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E & M CONSTRUCTORS CO - 2001-06-18
RECEIVED BY: + c (Name) '7 -17-- 07. (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes (ad. 5260) after signingldating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidendch, City Treasurer 01. ATTN: VJim Slobojan, Deputy City Treasurer FROM: i DATE: 11-3-8Z SUBJECT: Bond Acceptance I have received the bonds for lo (olyacTow co - (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved VC . Q%- ey -0$ (COUWJ AA"vel Date) 6315(ir a Agenda Item No. a- .3 City Clerk Vault No. E M 6 ifo r g:lahlbondietter.doo \C� WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 20020160123 08:54am 02126102 110 62 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION CONFORMED COPY Not Compared with Original 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 by the City Council of the City of Huntington Beach, California to E & M Constructors Company who was the company thereon for doing the following work to -wit: PACIFIC COAST HIGHWAY, RIGHT TURN POCKET AT GOLDENWEST STREET — CC 1138 This project includes the construction of a right -turn pocket at Pacific Coast Highway and Goldenwest Street. That said work was completed February 4, 2002 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 4, 2002. That upon said contract Developers Surety and Indemnity 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 11th day of February, 2002. City Clerk and ex-officio Cle of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION 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 by said City Council. Dated at Huntington Beach, California, this 11th day of February, 2002. City Clerk and ex-officio CI of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 �a Ci of Huntington Beach OLD INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: David Verone, Contract Manager DATE: June 12, 2002 SUBJECT: Retention Release Payment Company Name: E and M Construction Co. Address: P.O. Box 922306 City, State and Zip Code: Sylmar, CA 91392 Phone Number: (818) 362-9811 Business License Number: 265am Local Address: N/A Notice of Completion Date: February 11, 2002 Contract Purpose: Retention Release for Cash Contract 1138, Right Turn Pocket on PCH Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that one stop notice has been received, but a release will be obtained before payment is released. Date Robert F. Beardsley, Public Works Director I certify that there are no outstanding invoices on file. Date ari Freidenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filet -with this office. -7 It (' /-')a__ Joatb Brockway,/)City ; '//,th L cc1138 retention release memo.doc 6/12/2002 11:42 AM INSCO INSURANCE SERVICES, INC. ir75CffiICc) Underwriting Manager for. o Developers Swety and Indemnity Company Indemnity Company of California 1T780 Fitch, Suite 200 - Irvine, California 92614 - (949) 263.3300 MAINTENANCE BOND BOND NO.: 630862P Premium included in Performance Bond KNOW ALL INIEN BY THESE PRESENTS: THAT we, E & M Constructors Co. as Principal, and Developers Surety and Indemnity Company , a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duty licensed to conduct surety business in the State of California, as Surety. are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of One Hundred Seventy Six Thousand One hundred Fifty Six and 77f100 (S 176.156.77 Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT - WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: Right turn Pocket at Pacific Coast Highway and Goldenwest Street Cash Contract 1138 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW. THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the said improvements by Obligee, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF. the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact this 51h day of June 2002 YEAR E b M Constructors Co. Oro wnjt��2�al I1 -1201 (CA) (One Yost Tenn) (REV. 3101) Developers Surety and Indemnity Company 13Y:''� li4egan B. Games Annrncy-in-Fact APPROVED AS TO FOR14.41 / CAIL FU i;:l, City Attorney $y: Dep_:y City Attorney 1. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On 6-5-02 before me, Tim McClain, Notary Public Dais Hams ara T" o1 Olr v is 9., :Jana Dow. Notary PuDK) ~� personally appeared Megan B. Gaines Na+na(s) d SQr"s) X1 personally known toca+ JOHM to be the person(s) whose namep(gara subscribed tqpq within Instrument and acknow dged to me that h<tel executed the same In ie IWr authorized capacity(X, and that by e their signature} on the instrument the person(W, TW MCCth" Z or the entity upon behalf of which the persoW acted, Cc' *n'_%n 9121t�=i - executed the instrument. ►Ctxr.-n.E#:ax WITNESS my hand and official seal. c1 Nora+y PuGut: OPTIONAL Though the information below Is not required by Jaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Maintenance Bond Document Date: 6-5-02 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ® Attorney -in -Fact D Trustee ❑ Guardian or Conservator ❑ Other: Top o1 thumb here Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Individual O Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact Trustee ❑ Guardian or Conservator . r ❑ Other: Top a thumb Here Signer Is Representing: a 1994 NaawW Wwy Assau rka - &W Rowmet Ave.. P.O. Box 7164 - Gropa P$A CA 9IX9.7184 Prod. Na NOT naadar. Ca ToN Fne 1 aoo-ere oau POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDE'INITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19721. IRVINE. CA 92h2.1 • {949) 263.331KI KNOW At L MEN BY TI4ESE PRESENTS. that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do tach Sexerally. bur not iointly. hereby make. eon.titute and appoint: * ** Michel Cresswell, Megan B. Gaines, jointly or severally * * * a. The true and lawful Auornevls)-in•Fact. to make. execute. deliver and acknow ledge, for and on behalf of said eorpormion. a. Sureties, bond.. undcnakinp and contract. of surer%h � Fi.ing and granting unto said Morne%1s)-in-Face full po ver and amhori[to do and to perform every act nece.4try. requisite or proper to be done in connection therew i1h a. each of -rid corporation. could do, but rewe-ving ro Clete of said corporations full power of subsGlurion and rc%-w ttion, and all of the aqs of said Aliorne)(.} in -Fact. pursuant to these presen[., are hereby ratified and confirmed. This Power of A1[orney i% granted and is signed by facsimile under and by authority of the following re.ohtions adopted by the rcSPecti+e Board of Director. of DEVELOPI: RS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. effeclke:r.of No%tmber I. _ 11NI: RESOLVED. that the Chairman of the Bo trd. the Prc.ideni and any Vice Presidem of the corporation be. and that each of them hereby is. authorized to exeate Powers of Attorney, qualifying the ullorne)(+) named in the Power of Attorney to execute. on bch.lf of the corporation., bond•, undertaking% and contrtcl. of surely.hip: and that the Secretary or any A�,tislam Secretary of the corpormion% be, and each of them hrrtby is. authorized to attest the txecuT ion of any such Power of Attorney. PESOLVED. FURTHER, that the signarurc% of such officer` may be affixed to arty Such Power of Attorney of «a any ctrtiftcaue relating thereto by Eec%imile. and any such Power of Attorney or certilic^ate hearing such Lei. signature. Shall he valid and binding upon the corporation w hen so affixed and in the future with resprcn to any bond, undertaking or contract of surel).hip to w hi:h it i. attached. IN WITNESS WNEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA haxe wwrally cau.rd these present% w rc signed by their respective E.rctnivc Vice Prc.idcnt :and anested by their resIwtit a Secretary this It'd:ty of No►embcr. 2tK KI. By David II Rhode•.. Execulite Vice President ;eJ��'''ap0 4' :dip s GOt'f;+POR y: 4� fF Cf W OCT n A, GO = OCT. 5 t5G7 By o' 1936 j'3C. ►iilterA Crowell. Secretary `'a;'r7�'••.,,►oWb,.•'ada•' q[IFOt�` STATE OF CALIFORNIA ) AS. COUNTY 0I' ORANGE ) On November 8. 21KKI, before nx. Diane t. Kawata, penally appeared Da. id H. Rh.x1cS and Walter A. Ctt-Aell, pentxnally known to me for Pm.ed to the On the basic of satisfactory e.idtnet) In he the prrvms whose names are Sahscribed to the within in.rrumtrel and acknowledged to me Am they etecurrd the same in Itwit mthorized capachies. and that by their signatures on the instrument the emhy upon behalf of w hick The prrsons atud. exe:ul d the in•rrument. M ITNESS my hand and official seal. A, Signature lot A CERTIFICATE LIME J. KAWVATA COMM 011679M t" a . NOTARYPI.$LIC•CAL 1GRIZA ORAiVGE COMM ifi Ccn'n1 {�. Ai'a. tl.2JC2 77: undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. diK'% hereby certify that the foregoing Power of Attorney remains in full force and has not been rexokcd. and funhrrneoic. that the pttn ision, of the re.utution. of [he rc.prctite tit: rd. of Director of -aid corporation. set f mh in the Prover of Attorney. ate in force a% of the dare of this Ccrlificatr. n. % Certificate is executed in the City of In ine. California. the 5 th day of June 2002 Da. id G. Lane. Chief Operating Officer ID.l3ur (11.1 11) +lay lai uc UJ:lip const. Bus. Svcs6305265 56263052CS P•3 MAY-31-2332 15:35 HUNTINGTON BEACH 714 374 1573 p.03/03 CW CLERK'S ORIGINAL -AM- ?11Qu-0F5AT1 N.W. . t, ,g /;4 1. -1 am ;e ga =1=n .-ac -for the City of f;kinting'►ao BUd. 4340 s :crr..os±S 11y describe irrthcpu�F'tc t.orh contract outitaed-• r4�T Z. All %%corkers and ptrsans employed, all fit:n= suppl};ng mate: ials; and III subconnntrr-farthr- abovc-mentioncd project have 1 con paid in (ull. 3. The foilowing arc either disputed claims, cr itenu in muection wish Notice= to SYi6hold, which havcbeert filed v4der tlta provisl=cftvcsratr uf.th4razf Califamk (uf nit., state "NONE'l S dc:lara under ptnalty of perjury that t,'tc for:going is true and correct. '(Si�ttrtt: ofC�tttrttror�' al- on this 3 / day-ot_�cd-y,�_? �' � -z— (S r • Y--- TOThC P.03 Mat 31 02 03:12p Const. Bus. SvesS305265 MAY-31-2202 15:34 HUNTINGTON BEACH 5626305265 p.2 714 374 1573 P.e2iO3 . CiTY CLERKS ORIGINAL Gn• cf Mntington Bcach Dcpu,.r.cdtof Public Wont: Pon Office Box 190 Hunting -on Oe'aeh, CA--92648.. Sabjctt: Ccrt Ecaion of Comphncc with Tide V1I of the Cir,! R10ts Act and Egy.1Zr *yrrre rD; , • • Act of -t 472 1%•YNe1•ei•i. 'ne undersigned, contactor elk -Cc- •RYsh'� . ttA,% Prcita No: I'W - h:rrby ccrti5et that all labours, mecbw*s, apprentices, = nm, v-wchrnen and gtcards ert;io7ed by Sim or by any nsbcaitrsctor pexfomiag work. wxla the contract on tyke pralact have been l wilts at rates nat less thin these required by the contract provisiars, and that the wark perfarrned by tack such taborer; m=hvtic,- apgrcudmer trai= =dbrmed-to t�z danificaro.•tsserf the contractor training program provisions applicable to the stage Cite paid. Sisaatt"e• -Title rK:owtMt r + . is a ..}''' •�`'. Mat 30 02 07:52a Const. Bus. Svcs6305265 5626305265 p.3 CITY CLERKS ORIGINAL April 10, 2002 € cc ?x &WOU"Wa &. P.O. BOX 922306 SYLMAR, CA 91392 818 362-9811 1? 811 B33-2332 rAX C'MR. UC. #253371-A City of Huntington Beach 2000 Main Street Huntington Beach. CA 92648 Attn: David Verone, Contract Manager Dear Mr. Varone: For value received, I hereby assign to the City of Huntington Beach all of my rights, title and inter tst in that certain sum of money in the amount of $5,399.15 due me from the City of Huntington Beach, pursuant to Huntington Beach cash contract # 1138. I hereby authorize the City of Huntington Beach to pay these funds directly to SRD Engineering, Inc. who has a claim for payment from the funds pursuant to the attached Release of Stop Notice which shall be effective upon receipt of payment. (Release of Stop Notice attached). Further, I hereby release, indcumify, save and hold harmless the City and it's officers, agents and employees from any and all loss or injury which I may incur as it result of this assignment including any wrongful or negligent payment by the City to a subcontractor or a failure to pay any such subcontractor. "Subcontractor" as used herein means material man, supplier, artisan or any other person furnishing services, goods, labor or materials. E & M Constructors Co. Eula Cisneros, Authorized Agent +-il a:1835 [CA) EPRIVATE) ) �� gecording Requested by and Return to:1 Customer: EtM CONSTRUCTORS CO �ttJJJ I Project: S Rec ID: 0IW0V:IC7M ' Job #: 1138 , CA Cert No.: •U NOTICE OF INTENT TO FILE A LIEN, STOP NOTICE OR SpND IM iil pErlCx, L'a TO THE OWNER OR REPUTED OWNER TO THE LENDER, SURETY OR BONDJING COS A C: 4 CI'l7r of HUNTINGTON BEACH INS SERV BONDING 2030 MAIN STREET 600 HAMPSHIRE RD STE 210 ' Huntington Beach, CA 92648 Westlake Village, CA 91361 TO THE ORIGINAL\REPUTED CONTRACTOR FROM THE LIEN OR STOP NOTICE CLAIMWT EQ-t CONSTRUCTORS CO ASSOCIATED REAOI MIX CONC, INC PO BOX 922306 Sylmar, CA 91392-2306 4621 TELLER SUITE 100 NEWPORT BEACH, CA 92660 The undersigned claimant, ASSOCIATED READY MIX CONC, INC, intends to file a Claim of Lien against the building, erection or improvement described as project, located at PCX t GOLDENWEST, Huntington Beach, CA The specific contract information is for Our Job/Invoice i1133. The! claimant furnished the following kinds of labor, services, equipment or materials: READY MIXED CONCRETE; at the request of ESM CONSTRUCTORS CO 1138, PO BOX 922306, Sylmar, CA 91992-2306. The amount due is $2,798.70, including service charges or interest at the rate of 0.000% per anrum. THIS NOTICE IS BEING SENT AS A MATTER OF COURTESY AND REFLECTS INFORMATION true as of this date. If this claim has already been paid, please disregard this notice. UTnlass voe receive payment by 0310512002 a claim may be filed. VERIFICATION I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of ray own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at NErTPORT BEA--H, California on 02/18/2002 for ASSOCIATED READY MIX CONC, INC. By: ROBIN Y BRYANT, CREDIT ADMINISTRATOR Phone: (949) 253-2800 PROOF OF SERVICE BY MAIL AFFIDAVIT I declareVtha I served copyof the above docut* nt, and any related documents, by (as regp_ired w) first- lass, r ified or regi:red mail, postage prepaid, addressed to the aboved parties, at t e es isted Bove, on 02/18/2002. I declare under penalty oury that h� •ng is tr a E *. Executed at'NEWPORT BEACH, California or11q?4-1,.8 Signed �y . g,f:ti\\\\\\V///!///11.11\\\\11����1/ll!///flnl\l�\\\\/Ih\\\\\��1//////^\\\\\�v//ll!/�� 1 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION (Public or Private Work) (per California Civil Code Section 3103) FUNDS, r I Y CA i.7.tl .i Vli, CA 1012 IIAR - Q P n: G e To: City of HnntinE�tnn Project: PCH Impro-v.e'ments 1 AN,E of onN{R FLNlIIC r QI11 oASTRLC TION Iwo HOLDEN _ INANE 2000 Main Street PCH & Goldenwest {AM-ZFS a &KCTEO TO A BANK OR SAVINGS AND LOAM ASSN.. USE ADDRESS OF DRANCN HOLDING FLRNDI {ADORESit Huntington Beach CA 92648 Huntington Beach { ITV. STATE AND ZVI (CITY STATE AND Znl TAKE NOTICE THAT Sg Engineering, Inc. {PLwE OF TI.E PERSON OR IPM EAAw,.-,D TM STOP NOTICE.TAC[NSEo COwTRAC1ORS WU$T USE TNA NAME EF.DER W.FCN Cw7RACIOR'S LICENSE 6 %SLED► whose address is 18200 Yorba Linda Blvd. #1001_Yorba Linda, CA 92886 tAO0RESS OF FERSt1N OR ff" CLA.AING, STOP 01014CEh has performed labor and furnished materials for a work of improvement described as follows: PCH Improvements �- {NAMI AND LOCA I" O/ THE MAGI WHERE w0#r OR MA71"LS LKERI FIMURS..ED) The labor and materials furnished by claimant are of the following general kind: Storm drain, doncrete, and water services (KIND OF LASOR. SERVICES. EOLNPMIMT. OR MATPUALS FUR 64a OR AGREED TO SE FUAmr"D ST CLAMANT) The labor and materials were furnished to or for the following party: E & M Constructors !NAME OF THE PARTY WNO ORDERED TN[ WORK OR MATERIALS) • �� Total value of the whole amount of labor and materials agreed to be furnished is: ......................... s49,593.49 The value of the labor and materials furnished to date is:............................................................ $4 9 1593.49 Claima-it has been paid the sum of: ............................................................................................ S_44, 194. 34 And there is due, owing and unpaid the sum of: ............................................. .............. -- ........ 8 5,399.15 w You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigatirn, as provided by law. You are also notified that claimant claims an equitable lien agains any construction funds for this project which are in your hands. FIRM NAME: SRD Engineering,_ Inc. By: DYAME OF STOP NDTICE CLAIMANT) {OWNER OR AGENT OF STOP NOTCE CLAMANT MAST 14M 14RE AND WIPOT ruo1N) VERIFICATION 1, the undersigned, say: 1 am the President Of _ _ _ _ the claimant I-P ASDENT DF; -MANAGER OF.- -A PARTNER ON. -QMN[R or. -Aam OF,- ETc.) named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; The same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 4 20,02 Yorba Linda CA [OATS 143 DOCUMENT WAS7:�72r_�S[F1A/M M CITY AND STAB INW V NOTICE SgM[01 lPERSOkM SIGNATURE OF TN! MEDIVOU&L WHO I: SWEARING TFEAT M CONTENTS OF STOP NOTICr ARE TRL091 REQUEST FOR NOTICE OF ELECTION (Private works only) (Per Caljfomia Civil Code Section 3159, 3161, or 3162) If an election is made not to wthhold funds pursuant to this stop notice by reason or a payment bond having been recorded in accordance with Sections 3256 or 3182, plane send notice of such election and a copy of the bond within 30 days of such election in the enclosed pmaddressed startped envelope. This Infocmation must be provided by you under Civil Code Sections 3159. 3161, or 31652. Sigrad: (cloinrl Mud Endow Sar-Aftemod Stampod EWOOpI) WOLCOTTS FORM 594 - (price class 3B) STO :1 NOTICE - rev. 749 Before you use this form, M In 0 Wanks. and make whatever changes am appropriate and O I9A WOLCOTTS FORMS. INC. necessary to your partimlar transaclior[. Consul! a lawyer If you doubt the form's furless for vow SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. respedp" o lhelo memdha ttabbd or f iesss of trtT�a i warranty. u�sspurp� ' � SKI) Engineering, Inc. 18200 Yorba Linda Blvd., Suite 100 Yarbk Undk, CA 919&6 CONTRACT BILLING To: E & Ili Constructors Co. P. O. Box 922306 Sylmar, CA 91392 Project: Pacific Coast Ilwy Improvements Pay Estimate: 10411`inal Invoice N1381 December 18, 2001 ITENI DESCRIPTION CONTRACT QUANT. U/,XI UNIT PRICE CONTRACT TOTAL PREV. DILLED QUANT. AMOUNT CURRENT iRLQUEST QUANT. AMOUNT TOTAL- TO -DATE QUANT. AMOUNT 11 450 mm RCP w/Concrete lincoscmcnt 56.5 M 317.00 17 910.50 565 17.91050 0 0 56.5 17 910.50 12 750 mm RCP w/Concroc Encascnxnt 5.5 M 800.00 4,40000 5.5 4,400,00 0 0 5.5 4,400.00 13 ]unction StructureT D I FA 2,840.00 2 840.0(1 1 2 840.00 0 0 1 2 R40.00 15 Relocate or Reconstruct Water Service 6 FA 1 240.00 744000 6 7,440.00 0 0 6 7,440.00 16 Abandon or Rerve Water Service rxr I EA 790.00 180,00 2 1560,00 0 0 2 15f+0,00 19 Abandon Storm Drain Inlet Noe I FA 1430.00 1,430.00 1 1 430.0I 0 0 1 1.43000 20 Install Fire I# drant I EA 5 800.00 S 8(X).00 1 51800t10 0 0 1 5.800.00 EX1 I T & M 8129101 water servicessly 1001/. 371.68 0 0 1(X)% 371.69 FX2 I T&M 100101 waterservicesslu 1"/9 3716R 0 0 100e/r 3110A I-X3 1 T & M 014t01 utility conflicts Iowe 247.78 1 0 0 1005'e 247.78 F.X4 T& M 915/01Wde-utility conflict 1000/0 701.14 0 0 100% 701,14 EX5 T& M 9110/01 cut Pipes firC11 1Vrle 321.25 0 0 1006/6 321.25 EX6 T & M 11R11O1 Re1oc Meter poxes 1000/6 599,46 0 0 10We 599.46 Com leted To Datc 0 49,593.49 Less Previous Payments :; 44 19434 Amount Now Due 5,399.15 )A TRANSMISSION VERIFICATICN REPORT TIME : 03/04/2002 12:09 NAME : SRD ENGINEERING. INC FAX : 7145728517 TEL : 7145723660 DATE.TIME 03/04 12:09 FAX NO./NAME 18188339332 DIRATION e0.08: 00 PAGE(S) e0' T FUSY MODE STANDARD SRD ENGINEERING, INC. 18200 Yoxba Linda Blvd., Suite 100 Yorba Linda, CA 92886 Telephone (714) 572-3660 Fax (714) 572-8517 Date 3/4/ )2 # of pages following transmittal 1 To Eddie Fax# Company E & M Constructors Co. Scndcr Nancy Vement Subject Retelation Remarks: This is the, cozrccted billing to reflect what you and I spoke about. Note Item #I5 has quantity 6 instead of 7 and Item #15 has quantity 2 instead of 1 reducing the retention amount to `399.I5 instead of $860.50. Please call if you bane any questions. Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE CITY OF HUNTINGTON BEACH 2O020160123 08:54am 02/26102 Office of the City Clerk 110 62 N12 1 P.O. Box 190 — 2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 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 by the City Council of the City of Huntington Beach, California to E & M Constructors Company who was the company thereon for doing the following work to -wit: PACIFIC COAST HIGHWAY, RIGHT -TURN POCKET AT GOLDENWEST STREET — CC 1138 This project includes the construction of a right -turn pocket at Pacific Coast Highway and Goldenwest Street. That said work was completed February 4, 2002 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 4, 2002. That upon said contract Developers Surety and Indemnity 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 11th day of February, 2002. City Clerk and ex-officio Cle of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex=officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION 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 by said City Council. Dated at Huntington Beach, California, this 11th day of February, 2002. WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 City Clerk and ex-officio Ci of the City Council of the City of Huntington Beach, California DM CITY OF HUNTINGTON BEACH MEETING DATE: February 4, 2002 DEPARTMENT ID NUMBER: PW 02-016 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑Conditional Approved ❑ enied Ilk.), Cify Cler s Signature Council Meeting Date: February 4, 2002 Department ID Number: PW 02-016 CITY OF HUNTINGTON BEACH o REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS mc:) > >�'. l SUBMITTED BY: RAY SILVER, City Administrator a -eV Y� y m PREPARED BY:_�ROBERT F. BEARDSLEY, Director of Public Works UBJECT: , ACCEPT THE PACIFIC COAST HIGHWAY RIGHT TURN POCKET AT GOLDENWEST STREET, CC-1138, AND FILE A NOTICE OF COMPLETION Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The improvements to the right -turn pocket at PCH and Goldenwest Streets are complete. The project is ready to be accepted and the Notice of Completion filed with the County Recorder. Funding Source: Sufficient funds were authorized for this project from the Traffic Impact Fee Fund, Account Number 20690011.82300. Recommended Action: Motion To: Accept the Pacific Coast Highway, Right -Turn Pocket at Goldenwest Street, CC-1138, at a final cost of $174,119.90, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. Analysis: On June 16, 2001, the City Council awarded a contract to E & M Constructors Company, in the amount of $162,635.50 to construct the Pacific Coast Highway, Right -Turn Pocket at Goldenwest Street, CC-1138. The adopted project budget also included $16,300.50 to cover potential change orders and $6,364 for supplemental expenses, for a total of $185,300. 