., as Principal, and SureTec Insurance Company, a corporation organized under the laws of the State of Texas and authorized to do a surety business in the State of California, as Surety, are held and firmly bound unto the City of Huntington Beach in the sum of Thirteen Thousand Seven Hundred Sixty -One and No/100ths Dollars ($13,761.00), lawful money of the United States of America, 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: SEALED with our seals and dated this 8th day of January, 2008. WHEREAS, on the 20th day of August, 2007, the said Damon Const. Co., as contractor, entered into a contract for Edinger Avenue Parkway Improvements Phase I for the sum of One Hundred Thirty -Seven Thousand Six Hundred Six and No/100ths Dollars ($137,606.00); and, WHEREAS, under the terms of the specifications for said work, the said Principal is required to give a bond for Thirteen Thousand Seven Hundred Sixty -One and No/100ths Dollars ($13,761.00), to protect the City of Huntington Beach against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said Principal shall for a period of one year from and after the date of the completion and acceptance of same by said City of Huntington Beach replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. Damon Const. Co. BY: Varga Ann Rullo,"President SureTec Insurance Company BY: _&'" 44�1) Brooke Lafrenz ATTORNEY -IN- A Z APP VED S T O J MCGRA ty Attorppy, bq :l __ � w Z�- 1'�' a'+ r:� i -;•.- S � Irs'�P - �', a •� i- ,�� � n �s'w E € i'�1 I .^...�5,. ; .,.:.; > ram.: i!=�.�. S;-:�i , �t!:�. ;;���. ;,-a�. -�. S�.�c�..;r.-�.•t�. >•�. ;. ; qS.-�•-,r�it�ar vr�i�;r.r-..c�tirs>S�-�C�"-. c; �, State of California County of SAN DIEGO On 08 JANUARY 2008 before me, GLADYS D. ROGERS, NOTARY PUBLIC Dare Here Insert Name and Title of the officer personally appeared BROOKE LAFRENZ Name(s) of Signer(s) GLADYS D. ROGERS f Commission # 1537880 MMy Notar y Public - Californip San Diego C�24200)8 Comm. Dore i D who proved to me on the basis of satisfactory evidence to be the person(fS) whose name() is/are subscribed to the within instrument and acknowledged to me that -/she/the executed the same in-his/herhheirauthorized capacity(.ies), and that by Mra/herJth& signature(s) on the instrument the person(;), or the entity upon behalf of which the person(43) 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 Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuab, and could prevent fraudulent removal and reattachment of this 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 IN Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: SURETY RIGHT4THUM8PRINT' _OF'SIGNER •• of persons relying on the document i to another document. 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: �RIGHTTHUMSPRIO ,�_e'OESIGNER R,., J:\:V:✓ivi`✓.,.\=��::,%:��!i`.::.i�✓%:✓:\✓:�✓.�✓.:\%:\✓i\�i�i�:�.i�i\'✓:�%ice✓:\✓i\ ✓ ✓, ✓i ✓� ✓: L.-✓• ✓i ✓�-. i .l rr r �- •lrr •r :r .•r POA #: 510034 Sure' ec Insurance Company LEWTED 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 Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby, Brooke Lafrenz, Jeanette Seidl of La Jolla, CA its true and lawful Attorney(s)-in-fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver 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 bonds 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 Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/08 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 appointany 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 seat of the Company heretofore or hercafter 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) 1 In If'atness Ft'leereo , SURE- f £ L INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal , to ire hereto affixed this 20th day of June, A.D. 2005. �TECRANCE CDibIPAN't' BY w z B.J. Ki , reside t State of"Texas ss:'fl$ L--'—` County of Harris On this 20th day of June, A.D. 2005 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. Michelle]DennyNOW PLM aale aileiy Mlichelle Denny, Notary P tic11D�UCJt1St 2My commission expires August 27, 2008 1, 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 still 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 8TH dayof JAMIJARY 20 08 , A.D. i AIM —Brent Bea y, sistant VSectary s I 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. Company Profile Page 1 of 2 Company Profile 952 ECHO LANE, SUITE 450 HOUSTON, TX 77024 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 10916 0000 4914-8 October 24, 2005 UNLIMITED -NORMAL Property & Casualty TEXAS Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Ac...tion Documents Company Performance___&___Comparison_ Data Composite Complaint Studies - Want More? http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co proPp_EID=105... 1/16/2008 Company Profile Page 2of2 Help Me Find a Company_Rep:esentative_nMy_Area Financial Rating Organizations Last Revised - December 11, 2007 03:32 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb—co_prof utl.get_co_prof?p_EID=105... 1/16/2008 PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by ER Cert Mail F RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder NO FEE 2007000726084 08:57am 12/11/07 213 91 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 VA 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 Damon Construction Company who was the company thereon for doing the following work to -wit: EDGINGER PARKWAY IMPROVEMENTS; CASH CONTRACT NUMBER 1275 That said work was completed November 29, 2007 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on November 29, 2007, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Suretec 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 December 3, 2007. irector of Public ork or City Engineer Alf.-I"ity of Huntington Beach, California STATE OF CALIFORNIA) , County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this December 3, 2007. - rDirector of Public Works oytity Engineer ity of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) a.059-TITLE PAGE (R7/95) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10, 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. CITY FUNDED'' CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DAMN CorvS-r- Co. C C. - 117S R �v b, cJ P f}'�2 K wtt y 1�+PRov�rtENiS P 1-4 A S E- TABLE OF CONTENTS Page No. STATE OF WORK; ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES I I AFFIDAVITS OF SATISFACTION OF CLAIMS I I WAIVER OF CLAIMS 12 INDEMNIFICATION; DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED' 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20. ENTIRETY 20 CITY FUNDEDCONSTRUCTION CONTRACT BETWEEN' THE CITY OF HUNTINGTON BEACH AND pA110 N Cor-,s7. _ CC) FOR CC-11+S E01N&ER, AVF-NVP-, ?PRKWRy l-m rK0 VF_t1E.N,T5 PAPS: -L THIS AGREEMENT ("Agreement") made and entered into this ,2D day of !.( 61 U 5 % 20! � by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and DA t-7 0 .,.1 Co tis -f. co. , a California COK PO R. A-110,0 hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as F 0 i_ Q G Z P, A V.E Ny F- PA R Y,w A y I M P KD v F h F- N T S Ply fl S F Z in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all -other risks of any 'description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as definedhereinmean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which -is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as .if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed 2-Q. 0P4E (4vNO6-F-D A w0l14 ('9--T y ` F-VErj Dollars ($ 6 0 6• ), as set forth -'j4ov5Aw 0 SiX tgvn/0iIE0 4r,0 5+)< 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 within F0'Z7Y FiyF (4/$) consecutive wokKOV4 OAY 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 agree/forms/city consV4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete controlof the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises, 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price' will be adjusted upward or downward: accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment 'shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the datetheNotice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee. the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item -or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of F1y F- H U tv D P-E b Dollars ($ S 00 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof fromanymonies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (,15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, :in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY; or'by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 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 recognizedas inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and 'if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listedin the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will snake an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (1.0%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%),of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all, previous. retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated: in the certificate' is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding: against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 11: 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising oaof this Agreement.'` 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors; anyone directly:or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct: all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it . will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and 'employer's liability insurance for all of the 'subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers; employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials,employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOWs insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay; in a 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, agree/forms/city const/4-03 14 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 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 not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city consb4-03 15 24. TERNHNATION.FOR CONVENIENCE CITY may °terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 t/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2) regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. - 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below, provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: --P4L 'i D I%w2o,7 c 2000 Main Street Huntington Beach, CA 92648 TO CONTRACTOR: D,4horo coN V-T. C4 6051- WA i'So" S7, CYPREss cA,. gc>630 pcEg,2 tgsq 11PR211^ 30 2ov agree/forms/city const/4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation- of any provision of this Agreement. 31. INMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization Taws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city eonst/4-03 18 shall bear its own attorney's fees, such; that the prevailing parry shall -not be entitled to recover its attorney's fees from the non -prevailing parry. 34. INTERPRETATION OF THIS AGREEMENT The language of all 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 containedherein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contracts then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 3 5. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared' and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of thedate 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. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: Maw aret Rullo President print name ITS: (circle one) Chairma residen ice President By: a—T-'q� Andy -Fife. cretary Treasurer print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. ecretary - Treasure REVIEWED AND APPROVED: ity Administrator M or 0!1�A-a-®� : - Clerk 9/hloT e APPROVED AS TO FORM: /t O'1 City Attorney director of Piklic Works j j (,vecr! agree/forms/city const/4-03 21 SECTION C �Xlf-i,81T PROPOSAL for the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1 From Countess Drive to Saybrook Lane CASH CONTRACT No. 1275 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE texti s......e :::..... rv>�tti: autt pir><ce:::::::::::::::::::::::;:::::::::::::::::::::::......: :: wrii€teu u ivoi ds: »::: .........»»»::: > 't:: ' >::Uni. Price. . ..... ....:.: ::::::::::::::::: Amount . i 1 L.S. Mobilization ee,h� @ S(x ��l�u W (� f(Q'�� Dollazs / $ U!/� �6 %� $�50� : - O Cents Per L.S. 2 1 L.S. Traffic`�,, @(/��U/ Dollars $ /01 w0 / $ `y/aDO4, ;-O t/ Cents Per L.S. 3 4524 L.F. Construct PCC Curb, Type 'B-1" Per HB Std. Plan 201 @ Dollars ap $ $ .5-8/ a t? Cents Per L.F. 4 6786 S.F. Sawcut & Re ve Existing AC Pavement Dollars $ / $ Cents Per S.F. 5 325 Ton Instal► 8" AC per Detail) A_ @ 6^C AUQdkd IPX Dollars $ �/ ^' $ ✓ l��`w -flt�y Cents Per Ton 6 5 Ea. Adjust Existing Utility Box to GradeO� @ bAfc �U�VrOf 01 Dollars $ 'QD �O $ Cents ^WV Per Ea. Total Amount Bid in Figures: $ /'3 7 0 e Total Amount Bid in Words:.. Y .�l W !2..................... u�................................ ix u &Ie ►�' Add Alternates Al 1 L.S. Clear and Grub �I)�� @ 61� -Adu� �d k Dollars ��- $ f-'-i-" ;Z" Cents Per L.S. A2 220 C.Y. Import Clean Fill and Grade @ S�4- Dollars �Z" Cents $s� Per C.Y. A3 6 Ea. Adjust Existing Sewer Manhole to Grade( @ Sri '77'� Dollars Cents o 0�0� Per Ea. A4 750 L.F. Remove Existing I'' ,Diia. Log Barricade @%�/"`^� �` Dollars /I $ Cents Per L.F. T C-1s AI- - A,, 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 +, 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. d Accompanying this proposal of bid, find�«oEa.sBmwin the amount of $ l0 lP3tc�,vhich 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: C-2 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange AN tit IR4-%L-1 being first duly sworn, deposes and says that he or she is 'PRESME;M- of :DkAAoN coNST CA . 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. "a.1 cs� tJ ST. Go Name of Bidder SMgna ef Bidder A ..ES t D ENT ANNV� ass wpmsotJ ST. C-%fPRESS CA-9063a Address of Bidder Subscribed and sworn to before me this day of , 200' I'Yi ai-6o Y e+ An YA I I o,. proved 4-o me bks1S o cc ' pe o, h TEFL �y(e _ CLAUDIA SANCHEZ NOTARY PUBLIC - CALIFORNIA COMMISSION # 1648407 ORANGE COUNTY NOTARY PUBLIC My Comm. Exp. February 28, 2010 NOTARY SEAL C-4 `_ UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: DULY 31. a�% _DAiMoN C-C'NSr. CLl Contractor WABOWt� " _ -I •1,, Plies o:>sNT' Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes )i(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 t COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: r7— 31— O DAhAA=)N C-C>W ST- C� Contractor PR —S t -bENT" Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: MAMc)O C.© . Bidder Name 8�_35I WATS©tl ST' Business Address cG PASS Cam.. `0CC,3 n City, State Zip (714) 9gS-5490 Telephone Number a805 S 8 A State Contractor's License No. and Class Original Date Issued ,AP4Zt L_ Expiration Date The work site was inspected by L-U t S 4<U of our office on luLY �S , 2007 The following are persons, firms, and corporations having a principal interest in this proposal: LA CA, u FbRN I. A cry Rf T"1 CN) M A,Rt-A.R :r P.N N p4j 11-- 4PRES t -T- A Nz)y k- 1 F-E-=; -- SF�_• /T'R�+'�Sr 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. -DAMoN C..o N s C . C� Company Name Signature of Bidder ARC-�P�T' /4 N tJ RL.� LLL�-- 1�tZES l 17E.t�T— Printed or Typed Signature i� 'Sf C" I.)Cyr, a Ccvvri� of 9ye-y1-'e Subscribed and sworn to before me this day of Lk, 1�j , 200� bi,1 t'5 rti re A h h IRv 1 lo, pm\��J -% Vie K +{ e_// loAs-I jo 5� {i > vy zrt�cQ rapt��� OK • a,,, CLAUDIA SANCHEZ .