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HomeMy WebLinkAboutELITE BOBCAT SERVICE - 2003-04-07RECEIVED BY: (Name) 4-oV (Date) Loij, 111Z;V1j CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: i -Ai —� SUBJECT: Bond Acceptance r I have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No.17 Q Approved (Council Approval Date) r a^ Agenda Item No. City Clerk Vault No. L — �r�l7m #27 gJfollowup/bondletter doc • 41- CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: THOSE LISTED HEREON FROM: James Jones, Maintenance Operations Manager?. DATE: January 12, 2004 SUBJECT: Retention Release Payment Company Name: Elite Bobcat Services Address: 1320 E. Sixth Street City, State and Zip Code: Corona, CA 92879-1700 Phone Number: (909) 279-6869 Business License Number: A207722 Local Address: N/A Completion Date: September 9, 2003 Contract Purpose: Reconstruction of Nantucket MSC-419 Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. Date Robert F. Beardsley, Public Vks Director certify that there are no outstanding invoices on file. 0 Date ha i Vreidenrich, City Treasurer rna;n I certify that no stop notices are on file on the subject contract, and that a @* and has been filed with this office. Date Connie Brockway, City • • January 14, 2004 Attn: Jason City of Huntington Beach City Corporation Yard 17371 Gothard Street Huntington Beach, Ca 92647 IF. 113 INC. ELITE BOBCAT SERVICE GENERAL ENGINEERING Project: Reconstruction and Improvement of Nantucket MSC - 419 Re: Project Completion Documents Jason, Please find attached the information required for the above project. 1. Maintenance Bond CA 6At6,N,h4J `-"� 4wC. Td 2. Original Certification of Compliance 3. Original Declaration of Satisfaction n%d /00 /-7 ,,qL- 4r.,J 7?761S .TDi3 I hope this meets with your approval, please let me know at your earliest convenience if you require any additional information. Sincerely, Sar S w EBS, nc. Attachments 1320 E. SIXTH ST., SUITE 100 • CORONA, CA 92879-1700 • OFFICE: (909) 279-6869 • FAX: (909) 279-6832 • • City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title At of the Civil Rights Act and Equal Employment Opportunity Act of 1972 t Gentlemen: The undersigned, contractor on: Pfgect No. Trt/e � � ��� 'z—%3AV-P' hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. -- -- — . --- --- _ - -. (Signature dnd Title) 'Ares . l &RC . APPROVED AS TO FORM ;JE IFER WGRATH, City Aa mq, s.r,1, s� / uty City Aumv 12 1 Y /0 g_tottowup\cashconft"hcon 1.doc prooedure i114 1.V 0 • DECLARATION OF SATISFACTION OF CLAIMS, state: (Name 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: 1MS_C Z 41 °I ' TEU (ROMff. 0 and dated � B , �D3 ��� & W V' 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full_ 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at C,Qyw-u «w on this —77 day of — , 20W (Locadon) g,fo11owup\cashconAcashcon2.doc procedure #15 (S;gnafum Contrector) A PPRO VED AS TO FORM a91�NIFER McGRATH, C�ey,�,y AArab SIZ .P-q, C!: Amw y a�- GxEAxE T INSURANCE COMPANIES MAINTENANCE BOND Bond No. 5443776 PREMIUM: INCLUDED PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, Elite Bobcat Service, Inc. as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of California as Surety, are held and firmly bound unto city of Huntington Beach as Obligee, in the sum of Two Hundred Six Thousand Seventy -Six & 35/100 Dollars. ($206,076.35) DOLLARS, for the payment whereof well and truly to be made, and Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 13th day of January 2004 WHEREAS the Principal and the Obligee have entered into a written agreement dated the 16th day of May , 2004 , for Reconstruction and Improvement of Nantucket MSC-419 the terms of which agreement were completed and accepted the 9th day of September 2003 ;and WHEREAS the Principal has given a one (1) year maintenance guarantee under said agreement or otherwise against defective materials and workmanship. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply with such guarantee, then this obligation to be void; otherwise it shall remain in full force. PROVIDED that no right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein; and PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the one (1) year year maintenance period. Elite Bobcat Service, Incc.. r� Principal Countersigned: Joseph A. Nanci-Presidenvso_ GREAT AMERICAN INS,1JRAN COMPANY By: By: Resident Agent Attorney -in -Fact David L. Culbertson F.96070 (3/00) IN CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 1/14/04 before me, Sarah D. Shaw — Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Snaai D. SHAW . - _ t6inmbdon #F 1437422 Notary Pubic - Callornlo S' a re of Notary Public ft @ dris County 01MyCoffun. Expiry Sap 2.200 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Maintenance Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES ❑ INDIVIDUAL ❑ PARTNER(S) ❑ OTHER: DATE OF DOCUMENT 1/13/04 CAPACITY CLAIMED BY SIGNER CORPORATE OFFICER President / Secretary TITLE(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) SIGNER IS REPRESENTING: Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENTITY(S) M !"o STATE OF California SS. COUNTY OF Orange 1-13-04 , before me, Lexie Senaood - Notary Public PERSONALLY APPEARED David L. Culbertson personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL LEXIE SHERWOODc 0 COMM. # 1311304 NOTARY PUBLIC-CALIFORNIA 0 i9COMM, ORANGE COUNTY n EXP, JULY 27, 2005 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Great American Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Guarantee Bond TITLE OF TYPE OF DOCUMENT One (1) NUMBER OF PAGES 1-13-04 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT 3 • • GUM ARIERICAN INSURANCE COMPANY* 580 WALNUT STREET • CINCINNATI, OHIO 45202 •513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX POWER OF ATTORNEY No. 0 14046 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY; a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL. CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED RICHARD A. COON LEXIE SHERWOOD CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS W HEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to besigned and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of June 2001 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 19th day of June, 2001. . , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one ormore A ttorneys-In-Fact to execute on behalfof the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when soused being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 13TH 1. day of JANUARY 2004 i • RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating • CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Sidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for A04 (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 Agenda Item No. (Counc# Approval Date) / City Clerk Vault No. CL — 6GY�. 7 fw #27 gJfollowup/bondletter doe GREATAmERICAN- INSURANCE COMPANIES MAINTENANCE BOND Bond No. 5443776 PREMIUM: INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, Elite Bobcat Service, Inc. as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of California as Surety, are held and firmly bound unto City of Huntington Beach as Obligee, in the sum of Two Hundred Six Thousand Seventy -Six & 35/100 Dollars. ($206,076.35) DOLLARS, for the payment whereof well and truly to be made, and Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 13th day of January , 2004 WHEREAS the Principal and the Obligee have entered into a written agreement dated the 16th day of May , 2004 , for Reconstruction and Improvement of Nantucket MSC-419 the terms_ of which agreement were. completed and accepted the 9th day of September .2003 and WHEREAS the Principal has given a One (1) year maintenance guarantee under said agreement or otherwise against defective materials and workmanship. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply with such guarantee, then this obligation to be void; otherwise it shall remain in full force. PROVIDED that no right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein; and PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the one (1) year year maintenance period. Elite Bobcat Service, Inc. Principal Countersigned: Joseph A. Nanci-Presidenvsx - GREAT A�,(� MERICAN INS RAN COMPANY By: By: F- Resident Agent Attorney -in -Fact David L. Culbertson F.96071) (3/00) d U CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 1/14/04 before me, Sarah D. Shaw — Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscnbed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SARAN D. N—W . Le n- wmw 014374n Wfty Pubic - cawww S' of Nomty Public 9wenidtcou* calm- � S6 2. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT. Maintenance Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES I DATE OF DOCUMENT 1/13/04 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER President / Secretary TITLE(S) PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S), ❑ ❑ OTHER: SIGNER IS REPRESENMG: Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENTIW(S) STATE OF California SS. COUNTY OF Orange On 1-13-04 before me, Lexie Serwood - Notary Public PERSONALLYAPPEARED David L. Culbertson personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. � A Signature ri LEXIE SHERWOODi (uj NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY 0 COMM, EXP. JULY 27, 2005 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED . ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Great American Insurance Company Guarantee Bond TITLE OF TYPE OF DOCUMENT One (1) NUMBER OF PAGES 1-13-04 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT 0 • G'ZF U AR ERICAN INSURANCE CONIPMAW 580 WALNUT STREET • CINCINNATI, OHIO 45202.513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX POWER OF ATTORNEY No. 0 14046 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL . CHARLES L. FLAKE RAREN CHANDLER ANAHEIM, UNLIMITED RICHARD A. COON LEXIE SHERWOOD CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of June 2001 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 19th day of _June, 2001. before me personally appeared DOUGLAS R. BOWEN. tome known, being duly sworn, deposes and.says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one ormore A ttorneys-In-Fact to execute on behalf of the Company, as surety, an v and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof -to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: 7bat the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, orother written obGgationin the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually axed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 13TH day of JANUARY 2004 c IMac !11 la7\ 0 • MMQ31NC. ELITE BOBCAT SERVICE GENERAL ENGINEERING January 14, 2004 Attn: Jason City of Huntington Beach City Corporation Yard 17371 Gothard Street Huntington Beach, Ca 92647 Project: Reconstruction and Improvement of Nantucket MSC - 419 Re: Project Completion Documents Jason, Please find attached the information required for the above project. 