02-016 feb 4 charlonne (CC 1138).doc -2- 01/23/02 4:20 PM /� / t� REQUEST FOR COUNCIL ACTION MEETING DATE: February 4, 2002 DEPARTMENT ID NUMBER: PW 02-016 The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion. The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract amount: $162,635.50 $164,751.00* 2. Change orders: 16,300.50 9,368.90 Project Construction Costs: $178,936.00 $174,119.90 3. Supplemental Expenses: 6,364.00 4,901.66" Total: $185,300.00 $179,021.56 " Some contract quantities were greater than estimated. "Supplemental funds were used to provide geotechnical oversight and testing, as well as Edison street light installations. Attachments : RCA Author: Charlonne:jm 02-016 feb 4 chadonne (CC 1136).doc -0- 01/23/02 4:20 PM CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 12, 2002 Gary Granville County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92M. Also enclosed is a copy cf the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, Connie Brockway, CMC City Clerk fh Enclosure: Not.ce of Completion— E & M Constructors Co. — CC 1138 — Right Tum Pocket C PCH 3 Goldenwest (Telephone: 714-53a227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE 1S HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to E & M Constructors Company who was the company thereon for doing the following work to -wit: PACIFIC COAST HIGHWAY, RIGHT TURN POCKET AT GOLDENWEST STREET — CC 1138 This project includes the construction of a right -turn pocket at Pacific Coast Highway and Goldenwest Street. That said work was completed February 4, 2002 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 4, 2002. That upon said contract Developers Surety and Indemnity 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 111' day of February, 2002. City Clerk and ex-officio Cle of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange } ss: City of Huntington Beach ) 1, CONNIE BROCKWAY. the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION 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 by said City Council. Dated at Huntington Beach, California, this 11�h day of February, 2002. City Clerk and ex-offici CI of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL T0: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: ACCEPT THE PACIFIC COAST HIGHWAY RIGHT TURN POCKET AT GOLDENWEST STREET, CC-1138, AND FILE A NOTICE OF COMPLETION COUNCIL MEETING DATE: Februwy 4, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution wlexhibits & legislative draft if ap licabte) Not Applicable Tract Map, Location Mae and/or other Exhibits Not Applicable. Contract/Agreement (wlexhibits if applicable) (Signed In full by the Cit Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form byplty Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report If applicable Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant CityAdministrator Initial City Administrator (Initial) Cit Clerk �r 7;4:;,- , EXPLANATION FOR RETURN OF ITEM: RCA Author. Charlonne RECEIVED BY CITY CLERK RECEIPT COPY �) M i Bb®• Return DUPLICATE to Jeffrey Hughes (ext 5260) (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shari Freidenrich, City Treasurer ATTN Jim Slobojan,, Deputy City Treasurer FROMN*OP�AU)t-S DATE 06 - I6 - 0 ) SUBJECT Bond Acceptance I have received the bonds for com ST'vw -Tot, Co . (Company Name) Faithful Performance Bond No. 930$b9- P Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No CC No 113S MSC No ' Approved & -1%-oN (Council Approval Date) Agenda Item No City Clerk Vault No IF=4 C-m 6DD.50 g /jah/bondietter doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COMM REDEVELOPMENT AGENCY OF THE. CITY OF HUNTINGTON BEACH DATE: August 10, 2001 TO: E & M Constructors Co. Name P.Q. Box 922306 ATTENTION: Alfred Padilla DEPARTMENT: Street Sylmar. CA 91392 REGARDING: Construction Contract Cq.state,Zip CC No. 1138 See Attached Action Agenda Item E-16 Date of Approval 6 / 18 / 01 Enclosed For Your Records Is An Executed Copy Of Th-- Above Referenced Agenda Item. Remarks: Conroe Brock«ay City Clerk Attachments: Action Agenda Page x CC: D. Verone Nam R. Beardsley Name T. Broussard Name _S. Freidenrich Name C. Mendoza \amn Agreement x Bonds x Insurance x RCA Deed Other DPW x x x bonds Department RCA lwnr MA Insurance Other DPW x x x bonds Department RCA Z7--M <ert Ltsuraace Other DPW x x x bonds Department RCA /.peerneat Insunace Other Tregs . x bonds Department RCA AS%--Tt rrtsurl= Other Risk Mgmt. x x DCPLrMV nt RCA I MUILstca ITeTe phony: 714-536.52271 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND E & M CONSTRUCTORS COMPANY FOR CONSTRUCTION OF RIGHT TURN POCKET AT PACIFIC COAST HIGHWAY AND GOLDENWEST STREET (CC-1138) THIS AGREEMENT, made and entered into this >! 8th day of June 2001, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and E & M CONSTRUCTORS COMPANY, a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as construction of the right turn pocket on Pacific Coast Highway at Goldenwest Street 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 furnish, at its own 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 assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for aft other risks of any description 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 0lagreeUkl tum1615'01 shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 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 hereinafter defined), 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 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 said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 2000 edition including 2001 supplement 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 OtagreeE&M tum161"I 2 California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A" ); 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, sha!I be of like effect as if indicated and mentioned in both. In case of 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"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Sixty Two Thousand, Six Hundred Thirty Five Dollars and Fifty Cents ($162,635.50), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 01agreeE&M tum/615V 3 within forty five (45) consecutive working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 01agreeEBM turnl6r5101 4 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. OlagreeEBM bumf&5101 5 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its 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. 11. LIQUIDATED DAMAGESMELAYS 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 Pour Hundred Dollars ($400.00) per day for each and every working days delay in completing the work in excess of the number of workinglcalendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages OlagreeEBM tum16l5l01 6 herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the 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 waiting for materials required by this Agreement to be furnished to 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 nowise 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 the 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 material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. OlagreeE&M tum1615101 7 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The 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; (2) Tirre Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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 01agreeE&M tum/615101 8 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each montri the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT. as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, 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 the 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 expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit Olagree£bM tuml6/5101 9 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 the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and aft subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, 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, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. OlagreeUkl tuml615101 10 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation 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 insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of 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 $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 $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be OlagreeE&M tum1615101 I t applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: 'The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 01a0reeE&M turrV6/5/01 12 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused 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 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. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 24. NON -ASSIGNABILITY 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. 25. 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 Ca!ifomia Govemmenf Code sections 1090 of seq. OlagreeERM turW&5101 13 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop t4otices, Notices to Withhold, or any similar legal document. Said 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 (S100) for every Stop Notice fled in excess of two, 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. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. 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 0lagreeE&M tum/6/5101 14 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. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. 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. E & M CONSTRUCTORS COMPANY, a sole proprietorship By: /11-1red Padilla, Proprietor REVIEWED AND APPROVED: Cilf7Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor - ATTEST: d�'- City Clerk ti8-1�—ti1 APPROVED AS TO FORM. �L�i3t l Attorney +!- f _ A� *�� rector of Public Works OlagreeEBM tum/6/5M1 15 SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY IhiPROVENIENTS from GOLDEN WEST STREET TO 22-"D STREET CASH CONTRACT No, CC 1138 in the CITY OF HUN'TINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HULN71NGTON 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 Iabor, 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 &Is 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 accornpanykig 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. raXA181T A C-t If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. BIDDERS Accompanying this proposal of bid, find BOND in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Bidder's Signature r ONE MAY 24 2001C C-2 '4 SECTION C PROJECT BID SCHEDULE (Revised per Addendum 1) ITEM ESTMkTED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT PACIFIC COAST HIGHWAY FROM GOLDEN WEST STREET TO 22"D STREET 1 I L.S. Mobilization @ Dollars t 1 SZZ Cents 2 I t L.S. Traffic Controls{ 1 @�..so � •t tl oC FI ei Dollars Cents 1 L.S. Unclassified Excavation @ Dollars 50oo- SOOQ — Cents 4 1 Miscellaneous Removals (A.C. Pavement, . L.S. Sidewalk, Curb & Gutter, Signs, Shrubs) 150O0-, S1000— F�1e�S4+i d Dollars Cents 5 75 Curb and Gutter Type A2-200 per CalTrans Std M Plan A8 St , �-1 OO — Dollars Cents 6 172 Construct 100mm Sidewalk per H.B. Std Plan M2 207 @ W EL C_,r- t 6-A Dollars —� i `46qT Cents 7 1 Curb Ramp Case C per CalTrans Std Plan A88 Each @ oAE OVSRr►d Dollars 1 om- 100O~ ` Cents 8 96 Tonne Construct Asphalt Concrete Pavement @ Dne Dollars Wo — (OCK) — Cents 9 160 Construct Aggregate Base Tonne @ - �-{ Dollarsgj00-- Cents 1 C. 2 Construct Type OS Drainage Inlet & Gutter Each Depression per CalTrans Std Plan D72 & D78 ky A S OD Oa D @ * WE, W Dollars Cents 11 56.5 Construct 450mm RCP 2000-D with Concrete 14f Encasepent @ UrL OVDollars — Llt Q � FNE: OtLW 5 Cents C-Is 14 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 1-) 5.5 Construct 750 mm PCP 1250-D with Concrete iV1 Encasement @iil���tlSil�d- Dollars r Cents 1= 1 Construct Junction Structure Type D per H.B. Std Each Plan 313 & ��pp -- (_4b �- 1 @ L, IMDd5r� Dollars i Cents 1 ► 18 M Const`�uc CMU etai ins Wa! 1 @DolIars (A QQ — c0'0 Cents 15 6 Relocate or Reconstruct Water Service per H.B. ' Each Std PIan 602 Dollars { Cents I .i 1 r Each Abandon or Remove Water Service a` kibLE6 6f lE� Dollars Cents 1 ? 2 Each Relocate ign @ f, Dollars 3 OD — 6 bD " ' Cents 113 3 Each Relocate Tree` @ �w o V l� DO S�'� c�. Dollars Coo �p m o-- + Cents 19 1 Each torm rain Inlet Pipe Ab7�%t. cL 'oy-'-An4 Dollars , i,A0C)o ` .o� 0M — i Cents 20 1 Install Fire Hvdrant per H.B. Std. Plan 607 Each CO tiv" r-O Dollars _ -- 3 1r: Mc kWMd &q,34W h'` Cents q n S 1q+5'D 21 2 Install Edison 0,.%med Street Light MH = 9.14m, Each NIA = 1. m, 200 ' HPS r a► O� "~ ! @ t,rb bos Dollars Cents 2? 1 Traffic c Signal odificati n Dollars ' L.S. @ bo is Cents . • 3 �� .SL �{3 8I ISD 23 1 Adjust Pull Box to + Each �G�rad @ 5i Rfa RUKA& L Dollars Ism— 15op -- Cents Total Amount Bid in Figures: S Total Amount Bid in Words: 6flE I V 4 i 1 1-9 S C-2s !p 4. Ili ' J 31 -! SCALE: 1'-20' CHAIN LINK FENCE 3 ,r 10 1 11 1 \ \ �A NEW NOT @CONSTRUCT 48" HIGH (MAX) CMU BLOCK RETAINING WALL OADJUST FULL BOX TO GRADE 31 REMOVE EXISTING BUSHES. 0 RELOCA TE SIGN TO NORTH OF NEW SIDEWALK. GOLDEN WEST S- ►,- EE CZ11. a/Aaa' Lr-04I.7wG PCH @ Gofdenwest Street Addendum 1 Exhibit 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 Su_ bcontractor State License Number Class igti IZit3 I (,IR, Zo SM 100'JORbA l.;nQq A 100 �WIIA 1-1 A CA q Z$g (a�� VS3 � moos E� 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 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: E & M CONSTRUCTORS, CO. Bidder Name 14581 TYLER STREET Business Address SYLMAR, CA 91342 City, ( 818 ) 362-9811 Telephone Number 265371—A State Contractor's License No. and Class 1971 Original Date Issued 3/2002 Expiration Date State Zip The work site was inspected by EDDIE PADILLA of our office on 5/25 .2001. The following are persons, f rms, and corporations having a principal interest in this proposal: ALFRED PADILLA (OWNER) C-9 05/24/2001 12:00 8188339332 E M CONSTRUCTOPS CO PAGE 01 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ALFRED PADILLA , being first duly sworn, deposes and says that he or she is nwKrrr of --E a M CONSTR CTQkd " cvthe 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 sharp 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, cornmunication, or conference with anyone to fix the bid pace, 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 a -re we; 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. TM Subscribed and sworn to before me this 2,q NOTARY PUBLIC fr?,# sl7-1 E & M CONSTRUCTORS, CO. Name of Bidder Sig ure of Bidder 14 el TYLER STREET SYLMAR, CA 91342 Address of Bidder day of .2001. C4 RAM QNA RODRitt " t i CODU. 111942E1 NOTAPYPUMC-CALFOM" LOS At.GELES COUNTY COffm E=v ALl(ABT27:N= NOTARY SEAL NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ALFRED PADILLA , being first duly sworn, deposes and says that he or she is n1simrR of F P, 14 cQNSTRUCTORS._ COthe party making the foregoing bid that the bid is not made in the inte.est of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine pnd 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 breakdo,.%m 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. E & M CONSTRUCTORS, CO. Name of Bidder Q Sigpffure of Bidder 14581 TYLER STREET SYLMAR, CA 91342 Address of Bidder Subscribed and sworn to before me this day of , 2001. NOTARY PUBLIC C4 NOTARY SEAL 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 PACIFIC COAST HIGHWAY IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: MAY 29, 2001 E & M CONSTRUCTORS, CO. Contractor 191/Wj/94dkt,LFRED PAL-ILLA OWNER Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section I43 i 4.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 0 Yes Jallo 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. G6 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: MAY 29, 2001 E & M CONSTRUCTORS, CO. Contractor By OWNER Title G7 ' 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: 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 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. E & M CONSTRUCTORS, CO. Company Name ALFRED PADILLA Printed or Typed Signature Subscribed and sworn to before me this/Z day of , 2001. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. CITY OF PALMDALE, 38250 N. SIERRA HWY, PALMDALE, CA 93550 Name and Address of Public Agency Nar wo&"► 'tvt; ® w> leo►J !&wAIr4 Name and Telephone No. of Project Manager: (6 61) 2 6 7 - 5 3 2 4 DAV ID WU $88,000.00 STREET IMPROVEMENTS 11/2000 Contract Amount Type of Work Date Completed 4111 N LAS VIRGENES ROAD 2 LAS VIRGENES UNIFIED SCHOOL DIST., CALABASAS, CA 91302 Name and Address of Public Agency Name and Telephone No. of Project Manager: (818) 878-5279 RODNEY HIPPENHAMME R l w- t.,{ C-�D kplm-r Oo,�ac, $167,000.00 PARKING LOT IMPS. 1/2000 Contract Amount Type of Work Date Completed 3. CITY OF LA MIRADA 15515 PHOEBE AVE., LA MIRADA, CA 90638 Name and Address of Public Agency Name and Telephone No. of Project Manager: (5 6 2) 9 4 3 - 0131 GARY S I NUI $124,455.000 BLOCK WALL & SIDEWALK RECON. 1/2000 Contract Amount Type of Work Date Completed C-10 i-r City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For PACIFIC COAST HIGHWAY IMPROVEMENTS CC-1138 May 10, 2001 Notice To All Bidders: F lease note the following revision to the Project Plans, Specifications, and Technical Provisions: This addendum shall address construction to provide access from the recently constructed bus pad on Pacific Coast Highway, north of Goldenwest Street. The attached exhibit shall be used for bidding p urposes. The attached Bid Sheet shall be used and has been modified to add new construction notes and wise quantity estimates. Final design will be approved by the City and Caltrans as Revision 2 to the Drawings. also, Construction Note 24 shall be removed from the construction documents as the chain link fence referenced was for temporary construction and has been removed. Allso, Note that the Contractor shall be responsible to contact Bill Battory with OCTA at (714) 560-5912, seven days prior to removal of the existing bus stop sign located on Pacific Coast Highway between Goldenwest Street and 22nd Street. This is to acknowledge receipt and review of Addendum Number one, dated May 10, 2001. E & M CONSTRUCTORS, CO. Company Name MAY 29, 2001 Date 11.11 bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. o'i DATE(MM VR-ORD. CERTIFICATE OF LIABILITY INSURANC4 07/06/01 PRCX=!:R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 1410 RIGHTS UPON THE CERTIFICATE Insurance Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AM END, EXTEND OR PO Bax 7329 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Thourrand Oaks CA 91359 Phon.a:805-495-4634 Fax:805-494-0781 INSURERS AFFORDING COVERAGE INSURED INSURER General Accident Insurance Co. INSURER B: INSURER E Z 14 Constructors, Co. 14581 Tyler St. Sylmar CA 91342 ftSUIREAa. 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 TERIIrj. EXCLUSKX4 AND CONDITIONS OF SUCH POLICES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. LI TYPE OF INSURANCE POLICY NUMBER DALE M DATE M WDDlYY umrTS GENERAL LLAB:LITY EACH OCCURRENCE $ 1, 0 0 0 0 0 0 FIRE DWAGE(MTcmbe) t 100 000 A X Com%iERCULL.GENERALLIABam CPP1250521 05/OS/01 05/05/02 .]aAJMSMADE ❑X OCCUR L0E0EXP{Arty,—person) $ 10 000 POtSOPM A AOV INJURY $ i 0 0 0 0 0 0 GENERAL AGGREGATE S 2 Q00 000 GEN'LAGGREGATE LNAITAPPLIES Kit PRODUCTS -COMPIOPAGG S1,000,000 POLICY 'E� LOC AIftaAAOBtLE LIABILITY %NY AU`T0 LNNrT = BODILY N.IURY (PN` Pe" : ALL OWNED AUTOS SCHEDULED AUTOS BODILY NJIIRY Tw A HIRED AUTOS NOf4 3 M+ED AUTOS PRBPERTYOAMAGE f NiA>ZAGEUABILfTY AUTO ONLY -EAACCrOENT I+JNY OTHER THAN EA ACC S AUTO S AUTO ONLY. AGG EXCE!3LaBtLm EACH OCCURRENCE $ 1,000 000 A X CcCuR p-AIMSIVAtI CU$0204287 05/25/01 05/25/02 AGGREGATE S11000,000 s S CEDUCTIBLE S RETENTM % WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AVP%'fJVF-D AS TO FOIiM: TORY 11MRS ER ELEACI4AOCDEUr S CAIL HUTTON, Clty Att may EL DISEASE. EAEMPL c �1 M'DUt" City Attor. By ELL DISEASE • POLICY LWT S OTHEi DESCRIPTICF4 OF OPERATION&fLOCAT10-4SIVEHICLE&EXGLUSIONS ADDED BY EHDORSEMEHTISPECIAL PROVISIONS Certificate Holder is named as additional insured. 10 Day notice of can :ellation may *pply for non-payment of premium. CERTIFICATE HOLDER 7( ADOMONAL NiSURED:INSURER LETTER: CANCELLATION HUNTING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF HUNTINGTON BEACH, DATE YHDMW.THE ISSUINO INSURER VnLL=MMOMXAIL -&� DAYS"" ITS OFFI am , AGENT t NOTICE TO THE CERTWICATE MOLDER NAMED TO THE LEFT, MT-1-0 EMPLOYEES 2000 MAIN ST HUNTINGTON BEACH CA 92648 POLICY NUMBER: CPPI250521 COIvWERCIAL GENERAL LIABILITY: THIS ENDORSEI�4ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTOR (FORM B) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective 5/5101 to 5/5/02 LNED INSURED E & M Constructors, Co. GENERAL ACCIDENT INSURANCE NAME OF PERSON OR ORGANIZATION: City of Huntington Beach, its officers, agents and employees (If no entry appears above, information required to complete this endorsement will be sho"m in the declarations as applicable to this endorsement) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization sho«m in the schedule, but only Aith respect to liability arising out of your ongoing operations performed for that insured. CG 2010 10 93 Copyright, Insurance Senices Office, Inc..1992 + t 1 MMRK Cr THE St'F ick C VTY G11 F CRAM-Z CCLIM SL70.:0R ax c PRGBA= CC= CFERA "IrrMS 342 THE C2:'SC CRIME P.Q.BOX 14171 Ft JR N r..x FEE ORANGE • CA 92613•-L571 CL RK Qt THE SUPlikICR COURT ' 1 � . r? ia�!• •.. ��- y « Y'i ••'10141 ar s' •• ••N•• .r wa •- 1.1• i � /�• •- ., f:. bV .• MY: .' •..