� NOTARY PUBLIC - CALIFORNIA COMMISSION # 1648407 ORANGE COUNTY My Comm. Exp. February 28, 20t0 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: R-a-ASE SEE TPR� Er-=- -RaF 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 11 8851 WATSON STREET • CYPRESS, CA 90630-2243 (714) 995-5490 • FAX (714) 995-5707 PROJECT REFERENCES PUBLIC AGENCIES City of Alhambra Frances Moore (626) 570-5090 City of Arcadia Mark Rynkiewicz (626) 256-6552 City of Bell Carlos Alvarado (626) 960-1889 City of Brea Brian Ingallinera (714) 990-7600 City of Cerritos Mary Ann Wozniak (562) 860-0311 City of Commerce Martha Gomez (323) 7224805 City of Costa Mesa Carlos Castellanos (714) 754-5343 City of Cudahy Carlos Alvarado (626) 960-1889 City of Cypress Jim Gor'n (7.14} 22267AS City of Downey Jim Bautista (562) 904-7117 City of El Segundo Paul Bowen (310) 524-2356 City of Hermosa Beach Tristan Malabanan (310) 318-0228 City of Inglewood Teresa Kneedler (310) 412-5333 City of Irvine Judy Morse (949) 724-7664 City of Long Beach Sadie Tuaa (562) 570-6537 City of Lynwood Antonio Perez (310) 603-0220 City of Maywood Lissette Calleros (323) 562-5700 City of Montebello Robert King (323) 887-1200 City of Newport Beach Frank Tran (949) 644-3311 City of Orange Alan Truong (714) 744-5568 City of Pasadena David Ortega (626) 744-6912 City of Pico Rivera Romeo Ligason (562) 8014421 City of Santa Ana William Albright (714) 647-5029 City of Santa Monica Monica Diaz (310)458-2205 City of Thousand Oaks Jocelyn Bylsma (805)449-2456 City of Torrance Sue Herbers (310) 781-7532 Dept of Parks & Recreation Robert Scholfield (949) 496-1866 L.A. Unified School Dist. Maria Martinez (213) 241-2702 O. C. T. A. Sarah Strader (714) 560-5633 Palos Verdes Peninsula USD Lora Dodell (310) 378-9966 City of Whittier David Mochizuki (562) 464-3510 City of Yorba Linda Mark Stowell (714) 961-7170 City of Vernon Max (323) 583-8811 County of Orange Lori Hanson (714) 567-6257 PRIVATE FIRMS ARB Structures Debbie Esparza (949) 598-9242 Archstone — Smith CJ Wiemann (949) 455-4500 Bernards Bros. Paul Richardson (949) 461-3650 Bomel Construction Elizabeth Marin (714) 279-3224 Robert Castognia Don Perea (562) 803-3328 CT&F Manny Rosales (562) 927-2339 R.J. Daum Const. Mark Perong (714) 8944300 Del Arno Construction Roy Northup (310) 378-6203 Dynalectric Therese Jelnick (714) 484-2305 Excel Paving Co. Curt Brown (562) 599-5841 Eastside LRT Const. Al Guerrero (323) 980-2544 ex.227 ex. 221 t , , 4 M rl- -M � I �dj/' d 8851 WATSON STREET • CYPRESS, CA 90630-2243 (714) 995-5490 • FAX (714) 995-5707 PROJECT REFERENCES GCI Construction, Inc. Janet Russell (714) 957-0233 Hathaway Dinwiddie Kip Drabeck (213) 236-0500 Henzel-Phelps Construction Ken Ketchum (949) 852-0111 Kemp Bros., Inc. Pegi Early (562) 236-5000 Keiter Corporation Bonch Nagata (323) 266-6302 Laird Construction Terri Duval (909) 989-5595 H. A. Lewis Inc. Herbert Lewis (310) 478-1511 Majich Bros. Paul Majich (626) 398-9992 John T. Malloy Inc. Justin Malloy (323) 780-9942 C.C. Myers Tracey Carlson (916) 635-9370 R.J. Noble Co. Jennifer De Iongh (714) 637-1550 W.E. O'Neil Construction Jim Surdyk (310) 643-7900 PCL Construction Services Paulina Cook (213) 614-0481 Peck/Jones Construction Dan Dagert (310) 423-3964 T. T. Polich Associates Donald Kral (714) 8354612 Hensel Phelps Construction Clint Squire (714) 938-3300 Premier Stamp Concrete Dominick Ingraffic (909) 865-3362 Mike Prlich & Sons, Inc. Pete Serdarusich (323) 283-7852 Ryco Construction Tycanne Arceri (310) 324-1151 Sema Construction Micaiah Revero (949) 470-0500 J.F. Shea Const. Jack Herrington (909) 5954397 St. Cornelius Church Ted Brodeur (562) 425-7813 Steiny and Co. Robert Hernandez (626) 338-9923 Swinerton Builder. Kevin Hermreck (949 )622-7000 TG Construction Ed Wright (310) 640-0220 Taisei Corp. Carolyn Carpenter (714) 886-1530 Thomsen Landscape Merle Thomsen (818 )344-0158 Ken Thompson Schalk Opperman (714) 995-1371 Trammel — Crow Bill Gertsner (310) 229-8919 Valleycrest Landscape Michelle Duran (818) 834-1000 Valverde Construction Chris Valverde (568) 906-1826 Western Paving Bill Miller (626) 338-7889 Howard S. Wright Construction Linda Madrigal (949) 567-1909 Woodcliff Corporation Omead Tabrizi (818) 784-8444 2 r r Dam" e4o eogao 8851 WATSON STREET • CYPRESS, CA 90630-2243 (714) 995-5490 • FAX (714) 995-5707 CONTRACT COMPLETION CONTRACTOR/AGENCY PROJECT AMOUNT DATE CITY OF ALHAMBRA 2004 HANDICAPPED RAMP 94,506.00 07-04 STEINY & CO. SORRENSON AVE.-ALHAMBRA 24,693.00 08-04 CITY OF RIVERSIDE ALLEY IMPROVEMENTS 279,701.00 08-04 FTR INTERNATIONAL BROADWAY/GOLDEN E.S. LONG BEACH 35,342.00 08/04 STEINY & CO. SMART CROSSING, LANCASTER 546,884.00 08/04 MCM CONST. STATE HWY-COSTA MESA 149,420.00 08/04 LAUSD HILLCREST E.S. 119,791.00 11/04 MAJICH BROS, INC. 4TH ST., SANTA MONICA 211,634.00 11/04 CITY OF COMMERCE SAFE ROUTES TO SCHOOL 346,775.00 11/04 R.J. NOBLE CO. CITYWIDE ANNUAL RESURF.-L. NIGUEL 124,387.00 12/04 VALLEYCREST LANDSCAPE WLACC CAMPUS-CULVER 162,672.50 12/04 THOMSEN LANDSCAPE VAN NUYS NEIGHBORHOOD-L.A. 3,840.00 01/05 CITY OF ORANGE ROLLING GREEN LANE -QUEENS GATEWAY 68,150.00 01/05 HATHAWAY DINWIDDIE AVENUE OF THE STARS LA 12-04 49,400.00 02/05 PALOS VERDES PENINSULA USD ASPHALT & CONCRETE REPAIT (PH 1) 260,000.00 02/05 PALOS VERDES PENINSULA USD ASPHALT & CONCRETE REPAIT (PH 1 1) 122,580,00 03/05 C.C. MYERS 07-1257UA4, DIAM BAR/INDUSTRY 106,500.00 03/05 AMELCO CO. ADDITIONS TO BELL GARDENS, H.S. 643,000.00 04105 CITY OF LONG BEACH ANNUAL CONTRACT R65-95 4,481,300.00 05/05 CITY OF INGLEWOOD ALLEY CONST. PROG 04-79 277,420.00 07/05 C.C. MYERS 07-1257UA4, DIAM BAR/INDUSTRY 106,500.00 07/05 KAJIMA BONNIE AVE PARKING STRUCTURE 425,390.00 08/05 HOWARD S. WRIGHT HERMOSA PAVILLION 85,924.00 10/05 R.J. DAUM CONST. LA SOUTWEST COLLEGE 256,138.00 11105 KAJIMA BONNIE AVE PARKING STRUCTURE 425,390.00 11/05 LAIRD CONSTRUCTION SIDEWALK RAMPS -RIVERSIDE 128,142.50 11/05 BEN F. SMITH NEWPORT BEACH PARKING STRUCTURE 19,115.00 11/05 STEINY & CO. LAGUNA NIGUEL@ AVERY PKWY 1-15 38,470.00 11/05 HENSEL PHELPS UCI MEDICAL -ORANGE 56,000.00 11/05 SWINERTON BUILDERS OCTA BUS PARKING STRUCTURE 410,825.00 11/05 WOODCLIFF BELMONT NEW PRIM CTR. 146,433.00 11/05 CITY OF HERMOSA BEACH CONCRETE IMPROVEMENTS 87,920.00 11/05 EXCEL PAVING CO. (4277) GETTY CENTER DRIVE = SEPULVEDA LOS ANGELES 25,000.00 11/05 CITY OF WHITTIER CONCRETE IMPROVEMENTS 189,510.00 12/05 KEMP BROS. HUNTINGTON PARK E.S. 05-04 394,000.00 12/05 H.A. LEWIS ALEXANDRA E.S. 23,192.15 12/05 H.A. LEWIS VICTORY E.S. 62,394.00 12/05 R.J. NOBLE CO. RESIDENTIAL ST.-FULLERTON 356,479.00 12/05 CITY OF PASADENA WASHINGTON POP -OUTS 570,752.50 12/05 R.J. DAUM CONST. LA SOUTWEST COLLEGE 256,138.00 12/05 KEMP BROS. HUNTINGTON PARK E.S. 05-04 394,000.00 12/05 BOMEL CONSTRUCTION COVINA METROLINK 51,377.00 01/06 EXCEL PAVING SOUTH ST.-ANAHEIM 114,730.00 01/06 TAISEI CONSTRUCTION DEL MAR STATION-PASADENA 153,320.00 01/07 DEL AMO CONSTRUCTION PACIFIC CHARTER-CRENSHAW, L.A. 140,232.00 02/06 DEPT. OF PARKS & RECREATION DOHENY STATE BEACH 49,839.00 02/06 CITY OF YORBA LINDA ACCESS RAMP IMPROVEMENTS 115,996.25 02/06 CITY OF SANTA ANA OMNIBUS CONCRETE REPLACEMENT 403,835.00 03/06 CITY OF MONTEBELLO SAFE ROUTE TO SCHOOL(SR2S) 229,688.00 03/06 CITY OF ALHAMBRA 2005 HUD CONCRETES/W REPAIR PROJECT 148,960.00 03/06 EXCEL PAVING CO. (4295) CULVER BLVD. & VISTA DEL MAR ST. - LOS ANGELES 22,235.00 03/06 EXCEL PAVING CO. (4469) PC TURN LANE - CENTURY CITY 19,800.00 03/06 EXCEL PAVING CO. (4297) VICTORY & TOPANGA (TOPANGA MALL)-CANOGA PARK 6,200.00 03/06 PORT OF LONG BEACH EIGHT DRIVEWAYS -VARIOUS LOCATIONS 29,472.00 03/06 8851 WATSON STREET • CYPRESS, CA 90630-2243 (714) 995-5490 • FAX (714) 995-5707 CONTRACT COMPLETION CONTRACTORIAGENCY PROJECT AMOUNT DATE ROBERT CASTOGNIA STREET IMPROVEMENTS-TORRANCE 110,111.50 04/06 BERNARD BROS. SUNRISE ASSISTED LIVING -PLAYA VISTA 62,979.00 05/06 CITY OF TORRANCE CURB & GUTTER REPLACEMENT 1,082,441.00 05/06 CITY OF LYNWOOD SM CURB & RAMP IMPROVEMENTS 247,240.00 05/06 R. J. DAUM CONSTRUCTION SBC EL TORO BLDG. ADDITION - LAKE FOREST 18,783.00 05/06 R. J. DAUM CONSTRUCTION 4011405 N. LA CADENA DRIVE - COLTON 9,352.00 05/06 BOMEL CONSTRUCTION CAL STATE FULLERTON PKG STRUCTURE II 154,710.00 05/06 R.J. DAUM CONST. ORANGE COUNTY JUVY HALL 233,067.50 05/06 DYNALECTRIC (35020) AZUSA AVE. / SAN GABRIEL RD. - COVINA & AZUSA 12,785.00 05/06 DYNALECTRIC (35044) GARFIELD AVE. - MONTEREY PARK, MONTEBELLO 21,945.00 05/06 DYNALECTRIC (35030) AZUSA AVE. / SAN GABRIEL RD. - COVINA & AZUSA 12,785.00 05/06 CITY OF CUDAHY CURB RAMPS -VARIOUS LOCATIONS 37,600.00 05/06 EXCEL PAVING CO. (4307) NEWPORT SHORES REHAB 322,510.00 06/06 CITY OF PICO RIVERA PROJECT 2007 WASHINGTON BLVD. 343,379.90 06/06 MAJICH BROS, INC. SEWER IMPROVEMENT -GARDEN GROVE 294,350.00 07/06 EXCEL PAVING (4205,4206 & 4207) CHARLES DREW MIDDLE SCHOOL 172,829.00 08/06 CITY OF LONG BEACH R-6666 THE ANNUAL CONTRACT 1,500,000.00 12/06 ARB STRUCTURES, INC. POINT NORTH ENTRY, WEST HILLS 105,304.00 11/06 CITY OF ARCADIA 05-'06 ANNUAL CONCRTE REPAIR 291,998.50 11/06 CITY OF CYPRESS CONCRETE IMPROVEMENTS 176,006.00 11/06 R.J. NOBLE CO.(91029) REHAB. OF ARTESIA BLVD.-BUENA PARK 64,860.00 11/06 CITY OF CUDAHY S/W REPLACEMENT - VARIOUS LOCATIONS 47,276.00 11/06 ST. CORNELIUS CHURCH LONG BEACH IMPROVEMENTS 18,221.00 11106 TG CONSTRUCTION 2120 AUTO CENTER DRIVE - GLENDORA 67,765.15 11/06 CITY OF MAYWOOD SIDEWALK RECONSTRUCTION 171,626.00 11/06 JOHN T. MALLOY, INC. MISC. PCC WORK - NEWPORT BEACH 51,693.00 11/06 EXCEL PAVING CO. (4349) LA FITNESS DOWNEY 16,687.00 11/06 CITY OF EL SEGUNDO ANNUAL CONTRACTO FOR CURB & SIDE WALK 92,386.00 11/06 EXCEL PAVING CO. (4358) EL MODENA ALLEY REHABILITATION, - ORANGE 10,000.00 11/06 EXCEL PAVING CO. (4366) ANNUAL STREET IMPROVEMENT - ALHAMBRA 28,373.00 11/06 THOMSEN LANDSCAPE PICO BLVD. BUS STOP IMPROV. LOS ANGELES 10,360.00 11/06 CITY OF SANTA MONICA CENTINELA & NEBRASCA AVE. IMPROVEMENTS 29,500.00 IN PROGRESS STEINY & COMPANY LACO-PACIFIC, LONG BEACH VAR CITIES LA COUNTY 25,000.00 IN PROGRESS SWINERTON BUILDERS CHOC PARKING STRUCTURE- ORANGE, CA 94,448.00 IN PROGRESS EXCEL PAVING (4314) MARQUEE TOWER-MICHELSON, IRVINE 130,719.00 IN PROGRESS EXCEL PAVING (4313) SSA PARKING LOT REHABILITATION 10,560.00 IN PROGRESS GCI CONSTRUCTION INC. 226TH ST. EXT. & STORM DRAIN - HAWAIIAN GARDENS 161,150.00 IN PROGRESS T. T. POLICH ASSOCIATES CORBIN & MASON BRIDGES - LOS ANGELES 38,926.00 IN PROGRESS HATHAWAY DINWIDDIE AVENUE OF THE STARS - LOS ANGELES 879,523.00 IN PROGRESS COUNTY OF ORANGE ANNUAL PCC MAINTENANCE REPAIR 100,000.00 IN PROGRESS EXCEL PAVING CO. (4339) CITYWIDE LOCAL STREET PROGRAM - LONG BEACH 520,284.00 IN PROGRESS GCI CONSTRUCTION INC. ORANGE -OLIVE ROAD & HEIM - C/O ORANGE 45,675.00 IN PROGRESS ROBERT G. CASTONGIA, INC. 1-37 DOWNTOWN SEWER REPLACEMENT - TORRANCE 67,967.50 IN PROGRESS EXCEL PAVING CO. (4340) SLAUSON AVE. IMPROVEMENTS - PLAYA VISTA 201,482.00 IN PROGRESS EASTSIDE LRT CONSTRUCTION METRO GOLD LINE EXT. PROJECT - LOS ANGELES 1,225,751.50 IN PROGRESS CITY OF LYNWOOD 2005-2006 SIDEWALK IMPROVEMENTS 41,210.00 IN PROGRESS CITY OF VERNON CITY WIDE CONRETE REPAIR 125,200.00 IN PROGRESS EXCEL PAVING CO. (4344) RANCHO SANTIAGO COLLEGE - SANTA ANA 4,325.00 IN PROGRESS OCTA CONCRETE PVMT. GARDEN GROVE & ANAHEIM BUS BASES 989,000.00 IN PROGRESS EXCEL PAVING CO. (4353) FOUNTAIN VALLEY HIGH SCHOOL 77,241.00 IN PROGRESS CITY OF IRVINE ANNUAL CONCRETE MAINTENANCE 208,702.00 IN PROGRESS TRAMMEL - CROW CHEVIOT HILLS MEDIAN ISLANDS - LOS ANGELES 380,885.00 IN PROGRESS EXCEL PAVING CO. (4354) LA BREA AVE. STREET IMPROVEMENTS - HOLLYWOOD 18,900.00 IN PROGRESS SWINERTON BUILDERS KAISER MEDICAL OFFICE EXPANSION - GARDEN GROVE 125,782.00 IN PROGRESS CONTRACTORIAGENCY R. J. NOBLE EXCEL PAVING CO. (4329) PCL CONSTRUCTION MAJICH BROS, INC. R. J. NOBLE COMPANY R. J. NOBLE COMPANY ARB STRUCTURES, INC. CITY OF LONG BEACH R. J. NOBLE COMPANY MIKE PRLICH & SONS, INC. ARB STRUCTURES, INC. CITY OF BELL ARCHSTONE — SMITH EXCEL PAVING CO. (4416) MIKE PRLICH & SONS, INC. DEL AMO CONSTRUCTION EXCEL PAVING CO. (4419) ARB STRUCTURES, INC. CITY OF BREA TRADEMARK CONCRETE 8851 WATSON STREET • CYPRESS, CA 90630-2243 (714) 995-5490 • FAX (714) 995-5707 CONTRACT COMPLETION PROJECT AMOUNT DATE DALE STREET REHABILITATION — BUENA PARK 9,881.25 IN PROGRESS SUNSET BLV. MANDEVILLE CYN. RD — LOS ANGELES 104,379.50 IN PROGRESS THE MARKET @ 9TH & FLOWER — LOS ANGELES 289,498.00 IN PROGRESS GLENDALE 83,083.63 IN PROGRESS HARBOR BLVD. IMPROVEMENTS —ANAHEIM 38,020.00 IN PROGRESS LINCOLN AVE. IMPROVEMENTS — ANAHEIM 14,561.25 IN PROGRESS 636 MAPLE AVE. MULTI —MODAL — LOS ANGELES 44,537.00 IN PROGRESS SECOND AMENDMENT SIDEWALK REPAIRS 2,500,000.00 IN PROGRESS BREA BLVD.IMPROVEMENTS 89,966.00 IN PROGRESS STORM DRAIN — YORBA LINDA 9,351.00 IN PROGRESS W. HILLS CORP POINT PARKING — WEST HILLS 70,015.00 IN PROGRESS SIDEWALK REPLACEMENT FY 2006-2007 60,428.50 IN PROGRESS DEL MAR STATION OFF SIDE WORK — PASADENA 280,089.20 IN PROGRESS STIMSON AVE. ST. IMPROVEMENT — LA PUENTE 91,403.00 IN PROGRESS STORM DRAIN IMPROVEMENT— ORANGE 19,717.50 IN PROGRESS SIERRA CANYON HIGH SCHOOL PASE II — CHATSWORTH 336,000.00 IN PROGRESS PARKING STRUCTURE #2 — IRVINE 46,827.00 IN PROGRESS OLIVE STREET PARKING STRUCTURE — LOS ANGELES 50,111.00 IN PROGRESS CORSICAN VILLAS CURB ACCESS RAMPS 55,765.00 IN PROGRESS 3161 MICHELSON — CITY OF IRVINE 13,852.00 IN PROGRESS Zb MOT cPEK W t'rH RE6uLAR MAI I.. "MLSIW,f JuLY 31) 2oc7 a:oo'Pnn PRC�AL FO'R& EbIWG c lz 2007 JUL 3 I PM 1: 4 7 IT CATtf OF HuNTtnlGTold1 oFFIc.E CP C%TY C1�f amb RGCR aCeo MAIN Pon kuN�nlsTpnl BFI�} cA• 9a��+8 a -� City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 12, 2007 Damon Construction Company 8851 Watson Street Cypress, CA 90630 Re: Edinger Avenue Parkway Improvements, Phase 1 — CC-1275 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the 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 one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Economic Development Department at 536-5582. Sincerely, Joan L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister New Zealand (Telephone: 714-536-5227 ) 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 APPROVED AS TO FORM on this day of , 20 By: 5-11-7/,o 3 zo oc� Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 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: 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. 247542.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] c�3RA' Title: [Type Title] E rF R A ORNEX - 3 CL4P 245911.1 DATE(MMMMYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID H DAMONCO 08/30/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO The Wooditch Company Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Park Plaza, Suite 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Irvine CA 92614 Phone: 949-553-9800 Sax: 949-553-0670 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Navigators Specialty Insuxanae INSURERS: Peerless Insurance Company 24198 INSURER0: Oak River Insurance Cov;=y Damon Const. Co. 8851 Watson Street Cypress CA 90630-2243 INSURERD' INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAM. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MWDDIYY DATE MWDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 A X X COMMERCIAL GENERALUABILTIY SF06CGLOO1280-01 03/01/07 03/01/08 PREMISES (Ea occurence) $ 50,000 CLAIMS MADE FX] OCCUR MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 , 000 , 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG s2,000,000 POLICY X JECOT- LOC Emp Ben. 1,000,000 B AUTOMOBILE X LIABILITY ANY AUTO BA8245272 03/01/07 03/01/08 COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000 r 000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO $ EXCESSIUMBRELLA LIABILITY ki Ary i r rUVILEACH OCCURRENCE $ OCCUR CLAIMS MADE OF AGGREGATE $ IF McGI TI-I, Ci tt me /�/a $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE 2200050047-071 01/01/07 01/01/08 N. X TORY LIMBS I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYE $ 1,000,000 OFFICERIMEMBER EXCLUDED? Hyss describeunder SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT Is 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS RE: Damon Job #1162AF; Edinger Avenue, Parkway Improvements Phase 1, Cash Contract 1275. The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers are included as Additional Insureds as respects General Liability per attached endorsement. **SEE NOTES** glaip/wcwv/x CERTIFICATE HOLDER CANCELLATION City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 HUNTING I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA DATE THEREOF, THE ISSUING INSURER WILL;faWWA&W TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RWX RRXVJ L9 )WftL I R TS OR IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Damon Const. Co. Policy #SF06CGL001280-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 1185 SCHEDULE Name of Person or Organization: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, and volunteers that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, provided the Company is notified in writing within 30 days of the Inception of the contract or agreement, or the inception of this policy whichever is later. RE: Damon Job #1162AF; Edinger Avenue, Parkway Improvements Phase 1, Cash Contract 1275. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respect to liability arising out of "your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement; Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subro ag tion If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverage's provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent Residential or habitational occupancy. The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF 160 (9/2003) Oak River Insurance Company PO Box 881236, San Francisco, CA 94188 Phone: (888) 495-6949 Fax. (866) 228-4613 International Facilities Insurance Services, Inc. International Facilities Insurance Services, Inc. {Los Angele 600 Wilshire Boulevard Suite 1400 Los Angeles, CA 90017 ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED: DAMON CONSTRUCTION COMPANY, INC. DBAs: See extension page on policy 8851 WATSON STREET CYPRESS, CA 90630 The following documents provide details for the following endorsement: Subro Waiver Endorsement (Blanket) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 (Ed 01-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 % of the California workers' compensation premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 350.00 Schedule Person or Organization Job Description All Organization for Whom the Waiver of Subrogation is issued All California Operations This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2007 Policy No. 2200050047-071 Endorsement No, 1 Insured DAMON CONSTRUCTION COMPANY, INC. Premium $ Insurance Company Countersigned by Oak River Insurance Company WC 99 0410 (Ed 01-07) RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: 9/& SUBJECT: Bond Acceptance 1 have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved U v (C uncil Approval Date) (Company Name) Agenda Item No. City Clerk Vault No. #27 g:/followup/bondletter.doc EXECDTED IN DUPLICATE Bond No. 4361649 PRENIUM.: $1,982.