1. Maintenance Bonc - 2. Original'Certification of Compliance 3. Original Declaration of Satisfaction I hope this meets with your approval, please let me know at your earliest convenience if you require any additional information. Sincerely, Sara S w EBS, nc. Attachments 1320 E. SIXTH ST., SUITE 100 • CORONA, CA 92879-1700 • OFFICE: (909) 279-6869 • FAX: (909) 279-6832 City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certlflcation of Compliance with Title Vil of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: _ li�l�.- t-�_l�'1► I�Uar��r, c�►r,r�1 ! r�� r�tn �- �_� Project No. T►t!a �`4 + t_V;W' hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature nd Title) Josh►-� A-. N � &RC . APPROVED AS TO P017M ;Pu;tYQ6iyA"uarnW FER MGRAM11 �yp�, 2 glollowuplcwhconfteshcon 1.doc procedure #14 1V • • DECLARATION OF SATISFACTION O1F CLAIMS • 4 1 ca , state: (Name 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described In the public works contract entitled: MSC - 41 01 ' Tires. Ram& 0 ifiu_k1Ln and dated D3 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state 'NONE") declare under penalty of perjury that the foregoing is true and correct. Executed at CEO % on this day of , 20� (Location) g.,followup%cashaonticashoon2.doc procedure #15 Z,Z— (ftnature Contractor) 1 Pf. 1 , Fks .Ise( . A PPRO vW AS TO FORM 177951NIFER N14RAM c*Attomw "kyiVAL sut3oe ,;city tyy Attoaty a�- CITY OF HUNTINGTON BEACH • MEETING DATE: June 2, 2003 DEPARTMENT ID NUMBER: PW-03-036 Council/Agency Meeting Held: Z A3 Deferred/Continued to:.� Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatufre Council Meeting Date: June 2, 2003 Department ID Number: PW-03-036 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER.$ �r I� SUBMITTED BY: RAY SILVER, CITY ADM INISTRATOR02/6� VPREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORKS / SUBJECT: ACCEPT BID FOR PEDESTRIAN IMPROVEMENTS, MSC 419 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids were received May 5, 2003, for the repair/replacement of pedestrian improvements on Nantucket Drive. The Maintenance Service Contract (MSC) 419 is ready to be awarded to the lowest responsive/responsible bidder. Funding Source: Funds in the amount of $200,000.00 are budgeted in the Measure M Fund, Account No. 2139004.82300, Pedestrian Improvements. Recommended Action: 1. Accept the lowest responsible/responsive bid submitted by Elite Bobcat Service, Inc., in the amount of $189,422.95; and 2. Authorize the Mayor and the City Clerk to execute a contract in substantially the same form as the attached sample construction contract. 03-036 June 2 Jones (MSC-419 Pedestrian Improvements).doc 41-1 5/14/2003 10:52 AM I REQUEST FOR COUNCIL ACTIO • MEETING DATE: June 2, 2003 DEPARTMENT ID NUMBER: PW-03-036 Alternative Action(s): 1. Deny award of the contract to Elite Bobcat Services, Inc., and select another responsive/responsible bidder. This action could be subject to bidder challenge. 2. Reject all four bids and direct staff as to how to proceed. Analysis: On April 7, 2003, Council approved the scope of work and specifications and authorized the Director of Public Works to receive bids for repair/replacement of pedestrian improvements MSC-419. On May 5, 2003, four bids were received and publicly opened by the City Clerk representative. The bids are as follows, in ascending order from lowest bid: Elite Bobcat Service, Inc. $189,422.95 Nobest, Inc. $204,025.50 All American Asphalt $243,094.70 W. R. Rasic Const. Co. $290,117.08 The lowest responsive/responsible bidder was determined to be Elite Bobcat Services, Inc. References were reviewed with favorable results; therefore, staff recommends that the Council accept the bid and approve a project budget of $200,000, which includes the purchase of replacement street trees. Public Works Commission: The Public Works Commission reviewed and approved this project on March 19, 2003 by a vote of 5-0-2 (Commissioners Gartland and Johnson were absent). Environmental Status: Categorically Exempt pursuant to the California Environmental Quality Act Section 15301. Attachment(s): RCA Author: Jim JonesJrn 03-036 June 2 Jones (MSC-419 Pedestrian Improvements).doc -3f 5/14/2003 10:52 AM • ATTACHMENT #1 PROJECT AREA YORKTOWN AVE. J ADAMS AVE. LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS N NOT M SCALE 0 0 ATTACHMENT #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Elite Bobcat Services INC. FOR Reconstruction and Improvement of Nantucket MSC-419 TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Elite Bobcat Services INC_ FOR Reconstruction and Improvement of Nantucket MSC-41 9 THIS AGREEMENT ("Agreement") made and entered into this day of May 20 03, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Elite Bobcat Services INC hereinafter referred to as "CONTRACTOR." a California Corporation WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Reconstruction and Improvement of Nantucket Beach; and CONTRACTOR has been selected to perform said services, in the City of Huntington NOW, THEREFORE, in consideration of the prornises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORD; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to frilly assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/cite const/4-03 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/cit. const/4-03 2 • C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/cite const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Hundred Thousand Dollars ($ 200, 000 00 , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Sixty ( 60 ) consecutive 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 a.gree/forms/city const/ 1-03 4 • CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Two Hundred Thousand Dollars (S 200, 000, 00 , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Sixty ( 60 ) consecutive 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 agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/ciq const/4-03 5 • • ' • 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($ 500.00 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/cite const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/ciq const/4-03 10 • the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY.to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/cit% const/4-03 I I • 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 • to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 • 0 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 i 0 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 .0 • 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY`. City of Huntington Beach ATTN: Chris Gray 2000 Main Street Huntington Beach, CA 92648 agree/forms/cit% const/4-03 17 TO CONTRACTOR: Elite Bobcat Services INC. ATTN: Dave Reynolds 1320 E. Sixth Suite 100 Corona, California 92879-1700 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in. counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 • irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MOr''7 ' TION No waiver or..nodification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement fi-eely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR Elite Bobcat Services INC. By: Joseph A. Nanci-President - print name ITS: (circle one) Chairm residen Uice President ANZ==::� By: Joseph A- Nanci-President%_ print name ITS: (circle one ecreta Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California " .. I I I "I'll" lak � I k =I -"- ATTEST: _ L City Clerk APPROVED AS TO FORM: City Attorney INITI ED AND AP P VED: REVIEWED AND APPROVED: / hector of Public Works City A ministrator agree/fornis/city const/4-03 21 SECTION C PROPOSAL for the TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF NANTUCKET DRIVE 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 u: idersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under -the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 0 • If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ?2 do .; EmA in the amount of $ io % a R;A which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 4broject Bid Schedule ITEM APPROXIMATE ITEM WITH UNIT PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 33 EA. REMOVE/DISPOSE OF PARKWAY TREES ''vz AT ,nv. kvCO Y Y i,\bAC;�v`) PER EA. 2 33 EA. FURNISH/INSTALL ROOT BARRIER IOU, AT d v ; PER EA. 3 903 S.F. REMOVE/DISPOSE OF SPANDRAL L AT--..-jo d\o\\c v-s v-�vn�-j lvoa c ernt ER S.F. 4 2,244 L.F. REMOVE/DISPOSE OF CURB AND GUTTER , AT G&3 kCAv; f, vE. C. - A-c, PER L.F. 5 3,960 S.F. REMOVE/DISPOSE OF P.C.C. DRIVEWAY i ; 7 r AT C:v 1.ti ._tve.VA+ u'r'Jz-� PER S.F. J 6 7,400 S.F. REMOVE/DISPOSE OF P.C.C. SIDEWALK AT u'r--O- Q01Icxv 4-Cv-) cev,ti-E- PER S.F. I^ 1C 7 2.244 S.F. REMOVE/DIPOSE OF ASPHALT CONCRETE �?� �rj�=�C, -1U AT o o a I I c.`�.. ��ki C C vLES PER S.F. 8 288 S.F. REMOVE/DISPOSE OF EXISTING CROSS GUTTER AT Ct''&-�R S.F. 9 2,244 L.F. CONSTRUCT P.C.C. CURB AND GUTTER yJ-ti c c AT % PER L.F. !�' dellcwS ,wtr�1� f w� C°� 10 4,140 S.F. CONSTRUCT P.C.C. DRIVEWAY 4�f `'� I.✓G)lQ( ci, AT 6CM o, v' `, PER S.F. . 11 5,960 S.F. CONSTRUCT P.C.C. SIDEWALK cti AA-- ' � S u-3 AT . c: e :: � �' PER S.F. 12 56 TON CONSTRUCT ASPHALT CONCRETE .. AT PER TON 13 1,200 S.F. CONSTRUCT WHEEL CHAIR RAMP AT -e- 0',-\�,A v- PER S.F. -G 14 903 S.F. CONSTRUCT SPANDRAL (,- `�Y'i F): �r7 j yCj_ AT CI ICAV-5- We-v1� j r C\iC R�S.F. .l 15 288 S.F. c CONSTRUCT CROSS GUTTER ,u-AT l��<' �.F. rJ �� �� 12' Ac lav5 i- evl Buz PER i 16 9,750 S.F. PARKWAY EXCAVATION `C\` C2EXA5 - AT vj�V PER S.F. 17 30 EA. REMOVE EXISTING AND INSTALL NEW CITY FURNISHED WATER METER BOXES �, • LI L 1; 2 00. PER vY A � a\'-1 PER EA. 18 11,220 S.F. COLD PLANE AT • -c. -k C �e CLi� `J PER S.F. `�� �J Li 'G C-1 s ITEM APPROXIMATE ITEM WITH UNIT PRICE • UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 19 364 TON ONE & ONE- ALF INCH OVERLAY AT �..� VP_ (\C QN � PER TON 0� �c� 2, U Z, 20 4 EA. ADJUST WATER VALVES �. �io��Cty� e� AT c �1v c��e C� 5\ +- c LVQ PER EA. 21 16 EA. REMOVE AND REPLACE IRRIGATION SYSTEM N PARKWAYS AT \)� M 1 G' �� PER EA. ) t U L Cc 0 22 32 EA. PLACE NEW PARKWAY TO , OIL AND RESEED AT -)(\Y "'C� 'd (UCi48ER EA. Z 1 `J lvO 23 35 EA. EXCAVATE 2' X 2' k•IOLE FOR PLANTING TREES �C AT �;E'vC-ti 1 ,.j ACAa\(" PER EA. r -7cJ Total Amount Bid in Figures: $ 0, - %\ Total Amount Bid in Words: cif, c,, `) c \ c(N4 'v'\ VV1e �\ low?` c�Y {., -Oi- o8Q }. ►-w �; C l\ GAYS �� d v) � Vl C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class MG'Av mcr S.Jy-VL Vome. 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 ajl subcontracts entered into and bonds furnished by subcontractor for this project. C-3 • • NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange 1 , bein first duly sworn, deposes and says that he or she is CPS of Bite Bobcat Service, inn, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the, contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Elite Bobcat Service, inc. Name of Bidder /- n/' Signature of Bidder Joseph A. Nanci-Presiderjv�,ec . Address of Bidder Subscribed and sworn to before me this day of , 20 1�3 . SARAH D. ALLEN C Comm. # 1232868 W Qm NOTARY PUBLIC - CALIFORNIA D San Bemardino County My Comm. Expires August 22, 2003 NOTARY PUBLIC ""�'^ 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 MSC-419, (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: Q-c Elite Bobcat Service, Inc. Contractor By Joseph A. Nand -President 1_SeC . Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: o- Elite Bobcat Service, Inc. Contractor By Joseph A, Nar,ci-Fr si�erg, Sc�C 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 al 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 0 BIDDER'S INFORMATION. BIDDER certifies that the following information is true and correct: Bidder Name r!:' 132-0 E. 3i th St., Suite 100 Corona, CA 92879-1700 Business Address City, State Zip ( 09) - (AQ9 Telephone Number -1 01 10 A State Contractor's License No. and Class W Original Date Issued 11 O Expiration Date The work site was inspected by 1YllgfL— of our office on , 2W-3 The following are persons, firms, and corporations having a principal interest in this proposal: Joseph A. Nanci-President Z39 C C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Elite Bobcat Service, inc. Company Name Signature of Bidder Joseph A. Nanci- Preside nt/�_ c Printed or Typed Signature Subscribed and sworn to before me this,:-5'-�'day of M , 200, SARAH D. ALLEN Comm. # 1232868 D QNOTARY PUBLIC - CALIFORNIA D /\ Y� C San Bernardino County NOTARY PUBLIC \ _ MyComm. Expires August z2.2oo3 Listed below are the names, address and telephone numbers for three public agencies for. which the bidder has performed similar wor'c within the past two years: 2. 93 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 Elite Bobcat Service, Inc. Reference List - Public Agency Address Contact Phone No. Protect Description Contract Amount City of Anaheim P.O. Box 3222 Chuck Smith (714) 765-5176 2000/2001 CDBG Improv. 109,939.00 Anaheim, CA 92803 City of Fontana 8353 Sierra Ave. Don Gilbertson (909) 350-6659 Foothill Blvd. Widening 41,000.00 Fontana, CA 92335 t Garden Grove 11222 Acacia Pkwy Dai C. Vu (714) 741-5189 Safe Routes to Schools 189,392.00 Garden Grove, CA 92842 City of Highland/ 650 Hospitality Ln. #400 Larry D. Brown (909) 386-02W Willdan San Bernardino, CA 92408-3317 City of Moreno Valley 14177 Frederick St. Chris Wiberg (909) 413-3135 Moreno Valley, CA 92552 County of Orange I750 S. Douglas Rd. Vince Gonzales (714) 567-6300 Anaheim, CA 92806 City of San Clemente 910 Calle Negocio #100 Gary Voborsky (949) 361-6100 San Clemente, CA 92673 City of Santa Ana 20 Civic Center Plaza Bill Albright Santa Ana, CA 92701- Cry of Santa Fe Springs 11710 Telegraph Rd. John R. Price Santa Fe Springs, CA 90670-3658 City of Temecula 43260 Business Park Dr. Bruce Levy Temecula, CA Los Angeles County P.O. Box 1460 Ray Green Alhambra, CA 91802-1460 Cufrtson Insum= Services, Inc. 3500 E. Santa Ana Canyon Road, Suite 201 Anaheim, CA 92807 Devi Culbertson (714) 921-0530 (714) 647-5029 (562) 868-0511 (909) 694-6411 (626)458-4933 2002 Concrete & Street Repairs CDBG Sidewalk Improv. Misc. Concrete W. Ave. Escalones Sidewalk Improv. Omnibus Repairs #1814 Neighborhood Center Parking Lot Construct New Sidewalk Westminster Ave., Vicinity of Long Beach Insurance Sherman Parent Insurance Brokers, LLC 4770 Campus Drive, Suite 100 Newport Beach, CA 92660 Bob Parent (949) 660-3700 171,406.58 122,457.25 100.000.00 86,220.00 268.473.95 69,893.00 50,550.00 502,959.36 CITY OF HUNTINGTON BEACH l2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 25, 2003 To: EBS Inc. Elite Bobcat Service 1320 E. Sixth St. Suite 100 Corona, CA 92879-1700 Enclosed please find your original bid bond issued by Great American Insurance Company for Reconstruction of Nantucket Drive MSC-419. Connie Brockway, CIVIC City Clerk Enclosure g:/followu p/cashcont/retumbidbond.doc ( Telephone: 714-536.5227 ) PREMIUM NIL Bond No. 3419068 GZ1W ADVEMCM4 INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we; ELITE BOBCAT SERVICE;,INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, THE CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS ($ 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed; and dated this' 25TH day of APRIL 2003. WHEREAS, the said principal IS herewith submitting A proposal for TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF NANTUCKET DRIVE NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but in no event shall the liability hereunder exceed the penal sum hereof. ELITE BOBCAT SERVICE, INC. BY- - Joseph A. Nand -Presidia/ 5,2( Princioal GREAT E NSURANCE CO P NY 5 By CHARLES L. F Attunrev-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 4/25/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared CHARLES L . FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the i instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �..:_.....� � Si re of --Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUbMRER or PJWES 1 DATE OF DOCUMENT 4 / 2 5 / 0 3 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 5/5/03 before me, Sarah D. Allen — Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. cure of Notary P lic SARAH D. ALLEN Comm.8 T •� `�" NOTARY PUBLIC C- -CALIFORNIACALI San Bemardino County My Comm. Expires Angus! 22. 200s OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 4/25/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL n CORPORATE OFFICER President / Secretary �---� TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENTITY(S) , 0 GREr AIVERICAN INSURANCE COMPANYO 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than SIX POWER OF ATTORNEY No. 0 14046 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED RICHARD A. COON LEXIE SHERWOOD CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS W HEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of June 2001 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 19th day of June, 2001 before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and herebyis authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalfof the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FUR THER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when soused being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 25TH day of APRIL 2003 • \ RECEIVED BY: (Name) (Date) � J CITY CLERK RECEIPT COPY Return DUPLICATE to f I after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: cleY DATE: -a-� SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. ELi+e go6-o,+ (Company Name) 544177.6 S44 3-? _e Approved Agenda Item No. F —4 (Council Approval Date) City Clerk Vault No. 4�00- 70 g:fj a h/bondletter. doc EXECUTED IN THREE COUNTERPARTS Bond No. 5443776 Initial premium charged for this bond Is $2,084 subject to adjustment upon completion of contract at applicable rate on final contract price. GZE!'1T ANERICAN INSURANCE COMPANY CONTRACT BOND — CALIFORNIA FAITHFUL PERFORMANCE —PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That we, ELITE BOBCAT SERVICE, INC. as Principal, and GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto _ THE CITY OF HUNTINGTON BEACH as Obligee, in the sum of *** Dollars, ($ 189 , 422.95 ) for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 20TH day of MAY, 2003 WHEREAS, the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the 16TH day of MAY, 2003 for: RECONSTRUCTION AND IMPROVEMENT OF NANTUCKET NOW THEREFORE, the condition. of the foregoing obligation..is such that if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED. HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shalt be immediately given by the Obligee to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202. AND PROVIDED FURTHER, that no action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is anv maintenance or guarantee period. provided in. the contract for which said Surety is liable, an action for maintenance may be brought within six months from the expiration of the maintenance period, but not afterwards. ELITE BOBCAT SERVICE, IN . (SEAL) GREAT AMERICAN INSURANCE COMPANY BY: i BY: ���A. ai1Cl- tBSI 2)11.' C (SEAL) RICHARD A. COON Principal Attorney -in -Fact ***ONE HUNDRED EIGHTY NINE THOUSAND FOUR HUNDRED TWENTY TWO AND 95/100 5.1052A-2/78 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 5/21/03 before me, Sarah D. Allen - Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. - &�a� � i tore of Notary P16 SARAH D. ALLEN Q Comm. # 1232868 D M NOTARY PUBLIC - CALIFORNIA D San Bernardino County MY Comm Expires August 22, 2003 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT I TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 5/20/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL n CORPORATE OFFICER President / Secretary ��----�� TITLE(S) El PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) El OTHER: SIGNER IS REPRESENTING: Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENTITY(S) • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5/20/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared RICHARD A. COON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my han and official seal. LEXIESHERWOODZ 0 COMM. * 13113C4 y ; NOTARY PUSUC•CALIFORNIA +n i ature ORANGE COUNTY 0 Notary Public Comm, EXP. JULY 27, 2005'' OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NUAMM or PAGES 1 DATE OF DOCUMErrr 5 / 2 0 / 0 3 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) • EXECUTED IN THREE COUNTERPARTS BOND #5443776 PREMIUM: INCLUDED IN PERFORMANCE BOND GUM rM&IUCAN INSURANCE COMPANY LABOR AND MATERIAL PAYMENT BOND —PUBLIC WORK (California) KNOW ALL MEN BY THESE PRESENTS: That we, ELITE BOBCAT SERVICE, INC. as Principal and the GREAT AMERICAN INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Ohio and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto any and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, in the sum of -QNE_ HUNDRED EIGHTY NINE THOUSAND FOUR HUNDRED TWENTY TWO A11D 95/100 Dollars,($ 189,422.95 1. lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed with our seals and dated this 90TH day of MAY, 2003 The condition of the fore oing obligation is such that, whereas the above bounden Principal has entered into a contract, dated 16 MAY, g2003 with THE CITY OF HUNTINGTON BEACH to do and perform the following work, to -wit: RECONSTRUCTION AND IMPROVEMENT OF.NANTUCKET NOW, THI~REFORE, if the above bounden PRINCIPAL, contractor, person, company or corporation, or his or its sub -contractor, fails to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 3181 of the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed by any such claimant. Including any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the contractor and his sub -contractors pursuant to Section 18806 of the Revenue and Taxation Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15, Chapter 7, Works of Improvement, commencing with Section 3247 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code, of the State of California. ELITE BOBCAT SERVICE, INC. (SEAL) BY*'` (SEAL) Joseph A. Nand -President/ SJZC • Principal GREAT AMERICAN INSURANCE COMPANY BY: wil�� RICHARD A. COON Attorney -in -Fact 5-924B - b77 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 5/21/03 before me, Sarah D. Allen - Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 2=1 11�� — lure of Notary It SARAH D. ALLEN Comm. # 1232868 D Z NOTARY PUBLIC - CALIFORNIA D San Bernardino County My Comm. Wires August 22, 2003 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Labor and Material Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 5/20/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL LN CORPORATE OFFICER President / Secretary TITL.E(S) ❑ PARTNER(S) . .❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENTITY(S) r: C:AT.TFnRNTA AT.T._PTTRPnSF. ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5/20/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared RICHARD A. COON personaliy known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand a d official seal. "� LEXIE SHERWOOD J• y U COMM. # 1311304 x= + :F NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY 0 Siq6aiklre of lfotaryPublic ' COMM. EXP. JULY 77, 2003'` OPTIONAL Though the data below is not required by law, it may prove valuable to persc-s relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 5/20/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) i GWM AK ER1CAN INSURANCE COMPANY° 580 WALNUT STREET • CINCINNATI, OHIO 46202. 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 14046 SIX POWER OF ATTORNEY. KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN* INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED RICHARD A. COON LEXIE SHERWOOD CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney{s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to besigned and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of June 2001 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF:OHIO, COUNTY -OF HAMILTON —.ss: On this 19th day of June, 2001 ' before. me. personally appeared DOUGLAS R. BOWEN, to me. known, being duly sworn, deposes and says that he resided in Cincinnati,: Ohio; that he is the _Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalfofthe Company, as surety, anv and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any. time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, or other written obligation in the nature thereof, such signature and seal when soused beinghereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually axed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 20TH day of MAY 1. 2003 TERRORISM COVERAGE BIDER NOTICE DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the 'Dopartment of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part ofDond No. 5443776_ _,effective 5/20/03 In accordance with tltc Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insur nc:e Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act.. The federal shore equals 90% of thatportion of the amount.of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from lasses for Terrorist Acts Certified under that Act. 'rhe portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. 0 Is 61V [FffBQ3'1NC. ELITE BOBCAT SERVICE GENERAL ENGINEERING May 21, 2003 Mr. Chris Gray City of Huntington Beach City Corporation Yard 17371 Gothard Street Huntington Beach, Ca 92647 Project: Reconstruction and Improvement of Nantucket MSC - 419 Re: Contract Mr. Gray, Please find attached the information required for the above project. 1:. Labor and. Material Bond (in. triplicate) 2. Faithful Performance Bond (in triplicate) 3. Copies of Certificates of Insurance (originals sent directly to City by Carrier) 4. Contract I hope this meets with your approval, please let me know at your earliest convenience if you require any additional information. S' 'rely, Sar Sha�D EB , c. Attachments 1320 E. SIXTH ST., SUITE 100 - CORONA, CA 9287 3-1700 - OFFICE: (909) 279-6869 - FAX: (909) 279-6832 40 "" U) "ZA 5 '- H I � M M93 INC. [ELITE BOBCAT SERVICE GENERAL ENGINEERING May 22, 2003 V Mr. Chris Gray City of Huntington Beach City Corporation Yard 17371 Gothard Street Huntington Beach, Ca 92647 Project: Reconstruction and Improvement of Nantucket — MSC - 419 Re: Concrete and Asphalt Mix Designs Mr. Gray; Please find attached Mix Designs for the following: Concrete 1. 520-C-2500 Asphalt 1. Class C2 I/z" AR4000 I hope this meets with your approval, please let me know at your earliest convenience if you require any additional information. Sincerely, VD Sarah Shaw EBS, Inc. Attachments 1320 E. SIXTH ST., SUITE 100 - CORONA, CA 92879-1700 9 OFFICE: (909) 279-6869 - FAX: (909) 279-6832 MAY. 21. 2003 12:56PM STANDA91CONCRETE 909 628 9340 • NO. 212 P. 2/3 STANDARD CONCRETE PRODUCT'S, INC. WESTMINSTER PLANT Mix No. 54-5825 Date: OS121R003- Project Name: Nantucket Reconstruction& improvements Mix No.: 54-5825 Project Address: Nantucket Street Huntington Beach Spec-, 2,500 psi Q 28 days General Contractor. City of Huntington Beach Agg Size: i" Sub Contractor. Elite Bobcat Service Slump:. -4.0" W/C Ratio: 0.61 Description: 520-C-25001 " P Stand d ir. ti ns for Pubpic Works Construction er ar lipec oa o Weight per Cubic Y--d (S.SM.) Absolute Volume Cement 416 lbs 2.12 C.F. Aggregate Ratios: Fly Ash 104 lbs 0.75 C.F. 0 % 1.5" Rock 0 lbs 0.00 C.F. 40 % 1 Rock 1247 lbs 7.46 C.F. 15 % 3l8" Rock 456 lbs 18.65 2.80 C.P. 45 % #1 Saud 1351 lbs 8.39 C.F. 0 % #2 Sand 0 lbs 0.00 C.F. Admixtures: 1. WRDA-64 0.0 fLoz. 1.5 % Air 2. Entrapped 0.0 fl.oz. Slump: 4.0" Allowable Water: 38 Gallons 316.54 lbs Total: 3891 lbs Unit Weight: 144.1 pef Material Source .Cement Portland Type U / V Fly Ash Type F 1.5" Chandlers Sand & Gravel, C 1" Livingston -Graham, Eagle Valley 318" Chandler's Sand & Gravel, Corona Sand Chandlers Sand & Gravel, Sand Werner Carp., Corona WRDA-64 W. R. Grace Company Daravair W. R. Grace Company Approved By: 0.41 C.F. 5.07 C.F. 27.00 C.F. Sp.Gr. orona Corona Sp.WL 3.14 195.94 2.22 13853 2.65 165.36 2.68 167.23 2.6I 162.86 2.58 160.99 2.58 160.99 0 02JI00 Wt. 0 oz./100 art. on ec cal Services MAY. 21.2003 12:57PM STAND CONCRETE 909 628 9340 • N0, 212 P. 3/3 r, _ Mailing: Post Office Box 15326 - Santa Ana, CA 92735-0326 4W An Administrative Office. 2002 East McFadden, Suite 150, Santa Ana, CA 9270S �d Telephone (714) 245-1S50 - Fax (714) 245-2970 Combined Aggregate Gradadomfur Standard Concrete Mix No. 5"825 - Wesftu ter Plant Per Standard Specifications for Public Works Construction (SSPWC) Aggregate Sources: Date: 05212003 1" Rock Livingston -Graham, Eagle Valley 318" Rock Chandlers Sand & Gravel, Corona Concrete Sand Chandlers Sand & Gravel, Corona Sieve 1" 03 318..#4 Concrete Sand Combined C Sieve Sizes: Rock Grading Rock Grading Sand Grading Grading Grading Sizes: Percentage 40 'I5 45 100 1 1 /2" 100 100 100 100 100 1 112" 1" 98 90-100 100 100 99 95 - 100 1" 3/4" 72 55-85 100 ... 100 ` 89 77 - . .93 3/4;1 1 /2" .12 .100 100 .. 100 65 1 /2„ 3/8" 3 8-20 90 85-100 100 100 BO 50 - 70 MI. #4 1 0-5 13 0-30 .99 95-100 47 39 - 51 94 #8 0-5 3 0-10 78 75-90 36 31 - 41 #8 #16 2 53 55-76 24 22 - 32 #16 030 34 $0-50 15 12 - 22 #30 #50 19 10-25 9 3 - 9 950 #100 7 2-10 3 0- 3 #100 #200 0 0-2 0 0-2 2 0-5 1 0- 2 #200 Cleanness Value 80 80 Sand Equivalent 84 An aggregates are certified to conform to the requirements of ASTM C-33 ALL AMERICAN ASPHALT 14420 Edwards Ave. Date: 5021/2003 WestmMstor, CA 92883 (009)7315-7900 Mix Number: 100113 General: E RS Mix Type: CLASS C2 Iff Asphalt Grade. AR-4000 Plant DAB sin 0 Binder We Irz 1 3w Rock dust t 'A. %total M.0.0% 21.0% : `33.0% 6.1096 % Passing eu►c.'.;6;0 Combined 1 Inch '100.0% '100.0% :'�00.096 '. 100.0% 'f D% 100.096 3/41nch $8.0% i':100.0% ::100.0% 100.0% iIli.O% 100.0% V21nch °' 18.0% '•:'.' B9.0% ` �00.096 100.0% ? ;le 1% 97.t396 3M inch :;;,;;::::; 1. .0% :,,::,.::.:.99.0% :: 100.0% :.885% 84.4% 04 i 0.0% " ;': 1.0% " 27.0% ... ..... 99.0% Q6896 52.3% :::::::::::: :::°" 0.096 :°'°':°:'::' 5.096 ::`':": 79.0% �4% 35.8% # 16 ' s. 0.096 's' 0.0% 1.0% S7.0% :? 380% 24.9% :::: :::::::::::• .........•. # 60 ; 0.0% 0.0% 0.0l6 31.0% "" t7% 13.4% # 200 `;` 0.0% 0.0% :':: 0.0% 11.096 ! '8sB96 4.7% Specifications for CLASS C2 W 1 Inch 3/4 Inch 142 Inch 3/8 Inch # 4 # 8 # 18 030 # 50 # 200 Min Max Min Max f Min Max 1100 Min Max 188 Min Max 180 Min Max f f Min Max f Min Max l Min Max f 100 100 100 100 95 72 48 28 42 15 27 10 20 2 7 100.0% 100.0% 97.6% 84.4% 52.3% 35.0% 24.9% 17.7% 13.4% 4.7% ALL AMERICAN ASPHALT 1770 Ag American War Oats: SRt/2003 Corona, CA (909)73 ?SW cam" Drum Mix FadlKy Quote #: 224011 Submittal A 3846 Project HUNTINGTON BEACH Mix Number: 100113 Ganenl: ESS Mb(Type: CLASS 0210 Asphalt Grade: AR-40M Plant Data Feeder # 1 2 3 4 5 % Binder 3/4" 1rz 3W Rock dust Sand R.A.P. %pmwt 0.0% 24.0% 29.1 % 33.0% 12.1 % 0.0% 5.40% %Total Wl i 0.0% `23.89b T_8% ' i82i2% ::11.5% i >'lEl96 5.10% % Passing Combined 1 Inch 100.0% 300.0% :' ;1 1.0% °' 1Q0.0% : ' ' �00.D% lt1G 0% 100.0% 3/41nch°:�jlif.0% 100.0% 1/2 Inch :::::::13.0% °° ee.o% : 1 l.0%10Q.096OO.o96 l% 07.0% 3/8 Inch :,:,::::, 1.096 :::::::: ::::::::::3?.0% ::::.:.::, ........... :;;;;8;:096 :` :700.0% :-::::.,::, : ::; :00.096 ::::::... 82.2% # 4 "' 0.0% 2.0% '` 3`I0% 0% :' . `95.7% '°:ice$% 63.3% # 8 ° ° 0.0% 0.0% : ° S.0% °° 7t 0% s ii i i69.8% % 34.3% # 18 0.0% 0.0% :::r:.;a�#i% : 8,�0% :::::::::::52 5% 030 0.0%0.0�.'0 ::% ' :`".0"S 4•s.o% €1;, te.2% # 60 o.a% ..:.: 0.0% ::a;�a% :: °::�:':33.0% ::�s�% 13.5% # 200 `s 0.096 0.0% . '.p[0% :":°'I);0% 14.7% :`Rb% 5.6% SpedAeations tor. CLASS C2 1/2" 1 Inch 3141nch 1121nch M Inch 04 06 # 18 # 30 950 0200 Min Max 1100 Min Max Min Max 1 Min Max ( Min Max 1 Min Max 1 I Min Max 1 Min Max I Min Max 1 100 1001 100 95 100 72 88 46 80 28 42 15 27 10 20 2 7 100.0% 100.0% 97.0% 82.2% 53.3% 34.3% 24.9% 18.2% 13.5% 5.5% ALL AMERICAN ASPHALT 10671 Jdtay Road Date: 5rWM3 Irvine, CalMomia 92720 (WO)738-7800 Irvine Double Drum Mix Facility Quote #: 224011 Submittal #: 3845 Project HUNTINGTON REACH Mix Number: 100113 General: EBS Mbc Types CLASS 021/7' Asphalt Grade: AR4000 Plant Data Feeder # 1 2 3 4 5 % Binder 3/4" 1/r 31W Rods dust Sand R.A.P. %Dry Wt. 0.0% 24.9% 29.1% 33.9% 12.1% 0.0% 5.40% %Tote! Wt 0.0% °€ :23.8% 27 $96 ;2% ::':'€11.5% ;:Qs096 5.10% % Passing ......... Combined 1 Inch ` € � 'f 00.0% i°:::::100.0% 10E1.0% 160.0% :::::::. f 00.096 :::::::1 W. 0% 100.0% 3/41nch :::::::::: :.::.:85.0% :°:°:•:100.096 ':'1ix.0% ': to0.0% € E 100.0% aot.0% 100.0% 1/2 Inch 92.0% .100.0% 3181nch :::::::::1.0% .: ;:;;0 0% :-•• 00.0% fl9:5% 81.8% # 4 °':' 0.0% =' '::::::i:i:: 1.096 ;::`10% ;' 650% ;.;;;;:;::;5.7% ;'t& % 53.1% # s .:::• :::::::::: 0.0% :::::: 0.0% :••:•:::..:. :: •'• o% •......... :: 7r o% ••:•:-::::: ::::'::89.6% •:•:•::.:.: ::.: 4% 35.7% 0.0% 30% " a0% =2.596 ;?° ;096 25.996 # 30 0.0% :: ? 0.01r° :.