► • Y:• •+• '.I iJ. r :i ..i a. � t' •." a In t:<✓� 7• - .! :iJ• J••� • Y • :+ . Ia ra j— I•Y• i•1 l • r:.f �' :• 41 . rJ' M' y:l y • . • POLICYHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JULY 6, 2001 GROUP: 000229 POLICY NUMBER: 19992-2001 CERTIFICATE ID: 44 CERTIFICATE EXPIRES: 01-01-2002 01-01-2001/01-01-2002 CITY OF HUNTINGTON BEACH DEPT OF BUILDING & SAFETY RISK MANAGEMENT DIVISION 2000 MAIN STREET JOB: RIGHT TURN POCKET HUNTINGON BEACH CA 92648 AT PACIFIC COAST HWY AT GOLDEN WEST STREET CASH CONTRACT # 1138 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissionerto the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2001 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER PADILLA, RITO DBA: E & M CONSTRUCTORS CO. PO BOX 922306 SYLMAR CA 91392 SCIF 10265 [EPF-Ul: AA T=_ INSCO INSURANCE SERVICES, INC. tnsr-%1C(3 Underwriting Manager for. lei J� llr� Developers Surety and Indemnity Company Indemnity Company of Califomia 17780 Filch, Suite 200 • Irvine, Cah:omia 92614 • (949) 263.3300 BID BOND BOND NO. Bid KNOW ALL MEN BY THESE PRESENTS. That we, E & M Constructors Co. as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of CA as Surety, are held and firmly bound unto City of Huntinglon Beach (hereinafter called the Obligee) in the full and just sum of Ten Percent of Bid Dollars, ($10% of Bid ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, joint'y and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Pacific Coast Higfhway Improvements from Golden Wes: Street to 22nd Street Cash Contract No. CC1138 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Seated this 25th day of May , 2001 rEM Ir & Ll Constructors Co. Developers Surety and Indemnity Company Surety By: Principal M1legan B. Gai Anorne -Fact ID-119818id Bond] (REV. J101) CL:LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On 5-25-01 before me, Tim McClain, Notary Public Date Name and Tme of Otaoer Is g., *Jaw We. Notary PLOW) personally appeared Megan B. Gaines N- oisl of S"gsl 11personally known to to be the person(s) whose names'are subscribed to within instrument and acknowI dged to me that he , executed the same in ' , e 1#:ieir authorized capacity(X, and that by a their signatureA on the instrument the person(; TY 110i__7 or t e entity upon behalf of which the persog1.4) acted, executed the instrument. � - T �M.r r 1 rr. r ..Ir• - ,% _s.�:•�.%�-- ` WITNESS my hand and official seal. .. ' •-ram•.-�-�+c_ ^r`'�.'-st.� ' / t Svwtura of Notary Pubw -- OPTIONAL Though Me information below is not required by law, It may prove valuable to persons relying on the document and could prevent Imudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 5-29-01 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ General ® Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of ttwrnb here Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: a ■ ■ ■ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: 01984 NabwW Notary Asaodetron • W6 R rtrnvt Ave., P.O. Boa 7184. Canoga Park. CA 91309-71fst Prod. No. 5907 Rs~. Cat 1o4Frre 140 fi76-68Z7 PONVER OFATTORNEI' FOR DEVELOPERS SURETYAND INDEIIINITY COMPANY INDENINITI' COMPANY OF CALIFORNIA PO BOX 19723, IRVINE. CA 92623 a (949) 263-33(N) KNOW ALL MEN BY THESE PRESENTS, that except as cxpres,ly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each severally. but not jointly, hereby snake. constitute and appoint- ""*MICHAEL CRESSWELL, MEGAN B. GAINES, JOINTLY OR SEVERALLY" as the trt: and lawful Anorncy(s)-in-Fact, to make, execute, dcli%cr and acknowledge, for and on behalf of said corporations w surctics, bondk undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fan full power and authcrity to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but re.:.-ming to each of sa d corporations full power of substitution and revocation. and all of the acts of said Attomcy's)•in-Fact. pursuant to tlusc presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authorin• of the following resolutions adopted by the rcspcctivc Board of Directors of DEVELC-PERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFOPNIA, effective asof Novcmbcr 1.2000: RESOL': ED, that the Chairman of the (Board, the President and am \ ice President of the corporation bc. and that each of them hcrcby is. authorized to execute Powers of Attorney qualifying the attorncy(s) named in the Powers ofAnorne% to execute, on behalf of the corporations, bond,. undertaking- and contract.-. of suretyship: and that the Secretaq or any ASsiStant Secretary of the corporations be, and each of them hereby is. authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER. that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power ofAuorncv or ccrti fieate bearing such facsimile signatures shall be valid and binding upon the corporation wh:n so affixed and in the future with respect to any bond. undcrtak ng or contract of suretyship to which it is attached. IN WiTINESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY CO\IPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this P day of November. 2000. By: Da\id H. Rhodes, Executive Vice President PAS � D h%% GOrAPANY54 O� yJ OQA 0;.�yE ,�a pORp0�4r SEAL YA OCT.5 o �. 0= 936 p i o 1967 By: � fi= Z P S Waltr-A. Crowell, Secretary is;'th0O 10%NPy,. �' 04GIFOP STATE (IF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8. 2000. before me. Diane J. Kaw•ata, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to b: the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacitic;, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNE':S my hand and official seal. SignatuL AO-( rc� CERTIFICATE _ twuaE J. tNw►,TA COMM0116 M a f�ut+rt�ust>G-C1,:a.71.�cA Of &NGE 00ur+rr VI Cortm FM JKL 4 Z7R I The und--signed, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hcrcby ccnify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolutions of the respccti%,c Boards of Directors of said corporations set forth ir. the Power ofAnorney, arc in force as of the date of this Ccnifica:c. This Cerificate is executed in the City of Irvine, California, the 25 day of May 2001 By (a �e—= David G. Lane, Chief Operating Officer ID- 13801111001 VNIF INSCO INSURANCE SERVICES, INC. i 15C��Ct] Underwriting tuansgerfon a o Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 2D0 *Irvine. Calitorria 92614 a (949) 263-3300 PERFORMANCE BOND — PUBLIC WORK Bond No. 830862P $ 3,440.00 premium is for contract term and Is subject to adjustment based on final Contract Price. KNOW ALL MEN BY THESE PRESENTS: That we, E 8 M Constructors Co. As Principal, and Deve�opem Surety and Indemnity Company -,a corporation duly authorized under the laws of the Sta to of Iowa to become surety on bonds and undertakings, as Surety, are held and firmly bound unto City of Huntington Beach As Obligee in the full and just sum of Ons Hundred Sixty Two Thousand Six Hundred Thirty Five and 501100 Doi ars, ($162.635.50 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas the above bounden Principal has entered into a contract, dated June 25 2001 with the Obligee to do and perform the following work. to -wit: YEAR Rig -it Turn Pocket at Pat:stiic Coast triigrway and Galdenwest Street APP707ED AS TO F'OPX:' r 1Jt;TO21,• City Attorney Cat h Contract 1138 Lw"t City Attorn, y as is more specifically set forth in said contract, to which contract reference is hereby made; Now therefore, it the said Principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 91h day cf July 9 2001 YEARE & M Constructors Co. Developers Surety and Indemnity Company Principal By L _aax_-V� Megan B. G nes A:tomey-in-Fact ID- 121- (CA) (REV. 2'01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ventura On 7-9-01' Dar beforeme,Tim McClain, Notary Public Nanw and Tut d Oftw [a.p..'Jana Doe. Hda7 PdAci personally appeared Megan B. Gaines , wma[q d 13 personally known to c& "eKw to be the person(s) whose namep(9(a;a subscribed to_tbq within instrument and acknoW10ged to me that hey executed the same In N e heir authorized capacity�,and that by } irl(�) e their signatureX on the Instrument the personK r CLAAJ.4 or the entity upon behalf of which the persoacted, • �" trc.: rat f �a '•wi,�1 executed the Instrument. COS!.= WITNESS my h nd and official seal. S"tuM of Notary PuW OPTIONAL Though the lnfomm.lon below is not required by law, It may prove va.'uable to persons reVng 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: Bond Document Date: 7-9-01 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer T[tle(s): ❑ Partner —❑ Limited ❑ General ® Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: revelopers Surety and Indemnity Company FU(!W TWJ13PPJHT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer T[tle(s): ❑ Partner—❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee D Guardian or Conservator In Other_ Signer Is Representing: kyp at VVMb we 40 104 Wand No" Maoc4bw • U36 Rammat Ave.. P.O. fox 7164.O+no9a Palk CA I IM9.7194 Prod No. 590 RWrdor Cad TOFFM 1OOad7F6D[i TD R INSCO INSURANCE SERVICES, INC. �IC0 Underwriting itch uger for o d Developers Surely and indemnity Company Indemnity Company of California 17780 Fitch. Suite 200 • Irvine, Calgomla 92614 • (949) 263-3300 PAYMENT BOND — PUBLIC WORK Bond No. 830862P Premium included In Performance bond K14OW ALL MEN BY THESE PRESENTS, That E & &I Constructors Co. as Principal, ar.d Developers Sure and Indemnity Com an , a corporation authorized to transact a general surety business in the Slate of California, as Surety, are held and firmly bound unto City of Huntington Beach , as Obligee in the sum of Ora Hundred Sixty Two Thousand Six Hundred Thirty Five and 501100 I]Clars ($162,635.50 ) for the payment A -hereof, In lawful money of the United Stales, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. Tha Condition of the foregoing obligation is such that: whereas, the above bounden Principal has entered into a contract, dated June 25 , 2001 , with the obligee to do the following work, to wit: mitre Ritsht Yuen Pocket at Pacific Coast Highway and Gotdenwest Street APPROVED AS TO FORM-, Cash Contract 1138 CAIL HUTTON, City Attorney By• Mty City Attorney Now. therefore, if the above bounded Principal, contractor, person, company or corporation, or his or its sub -contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the Surety on this bond will pay the sarie. in an amount not exceeding the aggregate sum specified in this bond, and also, In case suit Is brought upon this bond, a reasonable attorney's fee, which shalt be awarded by the court to the prevailing party in said suit, and attorney's fee; to be taxed as costs in said suit. This bond shall Inure to the benefit of any person named In Section 3181 of the Civil Cede of the State of California so as to c 've a right of action to them or their assigns in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the Stale of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 91h day of July , 2001 YEAR E & M Constructors Co. , "'/. & & Developers Surety and Indemnity Company Pnnap — Surety By, Megan B. Gaines Attorney -in -Fact 1042.0ICA) (REV. 1101) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof Ventura On 7-9-01 beforeme,Tim McClain, Notary Public oars Name and flw of OM1cer (e.g., Jw Ow. Notary FVAO personally appeared Megan B. Gaines Narnalaj a`'s.pn.rla� X1 personally known to me to be the person(s) whose namep©'arQ subscribed to within instrument. and acknowledged to me that he� executed the same int�e their authorized capacity. and that by Tim MCCf1UN �ie�their signature on the instrument the persono5z or Me entity upon behalf of which the persory4 acted, is _ Kc'�yPu�c�-Cc�"'ar�.a executed the instrument. Li rA'" WITNESS my han and official seal. Stratus ar Noury Pum OPTIONAL Though the Information below is not required by law. M may prove valuable 10persons 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: Bond Document Date: 7-9-01 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner -- ❑ Limited ❑ General * Attomey-inTact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Top Of thumb here Signer is Representing: Developers Surety and Indemnity Company Signer's Name: ■ ■ ■ ■ ■ ■ Individual Corporate Officer Title(s): Partner -- ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other. Signer Is Representing: Top of ltwrm we 0 1ON N WorW Wary At fomuon • 8236 Aanmrat Ave., P.Q. Box 7104 • Canoga Para, CA 913W7184 Prod. No. 5907 peorder. Cae To1FFrea 14W-976-GM POWER OFATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFOWNIA PO BOX 19725. IRVfNE, CA 9:623 • (939) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDESINITY COMPANY OF CALIFORNIA. do each severally, but not jointly, hereby make, constitute and appoint: ***MICHAEL CRESSWELL, MEGAN B. GAINES, JOINTLY OR SEVERALLY... as the tru. and lawful Anorncy(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Anomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and ill of the acts of said Attorncy(s 1-in-Fact, pursuant to these presents, arc hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DE VELOPERS SURETYAND INDEMNITY COMPANY and iNDENINITY COMPANY OF CALIFORNIA, effective as of November 1. 2000: RESOLVED, that the Chairman of the Board, the President and any %ice President of the corporrtion bc, and that each of them hereby is, authorized to cxccusc Powers of Attorney, qualifying the attomcy(s) named in the Powers of Attorncy to execute. on behalf of the corporations, bonds, undertakings and contracts of suretyship. and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to onest the execution of any such Power ofAttomcy: RESOLV E.D. FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertakin„ or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDI S11TY COtilPANY OF CALIFORNIA have wwrally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 81" day of No+ember, MO. . David I L Rhodes, Executive Vice President �P�tY AND �0�"k. VL SEA � 1936 �►` a By Walter A. Crowell, Secretary ��O �j. A STATE OF CALIFORNIA } )SS. COUNTY CF ORANGE ) GOOPAfNYO� ,ta GOFPOUJ gq� OCT.5 � p p 1967 C rFOR�P On Novem. cr 8, 2000. before me. Diane J. Kswata, personally appeared David H. Rhodes and Waltcr A. Crowell, personally known to me (or proved to me on the basis of satisfactory cridcnce) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they execued the same in their authorized capacities, and that by their signarures on the instrument the artily upon behalforw hick the persons acted, executed the instrument. WITNESS -ny hand and official scat. I OtHNE1KAWATA GOMM. 011a7p2a �'2Ul•41•Ful3!.rC-Gk' a17RtiA 10 Signature _ L r ORMVGE OOtMW I i YGars+►Ly—hiIkem- I CERTIFICATE The undcrs _reed, as Chief Operating Officer of DEVELOPERS SURETY AND iNDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the forcaoing Power orAttorncy remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions or the mspcctitie Boards of Directors of said corporations set forth in the Power of Attomcy. arc in force as of the date of this Certificate. This Ccrtifikau: is executed in the Ck} of Irvine. Calift mia, the 9 day of July 2001 mil• liv _ David G. Lane. Chief Operating Officer ID-1380(ii-1:0) <V — Iz- Voris* CITY OF HUNTINGTON BEACH o% -- re,t,a.wb afw MEETING DATE: June 18, 2001 DEPARTMENT ID BER: PW 01-074 Council/Agency Meeting Held: A-W 01 Deferred/Continued to: ` A proved O Conditionaly pproved ❑ Den' DO" ' Cler gnature Council Meeting Date: June 18, 2001 Department ID Num er: PW 01-074 CITY OF HUNTINGTON BEACE REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: RAY SILVER, City AdministratorQ/y PREPARED BY: ROBERT F. BEARDSLEY, Director of Public SUBJECT: AWARD THE CONSTRUCTION CONTRACT COAST HIGHWAY RIGHT TURN POCKET t CTDCCT DDr% ICr`T rY`_4 4120 `n >nEsin -< Statement of Issue, Funding Source, Recommended Action, Alternative Actions), Analysis, Environmental Statys, Attfibment(s) Statement of Issue: Bid proposals have been received for the Pack Coast Highway Right Turn Pocket at Goldenwest Street Project, CC-1138. Should the City Council authorize the award of the construction contract to E&M Constructors, Inc., the lowest responsive/responsible bidder? Funding Source: Funds in the amount of $120, 000 are budgeted in Traffic Impact Fund, PCH Widening @ Goldenwest, Account No. 20690011.82300. The balance of $65,300 will Le appropriated from the Traffic Impact Fee fund balance. Recommended Action: Motion to: 1. Accept the bid from E&M Constructors Co., the lowest responsivelresponsible bidder for the construction of the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project, CC-1138. 2. Approve and authorize the Mayor and the City Clerk to execute the construction contract between the City of Huntington Beach and E&M Constructors Co. in the amount of $ 162,635.50 for the construction of the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project, CC-1138; and, 3. Authorize the Finance Director to appropriate $65,300 from the Traffic Impact Fee fund balance into Account No. 20690011.82300 ; and, 01-074 June 18 Broussard (PCH Award) -2- WIN 4:10 7 V REQUEST FOR ACTION MEETING DATE: June 18, 2001 DEPARTMENT ID NUMBER: PW 01-074 4. Authorize the Director of Public Works to expend up to $185,300, which includes the contract cost of $162,635.50, estimated contingency of $16,300.50, and $6,364 in supplemental expenditures. Alternative Action(s): Reject the bid from E&M Constructors and direct staff on how to proceed with the project. Analysis: Based upon the City's traffic analysis and the improvements to the properties located on the east side of Pacific Coast Highway between 22" Street and Goldenwest Street, the City proposes to construct a right turn pocket at this location to improve the traffic flow. As part of the recent development entitlements for the aforementioned properties, the developer dedicated the required right-of-way and provided cash bonds for his share of the improvements. As this improvement project is on the approved Traffic Impact improvement list, the balance of the funds to construct the new right turn pocket will come from the Traffic Impact Fee account. On December 18, 2000, the City Council authorized the Director of Public Works to advertise for bids and approved the Sample Contract as to form, for the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project, CC-1138. Due to delays incurred in receiving final approval from Caltrans and unsuccessful negotiations with the State's contractor currently performing work on Pacific Coast Highway at that time, plans and specifications were not released for bids until May 10, 2001. On May 29, 2001, E&M Constructors, Co. provided the lowest responsive/responsible bid for this project. Staff has checked E&M Constructors' references and recommends approval of their bid. Public Works Commission Review: On November 15, 2000, the Public Works Commission, by a vote of 6-0-1, approved the staff recommendation to request that City Council authorize the Director of Public Works to request bids for the Pacific Coast Highway Right Turn Pocket Project, CC-1138. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): 01-074 June 18 Broussard (PCH Award) -3- 617101 4:10 PM (18) June 18, 2001 - Council/Agency Agenda - Page 18 E-16. (City Council) Award Bid to E & M Constructors Co. for the Construction Contract for the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Protect, CC-1138 (600.50) —1. Accept the bid from E & M Constructors Co. the lowest responsive/ responsible bidder for the construction of the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project, CC-1138; and 2. Approve and authorize the Mayor and the City Clerk to execute the construction contract between the City of Huntington Beach and E & M Constructors Co. in the amount of $162.635.50 for the construction of the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project, CC-1138; and 3. Authorize the Finance Director to appropriate $65,300 from the Traffic Impact Fee fund balance into Account No. 20690011.82300; and 4. Authorize the Director of Public Works to expend up to $185,000, which includes the contract cost of $162,635.50, estimated contingency of $16,300.50, and $6,364 in supplemental expenditures. Submitted by the Public Works Director. Funding Source: $120,000 Traffic Impact Fund, PCH Widening at Goldenwest Account The balance of $65,3000 will be appropriated from the Traffic Impact Fee fund balance. [and Request Caltrans to restripe and longer left -turn pocket at WarnerAvenue and Pacific Coast Highway] [Approved 6-0-1 (Dettloff absent)] E-17. (City Council) Approve the Purchase of Two Replacement Fire Department Ambulances — Approve Appropriation of Funds (320.10) —1. Approve the purchase of two (2) replacement ambulances; and 2. Approve an appropriation of $265,000 from the FireMed Fund balance (50265403) to the equipment replacement fund (55340102). Submitted, by the Fire Chief/Information Systems Director. Funding Source: Unappropriated FireMed Fund balance (50265402) in the amount of $265,000. [Approved 6-0-1 (Dettloff absent)] E-18. (City —Council Adopt Resolution No. 2001-37 — Adopting Ca ital Ire rovement Programs for the Years 2001102 Through 2007/08 for Compliance with Measure M and Proposition 111 Reguirements �(320.40) —Adopt Resolution No. 2001-37 — "A Resolution of the City Council of the City of Huntington Beach Adopting Capital Improvement Programs for the Years 2001102 Through 2007108 for Compliance with Measure M and Proposition 111 Requirements. Submitted by the Public Works Director. Funding Source: No funding necessary for this action. Measure M entitlement revenue is approximately $1.5 million annually. (Exhibit OX to Resolution No. 2001-37 listing Measure M Eligibility Projects included.) [Adopted 6-0-1 (Dettloff absent)] ATTACHMENT #1 PACIFIC 1p. 0o VE. AVE. 2 N AVE. 405 AVE. w ERT AVE. ELIJS AVE. yq. GARFlELD AVE. VI YI N dy roReTovm AVE. 3 NOT TO SCALE OCEAN LOCATION MAP CITY OF HUNTINGTON BEACH 'l LocationMap.dwg km 0 o DEPARTMENT OF PUBLIC WORKS ATTACHMENT #2 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL. COMMUNICA TION To: Ray Silver, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2001-48 Award the Construction Contract for the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project CC 1138 Date: June 6, 2001 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Award the Construction Contract for the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project CC 1138." If the City Council approves this request (total appropriation $65,300), the estimated unreserved fund balance of the Traffic Impact Fee Fund at September 30, 2001 will be reduced to $1,183,000. Clay Win, Director of Administrative Services RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: AWARD THE CONSTRUCTION CONTRACT FOR THE PACIFIC COAST HIGHWAY RIGHT TURN POCKET AT GOLDENWEST STREET PROJECT, CC-1138 COUNCIL MEETING DATE: June 18, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & le islative draft if applicable) Not Applicable Resolution wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. A roved as to form by-qLtZ Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds If applicable) Not Applicable Staff Report (1f applicable) Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator initial Ci Administrator (initial) City Clerk-_ r- f EXPLANATION FOR RETURN OF ITEM: RCA Author: T.Broussard:jm l RLS No. CITY OF HUNTINGTON BEACH a vy!