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated August 20 , 20 07 entered into a contract with DAMON CONST. CO 8851 WATSON STREET, CYPRESS, CA. 90630-2243 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: CC-1275 EDINGER AVENUE PARKWAY DipROVEMENTS PHASE 1 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and SIIRETEC INSURANCE COMPANY 3033 FIFTH AVENUE SUITE, 300, SAN DIEGO, CA. 92103 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of ONE HUNDRED THIRTY SEVEN THOUSAND SIX HUNDRED SIX & 00/100--- Dollars ($, 606.00--- ), 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 bythe 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 performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it 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 277S91, PERFORMANCE. BOND Page 1 of 2 Bond No. 4361649 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 duty executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: AUGUST 30, 2007 ATTEST _ DAMON CONST. CO. (Corporate Seal) (Principal Name) By: Name: Aa&ket Ann Rullo Title: PRESIDENT ATTEST (SEE CA ALL—PURPOSE ACKNOWLEDGEMENT AND POWER OF ATTORNEY ATTACHED) SURETEC INSURANCE COMPANY (Corporate Seal) (Surety Name) By: Name: JEWETTE SEIDL ( nature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) 6119j 400-4107 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH c B, c athifer Mty ney 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-in-fact must be attached. 27's91-1 PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNA County of ORANGE On 08/30/07 before me, MARIA MARCELINA A. GODINHO, NOTARY PUBLIC, personally appeared MARGARET ANN RULLO, ® personally known to me -OR- ❑ 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) ooe00000.0000000000000000000000000000o acted, executed the instrument. MARIA MARCELINA A. GODINHO w COMM. #1550552 CC NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY : WITNESS my hand and official seal. '` •�^ ' My Coinim. Expires Feb. 6, 2009 0 e00000a00000000ee$o�oo.�.�ooaooe000000ss �l i 1 Si tune of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CA-ICW 24 (7/00) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I SAN DIEGO ss. County of On AUGUST 30, 2007 before me, GLADYS D. ROGERS, NOTARY PUBLIC Date Name and Title of Officer (e.g_. "Jane Doe, Notary Public") personally appeared JEANETTE SEIDL Name(s) of Signers) GLADYS D. ROGERS Commimlon It 1537880 .. Notary Public - California} , : San Diego County ,MyComm. Dec 24, 2MMM Place Notary Seal Above 99 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(j) whose name(b) isJwersubscribed to the within instrument and acknowledged to me that he/she/" executed the same in his/her/t#veir authorized capacity(ie4, and that by 46/herAheir signature() on the instrument the person(), or the entity upon behalf of which the person(A) acted, executed the instrument. WITNESS my hand of Notary 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) Number of Pages: Signer's Name: Signer's Name: ❑ individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Tftle(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General f0 Attorneyin Fact ❑Attorne in Fact ' Top of thumb here Y Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: SURETY POA#. 510034 SureTee Insurance Company LINT TED POWER OF ATTORNEY" Know Aft Men by nese 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: Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby, Brooke Lafrenz, Jeanette Seidl of La Jolla, CA its true and lawful Attorneys) -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge. and deliver any and all bonds, recognizances, undertakingsor 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 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the: President, sealed with the corporate seal of the Compatty and duly attested by its Secretary, hereby ratifyingand confirming all that the. said Attotney(s)-inFact may do in, the premises. Said appointment shall continue in -force until 10/31 /08 and is trade under and by authority of the following resolutions of the Board of Directors of the SureTec'insurance Company - Be it Resolved, that the President, any mice -President, any Assistant Vice -President, any Secretary vrany A$sistatti Secttary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneylsyin-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Foet 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 ail 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.ef ected by 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 Apr 1, 1999.) In WiMess Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its .corporate seal to be hereto affixed this 20th day of June, A.D. 2005. emu: TEC RANGE COMPANY ' / > B.J. I{i g, reside t State of Texas ss: °. County of Harris �...� On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by are 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------------------- lMiCheft D ly *� }. > aTexas My Comet Exp&es Michelle Denny, Notary lie August 27, 2W8 My commission expires August 27, 2008 1, 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 still in full force acid 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 30TH day a AII ST , 2007 A.D. Brent Bea , istant Sec fury 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 betwoen 8:00 am and 6.00 pm CST. ISSUED IN DUPLICATE Bond No. 4361649 PREMIUM: Included in Performance PAYMENT BOND Bond (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to DAMON CONST. CO. 8851 WATSON STREET, CYPRESS, CA. 90630-2243 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: CC-1275 EDINGER AVENUE PARKWAY IMPROVEMENTS PHASE 1 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and SURETEC INSURANCE COMPANY 3033 FIFTH AVENUE SUITE, 300, SAN DIEGO, CA. 92103 (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 THIRTY SEVEN THOUSAND SIX HUNDRED SIX & 00/100--- doltars, ($ 137, 606. 00-- ), 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, shalt in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277589.1 PAYMENT BOND Page 1 of 2 Bond No-4361649 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: AUGUST 30, 2007 ATTEST (Corporate Seal) DAMON CONST. CO. (Principal Name) By: Name: et Ann Rul o Its: SIDENT ATTEST (SEE CA ALL—PURPOSE ACKNOW1.10GE14ENT M POWER OF ATTORNEY ATTACHED) (Corporate Seal) SURFT_F.0 INSURANCE CDNPANY (Surety Name) By: Name: J ETTE SEIDL (Si ature of Attomey4n-Fact for Surety) (619-) 400-4107 (Attach Attorney -in -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By ennifer Mc rath ity Attorney S�l 5%66 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-in-fact mvst be attached. M599.1 PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNA County of ORANGE On 08/30/07 before me, MARIA MARCELINA A. GODINHO, NOTARY PUBLIC, personally appeared MARGARET ANN RULLO, ® personally known to me -OR- ❑ 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) o000000000m00000�000000e00000a000000 acted, executed the instrument. ® aR MARIA MARCELINA A. G70DINHO 2 COINA I. #1550552 Y�� a NOTARY PUBLIC CALIFORNIA WITNESS my hand and official seal. s GRANGE COUNTY o •.,.a o Ply %or3!n, E0res Feb. 6, 2009 osooass-�e�.o.s:..�s���p�,� $a.%z•;oso®oro+t00000 � Signature Of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) CA-ICW 24 (7/00) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA• • ACKNOWLEDGMENT State of California County of SAN DIEGO I ss. On AUGUST 30, 2007 , before me, GLADYS D. ROGERS, NOTARY PUBLIC Date Name and Title of officer (e.g., 'Jane Doe, Notary Public*) personally appeared JEANETTE SEIDL Name(s) of Signers) GLADYS D. ROGERS w Commission # 1537880 Notary Public - Colifomia_ San Diego County My Comm. E)Ores Dec 24. 2008 PP personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(j) whose name(L) isFamsubscribed to the within instrument and acknowledged to me that 4e/shel" executed the same in 4is/her/t46x authorized capacity(ios}, and that by *iis/herAheir signature($) on the instrument the person(), or the entity upon behalf of which the person(t) acted, executed the instrument. WITNESS my hand a Place Notary Seal Above e 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) Number of Pages: Signer's Name: ner'sName: ElSig Individual individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General M Attorneyin Fact ' Top of thumb here El in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: SURETY POA M 510034 SureTec 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 Larry D. Cogdill, Michael W. Thomas, Ingrid Erika Crosby, Brooke Lafrenz, Jeanette Seidl of La Jolla, CA its true and lawful Attoracy(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds,, recognizances, undertakingsor 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 bonds 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 10131 /08 and is made under and by authority of the following resolutions of the Board of Directors of the $ureTec Insurance Company: Be it Resolved, that the President, any Vice=President, arty Assistant Vice -President, any Secretaryor,any Assistant Secretary shalt, be and is hereby vested with full power And authority to appoint any, one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorneys in -fact may be given full power and authority for and in the frame of and of behalf of the Company, to execute; acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditionaf 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 e€Wted by the Corporate Secretary. Beill 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 andbinding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201" of April, 1999.) In Wiyiness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President; and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. o TEC 1tANCE COMPANY By: B.J. Ki g, reside t State of Texas ss: .r County of Harris d; On this 20th day of June, A.D. 2005 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. Michelle Denny try wale a Xa L-'- Nly camn�tm Expires Michelle Denny, Notary P tie August 27, 200$ My commission expires August 2-7, 2008 1, 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 still 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 30TH WJ,AGUS07.D. Any instrument Issued In excess of the penalty stated above is totally void and without any validity. For ven'fiaation of the authority of this poweryou may call q13) 812-0800 any business day between 8.00 am and 5:00 putt CST. Company Profile Page I of 2 Company Profile SURETEC INSURANCE COMPANY 952 ECHO LANE, SUITE 450 HOUSTON, TX 77024 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 10916 NAIC Group #: 0000 California Company ID #: 4914-8 Date authorized in California: October 24, 2005 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile. TEXAS Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary_. SURETY Company Complaint Information Company_ Enforcement Action Documents Company -Performance & Comparison. Data Composite_Compl_aint_Studies Want More? http://interactive.web.insurance.ca.gov/webuser/idb_co__prof utl.get co proPp EID=105... 8/31/2007 Company Profile Page 2 of 2 Help Me Eind a Company_ Representative ink Area Financial Rating Organizations Last Revised -July 27, 2007 11:17 AM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_proPp_EID=105... 8/31/2007 RECEIVED BY: CITY CLERK RECEIPT COPY jf Return DUPLICATE to City Clerk's Office (Name)' tr after signing/datin r (Date) NO,CITY OF HUNTINGTON REACH B INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: 9 SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. ",Monument Bond No. Maintenance Bond No. yGuarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved G} tEJ (C 7ncll Approval Date) (Company Name) Agenda Item No. City Clerk Vault No.t f12- #27 g1followup/bondletter.doc Council/Agency Meeting Held: d� Deferred/Continued to: ro ed ❑ Denied *p oved ondition II A pro) U060 Ot Cle 's Sig ature Council Meeting Date: 8/20/2007 Department ID Number: PW 07-056 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR 4102 PREPARED BY: TRAVIS K. HOPKINS, PE, ACTING DIRECTO F PUBLIC W K�-� ENGINEERING SUBJECT: Award Construction Contract for Edinger Avenue Parkway Improvements, Phase 1, CC-1275 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 31, 2007, bids were opened for the Edinger Avenue Parkway Improvements, Phase 1, CC-1275. Staff requests that City Council award the contract to Damon Construction Company, the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $150,000 are budgeted from the Capital Improvement Reserve Fund. A local match of $40,661.75 is being provided by the Sea Isle Garden Club. The engineer's cost estimate for this project is $180,000. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Edinger Avenue Parkway Improvements, Phase 1, CC-1275; 2. Accept the lowest responsive and responsible bid submitted by Damon Construction Company, in the amount of $171,323.50; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; Alternative Action(s): Reject all bids, and provide staff with an alternative direction. F-/ REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/20/2007 DEPARTMENT ID NUMBER: PW 07-056 Analysis:The project is located along the north side of Edinger Avenue, between Saybrook Lane and Countess Drive. The parkway area is currently unimproved with no barrier to prevent off -road activities. The project will provide minimum improvements such as curb and gutter and earthwork to facilitate future landscaping to be funded by the area residents. The City Council authorized the expenditure of $90,000 for curb work, with an additional $60,000 to be matched by the local residents. This brings the total project budget to $210,000. The residents have raised approximately $100,000 to date, and will be contributing $40,661,75 toward the project at this time. In 2006, the City applied for a federal grant to fully fund the ultimate landscape project using the budgeted funds as a local match, but the application was unsuccessful. Bids were opened publicly on July 31, 2007, and are listed in ascending order: Bidding Contractor Base Bid Amount Add Alternatives A1,A2 & A4 Total Damon Construction Company $137,606.00 $33,717.50 $171,323.50 Nobest, Inc. $143,013.00 $84,500.00 $227,513.00 S. Parker Engineering, Inc. $159,052.00 $30,700.00 $189,752.00 Elite Bobcat Services $169,000.00 $35,370.00 $204,370.00 Accord Engineering $195,415.00 $42,400.00 $237,815.00 Bonsall Construction Svcs. $235,212.24 $53,010.00 $288,222.24 PALP Inc, DBA Excel Paving $303,284.00 $79,375.00 $382.659.00 Bid amounts were verified. The reference check for Damon Construction Company provided acceptable responses from past clients. Therefore, staff recommends award of the construction contract to Damon Construction Company, in the amount of $171,323.50. With contingency and supplemental expenses, the full project cost is estimated to be $200,000.00. Strategic Plan Goal: 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: The Public Works Commission reviewed and approved this project on June 20, 2007, with a vote of 4-0-3 (Harlow, Kirkorn and Spencer absent) Environmental Status: The work will be within existing right-of-way and on existing City facilities and is categorically exempt under CEQA section 15301(b). Attachment(s): -2- 8/7/2007 7:32 AM ATTACHMENT #1 VICINITY MAP LOCATION MAP N.T.S. N.T.S. EDINGER AVE PARKWAY IMPROVEMENTS, PHASE 1 IMPROVEMENT PROJECT, CC#1275 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Award Construction Contract for Edinger Avenue Parkway Improvements, Phase 1, CC-1275 COUNCIL MEETING DATE: August 20, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attt edNopucable A Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS, REVIEWED RETURNED FOR RD,ED Administrative Staff ( ) UIA) Deputy City Administrator (initial) ) (n w� City Administrator (Initial) ) ) City Clerk RCA Author: D.Erdman 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. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a CASH CONTRACT - dance with the--- pro_-vi- sions-of the California resident of the County aforesaid; I am over ' No.1275 in the Government Code;, Sec - tion 4590. The Contrac- the age of eighteen years, and not a party CITY OF HUNTINGTON BEACH for shall be beneficial owner. of the surety and to Or Interested in the below entitled matter. PUBLIC NOTICE IS HEREBY GIVEN that the shall receive any inter - estthereon., am a principal clerk of the HUNTINGTON CITY OF HUNTINGTON BEACH, as AGENCY, in- The AGENCY hereby af- firmatively ensures that BEACH INDEPENDENT, a newspaper of the sealed d projects above above stated ro ects minority ill be ssered prises will be afforded general circulation, printed and published in and will receive such bids in the ,office of the full opportunity to sub - mit bids in' response to the City of Huntington Beach, County Of City Clerk, Second Floor, 2000 Main Street, `Beach, this notice and will not be discriminated against Orange, State of California, and the Huntington Cali- forma 92648, up to the on the basis of race, color, national origin,' attached Notice is a true and complete copy hour 'of 2:00 P.M. on Tuesday, July 31, 2007. ancestry, sex, or reli- gion in any consider - as was printed and published on the Bids will be publicly open in the council ation leading to' the awardpfcontract. following date(s). Chambers unless other- wise posted. No bid shall be consid- 'eyed unless it is pre - Copies' of the Plans„, pared on the approved Specifications, .and, con- Proposal forms in con- tract documents are fo'rmance with the available, from the Office Instructions to Bidders: of the Director of Public The bid must be accom- Works, _2000 Main panied by a .certified Street, Huntington check, cashier's check, j Beach, CA` 92648, upon or bidder's bond made JULY 1 2 , 1 9 , 26 , 2007 nonrefundable ee0.0f for a nleamount AGENCY picked up, or payment than 10% of the amount of a $30.00 nonrefun- bid. The successful bid- dable fee if -mailed via der shall be licensed, in U.S. Postal Service, accordance with provi- FedEx, UPS or any other sions of the Business delivery service. and Professions Code `Any contract entered in- i and shall possess a'i to pursuant to this no-' tice will incorporate the Ii State' Contractor's Li- cense Class at the time provisions of the State { of the bid opening. The Labor Code. Pursuant to 1' successful Contractor the provisions of the! and his subcontractors Labor Code of the State; will be required to pos- declare, under penalty of perjury, that the of. California, the mini -I, sess business licenses mum' prevailing rate of i from the AGENCY. foregoing Is true and Correct. ! per diem wages for each craft, classification' or The -AGENCY reserves the right to reject any type of workman needed or all -bids, to waive any, to execute the contract .irregularity and to take i shall be those deter- I all -bids under advise - mined by the Director of ment for` a maximum i Executed on JULY 2 6 , 2 O 0 7 Industrial Relations of the State of California, period of 60 days, BY ORDER of the CITY ' Beach, California which are on file at the ; COUNCIL of the CITY OF at Huntington ; :Office of the Director of HUNTING4TON BEACH, Public,Works, 2000 Main CALIFORNIA, the 5th day Street; -Huntington of September 2006, by Beach, CA 92648. Resolution No. 2006-56. The AGENCY will deduct, 10% from Attest: /s/ Joan L. Flynn a retention all progress payments. The Contractor may substi- - CITY CLERK OF THE 1 CITY OF HUNTINGTON Signature tute an escrow holder BEACH . surety of equal value to Published Huntington the retention in actor- : Beach Independent July — - - - 12, 19, 26, 2007 072-607 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. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a 'CASH dance with the provi- sions of the California resident of the County aforesaid; I am over CONTRACT No. 127.5 ' in Government Code, Sec - tion 4590. The Contrac- the age of eighteen years, and not a party the CITY of EACHNG70N tor. snarl be beneficial owner of the surety and ; to or Interested in the below entitled matter. PUBLIC NOTICE IS HEREBY GIVEN that the shall' receive any inter - estthereon. am a principal clerk of the HUNTINGTON p p CITY OF HUNTINGTON I The AGENCY hereby af- firmatively ensures that BEACH, as AGENCY, .in- minority business enter- BEACH INDEPENDENT, a newspaper of vites sealed bids for the above stated projects prises will be afforded_f general circulation, printed and published in and will receive such 1�bids in the office of the . full opportunity to sub mit bids in respqnse to /+ the City of Huntington Beach, County of IY City Clerk, Second Floor, 2000 Main Street, this notice and will not be discriminated against Orange, State of California, and the ; Huntington Beach; Cali- j ,fornia 92648, up to, the on .the basis. of race, color, national origin, attached Notice is a true and complete co p copy hour of 2:00 P.M. on Tuesday, July 31, 2007. ancestry; sex, or reli- g ion in , any consider-, as was printed and published on the p p Bids will be publicly , in the Council awar leading t. the award of contract. following date(s): open Chambers. unless other- i' No bid 'shall be consid- ered unless it is pre - wise posted. Copies of the Plans, pared on the approved Specifications, and con- Proposal forms in con- for,mance with the tract documents are available from the Office Instructions 'to Bidders. of the Director of Public The bid must be accom- panied by a certified Worksi 2000, Main Street, Huntington check, cashier's check, Beach, CA 92648, upon or bidder's bond made payable to the AGENCY JULY 1 2 1 9 2 6 2 0 0 7 payment.- of a $20.00 for an amount no less nonrefundable fee if picked up; or payment than 10% of. the amount of a $30.00 nonrefun- bid. The successful -bid- der shall be licensed in dable fee if mailed via U.S. Postal Service, accordance with provi= FedEx, UPS or any other sons of the Business and Professions Code delivery service. Any contract entered in- and shall possess a to pursuant to this no- State Contractor's Li- tense Class at the time', tice will incorporate.the provisions of the State of the bid opening. The Labor Code. Pursuant to successful Contractor and his subcontractors the provisions of the Labor Code of the)'State will be required to pos- I declare, under penalty of perjury, that the of California, the mini- sess business licenses foregoing is true and correct. g 9 mum prevailing rate of per diem wages for each from the AGENCY. The AGENCY reserves craft,. classification the -right to reject any , or bids; to waive any d type execute he needed to execute the contract all irregularity and to take shall be those deter- all bids under advise - ' ment for a maximum Executed on JULY 26 2007 mined by ,the Director of Industrial Relations of I a nt of 6D days. p y CITY i , at Huntington Beach, California the State of California, ! which are on file at the BY ORDER of the 'HUNTINGTONCOUNCIL of e BEACHCITY Office of the Director of , CALIFORNIA, the 5th day I Public Works; 2000 Main of September 2006, by S Street, Huntington Beach, CA 92648. � Resolution No.2006-56. . The AGENCY will deduct j t: Attest: Joan L. Flynn a 10% retention from ail progress payments. The Contractor may substi- CITY CLERK OF THE CITY.'"OF'HUNTINGTON j BEACH Signature tute an escrow holder surety of equal value to Published Huntington i the retention in actor- 62a19,'26; 2007 072 607 City of Huntington Beach Edinger Avenue Parkway Improvements, Phase I 113 HUNTINGTON BEACH CC-1275 Bid Date & Time: July 31, 2007@ 2:00 P.M. BIDDER'S NAME RANK TOTAL BID AMOUNT 2. 4"u".'ec e 7 4. z000 5. 6. 7. %l 1. ` 1. a '" C ��5 .. �� J�v� 8. 9. 10. 11. 12. 13. 14. 15. Page 1 of 1 C. E 1 V D 2007 JUL 31 PH 1: 59 IIIJIN'T iNlt.i TO 14,41 i3E !% C I 2007 JUL 31 PM 2: 00 Kl- 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. PROOF OF PUBLICATION 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): JULY 12,19,26,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on JULY 26, 2007 at Huntington Beach, California Signature SOON NOTICE INVITING SEALED BIDS for the EDINGER AVENUE PARKWAY IMPROVEMENTS From Saybrook lane to Countess Drive CASH CONTRACT' No. 1275 , in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS, HEREBY GIVEN that 'the, CITY OF HUNTINGTON, BEACH, as 'AGENCY, in- vites 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, Cali- fornia 92648, up to the' hour of 2:00 P.M. on Tuesday, July 31, 2007.- Bids will be publicly open in the Council Chambers unless other- wise posted. Copies of the Plans, Specifications, and con- tract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon -payment of a $20.00 nonrefundable fee if picked up, or payment of a $30.00 nonrefun- dable fee if mailed via U.S. 'Posta) Service, FedEx, UPS or any other delivery service. Any contract entered in- to pursuant to this no- tice will incorporate the provisions of the State Labor Code. Pursuant to the provisions, of the Labor Code of the State of, California,, the mini- mum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be thosedeter- mined bythe Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA.92648__ ; The AGENCY wilt deduct a 10% retention from all progress payments. The Contractor may substi- tute an ,escrow holder surety of',equal value to the retention in accor-1 dance .with the provi- sions of the California Government.' Code, Sec- tion 4590. The Contrac- tor shall- be beneficial owner of the'surety and shall receive any inter- estthereon. The AGENCY hereby af- firmatively ensures that minority business enter- prises will be afforded full opportunity to sub mit bids in response to this notice and will not be discriminated against on the basis of race, color,; national origin, ancestry, sex, or rein gion in any consider- ation leading to the: award of contract. i No bid shall be consid ered unless it is pre-1 pared on the approved; Proposal forms in con- formance with the: Instructions to Bidders.: The bid.must be accom-' panied by ;a certified check, cashier's check,, or bidder's bond made payable to, the AGENCY: for an amount no less; than 10% of the amount' bid. The successful bid- der shall be licensed in accordance with provi- sions of the Business and Professions Code and shall possess a State Contractor's Li- cense Class at the time of the bid opening. The successful Contractor and hissubcontractors: will be required to pos- sess 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 udder advise- ment for a' maximum period of 60 days. BY ORDER;„of the CITY COUNCIL of; the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2006„ by Resolution No..2006-56." Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent 'July 12; 19, 26, 2007 072-607 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. PROOF OF PUBLICATION 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): JULY 12,19,26,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on JULY 2 6, 2 0 0 7 at Huntington Beach, California Signature The AGENCY will deduct SECTION a 10°% retention from all NOTICE INVITING progress payments: The, SEALED BIDS Contractor may substi- i for the tute an escrow holder.; EDINGER AVENUE surety of equal value" to+ PARKWAY the retention in accor- 1 IMPROVEMENTS dance with the provi-! From Saybrook Lane to sions of the California !. Countess Drive Government Code, Sec-, __ tion 4590. The Contrac- tor shall be beneficial CASH CONTRACT owner of the surety and; shall receive any inter - No. 1275' est thereon: in the ' The .AGENCY hereby af- firmatively HUNTINGTON t } ensures that 1 BEACH minority business enter PUBLIC NOTICE IS prises will be afforded HEREBY GIVEN that the) full_ opportunity to sub - CITY. OF HUNTINGTON BEACH, as AGENCY, in- mit bids response to vites sealed bids for the) this notice and will not above ; stated projects , be the* basis against and will receive . such : on the' basis of race,. bids in the office of the.; color,. .national origin, City Clerk, Second ,ancestry, sex, n rer- Floor, 2000 Main Street, �' atio i l any consider - Floor, e Huntington Beach, Cali= away leading to he fornia 92648, up to the award of contract. No bid shall be hour of 2:00 P.M. on is pre- . Tuesday, 'July' 31; 2007. pare. unless it is pre- Bids will be publicly pared on the, approved en in the Council; Proposal forms h con-1 o i p formance .with the; Chambers unless other Instructions to Bidders.' wise posted. The bid must be accom- Copies of the Plans, panied ,by acertified) Specifications, and con- check, cashier's check,' tract documents are or bidder's bond made'. available from the Office) payable to the AGENCY of the Director of Public{ for an amount no less, Works, .2000 , Main than 10% of the amount Street, Huntingto bid The successful bid Beach; CA 92648, Upor der shall be licensed in' payment :,of :,a $20.00 accordance with provi-' nonrefundable fee if,.sions of,.the 'Business '- picked -up,- or payment and Professions ,Code of a $30.00 nonrefun-I and shall possess al dable fee if mailed via; "State Contractior's Li- U.S. Postal Service,; cense Class at the time FedEx, UPS or any other of the bid opening. The delivery service. I i successful Contractor Any contract entered in-1 and his subcontractors to pursuant to this no will be required to pos- tice will incorporate the, sess business -licenses provisions of the State from theAGENCY. Labor Code. Pursuant to The AGENCY ,reserves the provisions of the the light to reject any Labor Code of the'State or all bids, to waive any of California, the mini- irregularity, and to take mum prevailing rate of all bids under advise - per diem wages for each ment for a maximum craft, -classification or period of 60 days. type of workman needed BY ORDER of the CITY to execute the. contract COUNCIL -of the CITY OF shall be those deter- HUNTINGTON BEACH, mined by the Director o1 CALIFORNIA, the 5th day Industrial Relations 01 of " September 2006, by the State of California, Resolution No. 2006-56. which are on file at th[ Attest - Office of the Director o /s/ Joan L. Flynn Public Works, 2000 Mah CITY CLERK OF.ITHE Street, Huntingtoi CITY .OF HUNTINGTON `. Beach, CA 92648,_ _ __ BEACH Published Huntington Beach Independent July 12, 19, 26, 2007 072-607 �J CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92 64 8 LETTER OF TRANSMITTAL Attention: Joan L. To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: July 9, 2007 Project/C.C. No.: C.C. No. 1275 Regarding: Edinger Ave Parkway improvements, CC-1275 ❑ 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 Description_ 1 1 2 Notice Inviting Sealed Bids for 2 Edin erAve Parkway Improvements, CC-1275 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: Please find attached the Notice Inviting Sealed Bids for advertisement on 7/12/07, 7/19/07 & 7/26/07. Bid opening is scheduled for 7/31/07 @ 2:00 pm. Please contact me at 374-1735 with any questions you may have. c: file By: uglas A. Erdman, Senior Civil Engineer G:\CONSTRUCTION CONTRACTS (CCS)\CCI275\JOB HOUSE\NISBTRANSMITALTo CLERK CC-1275.DOC SECTION A NOTICE INVITING SEALED BIDS for the EDINGER AVENUE PARKWAY IMPROVEMENTS From Saybrook Lane to Countess Drive CASH CONTRACT No. 1275 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 P.M. on Tuesday, July 31, 2007. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $30.00 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. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2006, by Resolution No. 2006-56. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH UNSUCCESSFUL BIDS CC-1275 Edinger Avenue Parkway Improvements Phase 1 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 26, 2007 Nobest, Inc. P. O. Box 874 Westminster, CA 92684 RE: CC-1275 — Edinger Avenue Parkway Improvements, Phase 1 Enclosed please find your original bid bond for CC-1275. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) 20D JUL 3 1 pH 1: 3'6 ��r O SECTION C PROPOSAL for the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1 From Countess Drive to'Saybrook Lane CASH CONTRACT No. 1275 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 51b 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: C-2 PROJECT BID SCHEDULE Itl... ............. :�:N TESOMAte.d: -.:::J-t.e.M:.Witb:'i% pit:, ........................................... P ..... .... .. .................................. ...... ........... ......................... ......... .... lec Amount:::.... I I L.S. Mobilization @ h —1 04 'emlof Dollars $ Cents Per L.S. 2 1 L.S. Traffic Control @ 1`-ilfeen T17tyugm?d Dollars $ $13 OX $ A/� 017, Cents Per L.S. 3 4524 L.F. Construct PCC Curb, Type 'B- I " Per HB Std. Plan 201 @ T6 "r)'eea Dollars '21 $ 4 _epAd Cents Per L.F. 4 6786 S.F. Sawcut & Remove Existing AC Pavement @ Dollars $ 3 7SI Cents Per S.F. 5 325 Ton Install 8" AC per Detail A @ One ff ad� 7wrltle Dollars $ 3 - 7— to- Cents Per Ton 6 5 Ea. Adjust Existing Utility Box to Grade @rw—o YadfeW Fen Dollars -7ie1111Cf Cents Per Ea. Total Amount Bid in Figures: $ / q3 0 13), 'Y i- IV rh el Total Amount Bid in Words:L�)�17.e Alal'7 pree �O M. � .......................... 9 f.?. ... o. ........... PF /,q/- .................. ...... ................... ................................. .. ............... .. .... y Tbl'0 J I Add Alternates Al I L.S. Clear and Grub @ F,;Ot t/ EI've ThOt, '214d Dollars $ 0 W 7, re) Cents Per L.S. A2 220 C.Y. Import Clean Fill and Grade @ Ono Dollars #0 $ 610a Cents Per C.Y. A3 6 Ea. Adjust Existing Sewer Manhole to Grade @ FjV0-' )qW7df-ed Dollars 10 Cents Per Ea. A4 750 L.F. Remove Existing V Dia. Log Barricade @ I Fc 4 Dollars $ Cents Per L.F. C-1s 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 v Cys�� �Q�d S���P 0 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange I'arr y 110An6+ , being first duly sworn, deposes and says that he or she is 11/1e$ �'010111 of ¢ T/7C 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. allobes t Tnc Name of Bidder R®, x g-�a Address of Bidder WeS tn?i /`h,5 ter ' Ca q)6 i?#-O S'7/l Subscribed and sworn to before me this J day off L , 200 . NOTARY PUBLIC KAY E. ANDERSON F- COMM. #1579W3 n NOTARY PUBLIC-CALIFORNIA 0 ORANGE COUNTY My Came E*ires lone 13, 2009 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen:. The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the EDINGE:R AVENUE PARKWAY :IMPROVEMENTS, PHASE 1, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: "7 _,5 P "b� Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes l(a No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: —1"Z✓'(`�� Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Ald 6e S /L 146 Contractor / P'('e51`61P' �- � Title Date: -7 '- 1 r Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Al© 6es - -Thc Bidder Name P, go x e 7q Business Address Wes gym.15,-4er (a City, State Zip 7/g) eg �2 - u F3 Telephone Number 35 6� 4 State Contractor's License No. and Class K' 70 Original Date Issued Expiration Date The work site was inspected by /''Puke of our office on -7 ` 2 % , 2007. The following are persons, firms, and corporations having a principal interest in this proposal: �a rr v �t1d�l�hd - (�eb�v►t-- Presiden r, l reo-st wee 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. Subscribed and sworn to before me this3/ day of -TU L-- , 200_7. F�- K COMM. #15 9663N O U °+� NOTARY PUBLIC-CALIFORNIA n �- ORANGE COUNTY NOTARY PUBLIC 3 "''I'C°"""'June " 200`' NOTARY SEAL Listed below are the name�-,address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. J,e,e 4? 