` Gyo .:38.0% :` :.; -,.0% ? t°A 17.0% # 50 0.0% ::::::::: 0.096 ........... ::.::: •27 096 :•:::::::::: ....... : 12.9% 0.0% `:a : 0.096 -5.5% Specifications for. CLASS C2 1/2" 1 Inch 314 Inch 1/2 Inch 3/8 Inch 04 # 8 fie # 30 050 S 200 Min Max Min Max Min Max 1 Min Max 1 Min Max I Min Max I , Min I Max Min Max Min Max I 100 100 1001 100 95 100 72 88 48 so 28 42 15 27 10 20 2 7 100.0% 100.0% 98.0% 81.8% 53.1 % 35.7% 25.9% 17.9% 12.9% 5.5% ALL AMERlCAN ASPHALT 9010 Santa Ana Canyon Road Anaheim, Caliibmie 92807 (909)738.MW AnaWm Double Drum Mix Faculty Quote W. 224011 Submittal #. 3845 Projea HUNTINGTON BEACH General: ESS Date: Sr21/2003 Mix Number: 100113 Mix Type: CLASS C21J" Asphalt Grads: AR-4000 Plant Data Feeder # 1 2 3 4 5 % Binder 31C 12" 3W Rock dust Sand R.A.P. 960ry WL 0.0% 24.9% 29.196 33.996 12.1% 0.0% 5.40% %Total Wt " 0.0% ; ' =' .23.896 " 2Ts'696 `?9a 2% 11.596 ' C U96 5.10% % Passing Combined Inch € 100.0% ::::........ ::::::: :::::::100.0% 1i)0.0% 00.0% :100.0% ` ` KO0A 100.0% 3J41nch.O% '.;;100.0% °100.0% 100.0% 1r21nch :,:;::::::::13.0% ::::::::::::92 0% 1Q0.0% :10n.0% :::'::::::::100.0% 1% 96.0% 3181nch 1.0% 88 0% :::100.0% . 100.0% ::::::..... '. ;;8 5% 82.3% # 4 0.0% 1.096 31096 0% :.... [ € : 05.7% .....::::::. Q B% 54.1% # 8 : ; 0.0% 0.0% 0.0% ` :.:75 096 '' '89.8% A96 36.5% Ole 0.0% 0.0%0% 'l7% .52.5% ss0% 28.5% Or 317 ::::::::::a 0.0°.6 :: 0.0% € `10% 91Y;a ............ .` 39.0% :; 'T 1'!6 18.2% # 60 i.,...... 0.0% ` 0.0% : `......... •`, '' n 0% 0% : °'." 28.6% `.`17% 13.0% # 200 0.0% '••` 0.096 '?al% ::;10;0% `'€ i•:`14.7% " 0$% 5.2% SpeclficaWns for. CLASS C211T 1 Inch 314 Inch 1R Inch 318 Inch # 4 08 # 18 # 30 # 50 0200 Min Max Min Max 1 Min Max Min Max 1100 1 Min Max 150 Min I Max I Min Max Min Max II Min Max I 100 100 100 100 95 72 88 48 28 42 15 27 10 20 2 7 100.0% 100.0% 98.0% 02.3% 54.1 % 36.5% 26.5% 18.2% 13.096 5.2% 6alr 9 PREMIUM NIL Bond No. 3419068 GW T Ah1ER.IC- N INSURANCE COMPANY KNOW .ALL.MEN BY THESE PRESENTS,. that we, ELITE BOBCAT SERVICE;;INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, THE CITY OF HUNTINGTON BEACH as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS ($ 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 25TH day of APRIL` 2003 WHEREAS, the said principal IS herewith submitting A proposal for TREE REMOVAL AND THE RECONSTRUCTION AND IMPROVEMENT OF NANTUCKET DRIVE NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void. otherwise. the principal and surety will pay unto the obligee the difference. in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but in no event shall the liability hereunder exceed the penal sum hereof. ELITE BOBCAT SERVICE, INC. BY: Joseph A. Nanci-PfeSlded/132(Princioal GREAT E NSURANCE CO P NY By CHARLES L. FEW Attornev-in-tract t :4 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared CHARLES L. FLAKE personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Si re of otary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE O£ DOCUMENT NUME E R OF PAGES 1 DATE OF DOCUMENT 4/25/03 CAPACITY CLAIMED 13Y SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY me NAME OF PERSON(S) OR ENTITY(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 5/5/03 before me, Sarah D. Allen — Notary Public personally appeared' Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. 'W"TTNTESS my hand and official seal. j- SARAH D. ALLEN Comm. # 1232868 2 .: NOTARY PUBLIC - CALIFORNIA ''i„_r_ San Bemardino County — cure of Notary P lic My Comm. Expires August 22. 2003 OPTIONAL Tbough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT NUNMER OF PAGES 1 DATE OF DOCUMENT 4/25/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER President / Secretary n ��----] TITLE(S) ❑ PARTNER(S) F-1 ATTORNEY -IN -FACT ❑ OTHER: SIGNER IS REPRESENTING: Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENTITY(S) TRUSTEE(S) GUM fr' NERICAN INSURANCE COMPANY$ 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 14046 SIX POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED RICHARD A. COON LEXIE SHERWOOD CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of June . 2001 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAM.ILTON — ss: On this 19th day of June, 2001 before me personally appeared DOUGLAS R.. BOWEN. to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalfofthe Company, as surety, anvandal] bonds, undertakings and contracts of suretyship, or other written obligations. in the nature thereof- to prescribe their respective duties and the respective limits of their authority, and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of anv bond, undertaking, contract orsuretyship, or other written obligationin the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same fora and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 25TH day of APRIL 2003 _.R Cert# 47392 THIS CERTIFICATE IS ISSUED AS A MA 17ER OF INFORMATION ONLY AND \N / PARENT INSURANCE BROKERS, LLC CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 4770 CAMPUS DRIVE SUITE 100 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE NEWPORT BEACH, CA 92660 POLICIES BELOW. (949) 660-3700 C jJmW FAX (949) 660-3777 I v COMPANIES AFFORDING COVERAGE /JSC _ L�I% COMPANY /n'L ! A STEADFAST INSURANCE COMPANY 'I—— /� COMPANY ELITE BOBCAT SERVICE INC. (0�"'' `� B I ,k 1320 E. SIXTH ST., SUITE 100 CORONA, CA 92879' THIS IS TO CERTIFY THAT THE POLICIES OF IN URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM R CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POI,ICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. :0 TYPE OF INSURANCE TR POLICY NUMBER POLICY EFFECTIVE i DATE (MWDD/YY) POLICY EXPIRATION LIMITS DATE (MM/DD/YY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE [�] OCCUR. A OWNER'S & CONTRACTOR'S PROT. I SC0369203701 SEP 28 02 SEP 28 03 I GENERAL AGGREGATE (PRODUCTS-COMP/OP $ 2,000,000 AGG. $ 1,000,000 I PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any One Fire) $ 50,000 MED. EXPENSE(Any One Person)' $ 5,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS I Ap t�I� jF I i i EDASTOF fiR McGRATH, City iPROPERTY iI �D'd 3 Attorney COMBINED SINGLE LIMIT is BODILY INJURY (Per Person) BODILY INJURY (Per Accident) DAMAGE $ $ $ GARAGE LIABILITY ANY AUTO I I AUTO ONLY - EA ACCIDENT I $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE I$ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE -- $ WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL I STATUTORY LIMITS EACH ACCIDENT $ DISEASE -POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ OTHER V CJV IIVI.I -VrC IVIYJ/LVVMIIVIVJ/V CnIVLCJIJrCVIML 1. CMJ CITY OF HUNTINGTON BEACH AND ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED & THIS INSURANCE IS PRIMARY PER THE ENDORSEMENT ATTACHED. DEDUCTIBLE $5,000. PROJECT #: 03549, RECONSTRUCTION AND IMPROVEMENT OF NANTUCKET MSC - 419 CERTIFICATE HOLDER };� E� /CANCELLfATION x SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 CITY OF HUNTINGTON BEACH DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FA LURE TO LSUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 2000 MAIN STREET ANY K ND UPON( THE COMPANY, ITS AGENTS OR EPRESENTATIV SUABILITY OF PO BOX190 HUNTINGTON BEACH, CA 92648 10-DAY NOTICE OF CANCELLATION APPLIES FOR NON-PAYMENT OF PREMIUM AUTHORIZED REPRESENTATIVE �N .. 00 co ZURICH _ _ Steadfast Insurance Company POLICY EFF. DATE EXP. DATE EFF. DATE PRODUCER DATE ENDORSEMENT NUMBER OF POLICY OF POLICY OF ENDT. NUMBER TYPED NUMBER 1 SCO 3692037-01 09/28/02 09/28/03 09/28/02 75409056 12/19/02 21 NAMED INSURED: Elite Bobcat Service, Inc. Additional Insured - Premism/Ongoing Operations THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Who is an Insured (Section In is amended to include as an insured any person or organization for whom you are performing operations when you are required by a specific written contract to add such person- or organization as -an additional insured on your policy. Such- person or organization is an additional insured only with respect to liability or any demand for "damages" arising out of premises or _ ongoing operations and caused by the negligent performance of "your work" for that insured. A person's or organization's status as an insured under this endorsement ends when your operations or • "your work" for that insured are completed The insurance afforded the additional insured does not apply to liability or any demand for "damages"; a. arising out of the "products/completed operations hazard"; or b. in the event of sole negligence of the additional insured. _ The insurance provided by this endorsement is no broader than the insuring agreement of this policy and may not be the same terms as required by your contract. Countersigned SMCGLr1645 C CW (3102) • ZURICH Steadfast Insurance Company . POLICY EFF. DAZE �� ATE DATE EFF: DATE PRODUCER D�p RSEhE NUNfBER OF -PQUCY DF PQ.LI.CY OF_ E DT_ NUMBER �YPFI) NUMBER SC0369203701 .9/2s)02 9/gr,9 28/n' 75-4QSQ56 q 2 ng 1_ NASD INSURID: EL= BOBCAT SF-tvzCi;, - INC_ Prm2aryfN0n-Contn'bufory En&rs=,.t IBIS END ORSENM i MANGE'S TEiE POLICY. P7.FA SF READ IT CARFF't'j y The hnn*-_ce provided by this policy will be pem ay and noncontributory inzumncr, bat only as respects a claim, loss er liability adsing cut of iitsurzd opaatioas or word on behalf of a person or arPnim icn showa as an Additional lhsur-,�f undo this policy and performed under an ''osured arattaa' bctw=you and sacs pc= or er,.saiation, that mlu= you to maintain ,sack prhmary and noncomsabusary msl,* = and to include theses as an addtIIonal asm-ed. — • Countersiged Authorized • ISSUE DATE 05/15/2003 CERTIFICATE OF INSURAWE PRnlll Ir`FR 1--f ! A7'i0' kN / PARENT INSURANCE BROKERS, LLC 4770 CAMPUS DRIVE SUITE 100 NEWPORT BEACH, CA 92660 (949) 660-3700 FAX (949) 660-3777 INSURED ELITE BOBCAT SERVICE INC. 1320 E. SIXTH ST., SUITE 100 CORONA, CA 92879 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A COMPANY B PEERLESS INSURANCE COMPANY COMPANY C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS coTYPE OF INSURANCE LTR' POLICY NUMBER. POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE F -1 OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONTRACTOR'S PROT. J EACH OCCURRENCE $ FIRE DAMAGE(Any One Fire) $ AUTOMOBILE LIABILITY X-1 ANY AUTO CBP9515262 — I ALL OWNED AUTOS L— SCHEDULED AUTOS B —X� HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY I ANY AUTO ESS LIABILITY UMBRELLA FORM IOTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND j EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL I PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER MED. EXPENSE(Any One Person)S AUG 21 02 AUG 21 03 COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY (Per Person) $ BODILY INJURY $ (Per Acc7Cent) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT S DISEASE -POLICY LIMIT $ DISEASE -EACH EMPLOYEE $ DE RIPTI N OF OPERATIONS/LOCATIONSNEHICLES/SPEC64L ITEMS RE: CITY OF HUNTINGTON BEACH PROJECT #: 03549, RECONSTRUCTION AND IMPROVEMENT OF NANTUCKET MSC - 419 CITY OF HUNTINGTON BEACH 2000 MAIN STREET P O BOX 190 HUNTINGTON BEACH, CA 92648 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES 10-DAY NOTICE OF CANCELLATION APPLIES FOR NON-PAYMENT OF PREMIUM REPRESENTATIVE II IIII • � III �t �Y. . IIII 11 IIII -SHERMAN PARENT INSURANCE BROKERS, LLC • 4770 CAMPUS DRIVE SUITE 100 NEWPORT BEACH CAUFORNIA 92660 • (949) 660-3700 FACSIMILE (949) 660-3777 I rrrvcr Ain nnn1412 • February 11, 2003 Re: Elite Bobcat Service, Inc. Policy 9: SCO 3692037-01 To Whom It May Concern: Certificate holders for certain jobs performed by the above captioned Insured require the cancellation wording for their certificate of insurance be amended to exclude the "endeavor to ..... but failure to....." wording contained in the cancellation clause. In the event of -cancellation for any reason, Sherman/Parent Insurance — Brokers, LLC will be responsible for notifying the certificate holders in advance of the cancellation date, as Steadfast Insurance Company will not allow alteration of the cancellation clause on the certificates of insurance. Sincerely, - .Robert J. Parent Managing Member RIP/caa G,IF,19/,2003 13:53 0000000000 PAGE 02/02 MATE. �M�ENSATION FUND MAY 16, 2003 P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE CITY OF HUNTINGTON BEACH PO BOX 190 HUNTINGTON BEACH CA 92648 Lv POLICY NUMBER: 046-02 UNIT 0012506 CERTIFICATE EXPIRES: 10--6-03 JOB: RECONSTRUCTION 19.D . IMPROVE144ENT OF NANTUCKET MSC--419 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except, upon gays' advance written notice to the employer. 