-D•� REQUEST FOR LEGAL SERVICES Assn To Gail Hutton, City Attorney Date Date: Request made by: Telephone: Department: 7131101 David Verone $471 public Works INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Rwsolution ❑ Lease ® Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ® insurance •❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes [] No If not for Council action, Unless otherwise specified herein, I consent to the disclosure of the If for City Council action, desired completion date: kforrnation contain d In this RLS to all in e bers of $I Council. Agenda Deadline Council Meeting 7731101 Sign ture of Department Head COMMENTS: Routing: Please review and approve'As to Form' the following contract documents furnished by E & M Construction GCH ❑ Company contractor for the Right Turn Pocket on Pacific Coast Highway at Golden West Street; PDA ❑ Project CC 1138 ❑ 1. Payment Bond # 830862P SL ❑ 2. Performance Bond # 830862P s� En """ ❑ 3. Certificate of Insurance _ '' M� , —` ❑ 4. Certificate of Fact 1-'4r-r N SF ❑ 5. Agreement - for signature only( with attachment A) m JM El REFERENCE R.L.S. # 2001-0412 ❑ Q This Request for Legal Services has been assigned to attorney , extension His/her secretary is , extension Notes: File Name: Date Completed: WP No.: 0 Shaded areas for City Attorney's Office use only. PROOF OF PUBLICATION STATE OF CALIFORNIA) .. ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON- BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, ' County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: May 10, 2001 May 17, 2001 May 24, 2001 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 24 . 2001 at Costa Mesa, California. i / Signature NOTICE INVITING SEALED BIDS for the PACIFIC COAST HIGHWAY IMPROVEMENTS CASH CONTRACT No. CC 1136 _ in the . CITY of HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNT- INGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive j 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, MAY 29, 2000. Bids wijl be pub- licly 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 $15.00 non-refundable fee if picked up, or payment of a $25.00 non-refundable feed mailed: Any contract entered into pursuant to this no- tice will • incorporate the provisions of the State Labor Code. Pursuant to the provisions of the La- bor 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 de- termined by the Director; of Industrial Relations of tractors will be required the State of California, • to possess business which are on file at the licenses from the Office of the Director of AGENCY. Public Works, 2000 The AGENCY re - Main Street, Huntington serves the right to reject Beach, CA 92648. any or all bids,.to waive The AGENCY will de- any irregularity and to duct a 10% retention take all bids under from all progress pay- advisement for a nments. The Contractor maximum period of 60 may substitute an da s. escrow holder surety of . t3Y ORDER of the equal value to the reten- CITY COUNCIL of the tion in accordance with CITY OF HUNTINGTON the provisions of the Cal- BEACH, CALIFORNIA, ifornia Governmentme 18th day of Decem- Code, Section 4590.1 bar, 2000. The Contractor shall be Attest: beneficial owner of the Connie Brockway surety and shall receive CITY CLERK OF THE any interest thereon. CITY OF HUNTINGTON The AGENCY hereby BEACH affirmatively • ensures Published Huntington that minority : business Beach -Fountain Valley enterprises will be af- Independent May 10, forded .full opportunity. to 17 24, 2001 submit bids in response 052-807 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 con- sidered unless it is prepared on the ap- proved Proposal forms in conformance with the Instructions to Bidders. The bid must be ac- companied by a certified check, cashier's check, or bidders 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 provisions of the Busk' ness and Professions Code and shall possess a State Contractor's' License Class A at the time of the bid opening. ; The successful Contrao- , for and his subcon- i COPIES TO: Front Desk Engineer City Clerk PACIFIC COAST HIGHWAY IMPROVEMENTS Golden West Street to 22nd BID DATE: MAY 29, 2001@ 2 pm (Engineer's Estimate: $144,681.0,0) BID LIST U -- 113g BIDDER'S NAME RANK TOTAL BID AMOUNT 1. All American Asphalt $ + c r �! 0 5o, J 0 2. Baxter -Griffin Company, Inc. 3. Dynalectric 4. Eiser Constructors, Inc. 5. E & M Constructors W bl Q� rr_ q 636.5o $ I [0 j 6. Excel Paving Company $ D S �. 00 7. F. J. Johnson, Inc. 8. L. A. Signal, Inc. 9. L.S.I.W., Inc. 10. Moore Electric I 11. Nobest, Inc. $' 7 O l 010,00 12. Savals Construction Company n $ 631. �jql 0 13. Sequel Contractors V 14. SRD Engineering, Inc. GIBID LIST RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH, CA 2M MAY 2q P 1= 5q c cr {3 Cl • � V-+t C � OO :Z d bZ 11VX MZ V3'H3V38 N010NIINnN Jo A113 MA13339 fa�cj S-7-ol SECTION A r1lislt j s- l,_,, s-n-o% NOTICE INVITING SEALED BIDS s.-jy-a for the PACIFIC COAST HIGHWAY INIPROVENIENTS CAST] CON"IRACT No. CC 1138 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 project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM or. TUESDAY, MAY 29, 2001. Bids will be publicly opened 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 $15.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed. 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 arc on file at the Office of the Director of Public Works, 2000 Main Street, Huntington I Bach, 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. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount not less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 1 Sth day of December 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 MMJ e O CITY OF HUNTINGTON 2000 Main Street P.O. Box 190 Huntington Beach, CA LETTER OF TRANSMITTAL Attention: Connie Brockway To: Cily Clerk's Office 2000 Alain S!reef Hunfinaton Eeach. CA 92648 BEAC# z � 92648 coax — D A ,, r, n xc Fax (71407n1573 Date: Vay 7.2001 ProjectlC.C. No.: C.C. No. 1138 Regarding: PCH 8 Goldenwest St We are sending you: ❑ By Mail ❑ By Fax Mall(Numberof pages Including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under separate cover via the following Items: Shop drawings Prints Plans 11 Samples El Specifications El Copy of letter Change Order ® Other. Notice lrtviting Seated Bias Item # j Copies Pa 9s Description 1 1 2 Notice Inviting Seated Bids 2 3 4 5 These are transmitted as checked below: For approval ❑ Approved as submitted Resubmit copies for approval ® For your use Approved as noted ❑ Submlt copies for distribution ® Foryourection Returned for corrections ❑ Retur corrected prints For revlewlcornment ❑ Other: Remarks: On December 18, 2000, the City Council authorized the advertisement of the Pacific Coast Iligh,-vay Improvement Project at Goldenwest Street, CC1138. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for 5110, 5/17 and 5/24 with a bid opening on 5/29. Please contact me at extension 5247 with any questions you may have. cc: By: ) I Q� ��� M.'fodd Broussard, PE, Assoclate Civil Engineer G.\COKSTRUCTroK CONTRACTS (CCsRCC 1138 \T01050TCLZRK.DGC � I. F-(-VJA 1b, 0 Council/Agency Meeting Held: 03 Deferred/Continued to: V A roved ❑ Conditionally Approved ❑ Denied W. tfty C16V Signature Council Meeting Date: December 18, 2000 Department ID Number. PW 00-117 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION r� - =; SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Adminlstratorf i -.J i PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works c) SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE PACIFIC COAST - > HIGHWAY RIGHT TURN POCKET AT GOLDENWEST STREET PROJECT, CC-1138 Statement of Issue, Funding Source, Recommended Actlon, Alternative Actlon(s), Analysis, Environmental Stags, Attachment(s) Statement of Issue: Should the City Council authorize the Director of Public Works to request bids for the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project, CC-1138? Funding Source: Project is being funded from Traffic Impact and Developer's fees, Account No. 21390006.69365, in the amount of $185,300. Engineer's cost estimate is $100,415. Recommended Action: Motion to: 1. Approve the project plans and specifications and authorize the Director of Public Works to request bids for, the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project, CC-1138. 2. Approve the attached Sample Contract subject to award of the contract to the lowest responsivelresponsible bidder. Alternative Action(s): Forego approval at this time and direct staff on how to proceed with the project. This action could result in the forfeiture of Developer's fees in the amount of $26,200. REQUEST FOR ACTION MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: PW 00-117 Analysis: Based upon the City's traffic analysis and the improvements to the properties located on the east side of Pacific Coast Highway between 22", Street and Goldenwest Street, the City proposes to construct a right turn pocket at this location to improve the traffic flow. As part of the recent development entitlements for the aforementioned properties, the developer dedicated the required Right of Way and provided cash bonds for his share of the improvements. As this improvement project is on the approved Traffic Impact improvement list, the balance of the funds to construct the new right turn pocket will come from the Traffic Impact Fee account. Public Works staff has prepared Contract Documents and Specifications for this project and now requires permission to advertise for bid. Public Works Commission Review: On November 15, 2000, the Public Works Commission, by a vote of 6-0-1, approved the staff recommendation to request that City Council authorize the Director of Public Works to request bids for the Pacific Coast Highway Right Turn Pocket at Goldenwest Street Project, CC-1138. Environmental Status: This project is categorically exempt pursuant to Class 1, Section 15301 of CEQA. Attachment(s): RCA Author. T. Broussard:jm x5247 00-117 dec 18 Broussard.doc -2- 121011001:36 PM ATTACHMENT #1 VAC3nC A� OCEAN LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 4' NOT TO SCALE LoCQtionMap.dwC ATTACHMENT #2 SAMPLE CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND . FOR PACIFIC COAST HIGHWAY IMPROVEMENTS - FROM GOLDEN WEST STREET TO 22ND STREET (NOTE.- The contract documents and statement of work must be approved by the City Attorney prior to incorporation into his agreement) THIS AGREEMENT, made and entered into this day of 2000, by and between the City of Huntington Beach, a municipal corporation of the State of Califomia, hereinafter referred to as "CITY; and , a California , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT." more fully described as Pacific Coast Highway Improvements - from Golden West Street to 22" d Street, 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 furnish, at its own 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 assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description 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 bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner J-npWagree/fomn/con-sam/9113= 1 SAAIPLE shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 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 hereinafter defined), 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 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 said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California impmagreenowvcon-sam191mmo 2 SAMPLE 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 (attached hereto as Exhibit "A" ); 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 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"). without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ _ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion jmpAJagreelfomVcon-sam19113100 3 SAMPLE vAthin ( j consecutive from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for In this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, In general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, fumish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in uniting by the DPW. jmp/k/agree/form/con-sam/9/13/00 4 SAMPLE When directed to change the work, CONTRACTOR shall submit Immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. - BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, fumish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or imp/Vagreettormrcon-sam/9/13; 00 5 SAMPLE structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its 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. 11. LIQUIDATED DAMAGESIDELAYS 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 mould 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 Dollars ($ 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 losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. ImpWagree/form/con-sam/9113M 6 SAMPLE CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the 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 waiting for materials required by this Agreement to be furnished to 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 nowise 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 the 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 material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. jmpWagreeMomVcon-sam&13100 7 SAMPLE 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The 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; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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 lmp'1cla�reelSamlcati-samd9113100 8 SAMPLE 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, 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 the 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 int. 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 expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit imp/VagreeMomvcon-saffM1=0 9 SAMPLE 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 the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and emptoyees against any and all liability, claims, judgments, costs and demands, 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 necligent act or omission of the CONTRACTOR, and 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 CITY. CONTRACTOR will conduct all defense at its sole cost and expense. lmplWagreelfomV0on-Saml911 nO 10 SAMPLE 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that It will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall fumish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE .In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting Within the scope of their dut;es, against any and all claims of arising out of 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 $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 $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 1,npWagree.7omVcon-sam,'9/13= 1 t SAMPLE applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's Insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar --type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all Insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. ImpWagreeltonWcon-sam/9/13/00 12 SAMPLE 22. DEFAULT AND TERMINATION if CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a 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 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. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 24. NON -ASSIGNABILITY 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. 25. 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 Ca.'ifomia Govemmenf Code sections 1090 et �'12 jmpNagree/fomVcon-saffM13/00 13 SAMPLE 26. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said 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, 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. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS .Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. 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 Im,vWagreetfo mlcon-sam/S113/00 14 SAMPLE 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_ 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. 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 Sy. print name ITS: (circle one) Chairman/President/Vice President AND 13y- print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM. = ityityAttomey C '' INITIATED AND APPROVED: Director of Public Works ImpWagreertomVcon-sanW13/OQ 15 SAIIIPLE RCA ROUTING SHEET INITIATING DEPARTMENT: I Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE PACIFIC COAST HIGHWAY RIGHT TURN POCKET AT GOLENDWEST STREET PROJECT, CC-1138 1 COUNCIL MEETING DATE: �_ December 18, 2000 1 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Aftomey) Not Applicable Certificates of Insurance (Approved by the CityAttomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORW RDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) { City Administrator (Initial) City Clerk { ) EXPLANATION FOR RETURN OF ITEM: &%ew p, p Sax 922308 gylme1r. CA 9j 392 rECEIVED CITY CLERK CITY OF HUHTINGTON LEACH. CA 2001 MY-29 P 1- 51 C. C o A -Sk k�i�,AL-Af �ttorn GDUen wea� s+-arc-c4 -b o�a no Lc>+aa+ CICS� C.or\{Y�.Ack too. CC (► 38 r SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY IMPROVEMENTS from GOLDEN WEST STREET TO 22ND STREET CASH CONTRACT No. CC 1138 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. :BIDDERS. Accompanying this proposal of bid, find BOND in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addendum Date Received Bidder's Signature No. ONE MAY C-2 SECTION C PROJECT BID SCHEDULE (Revised per Addendum 1) ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. , QUANTITY WORDS AMOUNT PACIFIC COAST HIGHWAY FROM GOLDEN WEST STREET TO 22ND STREET 1 1 L.S. Mobilization @ e'n0� �Zqr' Dollars 55f30- 55M' 1 to q1% Cents 2 1 i L.S. Traffic Control @ t.10 -'A\avSin Dollars Rom— alaoo ~- IDOA qM Cents I L.S. Unclassified Excavation @i�1' Dollars FOOD_ 5000 Cents 4 1 Miscellaneous Removals (A.C. Pavement, L.S. Sidewalk, Curb &, Gutter, Signs, Shrubs) 5000 — 51000 @ F `K LtLsi I d Dollars Cents 5 75 Curb and Gutter Type A2-200 per CalTrans Std M ' Plan Ail S t 3;p" a-1 oo -- I @ Dollars Cents 6 172 Construct 100mm Sidewalk per 11.11. Std Plan ' @ Dollars 11 � Cents 7 1 Curb Ramp Case C per CalTrans Std Plan A88 Each @ Dt1E 7;j�t0'& A Dollars Cents 8 96 Tonne Construct Asphalt Concrete Pavement @ DnP NA4gaMP,t Dollars Wo r- 9 (oCYD " Cents 9 160 Construct Aggregate Base Tonne @Dollars 3 Qom- q Qj00— Cents 10 2 Construct Type OS Drainage Inlet &: Gutter Each Depression per CalTrans Std Plan D72 & D78 YUA�W, -7 ODD @ fs -{ EWe_ _Dollars ! Cents 11 E 56.5 Construct 450mm RCP 2000-D with Concrete h1 nt Encase91'rL @ AV,_Aped Jig '4 Dollars I Five AO , 2 Cents C-Is ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UI11T PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 12 5.5 Constrict 750 mm PCP 1250-D with Concrete Ni Encasement -- koD— @ Dollars Cents 13 1 Construct Junction Structure Type D per H.B. Std Each Plan 313-- ., IMDa5g46 Dollars Cents 14 18 N1 Construc CMU etai ing Wall @ - Jn d. Dollars L 00 r -1 aol) - Cents 15 ; 6 Relocate or Reconstruct Water Service per H.B. Each Std Plan 602 �. �d0 q I p 00 --~ @ i Dollars Cents 16 ` 1 i Each Abandon or Remove Water Service C i�1rk� l�Uic�J�. 6 J DEB Dollars ! Cents 17 ; 2 a Each RelocateSign Dollars i Cents 18 3 Each Relocate Tree @ -w o 000SC14 Dollars pdp �p prp p_. f Cents 19 1 i Each Aband Storm rain Inlet Pipe C -i u►�'M Ou'-An<� Dollars �a�00 .� 0M - Cents 20 1 Install lire H drant per H.B. Std. Plan 607 Each CarDollars -lq l�k S h'E4Cents 5 •S"a S 1�+5'b 21 2 Instal Edison Owned Street Light MH = 9.14m, Each NIA - 1.gg33m, 200 tV HPS Ca. lW b bU✓ tnd Dollars a00b Ot)O — Cents ! 1 Traffc Signal iodificati 7-2 L.S. @ bU600rn Dollars N An�`� u 3 16 5 _Cents 23 1 Adjust Pull Box to,,qrad Each @ `RNvKdaJ6d. Dollars , GD ro - %SOD -- Cents Total Amount Bid in Figures: $ Total Amount Bid in Words: d 1 p�lSR 1-A c 'nr S C-2s I 0, fA/ SCALE: V-20' NEW NOTES 10 CONSTRUCT 48" HIGH (MAX) CMU BLOCK RETAINING WALL OADJUST PULL Box TO GRADE F311 REMOVE EXISTING BUSHES. 0 RELOCATE SIGN TO NORTH OF NEW SIDEWALK. GOLDEN WEST S BEET PCH @ Gofdenwest Street Addendum 1 Exhibit i ■ CC113e/.ea+ [. a-t.O■C 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 lq ii ttj3 = J b quo S fl aIDO yoRbq LI NJ 4 too JWbA U"A CA C0_19 3 Z33 Choocz-f- 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 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: E & M CONSTRUCTORS, CO. Bidder Name 14581 TYLER STREET Business Address SYLMAR, CA 91342 City, State Zip ( 818 ) 362-9811 Telephone Number 265371-A State Contractor's License No. and Class 1971 Original Date Issued 3/2002 Expiration Date The work site was inspected by EDDIE PADILLA of our office on 5 /25 ..2001. The following are persons, firms, and corporations having a principal interest in this proposal: ALFRED PADILLA (OWNER) C-9 05/24/2001 12:00 8188339332 E M CONSTRUCTORS CD PAGE 01 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ALFRED PADILLA , being fast duly sworn, deposes and says that he or she is OWNE13 _ Of _E_JLM CONSTRUCTORS ! COthc 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 ti:e bid is genuine and not collusive or share; 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 cot 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. E & M CONSTRUCTORS, CO. Name of Bidder Sig ure of Bidder 74 81 TYLER STREET SYLMAR, CA 91342 Address of Bidder ` 7X Subscribed and sworn to before me this Aq day of _ i'Yk .2001. ONA RIGU COMM_ /11"I ��� � ,; '� �.'�,.�� NOTARY PtAXC -CALFORW WS ANGaEs c"ty Cantu FAWW AMAT?1 7fY@ NOTARY PUBLIC^'"r'1 NOTARY SEAL C-4 r,, 6/0 NONCOLLUSION AFFIDAVIT TO, BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ALFRED PADILLA , being first duly sworn, deposes and says that he or she is OWN -PR of P. & M CONSTRUCTORS, COthe 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. E & M CONSTRUCTORS, CO. Name of Bidder Signature of Bidder 14581 TYLER STREET SYLMAR, CA 91342 Address of Bidder Subscribed and sworn to before me this day of , 2001. NOTARY PUBLIC NOTARY SEAL C-4 f%k 5/Z`i 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 PACIFIC COAST HIGHWAY IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: MAY 29, 2001 E & M CONSTRUCTORS, CO. Contractor OWNER 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 kkNo 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: MAY 29, 2001 E & M CONSTRUCTORS, CO. Contractor OWNER 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 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 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. E & M CONSTRUCTORS, CO. Company Name Signature of Bidder ALFRED PADILLA Printed or Typed Signature Subscribed and sworn to before me this _ day of , 2001. NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. CITY OF PALMDALE, 38250 N. SIERRA HWY, PALMDALE, CA 93550 Name and Address of Public Agency Nw a *X1 LeoP !!;wktN Name and Telephone No. of Project Manager: (6 61) 2 6 7 - 5 3 2 4 DAV ID WU $88,000.00 STREET IMPROVEMENTS 11/2000 Contract Amount Type of Work Date Completed 4111 N LAS VIRGENES ROAD 2. LAS VIRGENES UNIFIED SCHOOL DIST., CALABASAS, CA 91302 Name and Address of Public Agency Name and Telephone No. of Project Manager: (818) 878-5279 RODNEY HIPPENHAMME R 0a ,e Cawr> Ar.om-r Coat w, $167,000.00 PARKING LOT IMPS. Contract Amount Type of Work 1/2000 Date Completed 3. CITY OF LA MIRADA 15515 PHOEBE AVE., LA MIRADA, CA 90638 Name and Address of Public Agency Name and Telephone No. of Project Manager: (5 6 2) 9 4 3 - 01 31 GARY S I NUI $124,455.000 BLOCK WALL & SIDEWALK RECON. 