17"0Chej 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 C-10 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: (714) 765-6935 2. CITY OF HUNTNGTON BEACH Project: Reconstruct Various Streets Contact: Dereck Livermore Phone: (714) 960-8861 3. CITY OF HUNTINGTON PARK Project: Various Locations Street Improvements Contact: Pat Fu Phone: (323) 584-6253 4. CITY OF NEWPORT BEACH Project: Alley Reconstruction Contact: Stephen Luy Phone: (949) 644-3311 5. CITY OF FOUNTAIN VALLEY Project: Concrete Improvements Contact: Tony Vega Phone: (714) 593-4613 $ 1,035,000.00 $ 3,600,000.00 $ 44100.00 $ 827,000.00 $ 1421,000.00 Bond No. Bid Bond The American Institute of Architects, AIA Document No. A310 (Febnruy,1970 Edition) KNOW ALL MIEN BY THESE PRESENTS, that we Nobest Incorporated as Principal hereinafter called the Pnumpal, and Contractors Bonding and Insurance Company a corporation duly organized under the laws of the state of Washington as Surety, hereivaftier 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 o% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our firs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Edinger Avenue Parkway Improvements, Phase I 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 bowl or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the fai W performance of such Contract and for the prompt payment of labor and material fwmished in the pion thereof, or in the event of the failure of the Principal to eater 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 mull and void, otherwise to remain in full force and effect Signed and sealed this 25th Witness Witness day of Ju1y 2007 Nobest Incorporated P crpae (Scar ) By: ! 1_ .) saa� Contractors Bonding d Insurance Company rfivjdy (seal) By: LAV�, t�� Linda D. Coats AttomeY"in-Fact ORSC 21328 (5/97) ACKNOWLEDGMENT State of : California County of Orange On —T -mil —, befpre me Kay E. Anderson/Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Publid') personally appeared Larry Nodland Name(s) of Signer (s) KAY E.ANDERSON F- COMM. #1579663 n OWME COt1h17Y W Canm. EmUw J" 13, 20W Place votary Seal Above [�] personally known to me [ j proved to me on the basis of satisfactory evidence to be the personXtivhose nameK is/grc,' subscribed to the within instrument and acknowledged to me that he//tom executed the same in his/ '/t r authorized capacity, and that by his/horftl� signatureWon the instrument the person' or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ACKNOWLEDGMENT State of California County of Orange On 7/25/2007 before me, Christine M. Rapp, Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r SSE�o T� CHRISTiNE M. RAPP COMM. # 1494518 X � t /� � � r NOTARY PMUC-CAUFORNIA Signature ,/ r / ti ORANGE COUNTY N °gcrox+ My Comm Expires JULY9, 2008 (Seal) Certificate of Appointment and Resolutions of the Board of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appoineed the Attomey(s)-in-Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee") may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the 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 any Authorized Officer or Employee may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: 0) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required); or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-m- 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. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys -in -fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney", where the entire power of attorney is a facsimile, remain in full force and effect, and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 13th day of May, 2004. �)on Sir —kin # resuTent State of Washington County of King Attest: R. Kirk Eland, Secretar" On Ma_v 13, 2004 before me, Brenda J. Scott Notary Public, personally appeared Don Sirkin and R. Kirk Eland personally known to me to be the persons whose names are subscribed to the within iustaunent, and acknolvtedged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS my hand and official seal >'� AA��. ark � ,,�• Signature (seal)°T0?� Brenda I Scott, Notary Public i �.0-, q&0-0 i �a;°oS 30-9:-` AZ 00 WASO 1 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 26, 2007 S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA 92626 RE: CC-1275 — Edinger Avenue Parkway Improvements, Phase 1 Enclosed please find your original bid bond for CC-1275. Sincerely, JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone_ 714-536-5227) SECTION C PROPOSAL for the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1 From Countess Drive to Saybrook Lane CASH CONTRACT No. 1275 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE tem::..stkrate ::::::::: kte► wktli: �inat pir><ce::::::::::::::::::::::::::;::::::::;::::: ....................................................................................... written eu wgrds:::::::=:: ::::::: iJnit>'iriee:: xten. ed : : oiint 1 1 L.S. Mobilization @ eight thousand Dollars $8000.00 $8000.00 and zero Cents Per L.S. 2 1 L.S. Traffic Control @ three thousand Dollars $3000.00 $3000.00 and zero Cents Per L.S. 3 4524 L.F. Construct PCC Curb, Type 'B-1" Per HB Std. Plan 201 @ twenty Dollars $ 20.00 $90480.00 and zero Cents Per L.F. 4 6786 S.F. Sawcut & Remove Existing AC Pavement @ two Dollars $ 2.00 $13572.00 and zero Cents Per S.F. 5 325 Ton Install 8" AC per Detail A @ one hundred twenty Dollars $ 120.00 $39000.00 and zero Cents Per Ton 6 5 Ea. Adjust Existing Utility Box to Grade @ one thousand Dollars $ 1000.00 $5000.00 and zero Cents Per Ea. Total Amount Bid in Figures: $ 159052.00 Total Amount Bid in Words: one hundred fifty—nine thousand fifty—two .................................................................................................................................................................................................................................. do�Iars and "'zero cents Add Alternates Al 1 L.S. Clear and Grub @ ten thousand Dollars $ 10000.00 $10000.00 and zero Cents Per L.S. A2 220 C.Y. Import Clean Fill and Grade @ sixty Dollars $ 60.00 $ 13200.00 and zero Cents Per C.Y. A3 6 Ea. Adjust Existing Sewer Manhole to Grade @ five hundred Dollars $ 500.00 $ 3000.00 and zero Cents Per Ea. A4 750 L.F. Remove Existing 1' Dia. Log Barricade @ ten Dollars $ 10.00 $ 7500.00 and zero Cents Per L.F. C-1s 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 Bidders BondM the amount of $15,905.20 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: C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 1�� * C'J� �C. 3?75? D-0 � ✓Lt�v4 G1Q� 7'ZC� � mv III is C,4564 -5cme,d 36e� 15'� i3 `�'Jbov�• Fa Cam- 9231 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. G3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Steve T. Parker , being first duly sworn, deposes and says that he or she is President of S. Parker Engineering, Inc. 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. Steve T. Parker, President Name of Bidder Signature of Bidder 2783 Tern Circle, Costa Mesa, CA 92626 Address of Bidder Subscribed and sworn to before me this 30 day of July , 2007 NOTARY PUBLIC *' i�.. MICHELLE MACNEILL (� •�► COW # 1614119 NOTARY PUBLIC - CALIFORNIA ? F•a, n ORANGE COUNTY COMM. EXPIRES OCT. 18, 2009 NOTARY SEAL C-4 STATE OF CALIFORNIA COUNTY OF le J'1. On before me, I qATE NAME, TITLE OF OFFICER-E.G.., -JANE DOE, NOTAfdPUBLIC personally appeared, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, WITNESS my hand and official seal. Z- MICHELLE MCNEILL j COMM. # 1614119 A ;a NOTARY PUBLIC - CALIFORNIA 0 NOTARY PUBLIC SIGNATORE 21000MM. ORANGE COUNTY - EXPIRES OCT 18, 2009 THIS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BI. TO PERSONS RELYING ON THIS NOTARIZED DOCUNWNT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUIrMER OF PAGES SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNEWS NAME RIGHTTHUNSPRINT RIGHT T14L%MPRINT 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 EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: July 30, 2007 S. Parker Engineering, Inc. Contractor By Steve T. Parker Title President C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 3 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: July 30, 2007 S. Parker Engineering, Inc. Contractor By Steve . Parker Title President C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: S. Parker Engineering, Inc Bidder Name 2783 Tern Circle Business Address Costa Mesa CA 92626 City, State Zip (714 ) 241-0560 Telephone Number 739476; Class A & B State Contractor's License No. and Class August 19, 1997 Original Date Issued August 31, 2007 Expiration Date The work site was inspected by Mike Stephens of our office on July 25 , 200 7. The following are persons, firms, and corporations having a principal interest in this proposal: Steve T. Parker, President Linda Parker, Secretary/Treasurer 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. S. Parker Engineering, Inc. Company Name Signature of 8'1 "der Steve T. Parker, President Printed or Typed Signature Subscribed and sworn to before me this 30 day of Jules , 200L U gUAFY ti MICHELLE MCNEILL COW # 1614119 '® NOTARY PUBLIC . CALIFORNIA NOTARY PUBLIC Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. SEE ATTACHED REFERENCE SHEET Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 STATE OF CALIFORNIA I ie� COUNTY OF onJ L 1. L4 Z 0 0 7 before me, LL Z: _JJ, - A - V DATE NAME, TITLE OF OFFICER - E.G_, "JANE DOE, NOTAIdPUBLIC personally appeared, personally known to me (or proved to me, on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the -instrument. WITNESS my hand and official seal. 4,- LL 74 M it E; CNEILL (�X7 COMM. # 1614119 " V_111,ze r A T ) 0 NOTARY PUBLIC - CALIFORNIA NOTARY PUBLIC SIGNATURE 2 ORANGE COUNTY 0 1 1000MM. EXPIRES OCT 18, 2009 OPTIONAL INFORMATION THIS OPTIONAL INFORMATION SECTION IS NOT REQUMED BYLAW BUT MAY BEBENFIZICIAL TO PMSONS RELYING ON THIS NOTAIMEDDW.IMENT TITLE OR TYPE OF DOCUMENT HATE OF DOCUMENT SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME PJGHTTHLRABPRINT NUMBER OF PAGES SIGNER'S NAME STATE OF CALIFORNIA COUNTY OF 01`" f .'24g } On before me, --- 4 ATE NAME, TITLE OF OFFICER— E.G.., " 1A NE DOE, NOTARPUBLIC personally appeared, / ,&� 0 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the -instrument. WITNESS my hand and official seal. !-. MICHELLE MCNEILL ,J COMM. # 1614119 \ }Iz s r NOTARY PUBLIC - CALIFORNIA > ORANGE COUNTY 0 (SEAL) `etc-wN COMM. EXPIRES OCT. 18, 2009 NOTARY PUBLIC SIGNATURE THIS OPTIONAL INFORMATION SECTION IS NOT MUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYING ON THIS NOiAR1ZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME RIGFTT THUMBPRBVT NUMBER OF PAGES SIGNER'S NAME RIGHT THUMBPRINT S. PARKER ENGINEERING, INC. 2783 Tern Circle Costa Mesa, CA. 92626 TEL#(714) 241-0560 FAX # (714) 241-0665 LIC # 739476 Class: A,B RECENT PROJECTS AND REFERENCES Owner / Project Name City of Westminster 8200 Westminster Blvd. Westminster, CA. 92683 Contact / Phone # Jeff Howell - Supervisor (714) 895-2876 (714) 373-5328 Fax # Feb. 2005 - Feb. 2006 Concrete and Related Street Repairs @ Various Location Project No. 55036-001007 - 6t" year annual renewal Contract Total: $594,590.53 R. Moody Construction, Inc. 39821 Lincoln Street Cherry Valley, CA. 92223 Ronnie Moody - President (951) 769-3752 (951) 769-3712 Fax# June 2004 - October 2005 - Elm Street Sewer Main Contract Total: $1,086,342.04 Work was done for the City of Beaumont Newport -Mesa Unified School District Norm Chapman - Inspector 2985 E. Bear Street (714) 424-5081 Costa Mesa, CA. 92626 (714) 424-7503 fax # Project Name: Excavation, Curbs, and Drywells for Playground Structures Project No. #110-04 April 2004 - March 2005 Contract Total: $249,663.50 Owner 1 Project Name City of Costa Mesa 77 Fair Drive Costa Mesa, CA. 92626 Contact / Phone # Mike Stevens - Field Inspector Tom Banks - Engineering (714) 754-5324 Project Name: Parkway Concrete Repair, and New Sidewalk Construction Project No. # 04-16 Sept. 2004 - June 2005 Contract Total: $122,242.53 City of Westminster 8200 Westminster Blvd. Westminster, CA. 92683 Jeff Howell - Supervisor (714) 895-2876 (714) 373-5328 Fax # Feb. 2004 - Feb. 2005 Concrete and Related Street Repairs @ Various Location Project No. 55036-001007 - 5th year annual renewal Contract Total: $783,977.07 City of Mission Viejo 27204 E. La Paz Road Mission Viejo, CA. 92692 Herb Smith - Field Inspector (949) 470-3052 fax # (949) 581-0983 June 2004 - August 2004 Olympiad Contruction Contract Total: $52,881.85 City of Costa Mesa 77 Fair Drive Costa Mesa, CA. 92626 Mike Stevens - Field Inspector Tom Banks - Engineering (714) 754-5324 Feb. 2003 - Jan. 2004 Parkway Concrete Repair and New Sidewalk Project Project No. 02-17 Contract Total: $ 535,191.05 Owner I Project Name City of Mission Viejo 27204 E. La Paz Road Mission Viejo, CA. 92692 Contact / Phone # Herb Smith - Field Inspector (949) 470-3052 fax # (949) 581-0983 Jan. 2003 - Oct. 2003 Annual Maintenance Program Removal and Replacement of PCC Curb, Gutter, Drive Approaches, and Cross Gutters Project No. A01-48 Contract Total: $137,464.48 City of Westminster 8200 Westminster Blvd. Westminster, CA, 92683 Gary Jornell - Field Inspector Jeff Howell - Supervisor (714) 895-2876 Feb.2002 - Feb. 2003 Concrete Related Street Repairs Project, Phase III Contract Total: $ 544,806.69 Ontario -Montclair School District 950 West "D" Street Ontario, CA. 91762 Joseph O'Shia - Director of Purchasing Sandra Escamellia - Contract Admin. Rudolp. Perez - Inspector of Record phone #(909) 459-2500 ext. 4472 fax # (909) 459-2555 Jan. 2001 - Feb. 2003 Unit Price Concrete Removal and Replacement Phase III Project No. M-012-01-Ml Contract Total: $596,192.81 Town of Apple Valley Jennifer Clarke 13467 Navajo Road Rusty Reed Apple Valley, CA. 92308 (760) 240-7350 (760) 240-7399 fax # 2002 - 2003 Mountain Vista Park Improvements Contract Total: $261,406.00 Change Order: $ 13,852.20 Contract Total: $275,258.20 Owner / Project Name Ontario - Montclair School District 950 West "D" Street Ontario, CA. 91762 Contact / Phone # Rudy Perez - Inspector Joseph O'Shia - Director of Purchasing Craig Misso - Operations Administrator (909) 459-2500 2001 - 2002 Unit Price Concrete Removal and Replacement Agreement No. M-012-01 Contract Total: $ 591,177.35 City of Costa Mesa Mike Stevens - Inspector 77 Fair Drive Tom Banks Costa Mesa, CA. 92626 Bart Mejia (714) 754-5324 2001-2002 - Canyon Community Park Flood Protection and Parkway Concrete Repair and New Sidewalk Improvements Project No. 01-07 Original Contract: $ 378,875.00 Change Order: $ 36,327.65 Total Contract $ 415,202.65 Irvine Unified School District 14600 Sand Canyon Drive Irvine, CA. 92618 2001-2002 - Northwood High School Project No. A-04-102513 Original Contract: $ 187,000.00 Change Order: $ 900.00 Total Contract: $ 187,900.0 Spencer Jordan - Inspector Llloyd Linton - Director (949) 936-5307 (949) 936-5329 fax # Owner / Project Name City of Westminster 8200 Westminster Blvd, Westminster, CA. 92683 Contact / Phone # Chris Johansen Project Inspector (714) 895-2876 ext. 6236 2000 - Concrete Related Street Repairs @ Various Locations Project No. 55036-001007 Phase I Contract Amount: $595,013.41 City of Lakewood June Anderson 5050 N. Clark Avenue Project Manager Lakewood, CA. 90714 (562)866-9771 2000 - Game Court Replacement Project Project No. 99-04 Original Contract: $441;640.00 Change Order: $ 44,452.92 Total Contract: $486,092.92 City of Costa Mesa Mike Stevens 77 Fair Drive Project Inspector Costa Mesa, CA. 92626 (714)754-5028 2000 - City Wide Annual "ADA" Improvements Project No. 99-13 Original Contract: $74,900.00 Change Order: $ 4,997.00 Total Contract: $79,897.00 City of Huntington Beach 2000 Main Street Huntington Beach, CA. 92648 1999 - Heil and Saybrook Project No. CC-1099 Contract Amount: $55,965.00 Eric Charlonne Contract Administrator (714)536-5430 Owner / Project Name City of Laguna Niguel 27801 La Paz Road Laguna Niguel, CA. 92677 2001 - Bocce Vall Court @ Marina Hills Park Original Contract: $54,401.04 Change Order: $ 3,853.00 Total Contract: $58,254.04 City of Laguna Niguel 27801 La Paz Road Laguna Niguel, CA. 92677 2001 - Clubhouse Drive Drainage Improvements Project No. 01-02 Contract Amount: $32,430.06 M.E.I Electric 7933 Palm Avenue Highland, CA. 92346 Contact / Phone # Nick Renn (949)362-4300 Nick Renn (949)362-4300 Pat Mackenzie (909)862-9906 2000 - 2001 - Youth Athletic Park in Mission Viejo Owner - City of Mission Viejo 25909 Pala, Ste# 200 Mission Viejo, CA. 92691 Contact: Wayne Mackey - Project Inspector (949) 470-3000 Original Contract with M.E.I. $257,643.48 City of Costa Mesa 77 Fair Drive Costa Mesa, CA. 92626 Bart Mejia Contract Administrator (714) 754-5291 2000-2001 - Parkway Concrete Repairs and New Sidewalk Project No. 00-10 Original Contract: $404,455.00 Change Orders: $ 39,777.09 Contract Total $444,232.09 4333 Brooklyn Avenue N,E, Seattle, WA 98105 1:1181149►c Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, S. PARKER ENGINEERING, INC. as Principal, hereinafter called the Principal, and the FIRST NATIONAL INSURANCE COMPANY OF AMERICA of 120 VANTIS, ALISO VIEJO, CA 92656 , a corporation duly organized under the laws of the State of Washington , as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID ---------------------------------- ------------------------------------------- Dollars (S 10% ----------------------------- ) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for EDINGER AVENUE PARKWAY IMPROVEMENTS PHASE 1 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 24TH day of Witness Witness JULY 2007 S. PARKER ENGINEERING, INC. incipal Title FIRST NATIOLIAL INSURANCE COMPANY OF AMERICA { By DWIGHT REILLY Attorney -in -Fact S-00541FNEF 7/98 0 Registered Lademark of SAFECO Corporation. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On JULY 24th 2007 before me, ALLISON RITTO, NOTARY PUBLIC Date Name and Title of officer (e.g., "Jane Doe, Notary Public )- personally appeared DWIGHT REILLY Name(s) of Signer(s) ALLISON RITTO Commission # 1537464 Notary Public - California Orange County 6My Comm. Expires Dec 23, 2008 N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persor" whose name{e) isfere subscribed to the within instrument and acknowledged to me that heavy executed the same in hisfhem,+hr,rr authorized capacity{ie,$), and that by his> eir signature*on the instrument the person{ ), or the entity upon behalf of which the persor4&) acted, executed the instrument. WITNESS n4 hand and officigil seal. —Z&YA�� Place Notary Seal Above Signature of Notary Public ALLISON RITTO 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: JULY 24TH 2O07 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Tftle(s): ❑ Partner — ❑ Limited ❑ General N Attorney in Fact ❑ Trustee Guardian or Conservator ❑ Other: Bid Bond NONE DWIGHT REILLY Number of Pages: Signer Is Representing: FIRST NATIONAL INSURANCE COMPANY OF AMERICA RIGHT THUMBPRINT OF SIGNER p S A F E C O` POWER FIRST NATIONAL SURETY OF ATTORNEY PO BOX 34526 SEA-1-171.E, WA 98124-1526 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA PO BOX 34526 SEATTLE, WA 98124-1526 No. 9551 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint +....++•.s••+••a+.•+++s•+••++++.•+•+••+r•••+++«++l1. J. DUECK; DWIGHT REILLY; Anaheim, Californian++++•+r+s+a++++.s++•..+•+••s+«+«•++•++++••+•••• its true and lawful attomey(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this lith day of January , 2005 CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seat shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL -INSURANCE COMPANY OF AMERICA adopted July 28, 1970_ "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions ofArticle V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 24TH S-1049IFNEF 7198 day of JULY , 2007 CHRISTINE MEAD, SECRETARY 0 A registered trademark of SAFECO Corporation 01/11/2005 PDF City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 26, 2007 Elite Bobcat Service 1320 E. Sixth, Suite 100 Corona, CA 92879 RE: CC-1275 — Edinger Avenue Parkway Improvements, Phase 1 Enclosed please find your original bid bond for CC-1275. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waltakere, New Zealand (Telephone: 714-536-5227 ) INC. ELITE BOBCAT SERVICE GENERAL ENGINEERING 1320 E. SIXTH, SUITE 100 • CORONA, CA 92879 Tel: (951) 279-6869 • FAX: (951) 279-6832 City of Huntington Beach City Clerk 2000 Main St Huntington Beach, CA 92648 SEALED BID FOR Edinger Avenue Parkway Improvements, Phase 1 Due: 07/31/07 @ 2:00 PM 7 l ' ` SECTION C PROPOSAL for the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1 From Countess Drive to Saybrook Lane CASH CONTRACT No. 1275 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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. 10% of Accompanying this proposal of bid, find Bidder I s Bond in the amount of $ amount bid which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE t iti st><ruxte .::.... .... t .....rt :...... .... I .. :::.. : ....::::::::::: ;:;:;:;:::;:<;::::::::> .. ..... e . N ... uaatity : ........... .............._.............. . ::.::>::....: : <: wrifteu iti svorils...... .. ......:. ;..YJntt. rice.. »: Airwtinit I 1 L.S. Mobilization @ J �l� �ollarf $,� $—" s �• Cents Per L.S. 2 1 L.S. Traffic Control @ EL C ✓r- /�DJJ/'9 �) Dollars $ /�hi%^Qf-L- &nts Per L.S. 3 4524 L.F. Construct PCC Curb, Type 'B- ' Per NB Std. Plan 201 @ Jr1V11XE Dollars $� $ r Cents Per L. 4 6786 Sawcut & Remove Existing AC Pavement S.F. @ (�� Dollars $Is - �/ Cents Per S:F. 5 325 Ton Install 8" AC per Detail A�,. @ /T/tJ/1GAJ'C��/�CDollars r Cents Per Ton 6 5 Adjust Existing Utility Box to Grade $ Tt% Ea. @ J'/'o6f /"/.C� Dollars —f $ . (% , iQo Cents Per Ea. Total Amount Bid in Figures: $ �--- Total Amount Bid in Words: ...........................I................... �lr �' '........�1,1s.,...y......../.............................5�. v Add Alternates Al 1 L.S. Clear and Grub @.?��ri,,r�rl' Dollars - 5! .` / $ ( 0 Cents Per L.S. A2 220 C. Y. Import Clean Fill and Grade Dollars $ i $ @�` a Cents Per C.Y. A3 6 Ea. Adjust Existing Sew Manhole to ade @ ��% !collars r 6 77 Cents Per Ea. A4 750 L.F. Remove Ex' til' Dia. Lv Barricade i @ pt.� C �a0 ---Dollars $ Cents Per L.F. i 7o �d D` �, C-Is 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 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Joseph A. Nanci President being first duly sworn, deposes and says that he or she is of Elite Bobcat Service, Inc. 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. Elite Bobcat Service, Inc. Name of Bidder /___' _'_" — W Signature of Bidder 1320 E 6th St #100, Corona, CA 92879 Address of Bidder Subscribed and sworn to before me this (0 day of'I , 2001 . T. STACY COMM. #1588260 z W - Notary Public -California o z Riverside County (� My Comm. Expires Jun. 18, 2f109 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is.familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 07/26/2007 C-5 Elite Bobcat Service, Inc. Contractor By President 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 ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Elite Bobcat Service, Inc. Contractor By President Title Date: 07/26/2007 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 421 b14217 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 Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Elite Bobcat Service, Inc. Bidder Name 1320 E 6th St #100 Business Address Corona City, 951 ) 279-6869 Telephone Number 720016A State Contractor's License No. and Class 03/1994 Original Date Issued 03/31/2008 Expiration Date The work site was inspected by Joseph Nanci CA 92879 State Zip of our office on July 25 , 200 7. The following are persons, firms, and corporations having a principal interest in this proposal: Joseph A. Nanci, President/Secretary/Treasurer/Manager C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Elite Bobcat Service, Inc. Company Name Signature of Bidder Joseph A. Nanci Printed or Typed Signature n Subscribed and sworn to before me this " G'day of u , 200-4. T. STAGY o Cl>MM A 1588260 z z Noc,; i P;, ,.; Calitornia z -runty 0 / M Coma E jun. 18, 2069 NOTARY PUBLIC e/ 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. City of Moreno Valley 14177 Frederick St, Moreno Valley, CA 92552 2 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Jim Geyer (951) 757-5619 $109,942.00 Street Improvements 12/2006 Contract Amount Type of Work Date Completed City of Ontario 303 East "B" Street Civic Center, Ontario, CA 91754 Name and Address of Public Agency Name and Telephone No. of Project Manager: Michael Bloomquist (909) 395-2000 $469,527.70 Street Improvements 12/2006 Contract Amount Type of Work Date Completed City of Newport Beach 3300 Newport Blvd, Newport Beach, CA 92663 Name and Address of Public Agency Name and Telephone No. of Project Manager: Lloyd Dalton (949) 644-3328 $245,452.50 Contract Amount Concrete & Asphalt Type of Work C-10 03/2006 Date Completed Bond No. G 7 3.9 2 6 2 Company PREMIUM-NILFidelit and Deposit POST OFFICE SOX 1227 OF MARYLAND BALTIMORE, MD 21203 1.3 : ! KNOW ALL MEN BY THESE PRESENTS: That we, --Elite Bobcat Service, Inc. ------------------------------------------- as Principal, (hereinafter called the "Principal"), and 4he FIDELITY AND DEPDSrr COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corporation duty torganized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firm bound unto__City of HuntingtonBeach Obligee, .(hereinafter called the "Obligee"), in the sum of__Ten Percent of Amount Bid . 10% — -------Dollars ($__�------------------- - ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for___Edinger__Avenue Parkway_ Improvements _ Phase 1 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----------------2-6th ---- ----—-------------daJuly y of---------- - - - - - - - -A.D.,20 07 Elite Bobcat Service, Inc. (SEAL) rutcipal Witness 1 ' ---------- -- PYs__��1. Title FIDELITY AND DEPWMNYARYL----------------------------------------------------------- ------------ By---- ----- SEAL) - - - - ---- --------- Witness CTitle C325f-50M. 7-92 . Conform to Am is Institutc of A«bit� Dm="t Aa10, � Attorney -In -Fact Pcbm.q 1970 Edition. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of orange SS. On 7-26-07 before me,Lexie Sherwood - Notary Public (DATE) (NOTARY) personally appeared Charles L. Flake personally known to me (or 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. LEXIE SHERD i-J-)0 COMM. #159395 i 3 NOTARY PUBLIC *CALIFORNIA n ORANGE Cos INTY -► WITNESS my hand and official seal. Comm. Exp. JUL.?' 2-. 2009 J Signature (seal) Lexid Sherwood OPTIONAL The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Bid Bond DOCUMENT TITLE OR DESCRIPTION 0 r DOCUMENT DATE: 7 - 2 6 - 0 7 NUMBER OF PAGES: One (1) a m s COMMENTS: a N O H a i= s 42 S S 959E (2004) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article V 1, Section 2, of the By -Laws of said Company, ,are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e � dds t1 ' by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB 1' n �`�`�ie S OOD, all of Anaheim, California, EACH its true and lawful agent anPiz maZl�j,� ddeliver, for, and on its behalf as surety, and as its act and deed: any an t�n_ecution of such bonds or undertakings in pursuance of these prese lk tz1 , as fully and amply, to all intents and purposes, as if they had been d tN a`c�cn L�h gularly elected officers of the Company at its office in Baltimore, Md., i� p per attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE,=`>;:' C ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant es ereby 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 15th day of November, A.D. 2006. ATTEST: P�� Df P pS�i O O State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �J1�,�._, Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012-4150H 4 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 26TH day of JULY 1 2007 Assistant Secretary City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 26, 2007 Accord Engineering, Inc. 1231 E. Dyer Rd. #265 Santa Ana,. CA 92705 RE: CC-1275 — Edinger Avenue Parkway Improvements, Phase I Enclosed please find your original bid bond for CC-1275. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) 2007 JUL 31 PM 1: 4, 0 T Y c) F '; h u 111111 i 11 1 T cf N 5 u c 14 SECTION C PROPOSAL for the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1 From Countess Drive to Saybrook Lane CASH CONTRACT No. 1275 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 $tVPCl-'s 6 Rthe amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE :.t.m::........ . ::.:.::.:::.::::::: uaiitity:::::::::::::::::: Iteii� vst>Ft : unit grtce:::::............................:::::::....... ............................... rvri>€teik is yvords::::::::::::::::::::::: nit ce a ... : ii uuinz:: 1 1 L.S. Mobilization @ Dollars $�5 Q Y' b Cents Per L.S. 2 1 L.S. Traffic Control @ Ot�tSU�I Dollars 1 wed► -Fu $ u�I0000 $'W/060� r o Cents Per L.S. 3 4524 L.F. Construct PCC Curb, Type 'B-1" Per HB Std. Plan 201 @ E 1 Dollars SILWi4i $ %Iq5 ' _ Cents Per L.F. 4 6786 S.F. Sawcut & Remove Existing AC Pavement @ Dollars $ 00 '.. o $ SO , 35S Q Wit? fv Cents Per S.F. 5 325 Ton Install 8" AC per Detail A @ Ohv — Hy-dred SeVP-,, jL, ilf collars D_ $ r o Cents Per Ton 6 5 Ea. Adjust Existing Utility Box to Grade P 1— @ ) Inter--+dhdw2 ci t i %N Dollars to o� $ �LJy� $ 1 17 s0`" r p Cents Per Ea. Total Amount Bid in Figures: $-- Total Amount Bid in Words: ............................................................................................ 71........................................................................................................................ hOU a� FOCI- i �ttivtdv�� �i �e�v1, L).Y\b Add Alternates Al 1 L.S. Clear and Grub } , @ Ty P-`44 —1 ye— Dollars $ Z5, 0(0120 $ 'M-, 0062 Q rp Cents Per L.S. A2 220 C.Y. Import Clean Fill and Grade @ .� — F 1 Je Dollars 00 $ LA5 �ct $ 0( 190� QY't7 Cents Per C.Y. A3 6 Ea. Adjust Existing Sewer Manhole to Grade @ i vt? — Ai'-Y\8VPe Dollars 00 $ 5DO — Oa $ 'Ix000 Cents Per Ea. A4 750 L.F. Remove Existing 1' Dia. Log Barricade @ t 2 V, Dollars $ (7 0 0 $ --?' Sob Do Q\r 0 Cents Per L.F. ref O Ca--1 s C-1s 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 (A - A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of c✓lie party making the foregoing bid that the bid is not made in the interest of, or on t ehalf 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 Name o idder e� Signature of Bidder v:61 , CAA er IL -)CS - Address m"C X of Bidder Subscribed and sworn to before me this �� day of C ' 200�-i . NOTARY PUBLIC 9 JANENE 0. N v COMM. otf56766 '�'Cmron_ E, .6Jul NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: a W0M UAt G lnt67e, . / AIC. Contractor By Dq-V ID G+f S/q G , PR_ & r DF_.Arr Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: -7/,t A�11M2-D W G(nl , �CtnCC� nlC'• Contractor By DPW 11) C tf e- /X C- FP_,FC I D E Afr- Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By D 4V10 CH151-(C� P—eSIDt-,'1i' Title Date: X-7 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name t 23t &. 01YEK- iZ S-W. 26 i Business Address Sftp-C' of AW A- CA- 'f 2- 705- City, State Zip (71q ) 24f --77,c6 Telephone Number gl3 43 5- - A State Contractor's License No. and Class ly17/WeZ Original Date Issued I o/3! /200a Expiration Date The work site was inspected by I" 4t4d CiU469+ 1of our office on % Z5 , 2CO�?7 The following are persons, firms, and corporations having a principal interest in this proposal: J� j&#2-D iFAC ,0'4�/-c f467 rp l Iq C . 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. "W D v Al G rn[f�6941[ 6� � oNJ C . Company Name wee ignature of Bidder Printed or Typed Signature Subscribed and sworn to before me this rdayof , 20'0 NOTARY PUBLIC comm. 01768789 TAW PtI M' CUPOW ofsep County 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. FuwlE-71-0/1l 3d3 LA).CbMM,a -LTt+ f.y . F l.l.b7zT�� 9 7!!a 3 2- Name and Address of Public Agency Name and Telephone No. of Project Manager: VAle-V\1 k-D94)A-SHI 7lY723 8( 7 Contract Amount Type of Work 2. %mac i E;C #, 7? FAIR- nr2 . P.c>Wt Name and Address of Public Agency 7 —7 Date Completed Name and Telephone No. of Project Manager: '1aM BnlK S �!�— 7S�i-SZz2 (5 _ Si-DgM lA Amount Type of Work e-N-4 Date Completed 3. LA( ?t w f- BoK * 5-p5- F-oovSt Ate. CA76u n/4 BOTCH 9 2-z 5/ Name and Address of Public Agency Name and Telephone No. of Project Manager: t" 10W1G 4. OY7 9-r?- Contract Amount of Work 4 7 Z'007 Date Completed C-10 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Accord Engineering, Inc. as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Bid Amount Dollars ($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 Edinger Avenue Parkway Improvements, Phase 1 (Bid Date 7131107) 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 26th day of July, 2007. Accord Engineering, Inc. 1 (Principal) (Seal) (Witne s) J B AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cailfomla } 88. County Of tiAK )pI1M J JUL 2 6 2007 On before me, AUDREY RODRIGUEZ , NOTARY PUBLIC Dde personally appeared PENNY E. KELLEY I a 8lgner{e) AtJDftEV iODRSIGidEZ COMM. #t £s3152.(,' NOTARY PUBLIC-CALIFORNIA 6; SAN DIEGO COUN7Y n MY Comrtlldslor) Expires DECEMBER 19, P-009 * personally (mown to me ❑ proved to me on the basis of satisfactory evidence to be the person(ID whose nameft) IsWb subscribed to the Within Instrument and acknowledged to me that &sheXJW executed the same In 37h/herl[M authorized capacity0es), and that by IMAierawam signaturek) on the Instrument the pessonaao, or the entity upon behalf of which the person(Ej acted, executed the instrument. iES my ha nd official seal, ila Ignaexe d No'y P c OPTIONAL Though the ihtbawtion below Is not mgtdmd bylaw, if may prove valuable to persons to y tg on. the documenf and could prevent haudulent removal and reattachment or this form to another document. Description of Attached Document Tttle or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-In-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: RIGHT TI IUNi3PRINT OF SIGNER 0 1999 Nedond NoWy Aeso*ft • 0360 De Bolo Ave., P.O. Box 2402 - Chalswod h, CA 81819-2402 - www,nalbneh otery.ofg Prod. No, 5907 Reorder: CaA TON " 1.80"78.88R7 Direct Inquiries/Claims to: POWEROF ATTORNEY THE HART-4BONG, T-4..OX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757.5835 _KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-160200 1 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana C� Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut L� Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duty organized under the laws of the State of Illinois Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: James R. Sommerville, Valerie M. Pearce, Lawrence F. McMahon, Leticia San Martin, James Baldassare, Jr., Penny E. Kelley of San Diego, CA their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ��� ,*FI'- •`ram 4 -� ~L c _ .w•ae.r��n ;_ tvar � �I+wVgy., `�,oao.