30 We will also give you T I days' advance notice should this policy be cancelled prior to its normal expiration. -I his 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 CERTT_FICATE HOLDERS'NOTICE EFFECTIVE 10/06/02 IS ATTACHED TO AND FORMS A PAPT OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE - 05/16/03 IS ATTACHED TO AND FORMS A pkRT OF THIS POLICY. THI_RD PARTY NAME: CITY OF HUNTINTON BEACH EMPLOYER �r ELITE BOBCAT SERVICE, I11C. 1320 E_ SIXTH ST STE 100 CORONA CA 92879 L sCIF 10262 (REV. 5-01'. FILE COPY Avef A, P-ca oe - ZURICH Steadfast Insurance Company POLICY EFF. DATE EXP. DATE EFF. DATE PRODUCER DATE ENDORSEME4T NUMBER OF POLICY OF POLICY OF ENDT. NU1MiBER 175409056 TYPED NUMBER 1 SCO 36M7-01 09/28/02 09/28M 09/28/02 12/19/02 21 NAMED INSURED: Elite Bobcat Service, Inc. Additional Insured - PmmiseslOngoing Operations THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Who is an Insured (Section In is amended to include as an insured any person or organization for whom you are performing operations when you are required by. a specific written contract to add such person- or organization as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability or any demand for "damages" arising out of premises or _ ongoing operations and caused by the negligent performance of "your work" for that insured. A person's or organization's status as an insured under this endorsement ends when your operations or "your work"for that insured are completed _ The insurance afforded the additional insured does not apply to liability or any demand for "damages"; a. arising out of the "products/completed operations hazard' ; or b. in the event of sole negligence of the additional insured. The insurance provided.by this endorsement is no broader than the insuring agreement of this policy and may not be the same terms as required by your contract. Countersigned S1F-CQL-1645'C CW (3/02) ZiJRJCH Steadfast Ila=aace Company. ppLICY EFB. DATE E74? DATE EFT. DATE PRODUCER DATE mpg ,�gt OF.1'QLI�iI QpQIZQI I 9F.F?. N �FPF.a SC0369203701 .417.AZ02 9/-2� 9 S/O� 75-40S4S6' q 2 NAN1�U INSU�ZEDt ' ELITE BOBCAT SERVICE. ' ZNC.'___._. • Frhnauffon-Contributory Ezt&rsement TIM EN3)opsEM3WT CHANGES TAE POLICY. PLEASE READ IT CAP F =y ne ins� provided by this policy wM be pd=my and noacoutn-buttery *,msGmr= bat only as =spc t3 a cIffim, loss cr iiabi ay arising cut cf iusmad cp=zi= or wadc on bchalf cf a pasoa cr crpaiatiaa shown as as Addxdcnd Imaaad uada this policy and perfm=ed ceder as '=sured contras' baw= you =d sadt pcm= or crgar<iration, that regains yo¢ • to maintain saciz primary and nancanxn'buta=y iasutano` and to iichzde-dm= a3 as addtdfmaI hzmed. Countersiged� e : _ VAREN'r INSURANCE BROKERS, LLC 4770 CAMPUS DRIVE SUITE 100 NEWPORT BEACH CALIFORNIA 92660 (949) 660-3700 FACSIMILE (949) 660-3777 February 11, 2003 Re: Elite Bobcat Service, Inc. - Policy #: SCO 3692037-01 To Whom It May Concern: Certificate holden for certain jobs performed by the above captioned Insured require the cancellation wording for their certificate of insurance be amended to exclude the "endeavor to ..... but failure to....." wording contained in the cancellation clause. In the event of -cancellation for any reason, Sherman/Parent Insurance Brokers, LLC will be responsible for notifying the certificate holders in advance of the cancellation date, as Steadfast Insurance Company will not allow alteration of the cancellation clause on the certificates of insurance. Sincerely, - .Robert J. Parent Managing Member RIP/caa r; CERTIFICATE OF INSURISC.E PRODUCM Ce4 SHERMAN / PARENT INSURANCE BROKERS, LLC 4770 CAMPUS DRIVE SUITE 100 NEWPORT BEACH, CA 92660 (949) 660-3700 FAX (949) 660-3777 ELITE BOBCAT SERVICE INC. 1320 E. SIXTH ST., SUITE 100 CORONA, CA 92879 ISSUE DATE 05.115/.2003 , r r uv Wc" rr IV I c w wvvcLr nv n 1-1 r cry yr IM_%0F%Mf%I Mom VmI.T rmw CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. M A COMPANY B PEERLESS INSURANCE COMPANY COMPANY C COMPANY .D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS HAVE BEEN REDUCED BY PAID CLAIMS. CoPOLICY L OR MAY SHOWN MAY TYPE OF INSURANCE' POLICY NUMBER DATE EFFECTIVE POLICY DATE (MMIDD/YY) LIMITS MW..Kir 1 IUn Ur Urr-r.A I wnyLUGA 1 iUrr W V CnJ%.LC WQrC%,w6 I CM0 RE: CITY OF HUNTINGTON BEACH PROJECT #: 03549, RECONSTRUCTION AND IMPROVEMENT OF NANTUCKET MSC - 419 CITY OF HUNTINGTON BEACH 2000 MAIN STREET P0BOX 190 HUNTINGTON BEACH, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. 10-DAY NOTICE 26 CANCELLATION APPLIES FOR NON-PAYMENT OF PREMIUM �7 1 ATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 16, 2003 POLICY NUMBER: 046-02 UNIT 0012506 CERTIFICATE EXPIRES: 10-6-03 CITY OF HUNTINGTON BEACH PO BOX 190 HUNTINGTON BEACH CA 92648 L JOB: RECONSTRUCTION AND IMPROVEMENT OF NANTUCKET MSC-419 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon tgdays' advance written notice to the employer. We will also give you IR days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurraXXnce 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 10/06/02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 05/16/03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF HUNTINTON BEACH EMPLOYER ELITE BOBCAT SERVICE, INC. 1320 E. SIXTH ST STE 100 CORONA CA 92879 .Q1i: V MAY.20.2e03 8:04AM - N0.193 P.4i8 - ZURICH Steadfast Insurance Company . ppl. cy . DA . DATE EI+i: PRODII� DAZE II�IDo DER D .2w.1CY pE2=CY DEIaNDT. N0MM —.XV A NMV= SC03692032QI-.9/2A/02 22 /ACl elft In NAMED muRM. ELITE BogCAT Prhmm7 io ry Endorsement TMS =Mop.SEbjENT CSANGES TSE POLICY. PLEA Z BEAD AT CA JA WULLY MW &=We xavldad by this pcdq w1 be pb=y and wu==lu=y;=m=cc but ady as a d" Iris ar SzhMry adsiag " of bmw d apernim or wet as bdmli of a pa= ar QWyj;-d a sbawn u m Add iaad lmmvd udder this poBcy aad pado med mdw sa lamc d eowa' bomm you tend akh pa on or n. that raq*u yen so maims saeb< r i3mmm and Whir them as as tddm=ai h=red THE CITY OF RM"XNGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES 2000 NAIW STREET P 0 BOX 290 EUNTINGTON BEACH, CA 92648 MAY. 20.. 2e03 8:05AM - NO. 193 P. 5i8 y ZURICH Steadfast Insurance Company POLICY Eff. DATE . DATE WW. DATE PRODUCM DAM=1;9: NUMBER OF POLICY OF POLICY OP ow. NMOM TymSCO 369M.01 own= 091ZM 09n= 7.% M6 12119M NAMW INSURED: Me Bobw Service, Im Waiver of Subrogedon allanW) This endorsement modifies hmmwe provided under the: Products-Compkted Opwadow LWi=y Coverage Past The fallowing is added to Section IV, Conditions, paragraph 13, Tra Der of Your Rights and Duties Under Ibis Policy: " •►ou are required by a written contract or agreement, which is execmed before a loss, to waive your rights of every from others~, we agree to waive of rights of recovery. This waiver of rights applies only with respect to the above contract(s) and shall not be construed to be a waiver with respect to any other operations in which the insured has no contrac W interest. THE CITY OF HONTINGTON amen, ITS AGENTS, OFFICERS, AND EMPLOYEES 2000 MAIN STREET P o SOY 190 HUNTINGTON BEACH, CA 92648 MLCQ.-16M A CW (IM) 717 is'e tick-' INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: James Jones �7 2. Date: June 26, 2003 -- 3. Name of contractor/permittee: Elite Bobcat Services Inc. 4. Description of work to be performed: Reconstruction of Entire Street 5. Value and length of contract: $200,000; 45-60 days 6. Waiver/modification request: 5K GL deductible and letter for cancellation clause-wor lino 7. Reason for request and why it should be granted: Unable to comply with zero deductible and cancellation clause in letter -form by bonding company -Sherman Parent Insurance Company. 8. Identify the risks to a ity i a proving this waiver/modification: None L — os Departnfent Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and the Pity Attorney's Office disagree. 1. Risk Management �Pproved El Denied Z4 / ��/ Signature Date 2. City Attorney's Office p -- I `I Approved ❑ Denied ( r'/1�� 30 03 Signeiture bate 3. City Administrator's Office Approved ❑Denied 7 o 3 1 Sig ature Date If approved, the completed waiver/modificafloA request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services License Status - Agency Details Page 1 of 3 Agency License Details AM De m}er t of nsr nce The license status information shown below represents information taken from the CDI licensing database at the time of your inquiry.This information may not always be current. For example, items sent to the Department may be pending review or simply may not have been entered into our licensing database yet. Continuing Education hours quoted may not reflect courses taken in the last 45 days. This database will reflect concluded disciplinary actions against licensees. Complaints and ongoing investigations are confidential and, therefore, not available. You may also check for an enforcement action by clicking here. Name: CULBERTSON INSURANCE SERVICES INC License type: Fire and Casualty Broker- Status: Active Agent License type: Life Agent Status: Active Business Address: 5500 E SANTA ANA CANYON RD #201 ANAHEIM, CA 92807 0 Bond Information Bond Amount: $10,000 Bond #: FX - 0284338 Surety Co: 16691 - GREAT AMERICAN INSURANCE COMPANY Company Appointments This licensee is authorized to transact on behalf of the following insurers: AIG LIFE INSURANCE COMPANY AMERICAN ECONOMY INSURANCE COMPANY AMERICAN INSURANCE COMPANY (THE) License#: 0644648 Status Date:05/16/1983 Exp Date: 03/31/2005 Status Date: 09/26/1983 Exp Date: 03/31/2005 For: Life and Disability Effective: 07/21/1986 For: Fire and Casualty For: Fire and Casualty Effective: 06/25/ 1999 Effective: 05/ 16/ 1983 http://160.88.209.44/plslwu_lic_stsllicw_agy_det$.startup?Z_ORG_ID=8186&Z_AGY. LIC NBR=0644648 5/8/2003 License Status. - Agency Details Page 2 of 3 101 AMERICAN STATES INSURANCE COMPANY CONTRACTORS BONDING AND INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY FAIRMONT INSURANCE COMPANY FEDERAL INSURANCE COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND GUARANTY INSURANCE COMPANY FIDELITY AND GUARANTY INSURANCE UNDERWRITERS, INC. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY FIRST COLONY LIFE INSURANCE COMPANY FIRST NATIONAL INSURANCE COMPANY OF AMERICA FREMONT INDEMNITY COMPANY FRONTIER INSURANCE COMPANY GENERAL INSURANCE COMPANY OF AMERICA GREAT AMERICAN INSURANCE COMPANY OF NEW YORK CGREAT AMERICAN INSURANCE COMPANY GREAT NORTHERN INSURANCE COMPANY GULF INSURANCE COMPANY HARTFORD ACCIDENT AND INDEMNITY COMPANY HARTFORD FIRE INSURANCE COMPANY INDEMNITY COMPANY OF CALIFORNIA OLD REPUBLIC INSURANCE COMPANY OLD REPUBLIC SURETY COMPANY SAFECO INSURANCE COMPANY OF AMERICA SAFECO INSURANCE COMPANY OF ILLINOIS SEABOARD SURETY COMPANY For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty Effective: 06/25/ 1999 Effective: 06/27/ 1994 Effective: 12/29/2000 Effective: 10/02/ 1984 Effective: 08/30/ 1983 Effective: 05/27/ 1983 Effective: 01 / 15/2002 For: Fire and Casualty Effective: 01/15/2002 For: Fire and Casualty Effective: 10/10/1996 For: Life and Disability Effective: 07/12/1985 For: Fire and Casualty Effective: 07/20/ 1983 For: Fire and Casualty Effective: 05/31 / 1983 For: Fire and Casualty Effective: 02/24/ 1999 For: Fire and Casualty Effective: 07/20/ 1983 For: Fire and Casualty Effective: 04/27/ 1990 For: Fire and Casualty Effective: 01/01/1985 For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty Effective: 03/ 11 / 1999 Effective: 08/ 10/2000 Effective: 12/ 11 / 1985 Effective: 12/ 11 / 1985 Effective: 10/30/ 1984 Effective: 04/2 8/2003 Effective: 04/28/2003 Effective: 07/20/ 1983 Effective: 06/29/ 1999 Effective: 01 / 15/2002 209.44/pls/wu_lic_sts/licw_agy_det$.startup?Z_ORG_ID=8186&Z_AGY_LIC NBR=0644648 5/8/2003 License Status - Agency Details y Page 3 of 3 • ST. PAUL FIRE AND MARINE INSURANCE COMPANY ST. PAUL GUARDIAN INSURANCE COMPANY ST. PAUL MERCURY INSURANCE COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS TRAVELERS CASUALTY AND SURETY COMPANY TRAVELERS CASUALTY COMPANY OF CONNECTICUT UNITED STATES FIDELITY AND GUARANTY COMPANY VIGILANT INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTERN SURETY COMPANY Records 1 to 47 For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty Effective: 01 / 15/2002 Effective: 01 / 15/2002 Effective: 01 / 15/2002 Effective: 05/23/2000 Effective: 02/ 19/2003 Effective: 05/30/2001 Effective: 02/ 19/2003 Effective: 01 / 15/2002 Effective: 12/23/ 1992 Effective: 02/23/ 1993 Effective: 07/29/ l 998 If you have any questions about the license information you retrieved, please see the most commonly asked questions in our License Questions and Answers section. If you need further assistance, please call CDI's Producer License Bureau at (800) 967-9331 or (916) 322- 3555, or send an e-mail to Producer Licensing Bureau Please be sure to include your name, license number, e-mail address and telephone number in all correspondence with the Department. Need Help? Last Revised - January 08, 2003 08:34 PM Copyright © California Department of Insurance Disclaimer 44/pls/wu_lic_sts/licw_agy_det�.startup?Z_ORG ID=8186&Z AGY LIC NBR=0644648 5/8/2003 '' License Status - Agency Details f �- Page 1 of 5 Agency License Details D mffor eent of ns nce The license status information shown below represents information taken from the CDI licensing database at the time of your inquiry.This information may not always be current. For example, items sent to the Department may be pending review or simply may not have been entered into our licensing database yet. Continuing Education. hours quoted may not reflect courses taken in the last 45 days. This database •will reflect concluded disciplinary actions against licensees. Complaints and ongoing investigations are confidential and, therefore, not available. You may also check for an enforcement action by clicking here. Name: SHERMAN & PARENT BROKERS OF INSURANCE LLC License#: 0003912 DBA: SHERMAN/PARENT INSURANCE BROKERS, LLC Comments: "SHERMAN/PARENT INSURANCE BROKERS, LLC" MUST BE USED FOR ALL INSURANCE BUSINESS CONDUCTED IN CALIFORNIA License type: Fire and Casualty Status: Active Status Date: 06/16/1997 Exp Date: 06/30/2005 Broker -Agent License type: Life Agent <" Status: Active Status Date: 06/16/1997 Exp Date: 06/30/2005 Business Address: 4770 CAMPUS.DR. # 100 NEWPORT BEACH, CA 92660 Bond Information Bond Amount: $10,000 Bond #: FX - 133955 Surety Co: 10216 - AMERICAN CONTRACATORS INDEMNITY COMPANY Company Appointments `http:H160.88.209.44/pls/wu_lic_sts/licw_agy_det$.startup?Z_ORG_ID=18151&Z AGY_LIC_NBR=0003912 5/8/2003 License Status - Agency Details Page 2 of 5 This licensee is authorized to transact on behalf of the following insurers: AETNA LIFE INSURANCE COMPANY For: Life and Disability Effective: 04/14/2000 AIG LIFE INSURANCE COMPANY For: Life and Disability Effective: 02/26/1999 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA For: Fire and Casualty Effective: 08/25/1997 AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS For: Life and Disability Effective: 04/27/1999 AMERICAN GENERAL LIFE INSURANCE COMPANY For: Life and Disability Effective: 08/26/2002 • AMERICAN HERITAGE LIFE INSURANCE COMPANY For: Life and Disability Effective: 01/26/2002 AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY For: Fire and Casualty Effective: 05/16/2001 AMERICAN MOTORISTS INSURANCE COMPANY For: Fire and Casualty Effective: 05/16/2001 AMERICAN PROTECTION INSURANCE COMPANY For: Fire and Casualty Effective: 05/16/2001 AMERICAN RELIABLE INSURANCE COMPANY For: Fire and Casualty Effective: 06/01/2002 AMERITAS LIFE INSURANCE CORP. For: Life and Disability Effective: 11/30/1999 ASSURANCE COMPANY OF AMERICA For: Fire and Casualty Effective: 04/24/1998 BC LIFE & HEALTH INSURANCE COMPANY For: Life and Disability Effective: 06/01/1997 BERKLEY INSURANCE COMPANY For: Fire and Casualty Effective: 07/15/1999 BERKSHIRE LIFE INSURANCE COMPANY OF AMER.ICA For: Life and Disability Effective: 06/01/2001 C.M. LIFE INSURANCE COMPANY For: Life and Disability Effective: 01/28/2003 CALFARM INSURANCE COMPANY For: Fire and Casualty Effective: 10/24/2001 CAMDEN FIRE INSURANCE ASSOCIATION (THE) For: Fire and Casualty Effective: 01/31/2001 CNA CASUALTY OF CALIFORNIA For: Fire and Casualty Effective: 08/25/1997 COLONIAL LIFE & ACCIDENT INSURANCE COMPANY For: Life and Disability Effective: 01/01/2001 CONNECTICUT GENERAL LIFE INSURANCE COMPANY For: Life and Disability Effective: 02/09/1999 \_ CONTINENTAL CASUALTY COMPANY For: Fire and Casualty Effective: 08/25/1997 CONTINENTAL INSURANCE COMPANY (THE) For: Fire and Casualty Effective: 08/25/1997 CPIC LIFE INSURANCE COMPANY For: Life and Disability Effective: 10/10/1997 EMPLOYERS' FIRE INSURANCE COMPANY (THE) For: Fire and Casualty Effective: 01/31/2001 •—http:H160.88.209.44/pls/wu_lic_sts/licw_agy_det$.startup?Z_ORG_ID=18151&Z AGY_LIC NBR=0003912 5/8/2003 -; d: License Status - Agency Details Page 3 of 5 r1 FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND GUARANTY LIFE INSURANCE COMPANY FIDELITY SECURITY LIFE INSURANCE COMPANY FOLKSAMERICA REINSURANCE COMPANY FORTIS BENEFITS INSURANCE COMPANY GE CASUALTY INSURANCE COMPANY GE GROUP LIFE ASSURANCE COMPANY GOLDEN EAGLE INSURANCE CORPORATION GREAT -WEST LIFE & ANNUITY INSURANCE COMPANY GREENWICH INSURANCE COMPANY GUARDIAN LIFE INSURANCE COMPANY OF AMERICA (THE) HUDSON INSURANCE COMPANY HUMANA INSURANCE COMPANY JEFFERSON PILOT FINANCIAL INSURANCE COMPANY JEFFERSON-PILOT LIFE INSURANCE COMPANY LUMBERMENS MUTUAL CASUALTY COMPANY MARYLAND CASUALTY COMPANY MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA NATIONWIDE LIFE INSURANCE COMPANY NETHERLANDS INSURANCE COMPANY (THE) NORTHERN ASSURANCE COMPANY OF AMERICA (THE) NORTHERN INSURANCE COMPANY OF NEW YORK OLD LINE LIFE INSURANCE COMPANY OF AMERICA (THE) ONEBEACON INSURANCE COMPANY PACIFIC LIFE & ANNUITY COMPANY For: Fire and Casualty For: Life and Disability For: Life and Disability For: Fire and Casualty For: Life and Disability For: Fire and Casualty For: Life and Disability For: Fire and Casualty For: Life and Disability For: Fire and Casualty For: Life and Disability For: Fire and Casualty For: Life and Disability For: Life and Disability For: Life and Disability For: Fire and Casualty For: Fire and Casualty For: Life and Disability For: Disability Only For: Life and Disability For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Life and Disability For: Fire and Casualty For: Life and Disability Effective: 07/09/ l 997 Effective: 03/ 19/ 1998 Effective: 04/ 15/2003 Effective: 07/09/ 1997 Effective: 03/02/2001 Effective: 11 /25/2002 Effective: 06/ 15/2000 Effective: 08/ 15/ 1999 Effective: 11 /08/ 1999 Effective: 06/ 16/ 1997 Effective: 12/ 13/2000 Effective: 08/01 /2002 Effective: 09/05/ 1997 Effective: 04/ 15/2002 Effective: 04/ 15/2002 Effective: 05/ 16/2001 Effective: 04/24/ 1998 Effective: 01 /28/2003 Effective: 12/ 17/2001 Effective: 09/ 11 /2002 Effective: 04/03/2001 Effective: 01 /31 /2001 Effective: 04/24/ l 998 Effective: 04/ 18/2000 Effective: 01 /31 /2001 Effective: 02/09/2000 http://160,88.209.44/pls/wu_lic—sts/licw agy—det$.startup?Z ORG—[D=18151&Z AGY—LIC_NBR=0003912 5/8/2003 Limnse Status - Agency Details Page 4 of 5 0 PACIFIC LIFE INSURANCE COMPANY PACIFICARE LIFE AND HEALTH INSURANCE COMPANY PAUL REVERE LIFE INSURANCE COMPANY (THE) 0 PEERLESS INSURANCE COMPANY PENNSYLVANIA GENERAL INSURANCE COMPANY POTOMAC INSURANCE COMPANY OF ILLINOIS PRINCIPAL LIFE INSURANCE COMPANY PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY PRUDENTIAL INSURANCE COMPANY OF AMERICA (THE) QBE INSURANCE CORPORATION RELIANCE STANDARD LIFE INSURANCE COMPANY SECURITY LIFE INSURANCE COMPANY OF AMERICA SECURITY-CONNECTICUT LIFE INSURANCE COMPANY SOUTHWESTERN LIFE INSURANCE COMPANY STANDARD INSURANCE COMPANY SUMITOMO MARINE & FIRE INSURANCE COMPANY OF AMERICA TRANSCONTINENTAL INSURANCE COMPANY TRANSPORTATION INSURANCE COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS TRAVELERS CASUALTY AND SURETY COMPANY TRAVELERS CASUALTY COMPANY OF CONNECTICUT TRAVELERS INDEMNITY COMPANY OF CONNECTICUT (THE) TRAVELERS INDEMNITY COMPANY OF ILLINOIS (THE) TRAVELERS INSURANCE COMPANY (THE) TRAVELERS LIFE AND ANNUITY COMPANY (THE) For: Life and Disability For: Life and Disability For: Life and Disability For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Life and Disability For: Life and Disability For: Life and Disability For: Fire and Casualty For: Life and Disability For: Life and Disability For: Life and Disability For: Life and Disability For: Life and Disability For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Fire and Casualty For: Life and Disability For: Life and Disability Effective: 06/16/ 1997 Effective: 07/ 19/2000 Effective: 03/31/ 1998 Effective: 04/03/2001 Effective: 01 /31 /2001 Effective: 01 /31 /2001 Effective: 05/02/2001 Effective: 03/31 / 1998 Effective: 09/02/ 1997 Effective: 11 / 15/2002 Effective: 09/28/2000 Effective: 10/05/ 1999 Effective: 