1/2000 Contract Amount Type of Work Date Completed C-10 %4 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For PACIFIC COAST HIGHWAY IMPROVEMENTS CC-1138 May 10, 2001 Notice To All Bidders: Please ncte the following revision to the Project Plans, Specifications, and Technical Provisions: This addendum shall address construction to provide access from the recently constructed bus pad on Pacific Coast Highway, north of Goldenwest Street, The attached exhibit shall be used for bidding purposes. The attached Bid Sheet shall be used and has been modified to add new construction notes and revise quantity estimates. Final design wiil be approved by the City and Caltrans as Revision 2 to the Drawings. Also, Construction Note 24 shall be removed from the construction documents as the chain link fence referenced was for temporary construction and has been removed. Also, Note that the Contractor shall be responsible to contact Bill Battory with OCTA at (714) 560-5912, saven days prior to removal of the existing bus stop sign located on Pacific Coast Highway between Goldenwest Street and 22nd Street. This is to acknowledge receipt ar.d review of Addendum Number one, dated May 10, 2001. E & M CONSTRUCTORS, CO. -aA I&, &,-, Company Name By MAY 29, 2001 Date k11 bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. ITC INSCO INSURANCE SERVICES, INC. ir75C%.o Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-33.00 BID BOND BOND NO. Bid KNOW ALL MEN BY THESE PRESENTS, That we, E & M Constructors Co: as Principal, and Developers Surety and Indemnity Company _____a corporation authorized to transact a general surety business in the State of CA_—___—_ _____ as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of Ten Percent of Bid — Dollars, ($ 0%of Bid � for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Pacific Coast Higfhway Improvements from Golden West Street to 22nd Street Cash Contract No. CC1138 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 25th E & M Cons1ructors Co. Principal ID-1198 (Bid Bond) (REV. 1/01) day of May ----------------------- 2001---- YEAR Developers Surety and Indemnity Company Surety By: Megan B. Gain Attorne -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of __.California Countyof Ventura On5-25-01 beforeme,Tim McClain, Notary Public Data Nam* and Tah al Oq,oer (e 9 , *Jwm Doe. No" PLMk j personally appeared Megan B. Gaines Ne w■) of Sq„ S) M personally known to me — OR Yc kpcmmil % moat ism"to be the person(s) whose name(,i aam subscribed tg_tbq within instrument and acknowledged to me that e!Amy executed the same in NrCeOeir authorized capacityCX, and that by �e, their signatureX on the instrument the person(' TiMM.1, or the entity upon behalf of which the persoro acted, Ir t214"5D executed the instrument. t� y -✓ r.t�c� •1�..23, 3 4' WITNESS m hand and official seal. � � cs � v S"ft" of Notary Pubic OPTIONAL Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraululent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 5-29-01 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General DO Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator O Other. Top of hurt) We Signer Is Representing: Developers Surety and Indemnity Company Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee rMSTIMMU_ .111 ❑ Guardian or Conservator . ❑ Other: Top a VX"D Here i Signer Is Representing: 0 1904 Nwww Na "Aaaoelation - 92M Remmat Ave.. P.O. Boa 7164 - Canoga Park CA 91309-7104 Pmd No. 5907 peoeder. CgA Taa-Fne 140"76 W7 POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEAINITY COtMPANY OFCALIFORNIA PO BOX 19725, IRVINE•,CA92623.19a9) 263-3300 KNOWALL RIEN IiY THESE PRESENTS, that cxecpt as cxpressiy [united, DEVELOPERS SURETY AND INDEI{NITY CO►IP•lNY and INDEXI.NITY COMPANY OF CALI I ORNIA, do cacti severally, but not join[[)•, hereby make, constitute and appoint "'MICHAEL CRESSWELL, MEGAN B. GAINES, .JOINTLY OR SEVERALLY' as the tru: and lawful Attomeyls}in-Fact, to make, execute, deliver and acknou ledge. for and on behalf of said corporations as sureties, bond,. undertakings and contracts of suret).hip Firing and granting unto said Attortey(s)-in-Fact frill power and author tv to do and to perform cvzry act necessary, requisite or prow to b: done in connectioi themwith a% each of said corporations could do, but rcscrving to each of said corporations full power of substitution and revocation, and all or the acts of said Attomcyi +in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adapt A by the m%pectivc Board of Direc[ors of DEVELOPERS SURETY AND INDIAINITY COMPANY and INDENINITY COMPANY OF CALIFORNIA, cflcclive as of November I.'_(XX): RESOLL ED, that the Chairman of the Board, [tic President and any Vice President or the eorporttion be, and that each of them hereby is. authorized to execute Powers or Anomcy. qualifying, the attorney(s) named in the Puwen of Attorney to execute, on behaY of the corporations, bonds, undertakings and contracts of surcry3hip. and that the Secrctary or any Assistant Secrc[ary of 0w corporations be, and each of thrnt hereby is, at-dwrized 10 attest the exeeminn of any such Power of Anomcy; RESOD E•D, FURTHER, that the signatures or such officers may be affixed to any such Power of Attorney or to any certificate relaling thereto by facsimile, and any such Power of Attorney or certificate Ixaring such facsimile signatures shall be valid and binding upon the corporation u hen so affixed and in the future with respect to any bond. undertak -tg or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents :s be signed by their respective Executive Vice President and attested by their rrrp:ctive Secretary this Rt" day of November, 21W. By; DavV It. Rhodes, Executive ice President ` ��AND rr OF •k 11 j SEA1:V1 WalvrA. Crowell, Secretary low a i STATE (:F CALIFORNIA } )SS. COUNTY OF ORANGE ) GOti1PANY O� `A �¢POFj,4 f CMG w= OCT.5 a tes� z , C4(IF04 -Ar On Not ember S. 2000, bcforc me. Diane J. Kawat t. personally appeared David It. Rhode: and Wahcr A. Crowell, personally known to me (or proved to me on [tic basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized eapacitic,, and [hat by their signatures on the instrument the entity upon bchalrof which the persons acted. executed the instrument. WITNESS my hand and official seal. Signatur)LAO-(,A -_ :"_j CERTIFICATE _ 1HAhe 1 KAWA7A COW. 01 167M 7 � NO'JrP.YPUEl1C-GA:FCt(tPtJt b OFMGE oMMM 1 Vy Game LV &L B f.".7C2 I The urt1crsigned, as Chief Operating Officer of DEVELOPERS SURETY AND ]INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hercbv c :rtif) that die foregoing Powcr of Attorney remains in full force and has not be-n revoked, and funhctmorc, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force a: of the date of this Certificate. This Cc tificate is executed in [lie City of Irvine, (,alifomia, [Its 25 day of May 2001 By _ David G. Lane, Chief Operating Officer ID-134t] (11 •'00 ) ►�, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 10 2001 To: All American Asphalt P.O. Box 2229 Corona, CA 92878-2229 Enclosed please find your original bid bond issued by 5afeco _Insurance Company of America for PCH Improvements CC No. 1138 Connie Brockway, CIVIC City Clerk Enclosure 9XolbMvp/cashcan+relurnbidt ond.doe (Telephone: 714-536-52271 ,2111IFF-m-". SAFEC0" MLENNIVIVI CORPORATE PARK BLDG, C 18400 NE UNION HLL ROAD REDUMD, WA W52 BID BOND Conforrls with The American Institute of Archite-.ts, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, BONA NO. 562 73 59 ALL AMERICAN ASPHALT as Principal, hereinafter called the Principal, and the SAFECO INSURANCE COMPANY OF AMERICA of SA!NTA ANA, . CALIFORNIA , a corporation duly organized under tl:e laws of the State of Washington . as Surety, hereinafter called the 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. ME TOTAL BID PRICE IN --- Dollars (S 10% of Total Bid Price) , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firaily by these presents. WHEREAS, the Principal has submitted a bid for Cash Contract No. CC 1138. PACIFIC COAST HIGHWAY IMPROVEMENTS 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 an 3 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 petalty 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 BID DATE: 22nd 29 May, 2001 �a v day of May 2001 ALL AMERICAN ASPHALT (Seal) f Principal BY: 41r' VICE PRE (DENT Title SAFECO INSUWCE-.Q99?ANY-0E-{kI. ',ER1CA M. BROTA-4 Attorney-in•Frct A A malstefed tmdemarh of SAFECO C ■�+v+ FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ j VC 9 S; D E ss. On _ 5/1-7hL,before me, �NNIS U/y/✓ES, N°7 Rr P 1 �; �, Date 11� kv," " Too of QY� fie , -j" Ooe, Na q Pvd.cl personally appeared DENNIS JON S Comml0on N 12COD'94 .} No'ary Pu51iC - CaCfomia Idvers de County MyCo:T'mE> Oet30.22 - ham of s"ry,e Tpersonally known to me C to be the person(4 whose name(4 ism subscribed to the within instrument and acknowledged to me that heWilveTexecuted the same in his/>Fl�ir authorized capacityjie< and that by his/Wth& signature(p) on the instrument the person(S . or the entity upon behalf of which the person(,P) acted, executed the instrument. WITNE my hand and official seal. PW@ Nawy spa, wow sq�., Noury Pudrc 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 foma to another document. Description of Attached Document Title or Type of Document: ' tj�Ai0 f�_�Y%� Document Date: Jai Of Number of Pages: Signer(s) Other Than Named Above: 01y�NOW�1Vbj�„ CapacityjiseClaimed by Signer Signer's Name: L ❑ Individual Top of thwno here X Corporate Officer —TheW : f/ '�,`?e ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: A-,"`A0:JC A _MAL4-- O 190 NahomW N7Wy Auo=hpn - 9M De Sao AN.. PO. Box 2402 - Chat as t CA 2131 &2b2 - w ti14W wa-yaxq prod- No. 5W At~ Cal To Ron 14004754M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Ss. County of ORANGE On.. May 22nd, 2001 before me, BARBARA J. BENDER, NOTARY PUBLIC vote Name aoa Two of oft« {a.p..'J-w Doe, N0187 PUM0 personally appeared OWEN M. BRMW "N.mK:t of ..... J 0 r Ptm* Notary Sail Above FIEpersonally to be the person(4O whose narne(X) ism[ subscribed to the within instrument and acknowledged to me that he.V20DWexecuted the same in his/KKNN)G(X authorized capacityon and that by hisfbeddumtc signatureW on the instrument the person, or the entity upon behalf of which the personbs) act ecute��dlIthe instrument. � T SS mVnand and .i a,410 $QMtYfa W t76iS7TPYJRZ _ - 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 fomr to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: May 22nd, 2001 Number of pages: One Signer(s) Other Than Named Above: ALL AMERICA 4 ASPHALT Capacity(ies) Claimed by Signer Signer's Name: OWFN M. BROWN ❑ Individual 0 Corporate Officer — Tstle(s): 0 Partner-0 Limited ❑ General XXXXAttomey in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other. TOP of V uTW We e 1999 NaLaW WAty Aaaacwbm • M D. Sao Avo,AO. eo► NOt •Oww-om. GA 91713-24C2I• Jw►m.rouy Wq Mod Na 52a R"W.. W lttafna 14*47"My rS A F E C POWER OF ATTORNEY KNOW ALL nY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 08185 No. 9164 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint `'1��� ram, `_-4r_ 000000••.•. •. ••••gq••.••N••q•p HN••.... •...•. •.•••.Ol'�L1Y M BROWN. N�Fu+i Califoi040044400004••.••........••.•.•.•... •........•••....•••..... •... Its true and lawful attorney(s)in-fact with full authoriy to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character issue] in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of April . 1999 RA. PIERSON. SECRETARY W. RANDALL STODDARD. PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Se pion 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, mall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behatf of the company tide Ry and sure,. bonds and other documents of similar character Issued by the company In the course of Its business... On any Instrument mikin or evidencing such appointment, the signatures may be affixed by facsirnile. On any Instmrrient conferring such authority or an 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 seal shall not be necessary to the validity of any such Instrument or undertaking." Extract from a Resotuticn of the Board of Directors of SAFECO INSURANCE. COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company settirg out, n Tt-a provisions of Article V, Section 13 of tte By -taws, and (i) A copy of the powerofattomey appointment executed pursuant thereto, and (ii) Ca.Wng that said powerofattomey appointment Is in full force and effect, the signature cf the certifying officer may be by facsimile, and the seat of the Company may to a facsimile thereof.' I, RA Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extra Is of the By -Laws and of a Resolution of the Board of Directors of these corporations, 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 22nd Aldor��Q.JQs`` 'cif CORPORATE : SEAL Za- S E A L ,form� �.� t Z� � 17t V— �raSYi'a1 i day of May Z001 RA. PIERSON, SECRETARY S-09741SAEF 74 3 O Registered trademark of SAFECO Corporation. 4128:'99 PDF kAL,eV �;b �0- P4aiF/*& CAS#i(o,fwAY jAAP&ov6M6-AJ-f5 dAso C&-jMdl`A6. dC//38 I AJ �,i'(`r OF #WVf 1 AJf7oJAJ 136ACO — Do NO` 0&) (#I* pe(,ut,kR Mai L. 9 : MA a91 000A. I It merccan sphalt P.O.BOX 2229 CORONA, CA 92878-2229 r A1PVN XE A gi7Y Cy�CAK AAAjj VSr V6VA) ,40,#c9� RETURN REQUESTED t,fr TINGTo;! [ 2001 MA Y 29 .r . SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY IMPROVEhIENTS from GOLDEN NEST STREET TO 22"D STREET CASK CONTRACT No. CC 1138 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTI\GTON 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-t t If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates «Rhin 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. 13%DDf✓ 's dr Accompanying this proposal of bid, find MpD in the amount of S / or- XiP 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; Addendum Date Received Bidder's Sig nature 1Yo. C-z W 174. SECTION C PROJECT BID SCIIEDULE (Revised per Addendum 1) ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT PACIFIC COAST HIGHWAY FROM GOLDEN WEST STREET TO 22" STREET 1 1 Mobilization .Mc� L.S. @ usgzL 115 W'P" Dollars 3 gt90 Cents 2 1 L.S. Traffic Control qua h0e k Dollars 6, a O� • J Cents 3 1 i Unclassi ied Excavation ,�, L.S. @ ej;5 n.j-T4-.f -�r17G ��l'�'� Dollars Cents 4 1 Miscellaneous Removals (A.C. Pavement, . L.S. Sidewalk, Curb & Gutter, Sims, Shrubs . @ 1l�,4�.r�nn����,�,"1�� _Dollars i 91 �Q D Cents 5 75 Curb and Gutter Type A2-200 per CalTrans Std M Plan A87r @ G1`r14 .tc�c_ Dollars � Cents 6 172 Construct 100mm Sidewalk per H.B. Std Plan M'- 207 Dollars Cents b 7 1 Curb Ramp Case C per CalTr=; Std Plan A88 Each @ • n e. —i A nJs.4a J S ,), � jvtckr "bollars I Cents j 8 96 Construct Asphalt Concrete Pavement Tonne @ ,� J Lv��-y S i,�C Dollars Cents 9 160 Construct Aggregate Base Tonne @ Dollars y Cents 10 2 Constrict Type OS Drainage Inlet & Gutter Each Depression per Caff Std Plan D72 D78 b0 @�, tu.,A 40Jjr �- a � ftollars ans a Cents 11 56.5 Construct 450mm RCP 2000-D with Concrete M Encasement 5.70 @c�.t ti�tS��xn1. Dollars 3 Cents C-ls -T/4 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 12 5.5 Construct 750 mm PCP 1250-D with Concrete ht Encaseme t I @ A� �n�tu�/lin�c Dollars '00qD {� Cents 1; 1 Construct Junction Structure Type D per H.B. Std Each Plan 313 @ c ��► o s �rr�- .J • f` �'� Dollars 3 p Cents 14 18 Construct CMU Retaining Wall 6U t Dollars O '� hi @ 111,, oJk.Qo ctcs CJ 0 Cents 15 6 Relocate or Reconstruct Water Service per H.B. Each Std Plan 602 4t� �}'�,,��J� q 0 � @ D ►'1 Lrt K Dollars y S .e Q 1 Cents 16 1 Abandon or Remove Water Service � Each @ n; n e h a.,t#(f &dk Dollars 00. Cents i F 1 2 Relocate Si n Each @ -aVt r r,4: 6y Dollars 5 y0 Cents 1 S 3 Each Relocate Tree `C�Ac. 1^""4Dollars Cents 1 ci 1 Abandon Storm Drain Inlet Pipe Each @ Onc 'Ao)5,gw.(5-sY vfArev( Dollars 1 600 ', Cents ! 1 20 1 Install Fire Hydrant per H.B. Std. Plan 607 Each @ s• Thays /r�.� ����G �,la,+lR(� Dollars b S o a' Cents 21 2 Install Edison Owned Street Light MH = 9.14m, Each MA = 1.83m, 200 W HPS Ca GwCA1,-ouSA&ak -)Lwi) tivL4 filed Dollars L1 C)O o ,� !� Cents 22 1 L.S. Traffic Signal Modification a, �iL�i�vl��.i/1:�1���id�_Dollars r goo,_ Cents 23 1 Adjust Pull Box to Grade Each a,-11/_AouSwn.A--41LL,JAkiXI)oIIars I5co, Cents Total Amount Bid in Figures: S 1 9 6, D Total Amount Bid in Words: hi—_ v C-25 f 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 JVork Name and Andress of Subcontractor State License Number Class cu- W A G <S f pm S4-t b v►h a ' rX 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. Cz • BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ALL AMERICAN ASPHALT Bidder Name Business Address OAT<otiA U. City, State Zip (70q) 736-7600 Telephone Number State Contractor's License No. and Class 1 q rT ) OriginAl Date Issued Expiration Date The work site was inspected by !:;�j�& 6 of our office on , 2001. The follombg are persons. firms, and co orations having a principal interest in this proposal: ALL AMERICAN ASPHALT Jill UOM 1 - ffi�o!A*' �A i % 3 WFs` C-9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California RR RsiE County ofVF.gam»U A;6-87-&4DI, , being first duly sworn, deposes and says that he •efake is VICE PRESIDENT of ALL AMERICAN ASPHALT 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. ALL AMERICAN ASPHALT Name of Bidder Signature of Bidder 0• & x ". 11 &P-606.CA-9#-g79-U1-j Address of Bidder Subscribed and sworn to before me this A'S day of _�1� , 2001. DENNIS JONES 0 Commission # 1200094 Notory Public - California Riverside County My Comm. Expires Oct30, 2002 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 PACIFIC COAST HIGHWAY IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: -5 ALL AMERICAN ASPHALT Contractor Title VICE PRESIDENT C-5 i DISQUALIFICATION QUESTIONNAIRE In accordance NAth 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 !K 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-G • 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 pro-isions before commencing the performance of the work of this contract. Date: -� o 0t ALL AMERICAN ASPHALT Contractor By Title VICE PRESIDENT' 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 1-8004224133 a minimum of two working days before scheduled excavation. Di, Alert Identification Number: Contractor By Title Date: Note: This form is required for every Di, Alert Identification Number issued by U.S.A. during the course of the work Additional farms may be obtained from the AGENCY upon request. C-8 • The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially, or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ALL AMERICAN ASPHALT Company Name Signature of Bidder Ron-pj- T3MP VEY Printed or Typed Signature Subscribed and sworn to before me this 25 day of Ah y 2001. NOTARY PUBLIC 1 �5C?5- ff V C#gp �J IA j2AT 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: /n 1TY#r- 9t,67A1PQ8A, 116 F. FwWct, A1,VD-F FWAOU I J�l - co Name and Address of Public Ajaeficv Name and Telephone No. of Project Manager: Ae" S a�l / C6�(v� `y 9*AV7 30( 106. `' C615MV CH,0V Ail o1/ 946 Contract Amount Type of Work Date Ninpleted 2. OilyyF /0M`7-4 4Y300 70 7/ Name and Address of Publit Agency Name and Telephone No. of Project Manager: X ll G 1 l ddO,1A19:bgL E3/Q ) 325"-7//0 &5,1 AA; A16 �i4 N, A.o O / Contract Amount Type of Work bate Completed 3. ai rror /s? y Name and Address of Publ c Agency 0/ Name and Telephone No. of Project Manager: Ci4- � �z On) 6q'1 i3iQ1) �aA5,4173-"" Sr-,&15r y-o Contract Amount Type of Work C-10 <1kti.. "0 Completed JURAT State of County of � . ss. p�lNtS J�NFS Comrntn!on # 12MO94 Hatay PUb1T---Cd-T0Mk1 Subscribed and swo►n to (ar—affkm%j) before me this di day of MAY,F. , by Dan Mo ih Year t1yor�rz-r T3 E Name of swwe s1 (2) OPTIONAL Nam a swwwrts? sq un a Naary PutAc Though the Information In this section is not required by law, it may prove vatuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descrlptfon of Attached Document sop CA thumb rare lop of thumb here Title or Type of Document: �! e $At, h!SaCR Document Date: Jr d Number of Pages:Q_ Signer(s) Other Than Named Above: 0 IM Nalbnal Notary Aswdason • 9350 oe $Oro Ave.. P 0. BOM 2402 • Chatsworth. CA 91313.2402 Prod. No. SM No,der, C81110e Free 1 MW876•6827 At City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For PACIFIC COAST HIGHWAY IMPROVEMENTS CC- 1138 May 10, 2001 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technical Provisions: This addendum shall address construction to provide access from the recently constructed bus pad on Pacific Coast Highway, north of Goldenwest Street. The attached exhibit shall be used for bidding purposes. The attached Bid Sheet shall be used and has been modified to add new construction notes and revise quantity estimates. Final design will be approved by the City and Caltrans as Revision 2 to the Drawings. Also, Construction Note 24 shall be removed from the construction documents as the chain link fence referenced was for temporary construction and has been removed. Also, Note that the Contractor shall be responsible to contact Bill Battory with OCTA at (714) 560-5912, seven days prior to removal of the existing bus stop sign located on Pacific Coast Highway between Goldenwest Street and 22nd Street. This is to acknowledge receipt and review of Addendum Number one, dated May 10, 2001. ALL AMERICAN ASPHALT Company Name L-A Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. -s a SCALE. 1'.20' NEW NOTES lO CONSTRUCT 48" HIGH (MAX) CMU BLOCK RETAINING WALL OADJUST PULL BOX TO GRADE F311 REMOVE EXISTING BUSHES. 