�,� � ��.r � "� �i 1887 -, A • a s • � 9 • �e� _g 8 $ �� x: �, I�+rclaar1t, • •ataw iy�%� iD?9 `e ta7Y,`� Ta, ]9T9 Ira♦ • * a �� -��• i��,A1 \A�, • '� yTlU�ols� ��pn.l�• �h. -f-Ij 0(- 1-1-� Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. �E.A� '�w/ruA° � • Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of JUL 2 s 2007 Signed and sealed at the City of Hartford. a r ! Y >i. • ♦ 1� R �aauWla 4 tD79 `€ �d 107 & ]919 • � o1^J`3 "be���� iy>A 'oF�{1 • °6�ltliols' TaarwN• 1 l Gary W. Stumper, Assistant Vice President POA 2005 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 26, 2007 Bonsall Construction Services 830 E. Vista Way, Suite 114 Vista, CA 92084 RE: CC-1275 — Edinger Avenue Parkway Improvements, Phase 1 Enclosed please find your original bid bond for CC-1275. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand 1 Tele phone: 714-536-5227 ) 2007 JUL 31 FM 1: 45 HMO SECTION C PROPOSAL for the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1 From Countess Drive to Saybrook Lane CASH CONTRACT No. 1275 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 U in the amount of $ �q,0 6OZ 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: C-2 PROJECT BID SCHEDULE tem lYo : �:Estitnate ::::::::::::::::::Item :. uaiitity .witti: obit......:::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::Ezteuilect ........................................................ :::::::::::::::: wii teii id words.....:::::::::::: :::ITiii>k-PrIce.. .....Xi 1 1 L.S. Mobilization @ Dollars q $ / p ® $ Cents Per L.S. 2 1 L.S. Traffic Control @ Dollars $ $ Cents Per L.S. 3 4524 L.F. Construct PCC Curb, Type 'B-1" Per HB Std. Plan 201 @ Dollars $ j $ /03�`' Cents Per L.F. 4 6786 S.F. Sawcut & Remove Existing AC Pavement @ Dollars $ $J7 10 Cents Per S.F. 5 325 Ton Install 8" AC per Detail A @ Dollars (� / $ 1 / �'] $ ✓ �� Cents Per Ton 6 5 Ea. Adjust Existing Utility Box to Grade @ Dollars $ �7l $ JOs " Cents Per Ea. -t Total Amount Bid in Figures: $ / Total Amount Bid in Words: -� Add Alternates Al I L.S. Clear and Grub @ Dollars $ Sad (? $ f-0 Cents Per L.S. A2 220 C.Y. Import Clean Fill and Grade @ Dollars $ J ' $ r! 1-! Cents Per C.Y. A3 6 Ea. Adjust Existing Sewer Manhole to Grade @ Dollars $ _ $ .9l3V Cents Per Ea. A4 750 L.F. Remove Existing 1' Dia. Log Barricade @ Dollars � $ 5 J / $ Igo Cents Per L.F. C-Is 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 StaNumber te License I Class of Work By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange k1b I vea, Id6z be' first duly sw rn, deposes and says that he or she is of �Qft�'A ,6(WUCfl'( fthe 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. &nsall c6nSfNNO() Name of Bidder "5r-fvvCeS Signature of Bidder 6E VdlAW��ViStZ�C Address of Bidder Subscribed and sworn to before me this _ day of �- - I , 200-1. NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 771311 Rom) Consff (OW Se",���S Contractor �k�By p Ce s (diat Title C-5 p Ce s (diat Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes -.1WNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 77 �onsall cofis�f uco� �evt c� Contractor / Title 2 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: 7 - 3 1- Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 6flsau unstruafoo amaecs Bidder Name ��, ) F) V Business Address V�,S±,� (�Vi CA 990 0 �J- City, State Zip (760) 75R-�Qq Telephone Number -75abi I State Contractor's License No. and Class _gl2-5I9g Original Date Issued C0130 i 6 -1 Expiration Date The work site was inspected by of our office on 7 " �1 , 200 pr7 The following are persons, firms, and corporations having a principal interest in this proposal: e M UOU, Pr61a07fi 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. 66flSAII CK- C Iry ?�P Company Name Signature of Bidder Printed ortyped Signature Subscribed and sworn to before me this May of VTU 1 200-7. J. ALLISON illMC CAR1Y w COMMIsSlon # 1514129 Z . Notary public - California San Diego g County NOTARY PUBLI MyComm.ExpiresSep 182008 NOTA 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 Name and Telephone No. of Project Manager: G L n a C—a 1fl� �tJ O ^ 4 9 r �0 � � Z 0010 Amount Type of Work 6 1 Date Completed 2. CC 4andif" I n I�_ 0 A Name ddress of Public Agency (j ,n —7 Q (� i Name and Telephone No. of Project Manager:V I � � WO � 1 I � / kO-� 0 ! 4� I� Contract Amount 3. U3 N v q - M CI Name and Address A Public Agency Type of Work Date Completed Name and Telephone No. of Project Manager: � a � daw bC) w Contract Amount Type of Work Date Completed C-10 R11111Z7_Al State of California County of sr. e G h Subscribed and sworn to (or affirmed) before me on this 3 day of ,5 ,, ,, 120�, by p or proved to me on the basis of satisfactory evidence 11'to be the person(s) who appeared before me. OJ. ALLISON MC CARTY Commission # 1514129 zNotary Public - California San Diego County My Comm. Expires Sep 18, 2008 (seal) Signaturd KNOW ALL MEN BY THESE PRESENTS, that we Bonsall Construction Services, Inc. P.O. Box 1085 Bonsall, CA 92003 as Principal, hereinafter called the Principal, and the Western Insurance Company, a corporation duly organized under the laws of the State of Nevada, as Surety, hereinafter called Surety, are held and firmly bound unto THE CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of Ten percent of attached bid. Dollars ($ 10% of attached 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 EDINGER AVE. PARKWAY IMPROVEMENTS PHASE 1 NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety. 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed tc7�cothe entire cost of the project Signed and sealed th1s3I ST day of JULY 2007 6onsal; ConstrucW erv,ces, Inc. (Witness) ripat,' J, (Title) Westerr Insurance Company BART STEWART WESTERN INSURANCE COMPANY POWER OF ATTORNEY 311109 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 Bart Stewart 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 behal f 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 pennitted 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 seat, duly attested by the signatures of its President and Secretary, this 19"' day of dune, 2006. WESTERN INSURANCE COMPANY N RA/1 P,tpOOPPON.,e (Signed) By 4�� SEAL President �lE OF MEq� eoc-�Aa- 01 (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19`h 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 with both of whom I am personally acquainted, who being by me severally duly swom, said, that they, the said ROTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said W E SURAN COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they eac the seal of sp c} ration; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixe y er r of the B c trectors of • id corporation, and that they signed their names thereto by like order as PRESIDENT kETARY,xer�t}y, of the My Commission expires the 31st arch, 201 o .................................. ............. PATRICIA A. LETSON = r ` ne-d) } Notify �� c 7tate fJ ai7i �ry A^e`ia A. Letson Notary Public n 1A 10dd 3_ , 1.'0.0 S i ................................. I.......... This Power of Attorney is granted by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPANNSIT dune 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 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 terns and limitations of the Power of Attorney issued to thetas, 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- 1, 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- 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 WlterQof, I ave hereunto set m hand and the seal of WESTERN INSURANCE COMPANY on this 3 i day oc_�%�i�! - ? OPPOgPI �` E Secretary SEAT. s�4rE o, P4y�0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On 7 before me, Date - --_ personally appeared Bart Stewart KiMBERIY A. ROCCO Commission # 1687499 Notary Public - C01100Ml0 eMy Comm. Expires Aug 13,201 Son Diego County ss. Kimberly A. Rocco, Notary Public Name and Title of Officer (e.g- "Jane Doe, Notary Publicr) Name(s) of Signer(s) personally known to me X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/#"--y executed the same in his/*Wtheir authorized capacity(ies), and that by his/iaerA eir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN SS my and and official seal. Place Notary. Seat Above - - Signature of Notary Public OPTIONAL Though the information below is not required bylaw, 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: Bart Stewart ❑ Individual ❑ -Corporate Officer— Title(s): ❑ Partner =— ❑ Limited ❑ General IV Attorney In Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 2004 National Notary Association 9350 De Soto Ave., P.o_ Box 2402 - Chatswort Number of Pages: Signer's Name: ❑ individual . Corporate Officer — Title(s): ❑ Partner — ❑-Umited ❑' General ❑. Attorney in Fact [I Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: o, CA 91313-2402 Item No. 5907 Reorder. Call Toll -Free 1 800-876.6827 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 26, 2007 PALP, Inc. dba Excel Paving Co. 2230 Lemon Avenue Long Beach, CA 90806 RE: CC-1275 — Edinger Avenue Parkway Improvements, Phase 1 Enclosed please find your original bid bond for CC-1275. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 PALP, Inc, DBA Excel Paving Co. 2230 Lemon Avenue Long Beach, CA 90806 �trt� C-4 (�LG�IL Z�z CO&- ttw VAfwI sir HVn--�j'(Ijfw ?�Eg� C'4 FIF 131107 CO BID DATE 10-DAW15-- U&Xtr AV6 ONO* 2007 JUL 31 PM 1: 53 SECTION C PROPOSAL for the EDINGER AVENUE PARKWAY IMPROVEMENTS, PHASE 1 From Countess Drive to Saybrook Lane CASH CONTRACT No. 1275 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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. "TEN PERCENT OF AMOUNT BIV Accompanying this proposal of bid, find 01A wA 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: OW Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE . .............eiii ............. ....... ........... .............. ................ ................................................. .......... ..............:::Unit_N ..... P ............... L.S. Mobilization @ trMi 12:tkaw Dollars bX0_— $ Cents Per L.S. 2 1 L.S. Traffic Control @ 45!FVC'_)\J III M Phi&) Dollars $ $ Cents Per L.S. 3 4524 L.F. Construct PCC Curb, Type'B- I " Per HB Std. Plan 201 @�11qDollars $ $ Cents Per L.F. 4 6786 S.F. Sawcut & Remove Existing AC Pavement @ Dollars $ $ Cents Per S.F. 5 325 Ton Install 8" AC per Detail A @ A)a" 660oll'rs Cents $ $ Per Ton 6 5 Ea. Adjust Existing Utility Box to Grade @ ]FIV, J�W)�Z?q_Dollars Cents $ $ Per Ea. Total Amount Bid in Figures: $ -)� Total Amount Bid.in. Words: V 2 .... . ...... rV)&.46W ............................ .............................................................. .... ..................... .. W.VT � DY60 ...... . . qwn D'I'm RIM, Add Alternates Al I L.S. Clear and Grub @ -Dollars $ _!!�AT_r_ Cents Per L.S. A2 220 C'Y. Import Clean Fill and Grade @ fYl1C Dollars $ $ Cents Per C.Y. A3 6 Ea. Adjust Existing Sewer Manhole to Grade @ "YW Dollars $ 511: Cents Per Ea. A4 750 L.F. Remove Existing F Dia. Log Barricade @ Dollars $ $ Cents Per L.F. 7 37 Y-,, - 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 CL Concrete 1035 W. Gladstone Azusa, CA 91702 (626)334-2357 License #: 488722 State License Number Class Case Land Survey 614 N. Eckofr St. Orange, CA 92868 (714)628-8948 License #: PL5411 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange C;.P. BRi1M , being fir to s rn, deposes and says that he or she is PRESIDEPIT of �ur� AyiNG COMPANY the party making the foregoing bid that the bid is not made in the merest 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. PALP, INC. DBA EXCEL POI NG COMPANY Name of Bidder Signature of Bidder '� c'!PDVVR PRE a6D¢6�`` 2230 L.EN!CKI AVEWE Address of Bidder Subscribed and sworn to before me this day ofW' 3 ! F''O7 200_ . C. PHILLIPS C©"Mission, # 14g2824 Na'ary Pu; k - Califomia Los Angeles County En °"' ° "'' H Cemm. Expires M� 31, 2806 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the :EDINGER AVENUE PARKWAY :IMPROVEMENTS, PHASE 1, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: J iUl L. ' 1 P007 PALK INC. DBA EXCEL P-411I IG COMPANY Contractor CAPI, lSAE11�1,Un, PRNTe'9R&. CH - Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes dNo 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. Date: 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. PALK INC. DBA EXCEL P�V9.1G COMPANY Contractor By G:rj� BROVVAN, PRESI0ENT Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor I'm Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name PALM, 1NIC. DBA EXCEL PAVING COMPANY 2230 LEMON AVENUE I.®g.11 CRACH, CA n gam'' Business Address City, State Zip (562) 599.5841 Telephone Number STATE LlC. 666659 °°A° State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by 6kaj Mw of our office on —1 , 200_. The following are persons, firms, and corporations having a principal interest in this proposal: YT F'b R2A^sen¢�sa �, P. e GLvNF ' i 6if)Il/C!C 9 CHIEF OPERATIRG OWIt CAROI N44 J.13ROWN, SECRETARY & CHIEF FINANCIAL OFFICER uE u rii.SENIGR VICE PRESIDEW V. U C G llS Y" SROYN III_ VICE P&ESIDEM BFUQE: F IATT, VICEPRESIDENT MIC"HEI E E DRAKUIII �r STAW SECRETARY C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PALP. INC. DBA EXCEI PAVING rC-MAPAfr Y Company Name Signature of Bidder . F, 13N, 61G11N Printed or Typed Signature Subscribed and sworn to before me this NOTARY PUBLIC daylo�f 2007 , 200_ . C. PNILLIPS Ccrr'mission. # 1492824 Notary Pu;;Ic. California LosAny�41es Countv 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: 3EE ATTACHE® 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 C-10 ACKNOWLEDGMENT State of California County Of Los Angeles On JUL 3 1 2007 before me, C. Phillips, Notary Puhlie (here insert name and title of the officer) personally appeared PALP DBA EXCEL PAVING CO By C. P. Brown, President personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal..;''' �4,;, C. Ph'ILLiPs Corimission. # 1492824 Notary P"11C • California ' Lot AnQ '3 Ie3 County Signature comet. Explrf s�2Y 31, 180d (Seal) EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A P.O. BOX 16405 LONG BEACH, CA 90806-5195 (562) 599-5841 FAX (562) 591-7485 C. P. Brown, President: 30+ years experience working for other general contractors with the past 24 years being self employed in own general engineering contracting business. EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATL LICENSE NO. 688659A DESCRIPTION OF OPERATIONS 1' 0- 1i0X 16405 LONG BEACI 1, CA 90 806-5 (562) 599-5841- FAX (562) 591-7485 Excel Paving Company Is a general engineering and paving contractor that has been In business for the past 25+ years. The company is a corporation owned by C.P. Brown, Jr. Their operations Include street and road construction, widening, and repairs; related sidewalk, curb and gutter construction; paving of school yards and parking lots; and excavation and grading of "pads" for building sites. On approximately 80% of their jobs the company will operate as a general contractor, responsible for all off -site improvements, grading, removal, etc. but will subcontract any work, which Is not specifically within their domain. Occasionally the company will perform work at airports. They also may occasionally perform work in the "THUMB" area of Long Beach Harbor, requiring them to transport their equipment and personnel by barge to these islands, approximately 1/2 mile from the harbor. The company estimates 2006-2007 gross revenues of 85 million, $60 million of which is subcontractor and material costs. All work is performed in Southern California, with most in Los Angeles and Orange County. A great deal of work Is done for public entitles, repairing/widening existing surface streets and roads (75% public entities and 25% private entities), pipe work, concrete, landscaping, electrical, cold milling, highway, bridge, or overpass work Is subcontracted out to other firms. Excel Paving Company also repairs a great number of paved schoolyards and parking lots (30%) and usually has a small amount of on going work at the Los Angeles, Burbank and Long Beach airports. INCUMBENCY AND SIGNATURE CERTIFICATE OF PALP, INC. The undersigned, Carolyn J. Brown, being the duly elected and Incumbent Secretary of PALP, Inc. dba Excel Paving Company, a California corporation (the "Corporation"), hereby certifies that the persons named below are, on and as of the date hereof, the duly qualttled, elected and acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorized to sign, In the name of and on behalf of the Corporation. Curtis P. Brown President and Chief Operating Officer Carolyn J. Brown Secretary and Chief Financial Officer George R. McRae Senior Vice President Curtis P. Brown III Vice President Bruce E. Flatt Vice President & Assistant Secretary Michele E. Drakulich Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: November 5, 2001 t AROLYN . 1001,11ecretary EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A CREDIT APPLICATION Excel Paving Company 2230 Lemon Avenue P.O. Box 16405 Long Beach, CA 90806 Telephone:562-599-5841 Fax. 562-599-3679 Type of Business: General Engineering Contractors Contractors Lioense # 688659A Fed I.D.