0 RELOCATE SIGN TO NORTH OF NEW SIDEWALK. GOLDEN VIEST STREET C,'11M/Aaa+ E4"4),t.9*'. PCH @ Goldenwest Street Addendum 1 Exhibit CITY OF HUNTINGTON BEACH co 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY C[TY CLERK August 10 , 2001 To: Nobest, Inc_. P.O. Box 874 Westminster CA 92684-0874 Enclosed please find your original bid bond issued by Contractors Bonding and Insurance Co. for PCH Improvements cc No. 11-38 4 6?W'14 Connie Brockway, CM.0 City Clerk Enclosure pffolkwuplcashconlretumbidbond.doc (Telephone: 714-53"227) California: i i M K CONTRACTORS BONDING AND INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That we, NOBEST INCORPORATED Z3172 Plaza Pointe Drive Suite 18S Laguna Hills, CA 926S3 (714) 770.9733 (800) 274-CBIC National (714) 770-980S FAX BondNo- . BID BOND Premium included in Bid Bond Service Undertaking as Principal. (hereinafter called the "Principal"), and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation duly organized under the laws of the State of Washington. as Surety, (hereinafter called the "Surety"), are held 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 nottoexceed TEN PERCENT OF THE TOTAL &MOUNT OF THE BID Dollars (S 10% 1 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,thePrincipal has submitted abid for PACIFIC COAST HIGHWAY IMPROVEMENTS FROM GOLDEN WEST TO 22ND STREET CC-1138 NONY, 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 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 merle covered by said bid, then this obligation shall be null and void. other -vise to remain in full force and effect - Sign d and sealed this 23RD day of MAY, 2001 Witness By Witness 02-M—I00%1-2-75 199717 ('tinted in cooperation with the American Institute of Architens EMAI by Contractor Bond: ng and Insurance Company. The tan juape in this document conforms exactly to the lanjus.-e used in AtA Document A-310. Febnury 1970 Edition 1140 NOBEST INCORPORATED Contractors LINDA D. COATS Tide Attorney -in -Fact BndLxB 1.0_-CA011993 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of - California - County of Orange On �' Z-q —07 before me, Kay E. Anderson/Notary Public . Date Name and Tao d OVkw {e.g., darw Doe. Nomq Ptck7 personally appeared Larry Nodland .� Names) d smr-1s1 (B personally known to me— OR —O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshefthey executed the same in his/herflheir authorized capacity(ies); and that by his/her/their signature(s) on the instrument the person(s), entity th E. AHDERSO CorN r e enon behalf of which theperson(s) � Cotnrnision #� 1141$ 24 r" o� u p acted Notary Publ,c - California executed the instrument. ORANGE County NlyCotmEgwesJun U.2001 r WITNESS my her and official seal. t 1a. we of rwwy Pua� OPTIONAL Though the inlormafan below is nct required by law, it may prove valuable to persons relying on the dx.rment and could prevent haudulent removal and reanachment of this form to another dowment Description of Attached Document Title or Type of Document: jLjap zaf,_ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ■ 1 IW Individual Corporate Officer Ttle(s): President Partner — O Limited © General Attomey-in-Fact Trustee Guardian or Conservator Other. Signer is Representing: Signer's Name: I i ■ a ■ ■ Number of Pages: Individual Corporate Officer Title(s): Partner — O Limited 0 General Attorney -in -Fact Trustee Guardian or Conservator Othan Signer Is Representing: 01M 9r5m al r1 "Asanoaean • 8M Rem'rrt Ave.. P.O. 0" 7184 • Canoga Park CA 9 g04¢7104 Prod. No. 590 Reader. Cal Tb&Free 14W4: &M? CALirORN1A ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORRiA Ccunty of OR`CF- On MAY 2 3 2001 before me, CHRISTOPEER J. COATS, NOTARY PUBLIC DATE NAME_ TITLE OF OFFICER - E.G., JANE DOE, NOTARY PUBLIC' , personally appeared LINDA D. COATS NAIVE(S) OF SIGNERS) G 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 ac- knowledged to me that he/she/they executed OFFICIAL SEAL the 'same in his/her/their authorized r@..,My NOTARYTOPHERPUBLIC J.COATSIA capacity(ies), and that by his/herltheir 000MMISSION # 1267699 c signature(s) on the instrument the_ person(s), ('Corrmi sonEp.July15,2004� or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ATURE CF NOTARY OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document and could prevent Ira adulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 01 CORPORATE OFFICER T►TLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL [1 ATTORNEY -IN -FACT TRUSTEE($) D GUARDIANICONSERVATOR ❑ OTHER: S13NER IS REPRESENTING: NA,►E OF PEASCMS) OR EMMDE% DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • e236 Rommel Ave., P.O. Box 7184 • Canoga Park CA 91309-7184 sates OI '' LIMITED POWER OF ATTORNEY Not Valid for Bonds Power of Attorney Executed On or After: immARY 31ST, 2003 Number. 644980 i s A valid original of this document must be printed on security paper with black, blue, and red Ink, and must bear the seal of Contractors Bonding and Insurance Company ( the "Company"). Only an unaltered original of this power of attorney Is valid. If a photocopy, the word "VOID" should appear clearly In one or more places. This Power of Attorney Is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond Is of the type Indicated below, and is valid only if the bond is executed on or before the date indicated above. KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute and appointthefollowing: DOUGIJW A. RAPP and LINDA D. COATS its true and lawful Attoraey(s)-in-Fact, with Lull power and authority hereby conferred in its name,•plaee and stead, to execute, acknowledge and deliver on behalf of the Company: -(I) any and all bonds and undertakings of suretyship given for any . purpose, pxovided,,however, that no such person shall -be authorized to execute and deliver -any bond or -undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $6,000,000, and provided, further, that no Attorney -in -Fact shall have the authority to issue a bid or proposal bond for any project where, if,a contract is awarded, any bond or undertaking would be required with penal sum in excess of $6,000,000; and (2) consents, releases and other -similar documents required by an obligee under a contract bonded by the Company. -This appointment is made under the authority of the Board of Directors -.of the Company.------------------------------------------ ---------------------------------------------------------------------------------- -------------------------------------------------------------------------------- --------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -- ----------------------- --- ---------------------------------------------- -- --- -- --------•------------------------------------ CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Bond Number BID BOND Signed and sealed this 23RD day of MAY 2001 Not Valid . Unless Seal s Affixed Robert hi. Ogle, Secretary CBIC a 1213 Valley Street - P.O. Box 9271 - Seattle, %VA 98109-0271 (206) 622-7053 - (800) 765-CBIC (Toll Free) • (206) 382-9623 FAX PoaLPOA.04-L'S101700 NOBEST; INCORPORATED PO: Box 874 ' rrCoi1v111V01CP1, CA,-9C684-0674 :0000:�� Gam• r � �� � ,• : . • RECEIVED CITY CLERK CITY OF. HUNTINGTON BEACH. CA 2001 MAY 2q P I: 4q so SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY IMPROVEMENTS from GOLDEN NVEST STREET TO 22"D STREET CASH CONTRACT No. CC 1138 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNrINGTON 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 wort: 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. Gt .P/4 SECTION C PROJECT BID SCIIEDULE (Revised per Addendum 1) ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT PACIFIC COAST HIGHWAY FROM GOLDEN WEST STREET TO 22ND STREET 1 1 Mobilization L.S. ct �yu 20W&IuD Dollars M Cents S, 2 1 Traffic Control L.S. @ fitlzr 1bvsjw'q Dollars Ak Cents 5 OG�J 3 1 Unclassified Excavation L.S. cr 2CiL2G'� a Dollars 21 0 Cents ?C 1 G 4 1 Miscellaneous Removals (A.C. Pavement. , L.S. Sidewalk, Curb & Gutter, Signs, Shrubs) @ 714US/hvD Dollars GV .&iL� G __Cents ZOQpp ?Oa 5 75 Curb and Gutter Type A2-200 per CalTrans Std M Plan A87 @ liar Dollars Cents 6 172 Construct 100mm Sidewalk per H.B. Std Plan M'- 207 @ _ Dollars cc Zvi _ Cents 7 I 1 Curb Ramp Case C per CalTrans Std Plan A88 Each @ Ou5 Dollars 00 a7 G Cents 8 96 Construct Asphalt Concrete Pavement Tonne @ L Dollars g, AIA Cents 76& 9 160 Construct Aggregate Base - Tonne @ Dollars cU Cents 800 10 2 Construct Type OS Drainage Inlet & Gutter Each Depression per CalTrans Std Plan D72 & D78 @ Dollars r G00 G Cents Qt 11 56.5 Construct 450mm RCP 2000-D with Concrete M Encasement @ Dollars Cents t .3a0 �G �So C-ts -IF/4 ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 12 5.5 Construct 750 mm PCP 1250-D with Concrete M Encasement @ ,c! �' z Dollars u; CV Ald Cents M q l2 $ 13 1 Construct Junction Structure Type D per H.B. Std Each PIan 313 @ Dollars co �a ,r Q Cents 3, COO 14 18 Construct CMU Ret fining Wall M @ 0*4"17 /A. &yO Dollars at 4 Cents YOO ' 7 21 r 15 6 Relocate or Reconstruct Water Service per H.B. Each Std Plan 602 @ Dollars Cl2 Cents 2,co R I Abandon or Remove Water Service Each @7,?1&1-C1h,/DDollars �► Cents Ct�p 17 2 Relocate Sign Each @ molu-0 Dollars Cents 24b IF 3 Relocate Tree Each @ T�al ZilA601Z&O Dollars cti ce Cents S� 14 1 Abandon Storm Drain inlet Pipe Each cu -l�O- Z/ Dollars CO . /C/e _ _Cents 1560 �Srn 20 1 Install Fire Hydrant per H.B. Std. Plan 607 Each @ Dollars p0 CC! A Cents G wo G 4j 21 2 Install Edison Owmed Street Light M11= 9.14m, Each NIA = 1.83m. 200 W HPS @ GYiS .D Dollars cd _ Q Cents 2= 1 TrafficySienal Modification L.S. @ 4 Dollars G Cents VO, COO 23 1 Adjust Pull Box to grade Each cr W, 0Dollars �p a° Cents Sp SrQa Total Amount Bid in Figures: S Q Total Amount Bid in Words: Oyz ,v flX�S'�n 7724 u C-23 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. i Accompanying this proposal of bid, find in the amount of $ 6 E 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 SUBCOIN7RACTORS 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 1V0rk Name and Address of Subcontractor State License Number Class SA Wv G 4W 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 famished 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 ZhIZI-91iL , being first duly vworn, deposes and says that he or she is of Z�/C the party making the foregoing bid that the bid is not trade in the interest of, or on the behalf of, any undisclosed person, partnership. company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived. or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Si -v• i."—'0. TJ�v -ess of Bidder Subscribed and sworn to before me this day of M Atj 2001. l'AY E. ANDERSON Gommision 0 1141924 r' Notary Public - California 1 ORANGE county MyCarnExpres Jun 13.2001 NOTARY PUBLIC C4 NOTARYSEAL 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 PACIFIC COAST HIGII%VAY IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title S, 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 «7th 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. S' Z 9 _o` 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 12 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: Z Ca llmx-rv- Contractor Title 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 1-800422 4133 a minimum of two working days before scheduled excavation. Di,- Alert Identification Number: Contractor By Title Date: Note: This form is required for every Di,- 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 INFOILMATION BIDDER certifies that the follo-Mrig information is true and correct: Bidder Name ' i�'. 1-?Cj k- g 7 41 Business Address Tn>��vs�z^s `x State Zip (71V) 8g 2 Telephone Number sa Z 2- S -- State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by CGS Gw/ of our office on 5 �z<< , 2001. The following are persons. firms. and corporations 1:aving a principal interest in this proposal: G; .. - ins C_4 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. C Subscribed and sworn to before me this Z1 day of ti , 2001. KAY E. ANDERSON b Commision 0 1141E24 r- Not�ry Public - Canfomia M v ORANGE County NOTARY PUBLIC MyCWnExpnxJun 13,2001 r 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: :54' 197T/9tiI&V 1. 2. 0 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 NOBEST INCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (1IAINTENAXCE DEPT.) S978,000.00 Project: Concrete Replacement Contact: Crale Allen Phone: 714-765-6935 2. CITY OF COMMERCE $464,000.00 Project: Ferguson Dr. Contact: William McConnell Phone: 323-7224305 3. CITY OF LO\ G BEACH S392,000.00 Project: East/%Vest Bus Speed Improvements Contact: Bill Gill Phone: 562-570-5170 4. CITY OF HUNNTI,YTON PART: S200,00.00 Project: Concrete Alleys Contact: Pat Fu Phone: 323-582.616I X253 5. LOS ANGELES CO. DEPT. OF PUBLIC NVORKS $121,00.00 Project: Improvement of Grand Oaks CC# 7743 Contact: Ray Green Phone: 626-458-3122 6. COUNTY OF ORANGE S38,000.00 Project: NN heelchalr Ramps Contact: Al Sanchez Phone: 714-567-62:55 1g- City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For PACIFIC COAST HIGHWAY IMPROVEMENTS CG 1138 May 10, 2001 Notice To All Bicders: Please note the 'ollowing revision to the Project Plans, Specifications, and Technical Provisions: This addendum shall address construction to provide access from the recently constructed bus pad on Pacific Coast Highway, north of Goldenwest Street. The attached exhibit shall be used for bidding purposes. The attached Bid Sheet shall be used and has been modified to add new construction notes and revise quantity estimates. Final design will be approved by the City and Caltrans as Revision 2 to the Drawings. Also, Construction Note 24 shall be removed from the construction documents as the chain link fence referenced was for temporary construction and has been removed. Also, Note that the Contractor shall be responsible to contact Bill Battory with OCTA at (714) 560-5912, seven days prior to removal of the existing bus stop sign located on Pacific Coast Highway between G otdenwest Street and 22nd Street. This is to ackncwfedge receipt and review of Addendum Nurr --- " &M z-S7 - C- Company Narre 'Dace All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. t CITY OF HUNTINGTON BEACH We'llpuL• i,Mf3441 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK August 10 _ 12001 To: Sequel Contractors, Inc. 12240 Woodruff Avenue Downey, CA 90241 CALIFORNIA 92648 Enclosed please find your original bid bond issued by Federal Insurance Co. Connie Brockway, CIVIC City Clerk Enclosure for_ PCB Improvements CC No. 1138 pXonowup c2shcontrcrnmtiidbond.doe (Telephony. 714-536-5227) CHUBB GROUP OF INSURANCE COMPANIES CHU00 15 Mountain View Road, P.O. Box 1615. Warren. NJ 07061.16.5 AIA DOCUMENT A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we SEQUEL COln-RACTORS, 314C. as Principal, hereinafter called Principal, and FEDERAL INSURANCE COMPANY . (Here insert full name and address or legal title at,Contraaor) (Hero insert fuC name aid address or legal title of surety) a corporation duly organized under the laws of the State of INDIANA as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGION BEACH (Here insert full name and address or legal tide of owner) as Obligee, hereinafter called Obligee, in the sum ofTEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($ 107. ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, ot:r heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for PACIFIC COAST HICHIIAY IMPROVEMENTS (COLDENWEST STREET TO 22ND STREET) (Here Insert tun name, address and description of project NOW, THERFORE, 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 perfcrmance 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 di`ference 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 th's obligation shall be null and void, otherwise t0 remain in full force and effect. Signed and seated this (w,tness) 29TH day of ThCt ;as S. MAY, 2001. k�P. (Seal] Pr°nted in cooperation with the Americas? Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310 February 1970 edition paiNrl'a Fw^1 15-024M (FW• 443) Wkmssmo 1uso vrs .It CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of _ Orange On MAY 29 Yet — before me, Christine M. Rapp, No_tAa Public , Dale New "Tipp d oMcw tRq. daM Coo. Wary PWscl personally appeared , Douglas _A. Rapp , Narv{a) 01 SgvR:� 0 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/herRheir signature(s) on the instrument the person(s), 2 ..'- CHRlSTINE M. 189 or the entity upon behalf of which the person(s) acted, COMM. #1267189 > executed the instrument. fCTARY PUBLlc. CALRRW ��' �X�Y r r,... t`h'c0""" e�g.�oar WITNESS my hand and official seal. 0 OPTIONAL " Though the Information below is not required bylaw. R may prove valuaNe to persons relying on the document and could prevent fraudulent removal and reattachment of M:s 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 ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Ccnservator ❑ Other top of rumb here Signer Is Representing: Signer's Name: 701 ■ ■ ■ ■ ■ Number of Pages: Individual Corporate Officer Title(s): Partner --❑ Limited ❑ General Attomey-in-Fact Trustee Guardian or Conservator Other. Signer Is Representing: r Top of uxonb two C 1"S Nabral NaLwy Amodanon - UN PA-ftM1 Avr.. P.O. Sm 7184 -Ca-op Pack CA 91-0471Ea P". No. $901 ftoroar. GM To"Me 1 a00 976-m7 Chubb POWER Federal Insurance Company Attn.: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren. NJ 07o59 Km,w An by These Presents, That FEDERAL INSURANCE COMPANY, an aldrane caporaboim, VIGIULYT INSURANCE COMPANY, a New York corporaWn, and PACW C NMMNTY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Linda D. Coats of Laguna Hills, California ------------------------------------------- each as their true and lawful Attorney4n-Fart to execute under such designation in their names and to a7tx their corporate seals to and deliver for and on their behalf as surety themort or otherwise, bonds (other than bail bonds) and undertakings given or executed in the course of Its business (but not to Include any Instruments amending or a teeing time same. nor consents to the modification or atteraWn of any Instnument Wetred to in said bw4s or obli� stions). In Witness Whereof, said FEDERAL. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACF1C INI)EMPM COMPANY -have each executed and attested these presents and affixed their corporate seals on this t day of eb r "'Stmeryl B. Rot its, Assistant Secretary �ra. E. Robertson, to r :deal STATE OF NEW JERSEY I as, on this 2 4 th dw or February, 1999 Dsfore rne, a Notary Public of New Jersey, personify came Sheryl d. Roberts, to rnrr known to be Assistant Secretary of FEDERAL INSURANCE COWANY, VIGILANT INSURANCE COMPANY, and PACIFIC 1NDE1u4M COA+IPANY, the companies vAich executed the foregoing Power of Anomsy, and the said Sheryl B. Roberta being by me duly sworn. did depose and say that the is Assistant Secreary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC 1NDEMNrTY CCIAPANY and knows the corporate seals thereof. that the seats affixed to the ongoing Power of Attorney ere such corporate seals end were INtolo affixed by outtoority of the SpLsws of said Companies: and that she a fined said power of Attorney as Assistant Secretary of said Compenin by like whoetty. and that she It aoyuairt!ed with Frank E. Robertson. and kroms him to be Yore President of said Companies: and that the signature of Frank E. Robertson, subscribed to said Paver of Attorney Is In the genuine han&mtng of Frank 1. Robe, -son, and was thereto subscribed by authority of said Ortsws and In deponenrs presence. Natwrt,l Seit '?� • IIC `AW •.r Q' t Bts:o .i�i • ruat.x _: •'• 11 �,p•ppye•604 !tom motes Apra s6, Conrriesior ESP, a 1 from the By-Ltws of FEDERAL INSURANCE COMPANY ,.2G Notary PUNC CERTIFICATION VIGILANT IUSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY: 'Alf powers of a".omey for and on behalf of the Company may and shag be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly Wth 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 orl'"rs: Chairman. President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of time Company may be affixed by facsimile to any power of attomey or to an f certificate relating thereto a;pointing Assistant Secretaries or ktoreys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obtigrory In the nature thereof, and cry such power of attorney or certificate bearing such facsimile signature or facsimie seal shalt be valid and binding upon the Company and try such power to executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon em Company with respect to any bond or undertaking to which E Is ettachad' 1. Sheryl B. Roberts, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the'Companies') do hereby ceitiy that Q) throe foregoing extract of the By -Laws of the Companies Is true and correct, (k) the Ccornpoinies are duly rtcerbed and au thorted to in suety business h all 50 or the United Stems of Arnenca and the Datict of Colurnta and are auc+orlred by the U. S. Treasury Depertrwt flraw, Federal and VigbN are licensed in Puerto Rico and the U. S. Vrgn Islands. and Federal is 6, P, Ft,ed in American Samos, Caere, and each of the Provincas of Carmda =W Prive Edgard Wand; and (li )the foregoing Power of ACortey is trim. eon'aei and in full fora and effect. Gwen under my hand and seals of said Companies at Warren. NJ this 29TIl day of MAY, 2001 1lA* r0Y � T � MCIAN* T �11tas etiEM,�p,� bNeryl S. Roberts, 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) 903-3435 Fax (90S) 903-3656 e-mail: surety Qchubb.com Fom, 1510.17.26 A (Ee I-W) NON-GONSENT ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On ft 2 s W before me, MICHAEL D. RAY, NOTARY PUBLIC Date Name;Titie of OMetr -e. "Jame Dec. Notary rdblic" personally appeared Thomas S. Pacle, V.P. a S `FeMY flames $)ofsigser(s) 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/shelthey executed the same in his/lser/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, r+Icw4i D war COMrt. * 1177436 f NOT my moles iLos s coum° rh Corm &p. Mbrch 26, XM v( �� 7 V $i;nature o[yota ATIENTIG%N NOTARY: Although the information requested below is OPTIONAL, it tould prwtnt fraudulent attachment of this certificate to unsuthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) „Corporate Officer($) Titles} SIGNER IS REPRESENTING: ,Name of persons or entitY(ies) —Partner(s) Attorney -in -Fact Other m wv�p N EALEQ BID PROJECT: u I, a � !.a '46� eg TIME, Qa - -- DATE: ,el7�.....,�a.L t7_ 0--I': ©n Q V% w i 4-� FROM. SEQUEL CONTRACTORS, INC. 12240 Woodruff Ave. • Downey, CA 90241 TO: �4,oA��7161k 1 d v z 014100z V3'N3V3G NOIDNIINf1N A Allo MID A113 03AI3338 n =1 s City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For PACIFIC COAST HIGHWAY IMPROVEMENTS CC-1138 - klay 10, 2001 Notice To All Bidders, Please note the following revision to the Project Plans, Specifications, and Technical Provisions: This addendum shall address construction to provide access from the recently constructed bus pad on Pacific Coast Highway, north of Goldenwest Street. The attached exhibit shall be used for bidding purposes. The attached Bid Sheet shall be used and has been modified to add new construction notes and revise quantity estimates. Final design will be approved by the City and Caltrans as Revision 2 to the Drawings. Also, Construction Note 24 shall be removed from the construction documents as the chain link fence referenced was for temporary construction and has been removed. Also, Note that the Contractor shall be responsible to contact Bill Battory with OCTA at (714) 560-5912, seven days prior to removal of the existing bus stop sign located on Pacific Coast Highway between Goldenwest Street and 22n° Street. This is to acknowledge receipt and review of Addendur SEQUEL CONTRACTORS, INC. Company Name MAY 2 3 20111 Dale All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. •r _ SECTION C SEQUEL CONTRACTORS, h11U, PROPOSAL for the PACIFIC COAST HIGHWAY IMPROVEMENTS from GOLDEN NEST STREET TO 22`D STREET CASH CONTRACT No. CC 1138 in the CITY OF HUN'TINGTON 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 hump 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 &.at 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. Accompaw-ing this proposal of bid, find 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: Addendum A Date Received Bid 's Si; rrat e KAY 2 3 MGT C-2 '/4 S E C T 10 N C SEQUEL CONTRACTORS, INC. PROTECT BID SCHEDULE (Revised per Addendum 1) ITEM ESTI?VLkTED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT PACIFIC COAST HIGHWAY FROM GOLDEN WEST STREET TO 22ND STREET I 1 Mobilization L.S. @ T.., �i.o.cs..,.. cl� Dollars Cents 2 1 Traffic Control I L.S. @ 74-0Dollars I Cents 3 1 Unclassified Excavation L.S. @ _M '1 Y W And Dollars �31 0 0p ! Cents 4 1 Miscellaneous Removals (A.C. Pavement, L.S. Sidewalk, Curb &: Gutter igns, Shrub ) q,, at Z✓C)oD' O� a C . Dollars J Cents 5 75 Curb and Gutter Type A2-200 per CalTrans Std M Plan A87 i @ Awe& - ree a Dollars Cents 6 172 Construct 100mm Sidewalk per H.B. Std Plan M= 207 @ 'nre _ _Dollars 23. U 3, qs�, t a Cents 7 1 Curb Ramp Case C per CalTrans Std Plan A88 Each @ D#4 et /�..v.t,..../ Dollars 1 0 Do. !� 044, — Cents 8 96 Construct Asphalt Concrete Pavement Tonne @ _ Dollars Cents 9 160 Const ct A cregate Base Tonne a Vl b i' Dollars 70. Cents 10 2 Construct Type OS Drainage Inlet R Gutter Each Depression per CalTrans Std Plan D72 & D78 @ Zie4 _ l r Dollars 3�ODa, G� ooQ, Cents I 1 56.: Construct 450mm RCP 2000-D with Concrete ht Encasement A ` �i,.Y �_ Dollars °' C ie c s-v��✓ 3 zp /8 d8p Cents C}ls T/4 ITIr.N& ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 12 5.5 Construct 750 mm PCP 1250-D with Concrete M Encasement @ _D�r �v✓so.-, Dollars Cents 13 1 Construct Junction Structure Type D per H.B. Std Each Plan 313 C Dollars Cents ! 14 18 Constrict CMU Retaining Wall i NI @ IZI« �5e✓&w1,-o Dollars G, rlSa, Cents E 15 6 Relocate or Reconstruct Water Service per H.B. Each Std Plan 602 n C Dollars 1, qCo. Cents 10 1 Abandon or Remove Water Service j Each C A44 22 .Ards-C41�_ Dollars 1� ODO, /, DOO, em Cents 17 2 Relocate Sign e—,-, Each C �;� t.,�i c Dollars CVO. r' Cents 18 3 Relocate Tree zoo.Each @ _One._�o✓s.,,� ,noe al�✓��.k,�Doilars +&& �.Jql Cents 19 1 Abandon Storm Drain I -t Pipc Each Dollars Cents 20 1 Each Install Fire Hydrant pc H.B. Std. Plan 607 S.x r".1-fZ,1' Dollars r _ G� pp�pd G oov, ! Cents 21 2 Install Edison Owned Street Light NiH = 9.14m, ! Each MA = 1.83m, 200 W H .na, 'o �or�.•-. Dollars 2�000. � f Cents 22 I Traffic Signal Modification L.S. ��✓_ ,r �a�sM Dollars yp DOD, -- �p, 004, i Cents i 2 1 Adjust Pull Box to Gradf� I Each @ i�A&,eel ��oY Dollars Cents Total Amount Bid in Words: Art AM c-zs SEQUEL CQINTRACTORSP 1NC. SEQUEL CONTRACTORS, INC. 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 !fork Name and Address of Subcontractor State License Number Class solve �+ ( / C-q' tt Ji.�i+✓C �i 1 !-f'7•// Via if 0.,LS1WJ Ca y By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 BIDDER'S INFOR`IATION BIDDER certifies that the following information is true and correct: SEQUEL CONTRACTORS, INC. Bidder Name 12240 S. WOODRUFF AVE. DOWNEY, CALIF. 90241 Business Address City, ( ) (562) 803-5881 Telephone Number 1. 1 State Contractor's License No. and Class Jznuary 31, 1931 Original Date Issued January 31, 2CC3 Expiration Date State Zip The work site was inspected by Pack of our office on PAY 2 3 2MI .2001. The following are persons, firms, and corporations having a principal interest in this proposal: httchell W. Ward, President Thomas S.,Pack- V.P. & swc-tary ASK MAGAiLANI=S, VICE PrMSIDENT C-9 IL NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orance Thomas S. Pack , bein first duly sworn, deposes and says that he or she is of first CONTRACTORS,1NCthe parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham hid, 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 %vill 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. SEQUEL CONTRACTORS, INC. Name of Bidder / S S. Pack, Y.P. & Secretary 12240 S. WOODRUFF AVE. DOWNEY, CALIF. 90241 Address of Bidder Subscribed and sworn to before me this day of , 2001. NOTARY PUBLIC SEE C4 NOTARY SEAL ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAY 2 9 2WI before me, MICHAEL D. RAY, NOTARY PURIC Date Name, Tide of OMcer -t g. "Jame Doe. Notary Public' personally appeared Thnr-nns S. Pack, V.P. b SPZr,1tarV Nomegs) orSiper(s) 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/sheltbey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signsture(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, . =D RAY ~ �1+ COMM. lei 177436 NOTARY ORMA L�CSANGELESCOUNTY N My Corm f V Much 26. 20Q2 Signature ooqorarr ATTENTION NOTARY: Although the Information requested below Is OPTIONAL It could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER �Individual(s) _Corporate Officer(s) TideW SIGNER IS REPRESENTING: Name or persons ar entity(ics) —Partner(s) Attorney -in -Fact —Other UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACII, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the PACIFIC COAST IiIGIIiVAY IMPROVEMENTS, (i)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hrLards 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: PAY 2 9 211 SEQUEL CONTRACTORS, INC. Thomas S. Pack, V.P. & Socretary Title C-5 SEQUEL CONTRACTORS, ING. z DISQUALIFICATION QUESTIONNAIRE In accordance %vith Government Code Section 143I0.5, the Bidder shall complete, under penalty ofpedury, 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 [aw or a safety regulation? Q Yes 2 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 s COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whore 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- ins=mce in accordance with the provisions of that code, and I mill comply with such provisions before commencing the performance of the work of this contract. Date: MAY 2 9 7XI C-7 SEQUEL WNTRACTORS. INC. Thomas S. Pa^�c, V.P. S Secretary Title 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 1-8004224133 a minimum of M-o working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Di; 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 s The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or othen%ise, to perform the contract for the proposed work and improvements in accordant: with the plans and specifications set forth. SEQUEL CONTRACTORS, INC Company Name of E fider Thomas S. Pack, V.P. & Secretary Printed or Typed Signature Subscribe.I and sworn to before me this _ day of , 2001. SV'S A� pC"5O NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. Name and Address of Public Agency Nam.— and Telephone No. of Project Manager: $ Contact Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Contact Amount Type of Work Date Completed Nacre and Address of Public Agency Narre and Telephone No. of Project Manager: Contact Amount Type of Work Date Completed ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAI 2 9 2MI before me, M1CHAEL D. RAY, NOTARY PUBLIC Date Name, Title or otr+cer-a;."LaeDoc. NotaryPuhUc" personally appeared Thomas S. Pack, V.P. & Sscre'tarv, Names(s) orSigner(s) personally known to me or proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized tsparity(ies), and that by bis/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the persons) acted, executed the instrument. Witness my band and official seal, MICHAEL O RAY 4} cOMM.R{t77436 NOTARY AJ8LCZ LIFORm LOS ANCpUhG1W n . f h" Cone. E+p Phrch 2h 2002 Signature of No rry ATTENTION NOTARY: Although the information requested below is OPTIONAL. it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER Individual(s) _Corporate Ofricer(s) 7itic{s) SIGNER IS REPRESENTING: Name or persons or entity(ics) —Partner(s) —Attorney-in. Fact Other SEQUEL CONTRACTORS, INC. ST. LIC # 61000A 12240 WOODRUFF AVE. DOWNEY, CA 90241 FAX (562) 803-6025 OFFICE (562) 803-5881 STATEMENT OF EXPERIENCE 1. OWNER: CITY OF GARDEN GROVE ADDRESS: 11222 ACACIA PARKWAY GARDEN GROVE, CA 92842 PHONE NO: (714) 741-5179 CONTACT: JOHN OMPAD PROJECT: MAGNOLIA, BROOKHURST & CHAPMAN REHAB. PROJECT AMOUNT: $1,778,810.00 COMPLETION DATE: SEPT. I, 2000 2. OWNER: CITY OF ANAHEIM ADDRESS: 200 S. ANAHEIM BLVD. ANAHEIM, CA 92805 PHONE NO: (714) 765-5776 CONTACT: CHUCK SMMI PROJECT: KATELLA AVE BEAUTIFICATION PHASE 1 I PROJECT AMOUNT: S 17,500,000.00 COMPLETION DATE: MARCH 2O01 3. OWNER: CITY OF ANAHEIM ADDRESS: 200 S. ANAHEIM BLVD. ANAHEIM, CA 92805 PHONE NO: (714) 765-5776 CONTACT: CHUCK SMITH PROJECT: KATELLA AVE BEAUTIFICATION PHASE I PROJECT AMOUNT: $19,941,735.00 COMPLETION DATE: JUNE 24,1999 4. OWNER: CITY OF RANCHO PALOS VERDES ADDRESS: 30940 HAWTHORNE BLVD. RANCHO PALOS VERDES, CA PHONE NO: (714) 935-0238 CONTACT: ROBERT MERRELL PROJECT: PALOS VERDES DRIVE EAST PROJECT AMOUNT: $ 578,932.00 COMPLETION DATE: JANUARY 8, 1999 OWNER: JOHN WAYNE AIRPORT ADDRESS: 3151 AIRWAY DRIVE COSTA MESA CA 92643 PRONE NO: (714) 252-2570 CONTACT: DAVE McMILLER PROJECT: ANNUAL MAINTENANCE PROJECT AMOUNT: $ 1,000,000.00 ANNUALLY COMPLETION DATE: JULY OF 1996, 1997,1993, 1999 6. OWNER: CITY OF BEVERLY HILLS ADDRESS: 455 REXFORD DRIVE BEVERLY HILLS, CA 90210 PHONE NO: (310) 285-2511 CONTACT: CHRIS THEISEN/ROB BESTE PROJECT: BURTON WAY PROJECT AMOUNT: $ 3,585,560.00 COMPLETION DATE: SEPTEMBER 1999 7. OWNER: PORT OF LOS ANGELES ADDRESS: 425 S. PALOS VERDES ST SAN PEDRO CA 90733 PHONE NO: (310) 732-3654 CONTACT: SAL ZAMBRANO PROJECT: ANNUAL PAVING CONTRCT PROJECT AMOUNT: $ 4,550,000.00 + CONB'LETION DATE: ONGOING 8. ON ER: CITY OF CARSON ADDRESS: 701 E. CARSON ST. CARSON, CA 90749 PHONE NO: (310) 952-1700 CONTACT: PATRICIA ELKINS PROJECT: 223RD ST. PROJECT AMOUNT: $ 1,556,906.00 COMPLETION DATE: JULY 1999 i 9. 10. OWNER CITY OF LAGUNA HILLS ADDRESS: 25201 PASEO DE ALICIA LAGUNA HILLS, CA 92653 PHONE NO: (949) 707-2655 CONTACT: KEN ROSENFMM PROJECT: OSO PARKWAY RESURFACING & MEDIAN I114PROVENIENTS PROJECT AMOUNT: $ 1,7143,973.00 COMPLETION DATE: MAY 5, 2000 OWNF_R: CITY OF LAGUNA BEACI I ADDRESS- 505 FOREST AVE. LAGUNA BEACH, CA 92651 PHONE NO: (949) 497-0345 CONTACT: FRED SHAHIDIE PROJECT: VARIOUS LOCATIONS PROJECT AMOUNT: S $12,140.00 COMPLETION DATE: OCTOBER 1999 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK Ce1%741E BROCKWAY CITY CLERK August 8 ,2001 To: Palp, Inc dba Excel Paving Co. 2230 Lemon Avenue Long Beach, CA 90806 CALIFORNIA 92648 Enclosed please find your original bid bond Issued by ^Federal Insurance Co. for PCR Improvements CC-I138 Connie Brockway, CMC City Clerk Enclosure glollowuplcashcoWreturnbidbood.doe ____ ITelephone:71"3"2271 CHUBB GROUP OF INSURANCE COMPANIES ' CHUBB 15 Mcu l:a;n View Read. P.O. Box 1615. Warren, NJ 07C61-1615 AIA DOCUMENT A310 Ella 80ND KNOW ALL MEN BY THESE PRESENTS. that we PALP INC. DBA EXCEL PAVING COMPANY as Principal, hereinafter called Principal, and FEDERAL INSURANCE COMPANY (Here insert furl name and address or legal tide of Contractor (Here insert 10 name and address or Test We of Surety) a corporation duly organized under the laws of the State of INDIANA as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HDNTINGTON BEACH (Here insert fuel name and address or legal tide of Owner) as Obligee. hereinafter called Obligee, In the sum ofTEN PERCEi!IT OF THE TOTAL AMOUNT OF THE BID Dollars (S 10% }, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, ou- heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 'PACIFIC COAST HIGHWAY IMPROVEMENTS FROM GOLDEN WEST (Here insert fun name, address and description of pro,;ect STREET TO 22ND STREET (CC1138) NOW, THERFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract wish 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 diVerence 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 thin obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22ND day of MAY, 2001. 2s (/ 1(OW E, DRAKMICHP ASST. WNTARY 6vitne;>s1 PAU INC. DBA EXCEL PAVING C014PMY AAA4^(;P-r-i-n'VPa1) (Seal (Tile) C. P. BROINN, PRESIDENT A. RAPP ' IN FACT (Surety) (Seal' PKated in cooperation with the A me-i:an !hsvtute ofArchitects (AIA) by the Chubb Group of Insurance Companies. The language in ;his document conforms exactly to the language used in AIA Document A310 February 1970 edition Pn�rtE� M For-s i"2-003,Re. 4-,3) MAJRSSM(02SM YS� r •CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califorr_la County of Orange On NAY 2 2 20 before me, Christine M, Rapp, Notary Public Da10 Narna kW T41a ar Oeca/ (e.g. *Jw4 Do*. Nou'y P%00 personally appeared DMLglas A. Rapp #41s) d s -42) 0 personally known to me - O R - ❑ 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 helsheAhey executed the same in his/hedtheir authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, .•-. . CHRISTINE M. RAPP executed the instrument. Q COMM. #1267189 Z a d_ NOTAR�rwOmr.-CALRRM W WITNESS my hand and official seal. r OraAm A COUNTY my Comm. Exp..k,1y 9, 2004 / g �. 1 j / '' w of Noyry P�,c�c OPTIONALr ' Though the Information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudu'ent 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 Ttle(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee O Guardian or Conservator ❑ Other. Signer Is Representing Top 1X UVJ" here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator - r ❑ Other. top of >�n here Signer Is Representing: 0 199S Nr4onM Notary Ammauon. WX R*- , - Ave. P.O. 6= 7164 • Canoga Pam CA 113094164 Pmd. No. 5907 no~ Cas TWm* 1406/7641627 K_j Chubb POWER ' Federal Insurance Company Ann.: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Vx*v,r AA by These Presents. That IF DEM INSURANCE COMPANY. an I diane corpora VML NT MURANCE COMPANY, a New York corps-ation. Ord PACIFIC INDEMNrTY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp And Linia D. Coats of Laguna hills. California --------- —___— --------------- —__�_��_ each as their true and lawful Attonxy-tn-Fact to execute under such designation In their names and to affix their corporate sea'.s to and deriver for and on t1wir behalf as surety thereon or otherwise, bonds (other than bait bonds) and v dertaMigs g1ven or exeWed in the course of Its business (but not to in4ude arty in Moments amending or altering the same, nor consents to the mot fixation tx atteratiort of any instrument referred to in said bonds or obligal ions). In WRrtess Vih*reof, said FEDERAL. MURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each exect tied and attested these presents aid affixed their corporate sea's at this .t: day of eb T `' resyx B. Rob�xts. Assistant SocnKary -m E. Robertson, ►xe nt STATE OF NEW JERSEY ss. County of Somerset On this 24 th dry et_ February, 199 9 _ _- before me, a Nolsry Public of New Jersey. personally arse Sheryl B. RobeRs. to me IA&wn In, be Assistant Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY. and PA.: FiC INDEMNITY COMPANY. a» companies which exeurled the brepoinp Power of Anorney, and the said Sheryl & Roberts being by me dory sworn. did depose and say Mat the Is Assistant Secretary O FEDERAL INSURANCE COMPANY. VIGR.ANT INSURANCE COMPANY, and PAC F1C INDEMNITY COMPANY and bvvn the corporste seals thereof. VW the seals efraed to the forgoing Power of Attorney are such corporate seals and were thereto affaced by sunhoxtry of the By -Laws of said Companies: and VW she sg-ed said Power of Attorney ore Asehilani Socrersry of said Companies by like suti,ody. and trot she Is acquainted with Frank E. Robertson, and knows him io tee Vice President of said Gompaaies: and that the sipaatum of Frank E. Robertson, subre tt ed to said Powwr of Anom" Is in. tM genuine ttarldweitixg of Frank E. Roberti-^ ehd was thereto subscribed by authorfry of said fay -.awes end in Qeponmfs prosom. Nowir I 100TAity, coop isms? : rice }ilxs.0t Extract .hozn the By -Laws of FEDERAL INSURANCE COMPANY Notary Public CERTIFICATION , VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'AE powers of attomey for and on behalf of the Company may and shag 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 Yixe President, Ordly with the Secretary or an Assistant Secretary, under their respective designations. The signature or such officers may be engraved, pd-fed or lithographed. The signature of each of the for -owing otrkars: Chairman. President. any Vice Fresident, 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 ch ifica'e retating thereto appointirg Assistant Secretaries or Attumeys-Iri-Fact for pxpases o* of exembng and attesting bonds and undertakings and other writings obligatory In the nature therecf. and any such power of attorney or certificate bearing such facsimile signature or facsimule awl shall be valid and bind -rig upon the Company and any such power to executed and certified by such facsimile signature aria %:shn k seal "I be valid and Minding upon the Company with respect to any bond or undertakfrg to which it Is attached' I. Sheryl B. Roberts. As3hbrd Secretary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the *Companies) do hereby certify that @ the foregoing exiract of the By-trm of the Companies Is true and correct, (d) the CaTrparlies are duly loaned and Wh rtcad b transact Our* business In 11150 of the United States of America and the Di,bixd of CoArnbia Ord are a thor'wed by the U. S. Treasury Departrrte t Antler. Fed" and Vigilant air 11cerleed in Puerto Riau and the U. S. V.;!n tatands, and Faderal a "r p led in American Samos, Giam and each of the Provinces o! Canada ea mo Prince Edward Island: and (Iii) :he foregoing Fcwer of Attorney is true. correct and in full fcrce ar4 ei;eC.. Given under my hand and seats of said Companies it Warren, NJ this 2ZND day of s W V i AN ey�w YGIL MAY, 2001 7 Gcal/_ C'�1Z e. !7 Sheryl 8_ Roberts. 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: suretyQchubb.com Form 15.104=26 A Mo 1409l NON-00r+S614T State of California County of Los Angeles On MAY 9 M1 before me,Celeste A. Graham, Notary Publi IQATO INAMEMTLE OF OFFICEIti.s'JANE DOE. NOTARY PVOuC'l personally appeared raly Inc,BA fZcel Paying Company OWAM EIS) Of f]GNEAMII C.P. Brown President and Michele E. Drakulich Asst. Secretary ® personalty known to me -OR- ❑ proved to me on the OFFICIAtL- SEAL CELESTE A. GpA�L F�IA N .- NOTARY PUBLIC • C G COV.1•IISS�CN 01145104 r. ± LOS AtISFI.Es Cout4TY a Cornmsscn ExP 1Oif 30.2001 ISEALI asis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityiies), 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. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL_. Reco•ding of this document is not required by law and is also optional. It could, However, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CE•RTWICATS MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Twe or Type of Docurne-I! Number of Pages Date of Document Signerdsl Other Than Na-ed Above RIGHT THUMSPRINT (Optional) Ir a a CAPACITY CLAIMED BY SIGNERIS) OINDrV:DUALISI OCORPORATE OFFICERiSI I71 OPARTNERISI []LIMITED OGENERAL OATTORNEY IN FACT OTRUSTEE(S) OGUARDIAN/CONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Noma of Persono) or EnHtyfleal RIGHT THUMBPRINT tOptionan �{ CAPACITY CLAIMED BY SIGNERfS1 DINDIVIDUAL(SI OCORPORATE OFFICER(SI Rnrt,ESI 10PARTNERISi OLIMITED OGENERAL OATTORNEY IN FACT ❑TRUSTEE (S) OGUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING. INams of Person(s) or Entity(ies) WOLCOTTS FORAM 43240 Ft". 3,94 la-ee clogs 0.2AI �1094 WOLCOTTS FORMS. INC. ALL Ft^*OSt ►CKNOWLEOGMENT %MTN SIGNER CAPA:ITY4SEPRESE4TAnON1TWO HNGERPRiNTS J 91167i775 6i32ui��'I. PALP, INC. DR4 EXCiL PAWING COWPANV 2230 LEMON AVENUE ' ONG BEACH, CA 90805 CITY OF HUNTINGTON BEACH CITY CLERK 2000 MAIN ST 2ND FLOOR HUNTINGTON BEACH. CA "SEALED BID ENCLOSED" PROJECT:PCH IMPVTS CC1138 BID DATE: 5-29-01 @ 2:OOPM RECEIVED CIGITY�OFK HUHTINGTON BEACH. CA 20 F,AY 21 P 1, 53 SECTION C .PROPOSAL for the PACIFIC COAST HIGHWAY IMPROVEMENTS from GOLDEN WEST STREET TO 22ND STREET CASH CONTRACT No. CC 1138 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 uithin 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. "TZ IERCENTOFAMOUi�T }' Accompanying this proposal of bid, find ' , �( in the amount of w i 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: Addendum Date Received Bidder's Sig nature No. C.P. BR N. C-z PRESIDENT • SECTION C PROJECT BID SCHEDULE (Revised per Addendum 1) ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT PACIFIC COAST HIGHWAY FROM GOLDEN WEST STREET TO 22`''D STREET I I Mobilization L.S. Dollars Cents coo - 2 1 Traffic Control L.S. a' _'q,nk '",'Zcc'a ,�Z) Dollars �— Cents $V00- '�Dp e_ 3 1 Unclassified Excavation L.S. Dollars -- Cents 11'000• 1 DCo.� 4 1 Miscellaneous Removals (A.C. Pavement, L.S. Sidewalk, Curb R. Gutter, Signs. Shrubs) @ . 'i VkJL`4 _ Dollars S Centsno CA• ` oo.5 75 Curb and Gutter Type A2-200 pe: CalTrans Std M PIan A87 @ Dollars -- Cents 6 172 Construct 100mm Sidewalk per H.B. Std Plan M'- 207 Dollars -U—Cents 7 1 Curb Ramp Case C per CalTrans Std Plan A88 Each @ ! :a4--e f-n o,17� .[ � Dollars `[� — �' Cents 8 96 Construct Asphalt Concrete Pavement Tonne @ a Dollars Cents'1Io4fl- 9 160 Construct Aggregate Base Tonne @ Dollars n Cents `lfl" icy(CcD. el 1 2 Construct Type OS Drainage Inlet & Gutter Each Depression per CalTrans Std Plan D72 & D78 Dollars r Cents �c ��• 11 56.5 Construct 450mm RCP 2000-D with Concrete M Encasement @ Dollars Cents C-1s V4 • ITEM ESTIMATED ITEM WITH UNIT PRICE WRITTEN IN UNIT PRICE EXTENDED NO. QUANTITY WORDS AMOUNT 12 5.5 Construct 750 mm PCP 1250-D with Concrete ht Encasement Cn e_��� 1C� Dollars Cents ' qcM, ool 13 1 Construct Junction Structure Type D per H.B. Std Each Plan 313 C��C e ens� Dollars - _ ... Cents 14 18 Construct CNIU Retaining Wall Nt @ � ` A\v 1c ) Dollars Cents 15 6 Relocate or Reconstruct Water Service per H.B. Each Std Plan 602 C�n�4' evt �1.�r`-lr Dollars Cents 1 �� i g4 Do. 16 1 Abandon or Remove Water Smice Each @ i\ ; ne Dollars - Cents Q co• — Ct oU.� 17 2 Relocate Sign Each C A&` ayr�lS 1 �1;.1 Dollars - Cents :�Srb 18 3 Relocate Tree Each @ tt e- '1XV,0So1 ,Dollars -- Cents O 01D DOD. 19 1 Abandon Storm Drain Inlet Pipe Each -tom IZ�r •cam _ __Dollars -- Cents 00. 