# 95-3672914 Excel Paving Company is a Corporation Owner Palp, Inc. 2230 Lemon Avenue Long Beach, CA 90806 In business since October 1981 Same location since October 1981 Property owned by Brown & Mills Financial rating with Dun & Bradstreet: Rating 3A2, SIC # 1611 US Bank, 2633 Cherry Ave., Signal Hill, CA 90806 Account Representative: Liz Acres or Celine Gonzalez Telephone: 562-490-2068 or 562-490-2079 Checking Account #1534-9195 8689 TRADE REFERENCES: P.O BOX 1640! LONG BEACH, CA 90806-S 19i (562) 599-5841 FAX (562) 591-748! Company Phone Fax Conta Vulcan Materials 323-258-2777 323-254-6102 Silvia Arredondo R.E.H. Trucking 909-591-0871 909-591-0506 Gina Mendiola Blue Diamond Materials 714-578-9507 714-449-2831 Jerry Easterwood Savala Equipment 800-223-2473 949-562-8597 Mona Covington SPECIAL BILLING REQUIREMENTS: Show job number on invoices to expedite payment. I certify that the above information is true and correct, and that we can and will comply with your terms. r�&��i C.P. Brown Date President Refer2nce List • City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Gillis Munroe, Chief Construction Inspector (582) 570-5161 • Burbank -Glendale -Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840-9456 (818) 840-8840 • Los Angeles County Public Works 900 South Fremont Avenue Alhambra CA 91803 Gary Hartley, Construction Division (626) 458-3100 Bonding Agent: Rapp Surety Services 23481 South Pointe Drive Suite 345 Laguna Hills CA 92653 Office: (949) 457-1060 Fax: (949) 457-1070 Contact: Douglas A. Rapp Surety: Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23'4 Floor Los Angeles CA 90017 P.O. Box 30127 Los Angeles CA 90030-0127 Insurance Carrier: The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact: William Wooditch Office: (949) 553-9800 Fax: (949) 553-0670 Excel Paving Company Open Jobs May 31, 2006 12-Sep-06 Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG ' NO. PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 3704 TAXIWAY D L.B. AIRPORT 3,720,722 100.0% 3843 LAUREL CYN BLVD. LOS ANGELES 729,273 100.0% 3865 2627 HOLLYWOOD, BURB/GLEN/AIRP 339,291 100.0% 3876 PARTHENIA, LA 1,153,774 100.0% 3947 TUSTIN AVE., ANAHEIM 4,145,076 99.9% 4,750 3959 SANTA MONICA BLVD, LOS ANGELES 49,233,937 85.2% 7,291,218 4024 UCLA KINROSS 2,329,669 100.0% 4042 GAYLEY AVE WESTWOOD 587,000 31.5% 402,250 4042 TUDOR WESTWOOD PLAZA 1,150,000 100.0% 4042 UCLA WESTWOOD 240,000 0.0% 240,000 4062 SANTA MONICA/MWD LA 7,700,000 91.7% 638,857 4064 WALGROVE E.S. L.A. 767,069 100.0% 4067 DEL AMO BLVD LONG BEACH 393,459 100.0% 4076 JESSE OWENS PK INGLEWOOD 562,447 100.0% 4077 CHAPMAN/ST COLL FULLERTON 135,411 100.0% 4083 HARBOR BLVD FULLERTON 214,172 100.00/0 4084 SAND CANYON IRVINE 670,470 98.7% 8,670 4088 ANNUAL RD RESURF DANA POINT 1,430,392 100.0% 4093 SAN FERN VLY LA 1,473,973 100.0% 4099 03 ST IMPRV INGLEWOOD 593,520 100.0% 4103 HOWLAND CNL CRT LA 290,526 100.0% 4106 PIER S BRTH S102-S110 LONG BEACH 4,077,253 100.0% 4109 VARIOUS STS REDONDO BEACH 761,751 100.0% 4112 BELMONT PIER LONG BEACH 479,513 100.0% 4113 NO LONG BEACH LONG BEACH 1,743,250 100.0% 4115 WASHINGTON BLVD CULVER CITY 741,069 100.0% 4117 VANUYS AIRPORT VAN NUYS 620,336 100.0% 4120 SOUTHGATE HS LOS ANGELES 681,858 100.0% 283 4123 ANAHEIM ST LONG BEACH 3,029,106 100.0% 4126 UNIVERSITY AVE RIVERSIDE 2,067,233 100.0% 4127 UNION STATION LOS ANGELES 429,149 97.3% 11,464 4129 MT. SAC WALNUT 897,723 87.5% 112,216 4144 CASE AVE LA 300,000 23.2% 230,507 4154 STS & ALLEYS W. HOLLYWOOD 176,197 80.1% 35,100 4156 STERRY E.S. LA 223,520 100.0% 4157 YL/PLACENTIA FULLERTON 137,338 100.0% 4160 WARNER ES LA 988,639 100.0% 369 4164 KENNEDY HS ANAHEIM 949,762 71.1 % 274,678 4165 EL TORO RD LK FOREST 10,950,000 95.0% 543,789 4clu.jc Me 2006912--fi --------------------------------------------------------------------------------- --------------------------------------------------------------------------------- Excel Paving Company Work Experience May 2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO PROJECT/OWNER/AGENCY AMOUNT COMPL. OF WORK 4169 CEN PK WEST LA 50,550 100.0% 4175 GLEDHILL ES NO HILLS 506,079 100.0% 4176 SILVER LAKE LOS ANGELES 1,302,701 100.0% 4177 COLD CANYON LOS ANGELES 481,211 100.0% 4179 PE BIKE TRAIL UPLAND 2,418,540 99.8% 4182 UCLA LOS ANGELES 65,000 18.5% 4182 UCLA CAMPUS LOS ANGELES 65,000 83.5% 4183 CAHUENGA LOS ANGELES 21,000 24.9% 4185 WHITTIER/PRESBY WHITTIER 7,400 100.0% 4186 GETTY TRUST LOS ANGELES 850 100.0% 4189 AVE OF STARS CENT CITY 82,000 100.0% 4196 MWD/SEARL HEMET 9,019.425 99.2% 4197 LYNOOD USD LYNWOOD 1,520.919 100.0% 4205 DREW MID SCH LOS ANGELES 1,034,306 99.0% 4206 107TH ST ES LOS ANGELES 400,543 100.0% 4207 93RD ST ES LOS ANGELES 348,140 100.0% 4209 PCH/CATALINA LONG BEACH 657.469 100.0% 4210 GLENDALE BLVD LOS ANGELES 40,700 100.0% 4211 VARIOUS LOC LONG BEACH 310,787 99.9% 4212 GLENDORA/HILL LA PUENTE 11,736 100.0% 4213 ALDAMA ST SCH 19,097 100.0% 4217 KANAN RD/101 FRWY 13,589 100.0% 4218 ASHCROFT/ROBERTSON LOS ANGELES 52,900 100.0% 4220 SO CENTRAL HS LOS ANGELES 54,026 99.5% 4224 SUNSET BLVD. W. HOLLWOOD 166,602 73.3% 4226 MONTANOSO DR. MISSION VIEJO 164,223 100.0% 4230 VARIOUS LOC LOS ANGELES 441,551 99.4% 4232 VALENCIA MESA FULLERTON 550.000 46.2% 4233 VAN BUREN VLD. CO RIVERSIDE 2,080,000 57.3% 4235 VICTORY BLVD. CANOGA PARK 687,374 99.9% 4236 THOMAS EDISON MS LAUSD 809,245 98.1% 4237 S/W AREA LAX 4,900,000 94.7% 4240 LINCOLN BLVD. CALTRANS 10,350,350 40.5% 4241 BRACKETT ARFLD POMONA 373,977 98.9% 4242 CHANDLER/LANKERSHIM LOS ANGELES 4,850,896 72.1% 4243 ANDASOL ES NORTHRIDGE 131,502 100.0% 4245 LINNIE CANAL LOS ANGELES 366,290 85.1% 4247 7TH/710 FRWY LONG BEACH 575,636 99.2% 4250 2 FRWY GLENDALE 13,200 100.0% 4252 W. PICO BLVD. LOS ANGELES 518,794 97.6% 4253 S.A. STADIUM SANTA ANA 397,289 100.0% 4255 ROMOLAND CALTRANS 200,540 100.0% 4257 MIRAMONTE ES LOS ANGELES 677,111 97.0% 0,-I- JO,,s Me, 2000 9-12-06 223 5,549 52,964 10.731 15,780 76,075 156 285 44,543 2,629 296,119 889,166 444 15,062 257,622 6,153,870 4,004 1,353,291 54,505 4,446 12,561 20,070 Excel Paving Company Work Experience May2006 % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO ------- PROJECT/OWNER/AGENCY ---------------------- ------------------------------- AMOUNT COMPL. --------------------- OF WORK 4258 N/E INTER SEWER LOS ANGELES 360,460 100.0% 4260 WESTLAKE VILLAGE 880,000 98.2% 15,423 4261 MULHOLLAND DR. LOS ANGELES 17,598 100.0% 4264 BELLA TERRA MALL HUNT. BCH 3,010,042 68.7% 942,283 4266 CENTINELA AVE. LOS ANGELES 2,588,928 5.2% 2,453,669 4268 RANCHO CUCAMONGA RANCHO CUCAMON( 234,424 100.0% 4269 KINNELOA DEBRIS BASIN LOS ANGELES 237,063 100.0% 4271 GETTY CENTER DR, CENT. CITY 28,907 100.0% 4272 CH►QUITA BLDG PORTOF LB 6,673,974 43.5% 3,772,645 4273 UCLA CAMPUS LOS ANGELES 72,097 2.1 % 70,618 4274 HARBOR BLVD LOS ANGELES 1,241,220 96.0% 49,961 4275 CLAY MS LOS ANGELES 620,819 100.0% 306 4276 GETTY CENTER DR. CENT. CITY 253,822 83.0% 43,271 4277 GETTY CENTER DR. CENT. CITY 4,384 100.0% 4279 41 ST ST. LOS ANGELES 440,218 100.0% 4280 VIA ROSA/PV BLVD. PV ESTATES 504,157 98.9% 5,713 4281 HILLCREST ES LOS ANGELES 828,523 90.8% 76,420 4282 LOOP 8 PARK PL. IRVINE 1,112,969 99.9% 690 4285 MARLTON ES LOS ANGELES 278,427 100.0% 4286 WESTERN AVE. TORRANCE 28,640 100.0% 4287 GRAND AVE_ EL SEGUNDO 144,402 100.0% 4292 PICO BLVD. LOS ANGELES 67,310 100.0% 4294 5 FRWY MISSION VIEJO 3,359 100.0% 4295 CULVER BLVD VISTA DEL MAR 1,623,617 99.1% 14,739 4296 GLENDALE BLVD - LOS ANGELES 574,081 98.1 % 11,041 4297 VICTORY/TOPNGA LOS ANGELES 606,202 100.0% 4301 MICHELSON IRVINE 201,698 100.0% 4302 VERMONT AVE. LOS ANGELES 1,257,702 45.4% 686,546 4303 ISLAND EST LAKEWOOD 25,997 0.1% 25,980 4304 MEDIA STUDIOS BURBANK 18,700 100.0% 4305 JEFF/CENTINELLA LOS ANGELES 1,510,999 8.7% 1,379,111 4306 10TH ST. LONG BEACH 1,155,831 99.3% 7,695 4307 NEWPORT SHORES NEWPORT BEACH 1,584,278 98.2% 28,416 4308 LAX AA MAINT AMERICAN AIRLINES 57,975 100.0% 4309 KING MS LOS ANGELES 933,869 30.2% 651,470 4310 VAIL/CLEVELAND MONTEBELLO 10,790 100.0% 4311 PLAYA VISTA LOS ANGELES 16,854 100.0% 4313 SSA PKG LOT CO ORANGE 189,508 95.8% 7,969 4314 PARK PLACE IRVINE 1,000,000 34.7% 652,713 4316 MONTROSE AVE. LACPW 2,471,000 11.6% 2,183,289 4317 BERTHS 226-236 POLA 3,141,000 1.8% 3,084,658 4318 RON REAGON FRWY SYLMAR 16,304 100.0% 4319 REDONDO AVE. LONG BEACH 219,880 53.7% 101,754 OpenCiosed JOC6 Msy 2006 3 2-06 ----------------------------- ----------------------------- Excel Paving Company ------------------------------- ------------------------------- Work Experience May 2006 --------------------- --------------------- % JOB OPEN JOBS 2006 SALES WORK BACKLOG NO PROJECT/OWNER/AGENCY AMOUNT COMPL OF WORK ------- 4320 ---------------------- CERRITOS PARK ------------------------------- GLENDALE 300,965 --------------------- 29.0% 213,540 4321 SO. EAST HS SOUTH GATE 12,000 100.0% 4322 E. PCH WILMINGTON 14,216 99.3% 106 4323 6TH & PCH HUNTINGTON BCH 16,092 72.4% 4,444 4324 USC, FIGUEROA & JEFFERSON 1,302,469 6.7% 1,214,817 4325 BLUFF CREEK PLAYA VISTA 50,310 66.6% 1.6,805 4326 BNSF, IND & WASH COMMERCE 306,986 6.7% 286,330 4327 UNION STATION LOS ANGELES 10,000 7.7% 9,226 4328 HIGHLAND AVE. LOS ANGELES 2,754,889 0.6% 2,738,581 4329 SUNSET BLVD. LOS ANGELES 1,888,845 0.6% 1,878,150 4330 HARBOR GATEWAY LOS ANGELES 2,374,709 0.6% 2,361,083 4331 OLIVE & LAKE BURBANK 12,876 99.4% 79 4332 SO. BRAND BLVD GLENDALE 1,982,548 0.6% 1,971,493 4333 VINEYARD & SATURN LOS ANGELES 8,545 95.7% 366 4334 710 FRWY CALTRANS 709,632 0.8% 704,119 4335 CSI/BOEING-BOLSA HUNT. BCH 101,500 92.7% 7,423 4336 VERMONTAVE. GARDENA 1,171,000 0.7% 1,163,358 4337 MCFADDEN AVE. 2,289,789 0.5% 2,277,215 4338 BNSF, WASH & IND NERVON 27,640 5.8% 26,025 4339 VARIOUS LOCATIONS LONG BEACH 1,468,235 0.5% 1,460,617 4340 SLAUSON AVE. CULVER CITY 2,136.269 0.5% 2.124,653 4342 MOOOG, WESTERN WAY TORRANCE 41,000 37.8% 25,504 4343 BRAND & HARVARD GLENDALE 106,000 0.0% 106,000 4344 PKG LOT PH 1 RANCHO SANTIAGO 819,465 0.6% 814,918 4345 3355 EMPIRE BURBANK 79,193 0.0% 79,193 4346 DAMON, CONSTELL OF STARS 161,437 0.0% 161,437 4347 HAMILTON HS LOS ANGELES 584,000 0.0% 584,000 Op- Closed Jobs Mey 2001 0-IM6 Excel Paving Company Work Experience May 2006 % JOB CLOSED JOBS 5/31/06 SALES WORK NO PROJECT/OWNER/AGENCY AMOUNT COMPL, 3716 710 FWY PCH TO 405 21,510,942 100.0% 3990 OCEAN BLVD LONG BEACH 1,196,229 100.0% 4004 GREEN VALLY CIRCLE CULVER CITY 1,173,791 100.0% 4045 5 FRWY, OR. CO 180,290 100.0% 4057 PALO VERDE HSG 611,836 100.0% 4061 PANKOW BLDRS M.B. 720,917 100.0% 4098 BLEND E.S LA 273,966 100.0% 4102 DENA E.S. LA 177,306 100.0% 4104 MOULTON PKWY CO OF ORANGE 478,612 100.0% 4142 ROSECRANS LAWNDALE 233,216 100.0% 4143 CALLE MIRAMAR REDONDO BCH 536,987 100.0% 4161 ST OVERLAY SIMI VLY 704,970 " 100.0% 4168 MARINA DEL REY LA 459,915 100.0% 4174 SHERMAN OAKS CNTR RESEDA 1,044,265 100.0% 4181 STATE ST ES LAUSD 334,787 100.0% 4191 HARVARD AVE. IRVINE 329,938 100.0% 4192 COMPTON/61ST LOSANGELES 17,722 106.0% 4195 NEW JOB SAN CLEMENTE 10,966 100.0% 4198 AGOURA BIKE AGOURA HILLS 1,032,236 100.0% 4214 PCH/ZUMIREZ MALIBU 453,886 100.0% 4215 THE TOLEDO LONG BEACH 7,449 100.0% 4216 REEVES/NAVY PORT OF LB 268,611 100.0% 4222 PKG LOT 6 MONROVIA 406,899 100.0% 4227 SEWER REHAB REDONDO BCH 550,196 100.0% 4229 BLDG 10 & 28 24,697 100.0% 4246 SOUTH ST. ANAHEIM 492,994 100.0% 4248 MANHATTAN & AVIATION REDONDO BEACH 49,589 100.0%u 4249 CAL TECH PKG PASADENA 39,406 100.0% 4251 5M FRWY CAL TRANS 188,210 100.0% 4254 PCH CAL TRANS 1,204,048 100.0% 4256 GARDENA HS GARDENA 1,009,381 100.0% 4259 LOMA VISTA ES LOS ANGELES 277,404 100.0% 4263 BEVERLY VISTA ES BEVERLY HILLS 734,246 100.0% 4265 INDIANA/WASH BNSF 15,290 100.0% 4278 CLARK AVE. LONG BEACH 517,203 100.0% 4284 CENT/L)NC CULVER CITY 263,999 100.0% 4289 LUGO E.S. LYNWOOD 15,435 100.0% 4291 05-06 St.Maint AGOURA H►LLS 831,113 100.0% 4293 HOLLYWOOD WAY BURBANK ARPRT 38,800 100.0% 4298 ST. JOSEPH'S SCH LONG BEACH 2,000 100.0% 4300 PV LANDFILL LA SANI DIST 19,650 100.0% 4312 INDIANA/WASHINGTON BNSF 147,323 100.0% 4315 190TH/GREENLANE REDONDO BEACH 2,000 100.0% Opn-Closed Jobs MeV nM 312.M CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR AIL 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. LOCATION: Jefferson Blvd., Playa Vista, Los Angeles 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 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 PALP INC. DBA EXCEL PAVING COMPANY A COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILITY STATEMENT) PROVIDE THE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH AVALUE IN EXCESS OF $2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: SANTA MONICA TRANSIT PARKWAY PROJECT PROJECT DESCRIPTION: UNDERGROUND, RETAINING WALLS, FWY. ON RAMPS, A/C PAVE, SIDEWALK, CURB 6 GUTTER, SIGNALIZATION, LANDSCAPING LOCATION: FROM 405 FWY. TO BEVERLY HILLS CITY LIMIT, LOS ANGELES CONSTRUCTION VALUE: $,14.455.152.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL SUBCONTRACT VALUE. FINAL SUBCONTRACT VALUE: ARCHITECT: C/O LOS ANGELES GENERAL CONTRACTOR INFORMATION NAME: PALP INC. DBA EXCEL PAVING COMPANY CONTACT: BRUCE FLATT TELEPHONE: 562 /599-5841 OWNER INFORMATION NAME: CITY OF LOS ANGELES CONTACT: CARL NELSON TELEPHONE: _ 213/847-6613 CON TRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OR THE RESPONSEBILITY 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. 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: Boh Pace TELEPHONE: 562) 599-5841 Ext. 248 OWNER INFORMATION: NAME: City of Los Angeles Board of Public Works CONTACT: Raphael Villegas TELEPHONE: 213)485-4556 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COIVANY EXPERIENCE (REFERENCE I.OS OR TBS RIISPONSEBILITY 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 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: Cary Cardemone TELEPHONE: 562) 590-4172 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A. COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RESPONSIBILM 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: pier F. Rprtha E24-126 _ PROJECT DESCRIPTION: Asphalt Utility Removals, Grade, New Asphalt Paving and New Concrete RTG Runways 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 OR THE RESPONSEBEL Y 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: Highland Avenue Widening PROJECT DESCRIPTION: Redesign of Highland Ave and Adjacent Streets 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_o Los Angeles Board of Public Works CONTACT: Rafael Villegas TELEPHONE: 213)485-4556 CONTRACTOR'S NAME: PALP INC. DBA EXCEL PAVING COMPANY A COMPANY EXPERIENCE (REFERENCE 1.05 OF THE RE.SPONS®U,ITY STATEMENT) PROVIDE FOLLOWING INFORMATION FOR ALL PROJECTS WHICH INVOLVE CONSTRUCTION WORK WITH A VALUE IN EXCESS OF S2,000,000 PRESENTLY UNDER CONSTRUCTION. PROJECT NAME: North Raclay Ave PROJECT DESCRIPTION: Street Beautification and Improvement of North Maclay Ave LOCATION: North Marlay_Ave, from 1st Street to Eighth Street CONSTRUCTION VALUE: 3,682,624.00 IF YOUR WORK WAS PERFORMED AS A SUBCONTRACTOR: N/A INITIAL 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: City of San Fernando CONTACT: Daniel Wall/ City Engineer TELEPHONE: 818) 898-1225 Bond No. Bid Bond The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we PALP Inc. dba Excel Paving Company as Principal hereinafter called the Principal, and Federal Insurance Company a corporation duly organized under the laws of the state of Indiana as Surety, hereinafter 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 ($1 o% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Edinger Ave. Parkway Improvements Phase 1 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 July , 2007 Witness PALP Inc. dba Excel Paving Company Principal ('Seal) By Name/Title Federal Insurance Company Surety (Seal) P. witness By a� "U9 A. Rapp Attorney -in Fact ORSC 21328 (5/97) icChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 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 Douglas A. Rapp or Linda D. Coats 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 Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 2 2 nd day of January, 2004 Kenneth C. Wendel, Assistant Secretary STATE OF NEW JERSEY ss. County of Somerset ran E. Robertson, 11r On this 2 2 ndiay of January, 2004 , before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the c mpardes which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swan, 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 seals 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 Franc E. Robertson, and !mows hhn to be Vice President of said Companies; and that the signature of Frank E. Robertson, subscribed to said Power of Attorney Is in the genuine twKiwriting of Frank E. Robertson, and was thereto abscdbed by authority of said By -Laws and in deponenrs presence. Notarial Seal Karen A. Pdt-,e Nd!ary Public State off New,ie.?se}r � .�% _��.� No. 22,316A7 Notary Public of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ali powfattomey 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 or an Assistant Pico 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, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to 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 attorney or certificate bearing such facsimile signature or facsimile seat 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 attached." 1, 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 -taws of the Companies is true and correct, (ik) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States 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 seats of said Companies at Warren, NJ this 19th day of July 2007 '%104t- �rsrottr� �Fw a�- ( G Z1 � Kenneth C. Wendel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY,OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903-3485 Fax (908) 903-3656 e-mail: surety@chubb.com