20 1 Install Fire Hydrant per H.B. Std. Plan 607 Each @fir X,�V,�Wsn,l . Jam_ Dollars TCents usco.,� 21 2 Install Edison Owned Street Light MH = 9.14m, Each MA = 1.83m. 200 W HPS C c-%,, f_�� n )2'ksC` 1Dollars lCents f IQtO . 22 1 Tmffic Signal Modification L.S. C, 1 C ars Cents 23 1 Adjust Pull Box to Grade Each @� � �1' 1 S e w Dollars Cents S -1 O r S 7 p• �- Total Amount Bid in Figures: 3 gX, Total Amount Bid in Words: e. 1at C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render smice 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. 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 Hill be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 BIDDER'S INF01UNTATION BIDDER certifies that the following information is true and correct: PALP. INC. D3A EXCEL PAVING COMPANY Bidder Name 2230 I-EMON AVENUE LONG BEACH. CA 90806 Business Address City, State Zip c J552) 5994841 Telephone Number STATE LIC, 688659 W State Contractor's License No. and Class ll-kyR 1 Original Date Issued Expiration Date The %vork site was inspected by �Q�,VI Wof our office oA-Iryo j .2001. The following are persons. firms, and corporations having a principal interest in this proposal: PALP. INC. DBA EXCE! PAVING COMPANY CUFF P. BRM, MOttetr s CAROLYN1 BROWN,WWAyt CH1EFRKW9 OFRal GEORGE R. VWPAE, SW Gt V1tE l MDW Ct1= P BROWN N. hcF Pnow BAUCE E. RATT, YKE POW -( .E E. 10 H I ;H lctrM SaW C-9 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED `VITH BID State of California ss. County of Orange C•P. 880" , beingf�S t x m, deposes and says that he or she is �'�L��'r��.�.� P Y PR�S1nrUT of the party making the foregoing bid that the bid is not made in the interest o , or on t e behalf of, any undisclosed person, pa..-tnership, 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 %pith 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 anv member or agent thereof to effectuate a collusive or sham bid. PALK INC. DBA EXCEL PAVING COMPANY Name of Bidder Signature of Bidder C.P. BROWN, PRESIDENT 2230 LEMON AVENUE LONG BEACH, CA 90006 Address of Bidder Subscribed and sworn to before me this day of MAY 2 9 2M001. NOTARYPUBLIC NOTARYMAL C4 State of CALIFORNIA County Of LOS ANGELES OnMY 29 2W1 before me, .Celeste A. Graham, Notary Pub: CATE) 9vAMErriTLE OF OFFiCERr.e.'JANE DOE. NOTARY PUBUC' personally appeared Palp Inc. DBA Excel Paving Company by MIAMEISI OF SIGNERWI C.P. Brown President 0 personally known to me -OR- 0 OFFICIAL SEAL �. CELESTE A. GRAHAM In ,�' NOTARY PUBLIC-CALIFORNIA 6? `` s# COMMISSION 6 1145104 C LOS ANGELES COUtrrY MY COmm.Ssion Ease. July 30, 2001 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 tome that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrumentthe personts), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. )SEAL) (_/�w - ISIG 'A RE OF NOTARY) ATTENTION NOTARY F The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It would, however, prevent fraudulent attachment of this certifi :ate to any unauthorized document. TI- S CERTIFICATE Mt. ST BE ATTACHED TO THE DOCUMENT DE UAMED AT RIGHT: Tak or Type of Document Number of Page9 Date of Document Sgnedsl Other Then Nanrd Above RIGHT THUMBPRNT lOptionaq P 0 r CAPACITY CLAIMED BY SIGNER(S) OINDIWDUAL(S) OCORPORATE OFFICERIS) It+.use QPARTNERISI OLIMITED OGENERAL OATTORNEY IN FACT OTRUSTEEIS) OGUAROIANfCONSERVATOR OOTHER: SIGNER IS REPRESENTING: (Name of Personle) or Enthypeal RIGHT THUMBPRINT (Optioned a a CAPACITY CLAIMED BY SIGNERISI OINDIVIDUALIS) a CORPORATE OFFICERIS) MnJE! l OPARTNERIS) OLIMITEV OGENERAL OATTORNEY IN FACT CITRUSTEE(SI ❑GUARDIANICONSERV ATDR 130THER: SIGNER IS REPRESENTING: (Name of Parsan(s) or Entlty(las) WI:LCOrtS FORM 63240 Rev. 3.94 1a.ice e1wa 6-2A1 01994 WOLCOTTS FORMS. INC. AL% PURPOSE ACKNOWLEDGMENT %ATM SIGNER CAPACITYMEPRESENTATIONAWO F[NGERPRINTS J 7 ""Of115 O5e4Lr+' 8 1 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 PACIFIC COAST HIGHWAY IMPROVEl4IEN'TS, (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: MAY 2 9 20Q1 C.s PALK INC. D8A EXCEL PAVING COMPANY Contractor � N,r✓ By G.P. BROWN, PRESIDENT Title DISQUALIFICATION QUESTIONNAIRE In accordance v ith 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 othenvise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 13 No If the answer is yes, explain the circumstances in the space provided. Vote: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-b 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. MAY 2 9 2001 Date: Ca PALP.In. DBA EXCEL pAVING COMPANY Contractor By C.P. BROWN, PRESIDENT Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the ay.arded 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 1-8004224133 a minimum of t«•o workinn days before scheduled excavation. �CD SuwL�o UP60 WN10 V Wracf Dig Alert Identification Number: PALK INC. DBA EXCEL PAVING COMPANY - Contractor By C.P. BROWN, PRESIDENT Title Date: MAY 2 9 2001 Note: This form is required for every Di; Alert Identification Number issued by U.S.A. during the course of the Mork Additional forms may be obtained from the AGENCY upon request. C-8 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. PALK INC. DBA EXCEL PAVING CIDMPA14Y Company Name Signature of Bidder C.P. BROWN, PRESIDENT Printed or Typed Signature Subscribed and sworn to before me this _ day of , 2001. NOTARY PUBLIC NOTARYSEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. SEE ATTACHED Name and Address of Public Agency s. Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Dane Completed C-10 State of CALIFORNIA County Of LOS ANGELES On 5t-o before me, Celeste A. Graham, Notary Publ PATE} CRAMEfrITLE OF OFFiCERi.9-'iANE DOE, rtOTARY PUSOC'l personally appeared Pala Inc. DBA Excel Pavinlz Company by PIAME151 OF SGNERIS)l C.P. Brown President 11 personally known to me -OR- ❑ OFFICIAL SEAL CELESTE A. GRAHAM NOTARY PUBI IC-CAUFORMA COP0.611SSION f11143104 C LOS ANGELES COUNTY � My Comf Assion Exp. July 30, 2001 ISEALI �roved to me on the asis 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 hislher/their authorized capacity(ies), and that by his/her/their signaturels) 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. ATTENTION NOTARY Tl:e information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by lave and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. ThtS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Tide oF Type of Document Nun wof Pages Date of Document S;grmisl Oe w Than Named Above RIGHT THUMBPRINT IOptkwun CAPACITY CLAIMED BY SIONERISI CINO[VIDUALISI 000RPORATE OFFICERISI InTUA PPARTNERISI OLIMITED ❑GENERA!. OATTORNEY IN FACT ❑TRUSTEEISI O GUAROIANICONSERVATOR OOTHER: SIGNER IS REPRESENTING: IName of Personlsl or EntkYfssl RIGHT THUMBPRINT (Options!! CAPACITY CLAIMED BY SIONERIS) CWDIVtDUAL(SI OCORPORATE OFFICEMS) rnTase OPARTNER{SI OLIMfTED ❑GENERAL OATTORNEY IN FACT OTRUSTEEtSI OGUA RDIAN/MNSERVATDR POTHER: STONER IS REPRESENTING: (Name of Person(s) or Entit0esl Iwe .corrs FORM 63240 A-. 3-94 Im" tine 9-2A1 1994 woLCOTTS FORMS. INC. AU iKaIAOSf ACXNONM1EDGME4T yNTN SIGNEA CAPACITYIREPRESfNTAT10NRW0 FINGERPRINTS � 7 u"67775-632 %4 , City of Huntington Beach _ Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1 573 ADDENDUM NUMBER ONE For PACIFIC COAST HIGHWAY IMPROVEMENTS CC-1138 May 10, 2001 Notice To All Bidders: Please note the following revision to the Project Plans, Specifications, and Technica! Provisions: This addendum shall address construction to provide access from the recently constructed bus pad on Pacific Coast Highway, north of Goldenwest Street The attached exhibit shall be used for bidding purposes. The attached Bid Sheet shall be used and has been modified to add new construction notes and revise quantity estimates. final design will be approved by the City and Caltrans as Revision 2 to the Drawings. Also, Construction Note 24 shall be removed from the construction documents as the chain link fence referenced was for temporary construction and has been removed. Also, Note that the Contractor shall be responsible to contact Bill Battory with OCTA at (714) 560-5912, soven days prior to removal of the existing bus stop sign located on Pacific Coast Highway between G oldenwest Street and 221 Street. This is to acknowledge receipt and review of Addendum Number one, dated May 10, 2001. PALP. INC. DBA EXCEL PAVING COMPANY LAA-� Company Name By C.P. BROWN, PRESIDENT MAY 2 9 2W Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call Todd Broussard at (714) 536-5247. 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: 33 years experience working for other general contractors with the past 22 years being self- employed in own general engineering contracting business. 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 Co., a California corporation (the "Corporation"), hereby certifies that the persons named below are, on and as of the date hereof, the duly qualified, elected and acting Officers of the Corporation holding the office set forth opposite their names below, such officers being authorized to sign, in the name of and on behalf of the Corporation. Curtis P. Brown President and Chief Operating Officer Carolyn J. Brown Secretary and Chief Financial Officer George R. McRae Senior Vice President Curtis P. Brown III Vice President Bruce E. Fiatt Vice President Michele E. Drakulich Assistant Secretary IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the date set forth below. Date: January 2001 /Iol arolyn raw a tary EXCEL PAVING COMPANY P.O. BOX 16405 A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806-5195 STATE LICENSE NO. 688659A (562) 599-5841 F CREDIT APPLICATION FAX (562) 591-7485 Excel Paving Company 2230 Lemon Ave. P.O. Box 16405 Long Beach, Ca. 90806-5195 Telephone No.: (562) 599-5841 Fax No.: (562) 591-7485 or (562) 599-3679 Type of Business: Paving and Grading Contractor Contractors License No.: 688659 A Excel Paving Company is a Corporation Owner. Palp, Inc. 2230 Lemon Ave., Long Beach, Ca. C.P. Brown, President In Business since: 10/81 In Location since:10/81 Leased: Brown & Mills Property Financial position is on file with Dun & Bradstreet, Rating 3A2 SIC No.1611 Bank: Pacific Century Bank - Branch: Signal Hill Telephone No. 562 988-9840 Address: 2633 Cherry Ave., Signal Hill, Ca. 90806 Account Representative: Liz Acres Checking Account No.: 05-14-002591 References: Vulcan Materials 323-258-2777 FAX 323-254-6102 ILE.H. Trucking 909-591-0871 FAX 909-591-0506 Blue Diamond Materials 714-578-9600 FAX 714-449-2831 Con -Lee Equipment 562-905-1844 FAX 562-905-1845 "Special Billing Requirements" Invoices must Show job Number to insure speedy payment. I certify that the above information is true and correct, and that we can and will comply with your terms. C - C.P. Brown Date EXCEL PAVING COMPANY P.O. BOX 16405 A GENERAL ENGINEERING CONTRACTOR LONG BEACH, CA 90806-5195 STATE LICENSE NO. 688659A (562) 599-5841 FAX (562) 591-7485 Reference List As of May, 2000 1. City of Long Beach 333 West Ocean Boulevard Long Beach CA 90802 Gillis Munroe, Chief Construction Inspector (562) 570-5161 2. Burbank -Glendale -Pasadena Airport Authority 2627 Hollywood Way Burbank CA 91505 Dan Feger, P.E. (818) 840-9456 Or (818) 840-8840 3. Los Angeles County Public Works 900 South Fremont Avenue Alhambra CA 91803 Gary Hartley, Construction Division (626) 458-3100 EXCEL PAVING COMPANY A GENERAL ENGINEERING CONTRACTOR STATE LICENSE NO. 688659A Bonding Agent: Rapp Surety Services 23461 South Pointe Drive Suite 345 Laguna. Hills CA 92653 Contact: Douglas A. Rapp Office: (714) 457-1060 Fax: (949) 457-1070 Surety: Federal Insurance Company C/O Surety Department 801 South Figueroa Street 23`d Floor Los Angeles CA 90017 Insurance Carrier: If) 7 P.O. Box 30127 Los Angeles CA 90030-0127 The Wooditch Company One Park Plaza Suite 400 Irvine CA 92614 Contact: William Wooditch Office: (714) 553-9800 Fax: (714) 553-0670 P.O. BOX 16405 LONG BEACH, CA 90806-5195 (562) 599-5841 FAX (562) 591-7485 f aaafa.ftlaf rw aif arr,• H raa.*...arafl.OH1a111a Nla H►NrraaHNr toafa. arf wf aaaa aaa oar a"aH H► a.aHHH►a a1.►f.af6aaa•faf f of rf. 600a44 doMHtlHHgHHIH/aaaHl N►a►HHf rHHHHHa•ra►HHHHH•HI PAGE 1 JOB NUMBER LIST 10-Mar-2000 f►ffaH a to a..•afro•M\r..ffia.r. at. a%.ff.fo•riffafHr•a Hfiiff M1ffr\.11r.1.rH.►1•a1ri1•raff ofoaas//ar,r1••/11.«......wf.wfa.■ f•.f a as as r/a► ,a1r..r.....■.•.......... a of aHaarraH►►I.rf•ifafafr}rf"Of CONTRACT CONTRACT PERCENT DATE JOB# OWNER LOCATION CITY AMOUNT COMPLETED wFa==rwms==xx_s_ _x ==c x== F=Sa s==p ===ax:nssssssassxnac=: zss cxz Fsaszs==Fs:F==ssxar xxxxaorxa� exxsFxxra=sx.sssxSSSSSSSFs,3Srs3=3:�Sli7R F! F FCx:! lSSt .faa►a 11r30199 03/09M0 3567 LACPWD AMMAN AVE WHITTIER 67,226 0°% 03109r00 3M BENCHMARK 117H 3 WASHINGTON SANTA MONICA 50,858 0°% 03/07/00 3585 HATHAWAY DINWIDDIE CONST FOX -NEB PKG STRUCTURE LA 11,000 0°% 03/07r00 3564 QUEEN MARY 1125 QUEENS IdWY LB 2.000 011% 03106/00 3563 LSUSD JAMES MONROE ELEM SCHOOL LB 208,970 0°% 02/22100 3562 ANAHEIM, C/O HARBOR BLVD ANAHEIM 422,303 0°% 02/22/00 3561 TORRANCE, C/O 98199 CURB/GUTTER & SlW TORRANCE 1,874.388 0°% 02111= 3560 PORT OF LOS ANGELES ALAMEDA 6 B ST WILMINGTON 2,293,456 0% 02/07/00 3559 CALABASAS, C/O MULHOLLAND HWY 8 CYN DR CALABASAS 639,370 0°% 02/04/00 3559 LA,CPWD CLARION DRIVE LA 262.375 0% 07JO4100 3557 FELIX MECHANICAL HYPERION EL SEGUNDO 7,920 0°% 02103100 3559 LONG BEACH, C/O - 12TH & OREGON LB 217.855 0°% 02/01100 3555 KRISMAR CONSTRUCTION MEDIA STUDIOS NORTH BURBANK 3,430 0°% 02/01/00 3554 HATHAWAY DINWIDDIE AMGEN BLDG THOUSAND OAKS 04.109 0°% 01/27/00 3553 LACPWD LONG RIDGE AVE STUDIO CITY 865,550 0% 01/24/00 3552 REDONDO BEACH, C/O TORRANCE CIRCLE LD AREA REDONDO BEACH 16,767 0°% 01/21100 3551 AMELCO ELECTRIC PIER J LB 1,200 0% 01/20100 3550 BURBIGLENIPASA ARPRTAUTH RUNWAY 33 REHAB BURBANK 432,945 0% 01/20100 3549 CALEX ENGINEERING PUENTEILAMBERT BREA 99,525 0°% 01117100 3548 PDS BUILDERS, INC ROAY & MADERA SIMI VALLEY 2.217,131 0°% 01/13/00 3547 CAMCO PACIFIC 13521-29 CRENSHAW HAWTHORNE 1,889 0°% 01/12/00 3548 CALCARTAGE 2401 E. PCH WILMINGTON 150,430 0°% 01/07/00 3545 CALEX ENGINEERING PCIVCOASTLINE DR FERNWOOD 61,350 0°% 01/05f00 3544 MATT CONSTRUCTION SKIRBALL CURLTURAL CENTER LA 02,012 0°% 01/05/00 3543 VARGAS CONSTRUCTION 1741 OLD RANCH RD BRENTWOOD 3,726 0°% 01/05100 3542 WINDJAMS DEVELOPMENT GOSHEN AVE LA 31,973 0°% 01/03/00 3541 ANASTASI DEVELOPMENT 1500 OCEAN BLVD LB 72,000 0°% 12/31/99 3540 CALEX ENGINEERING 3701 W. OAK ST. BURBANK 24,100 0•% 12/29/99 3539 WALT DISNEY FREEDMAN S CLEMENTINE ANAHEIM 2.703,684 0°% 12117r99 3538 LAGUNA BEACH, C/O 20530 LAGUNA CYN RD LAGUNA BEACH 25,622 0% 12109M 3537 PICO RIVERA. C/O CITY STS UPGRADE-VRS PICO RIVERA 378.392 0% 12128/99 3536 COPLEY LA NEWSPAPER DAILY BREEZE TORRANCE 68,073 0°% 12/06/99 3535 SWINERTON is WALBERG LOYOLA MAARYMOUNT UNIVERSITY LA 16,644 0% 12/03199 3534 PCL 1401 SEPULVEDA BLVD, LA 9,475 0°% 1113"0 3533 IT CORPORATION 10415 S. ALAMEDA ST LYNWOOD 17,673 0°% 11123199 3532 SIGNAL HILL, C/O ORANGE S SPRING SIGNAL HILL 1 70% 11119199 3531 LA PALMA. C/O MOODY AT CRESCENT LA PALMA 542.045 1% 11/10/99 3530 PIPECON CONST. 2300 E. PCH WILMINGTON 1,700 52°% 11r10199 3529 MCCARTHY HOAG HOSPITAL NEWPORT BEACH 4,000 39°% 11/10A9 3528 DAMON CONSTRUCTION BUNDY DR / SUNSET BRENTWOOD 7,660 1% 1 i108/99 3527 TOOMEY INDUSTRIES 2400 E. TOTH ST LONG BEACH 4,000 80°% 11/04199 3528 PARAMOUNT C 1 O ST RESURF S MEDIAN ISLANDS PARAMOUNT 532,293 1% 11/03/99 3525 SANTA MONICA C/O 1998/99 ST RESURF! PICO BLVD SANTA MONICA 5,145,682 1'% 10/27/99 3524 W.D.1, WALNUT ST. J CERRITOS AVE. ANAHEIM 68,620 33°% 10/26/99 3523 PALISADES PRIDE, INC. SUNSET BLVD. LA 74,148 87°% 10/25/99 3522 MATT CONSTRUCTION CORP. 401 W. FLORENCE INGLEWOOD 69,200 2% 10/14/99 3520 RD OLSEN HOLLYWOOD HYATT HOLLYWOOD 8,246 80'% »f f •a •f»af •w Haffar• •laHaNlafaaf t•►Nf •lilt trr ••iaa• •»fat tU»a»aa H•w•Nf f rN• a1»»a»•»af rr/»N»•aN»ari Mar•»►H•»a■ rraa»a} Nf»Hafra»•IIq Ha Nyir»I •»I»f ••»•Nfw•arf a»rf as as»a PAGE 2 JOB NUMBER LIST 10•Mer-2000 afaa►arf►►tf f w to rat* r tMraf of ar a faraf ra rH ••rrtrar»r•raf a a•a•a•rf»faitHaY••»fa seems of ralaMt»• r•/»r1»faNNat/f aataHHa/Haaaa■f f a t $ rain a r r rrlNa,a,aaHasa • as as saaa•r.aaasr•►s a'.aa►sf t»a atrrl»r CCINTP.A.CT DATE JOB# OWNER LOCATION CITY CONTRACT PERCENT AMOUNT COMPLETED eE:m===Znrr3aiillsJisxT.*13sazaxsxx'Ss7x=LLeLiS--L%=NoCCrLxxwT'i=Cx'15'2x3�LL2L1L_:nasxxssa�sn_r aargf 11/30/09 10/06199 3519 MONTEBELLO C / O PARAMOUNT BLVD. MONTEBELLO 00,805 1% 10/11/99 3515 CALTRANS AZUSA WEST COVINA 884,297 1°% 10/08/99 3517 HOAG MEMORIAL HOSPITAL HOAG HOSPITAL NEWPORT BEACH 59,762 91°% 10108/99 3516 PDS BUILDERS 13921/2 MADERA RD. SIMI VALLEY 704,592 30% 10/08199 3515 PCL CONSTRUCTION HOPE ST. PKG. LA 15.000 99,9°% 09/23/99 3514 CALTRANS WESTERN AVE. TORRANCE 174,619 48% 09/13199 3513 SANTA ANAC10 VARIOUS SANTA ANA 238,450 3°% 09/13/99 3511 TECTONICS CONST. IMAS SANTA MONICA 307,181 65°% 09110199 3510 LYNWOOD CIO HARRIS, BARLOW, & POPE LYNWOOD 215,710 S98/0 09/09/99 3509 DIAMOND BAR C/O GOLDEN SPRINGS DR. DIAMOND BAR 2,054.921 32% 09107/99 3507 SIMI VALLEY CIO SYCAMORE DR. SIMI VALLEY 655.118 86% 09107M9 3506 HATHAWAY DINWIDDIE 3800 KILROY AIRPORT LONG BEACH 52,022 60°% 09/01199 3505 SIMI VALLEY C/O AST ST. SIMI VALLEY 810,615 86°% 08/30199 3503 LACPW DENNISON ST. COMMERCE 267,400 1% 08/24/99 3502 CENTEX ROGERS CONST. 215 W.JANSS RD. THOUSAND OAKS 72,144 1% 08/28I99 3501 L.A.C.P.W. ROAD DIVISION 445 SANTA FE SPRINGS 279,888 1°% 09102199 3500 KENDRICK CONST. ALCOA & FRUITLAND VERNON 245.320 50% 08125M9 3499 MOORE ELECTRIC VARIOUS STS PATCH L.A. 235,000 58% 08/23/99 3498 HATHAWAY DINWIDDIE CONST. 9425 PENFIELD AVE CHATSWORTH 30.000 24°% 08/19/99 3497 SWINTERTON 3 WALBERG SONY PICTURES CULVER CITY 7,631 91°% 08/18199 3498 GLENDALE.C/0 ANNUAL. GUTTER & ST. RESURF GLENDALE 1.784,643 20% 08109199 3495 GLENDALE, C/O ANNUAL. ST. RECONST. GLENDALE 514,320 57% 08/03/99 3494 MOORE ELECTRICAL VARIOUS STREETS BOYLE HEIGHTS 78,470 0°% 07/28149 3493 DIAMOND BAR, C10 GOLDEN SPRINGS DR DIAMOND BAR 742.593 93% 07/27/99 3492 CURTIS SCHOOL FOUNDATION 15781 MULHOLLAND DR • LA 157.235 82°% 07/27M 3491 SULLWAN CONCRETE STAPLES CENTER LA 78,440 99.9°% 07123/99 3488 INGLEWOOD, CIO 99 HEATER REMIX/RESURF INGLEWOOD 216,570 99.9% 07/22/99 3487 NORWALK, CIO ALONDRA 6 NORWALK BLVD NORWALK 4D9,330 74% 07/21/99 3488 LACPWD DUFF AVE INDUSTRY, C/O 509.305 86°% 07115M9 3485 SANTA MONICA, C/O IIth & 14th ST. SANTA MONICA 718,167 3°% 07/07/99 3484 LACPWD ANKERTON ST INDUSTRY, CIO 948.629 97°% 07102/99 3482 UCLA TIVERTON NORTH LA 34.270 93% 07/01/99 3481 PASADENA, C/O GARFIELD & UNION PASADENA 79,324 99°% 06126M 3479 BAYLEY CONSTRUCTION DOWNTOWN DISNEY ANAHEIM 37.387 60% 06128199 3475 LAGUNA HILLS, C/O PASEO DE VALENCIA LAGUNA HILLS 668,467 86°% 06/25/99 3477 GARDEN GROVE, C/O WESTMINSTER ® BROOKHURST GARDEN GROVE 647.701 69°% 08/17199 3474 SIMI VALLEY, CIO YOSEMITE AVE SIMI VALLEY 614,326 08°% 08/15/99 3472 MONTEBELLO, C/O VARIOUS ST IMPVTS MONTEBELLO 216,760 73°% 08110/99 3471 SIMI VALLEY, CIO IaVLA 6 COCHRANISYCAMORE SIMI VALLEY 1,128,117 84°% 06109199 3469 PCL CONST STAPLES CENTER LA 187.549 99 9°% 05/12/99 3403 BARNES CONSTRUCTION LA CENTER STUDIOS LA 218,494 98% 05113/99 3462 ADVANCO CONSTRUCTORS T.I. TREATMENT PLANT SAN PEDRO 11000 1°% 05/11/99 3461 WEST HOLLYWOOD, C10 SUNSET BLVD WEST HOLLYWOOD 455,498 99°% 05MV99 3460 PORT OF LONG BEACH PIER T LB 33.481.910 37% 05/03199 3458 LOS ANGELES, C/O TEMESCAL CYND RD BIKEWAY LA 328.470 82% 04/30I99 3455 ST FRANCIS MEDICAL CENTER 3830 E. IMPERIAL LYNWOOD 90,708 12°% 04128/99 3454 BNSF H08ARTYARD VERNON 5,123,53t 91% «rHaMaraaaHrMNrwr«rriwrr,rrira/«NiMwwNMaarrrrrraNNra/ralawaaaNfa.Maf�H.aiiiirar�aaaawy.aali Miaaa►rlaaalwiraarYri Harariraaa.�ararawrawaraaw Mwai.aHa.r.wiaaaiaarai.lNw►waa}fiaaaMi K/NFY1fa Miaaw � PAGE 3 JOB NUMBER LIST 10-Mar-2000 arMrrriarir r•«Nr•rraar•rrarrrraayrr.r.iwwrNrai«aar.+aaaaaaa.wa.aia«.«.�ri.. i....a.uaa. �auaa.-.....,,.p..aarf H r 11au a a4.+sari........w.ra.rw.w.ar.�.rrrllaaara.w.aiawrww.a.«w.M�ri..aiaMiKaaaarrararir• CONTRACT CONTRACT PERCENT DATE JOB# OWNER LOCATION CITY AMOUNT COMPLETED rarssrrsraeaars�aawra�asrssesasasarqsasaraaaarraa:rr:saarraaassssaaasatxx=esssaaassam:rss�arrssrsrrsser;srsssssssaaswaaarrra�srss�ssssaQsaarr 11/30/98 04120/99 3452 OLSON. R.D. NEWPORT COAST VILLAS NEWPORT BEACH 174,000 49°l0 04VID9 3451 HOWARD S WRIGHT CONST BEACH CRY CHEVROLET LB 158,223 96 % 04/01/99 3448 LAGUNA BEACH. C/O HILLEDGE]BLUMONTIMYSTIC LAGUNA BEACH 221.280 99.9°% 03130M 3444 JOHNSON CONSTASSO INC. BEENG (CYROGENIC TEST FACIL) HUNTINGTON BEACH 120,854 45°% 03/22/99 3440 PLACENTIA. CIO ALLEY IMPVTS., VRS PLACENTIA 213.803 30°% 03115M 3436 LONG BEACH, CIO VRS LOCATION SM IMPVTS LB 964,274 91°% 03115*9 3434 ARCHER SCHOOL FOR GIRLS SUNSETS BARRINGTON LA 1.032.619 99°% 03103M 3432 IRVINE COMMUNITY DEV CO JAMBOREE Q BRYAN TUSTIN 1,441.528 980A 01/26M 3418 MATT CONSTRUCTION OAKWOOD SCHOOL HOLLYWOOD 67,643 90% 01/13199 3416 DINWIDDfE CONSTRUCTION PIONEER 8 CENTRAL GLENDALE 39,617 98°% 01/07M 3414 CALTRANS GLENDALE FWY RAMPS LA 602.040 W/6 01/04/99 3411 HERZOG CONTRACTING 4TH ST SANTAANA 29.130 91°% 12f0i/98 3397 LOS ANGELES, C/O VALLEYHEART DR LA 248.878 95°% 11130MB 3395 C.T. & F., INC. HOLLYWOOD & HIGHLAND HOLLYWOOD 90.957 96°% 11109198 3385 NELSON & BELDING CONT HERITAGE PARK CULVER CITY 217.325 79% 10112/MB 337G SANTA ANA CIO 4TH ST IMPVTS SANTA ANA 3,058.712 W/o 10/07/98 3369 NELSON & BELDING CONST OCEAN TRAILS DR RANCO PALOS VERDES 209,682 99.9°% 091m198 3348 MATT CONSTRUCTION IRVINE RV STORAGE IRVINE 719,021 99.9°% 08118198 3342 PECKIJONES COMMONS AT CALABASAS CALABASAS 1,330,848 99.V/0 07/29/98 3327 SANTA CLARMA. CIO 97/98-98-99 ANANUALVARIOUS SANTA CLARITA 4,092,472 98°% 07/17/98 3323 TORRANCE. C/O PRAIRIEAVE TORRANCE 2.224,627 99°% 03/31/98 3249 LONG BEACH, PORT OF PIER J LS 7.793.398 92°% 03/04/98 3238 PECKIJONES CONST HOAG HOSPITAL NEWPORT BEACH 49,442 99.9°% 02102/98 3227 PORT OF LONG BEAC14 OCEAN BLVD LB 10,415,845 96°% 01/19/98 3219 CT 8 F. INC LOS FELVJSILVERLAKE LA 23,740 99.9°% 01/18/98 3218 S.J. AMOROSO CONSTR CO 4048 LAFAYETTE CULVER CITY 1,932 99.9°% 01115/98 3213 ORANGE, COUNTY OF BEACH BLVD ORANGE 6.422.408 09°% 12/23/97 3202 STANTON, CIO CERRITOS AVE STANTON 582,902 996% i2li9197 3201 IRVINE. C/O JAMBOREE ROAD IRVINE 4,294.249 09°% 09=197 3151 TUTOR-SALIBA,PERINI METRO RED LINE LA 07,158 65% 08/28197 3138 LA, C/0 FIGUEROA ST LA 668,834 99.9°% 06/17197 3093 TUTOR-SALIBA-PERINI JV 309 N. VREMONT AVE. LA 122.425 99.9% 06/11/97 3085 CALTRANS 101 Ft'VY LA 991,895 99.9% 05/13197 3087 LOS ANGELES, C/O WASHINGTON BLVD LA 1,030,178 99.9°% 04/11197 3048 LOS ANGELES, C10 ANGELO DR LA 128.449 99.9% 03/14/97 3030 LA, C/O NORMANDIE AVE LA 683.955 99.9°% 030/95 2576 CALTRANS RTE 91/110 SEPERA107-110294 GARDENA 10,241,181 99.9°%