02/22/ 1999 Effective: 01 /22/ 1998 Effective: 01 /01 /2000 Effective: 12/31 /2001 Effective: 08/25/ 1997 Effective: 08/25/ 1997 Effective: 06/24/ 1999 Effective: 02/ 17/2003 Effective: 06/24/ 1999 Effective: 02/ 17/2003 Effective: 11 / 10/ 1998 Effective: 11 / 10/ 1998 Effective: 01/ 15/ 1998 Effective: 01 / 15/ 1998 m http://160.88.209.44/pls/wu_lic_sts/licw_agy_det$.startup?Z_ORG_ID=18151&Z AGY_LIC_NBR=0003912 5/8/2003 L`c— se Status - Agency Details Page 5 of 5 Is UNITED CONCORDIA INSURANCE COMPANY For: Life and Disability UNITED STATES LIFE INSURANCE COMPANY IN THE CITY OF NEW For: Life and Disability YORK (THE) UNUM LIFE INSURANCE COMPANY OF AMERICA For: Life and Disability VALIANT INSURANCE COMPANY For: Fire and Casualty VALLEY FORGE INSURANCE COMPANY For: Fire and Casualty VALLEY FORGE LIFE INSURANCE COMPANY For: Life and Disability ZENITH INSURANCE COMPANY For: Fire and Casualty Records 1 to 93 Effective: 08/ 12/ 1997 Effective: 02/ 19/2002 Effective: 11 /02/ 1999 Effective: 04/24/ 1998 Effective: 08/25/ 1997 Effective: 10/28/ 1997 Effective: 04/01 /2000 If you have any questions about the license information you retrieved, please see the most commonly asked questions in our License Questions and Answers section. if you need further assistance, please call CDI's Producer License Bureau at (800) 967-9331 or (916) 322- 3555, or send an e-mail to Producer Licensing Bureau Please be sure to include your name, license number, e-mail address and telephone number in all correspondence with the Department. Need Help? ' Last Revised - January 08, 2003 08:34 PM CopyrightU' California Department of Insurance Disclaimer http://160.88.209.44/pls/wu_lic_sts/licw_agy_det$.startup?Z_ORG_ID=18151&Z_AGY L[C_NBR=0003912 5/8/2003 EXECUTED IN THREE COUNTERPARTS Bond No. 5443776 Initial premium charged for this bond Is $2 084 subject to adjustment upon completion of contract at applicable rate on final contract price. G-WM ANERICAN INSURANCE COMPANY CONTRACT BOND CALIFORNIA FAITHFUL PERFORMANCE —PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That we, ELITE BOBCAT SERVICE, INC. as Principal, and GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto _ THE CITY OF HUNTINGTON BEACH _.. as Obligee, in the sum of *** .Dollars, ($ 189,422. 95 ) for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 20TH day of MAY, 2003 WHEREAS, the Principal and the Obligee have entered into a written contract, hereinafter called the Contract, a copy of which is or may be attached hereto, dated the 16TH day of _ MAY, 2003 for: ti RECONSTRUCTION AND IMPROVEMENT OF NANTUCKET NOW THEREFORE, the condition of the foregoing obligation is such that if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said contract, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, in event of any default on the part of the Principal, a written statement of the particular facts showing the date and nature of such default shall be.immediately given by the Obligee to the Surety and shall be forwarded by registered mail to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202. AND PROVIDED FURTHER, that no action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless the same be brought or instituted and process served upon the Surety within twelve months after completion of the work mentioned in said contract, whether such work be completed by the Principal, Surety or Obligee; but if there is any maintenance .or .guarantee period provided in the contract for which said Surety is liable, an action for maintenance may be brought within six months from the expiration of the maintenance period, but not afterwards. ELITE BOBCAT SERVICE, IN. . (SEAL) GREAT AMERICAN INSURANCE COMPANY BY: Z__"J BY: i, �A 111C1- 12S1 �1} (SEAL) RICHARD A. COON Principal Attorney -in -Fact ***ONE HUNDRED EIGHTY NINE THOUSAND FOUR HUNDRED TWENTY TWO AND 95/100 5.1052A-2/78 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 5/21/03 before me, Sarah D. Allen — Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the. person acted, executed the instrument.: . WITNESS my hand and official seal. SARAH D. ALLEN Q Comm. # 1232868 D M NOTARY PUBLIC - CALIFORNIA D San Bernardino County Lure of Notary MY Comm. Expires August 22, 2003 6 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 5/20/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL �X CORPORATE OFFICER President / Secretary TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING- Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENTITY(S) • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5/20/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC .personally appeared RICHARD A. COONpersonally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my han and official seal. LEXIESHERWOOD1 0M COMM. * 131 1304 (/, � / /1,1,eV711 (�jNOTARY PUBLIC-CALIFORNIA +n ORANGE COUNTY 0 i ature Notary Public COMM. Ev. DULY 27, 2005'' :OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND. TITLE OR TYPE OF DOCUMENT HUM M OF PAGES 1 DATE OF DOCUMENT 5/20/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER (s) PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) OTHER. SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) EXECUTED IN THREE *TERPARTS • BOND #5443776 PREMIUM: INCLUDED IN PERFORMANCE BOND GWMAlWIZICAN INSURANCE COMPANY LABOR AND MATERIAL PAYMENT BOND —PUBLIC WORK (California) .. KNOW ALL MEN BY THESE PRESENTS: That we, ELITE BOBCAT SERVICE INC as Principal and the GREAT AMERICAN INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of Ohio.and authorized to transact surety business in the State of California, as.Surety, are held and firmly bound unto any and all rnaterialmen, persons, companies. or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid, in the sum of ONE HUNDRED EIGHTY NINE THOUSAND FOUR HUNDRED TWENTY TWO AND 95/100 Dollars,($ 189,422.95 l lawful money of the United States of America, for the payment whereof well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed with our seals and dated this 20TH day of MAY, 2003 The condition of the fore oing obligation is such that, whereas the above bounden Principal has entered into a contract, dated 16 MAY, with THE CITY OF HUNTINGTON BEACH to do and perform the following work, to -wit: RECONSTRUCTION AND IMPROVEMENT OF NANTUCKET NOW, THEREFORE, if the above bounden PRINCIPAL, contractor, person, company or corporation, or his or its sub -contractor. fails to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 3181 of the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed by any such claimant. Including any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the contractor and his sub -contractors pursuant to Section 18806 of the Revenue and Taxation Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed for the purpose of complying with the laws of the State of California designated as Title 15, Chapter 7, Works Of Improvement, commencing with Section 3247 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code, of the State of California. _ ELITE BOBCAT SERVICE, :INC. (SEAL) (SEAL) JOSeph A. Nanci-President j &eC' Principal GREAT AMERICAN INSURANCE COMPANY BY: RICHARD A. COON Attorney -in -Fact 5-924B - 7/77 0 • CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 5/21/03 before me, Sarah D. Allen — Notary Public personally appeared Joseph A. Nanci personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. tun of Notary Pu 'c SARAH D. ALLEN Comm. # 1232868 D 1 NO i ARY PUBLIC - CALIFORNIA D San Bemardino County My Comm. FxDires August 22, 2003 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: Labor and Material Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 5/20/03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER President / Secretary n �---- ] TITLE(S) PARTNER(S) ❑ ATTORNEY -IN -FACT . ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: Elite Bobcat Service, Inc. NAME OF PERSON(S) OR ENIM(S) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF `ORANGE On 5/20/03 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared RICHARD A. COON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand a d official seal. U ;� LEX{E SHERWOOD� COMM. # 1311304 J!�` a► Z;-^- NOTARY PUBLIC-CALIFORNIA ,�. � a�,.C„�/ GRANGE COUNTY A S4ae of otary Public .; ,� COMM. EXP. JULY 21, i003.A OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NUMEER OF PAGES 5/20/03 CAPACITY CLAIMED:.BY SIGNER ❑ INDIVIDUAL [:]'CORPORATE OFFICER TITLE (S ) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: GREAT AMERICAN INSURANCE COMPANY NAME OF PERSON(S) Oz. ENTITY(S) GUM AR EMCAN INSURANCE COMPANY* 580 WALNUT STREET • CINCINNATI, OHIO 45202.513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 14046 SIX. POWER OF ATTORNEY KNOW. ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporationorganized' and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID L. CULBERTSON DIANA LASKOWSKI ALL OF ALL CHARLES L. FLAKE KAREN CHANDLER ANAHEIM, UNLIMITED RICHARD A. COON LEXIE SHERWOOD CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of June . 2001 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY.OF_HAMILTON — ss: . On this 19th day of June, 2001: before me personally appeared DOUGLAS R. B.OWEN, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalfof the Company, as surety, anvandal] bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract orsuretyship, orother written obligation in thenature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 20TH day of MAY 1. 2003 TERRORISM COVERAGE, EUDER NOTICE -DISCLOSURE Or, TERRORISM COVERAGE AND PREMIUM The Terrorism Risk insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the; definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part ofBond No. 5443776 _, effective 5/20/03 In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance: Company of New York and Great Amorican Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury,. will pay u share_ of terrorism. losses 'insured under the terms of the Act. The federal share equals 90% of that portion of. the amount of such insured losses that exceeds the applicablo insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, :attributable to the coverage: arising from tosses for Terrorist Acts Certified under that Act. 'fhe portion of your annual premium that is attributable to coverage for Terrorist Acta Certified under the Act is: $:00. • C ` • May 22, 2003 M Q3 INC. ELITE BOBCAT SERVICE GENERAL ENGINEERING Mr. Chris Gray G City of Huntington Beach City Corporation Yard c 17371 Gothard Street — Huntington Beach, Ca 92647 Project: Reconstruction and Improvement of Nantucket — MSC - 419 ' Re: Concrete and Asphalt Mix Designs Mr. Gray, Please find attached Mix Designs for the following: Concrete Asphalt 1. 520-C-2500 1. Class C2 V2" AR4000 I hope this meets with your approval, please let me know at your earliest convenience if you require any additional information. Sincerely, VD Sarah Shaw EBS, Inc. Attachments 1320 E. SIXTH ST., SUITE 100 • CORONA, CA 92879-1700 • OFFICE: (909) 279-6869 • FAX: (909) 279-6832 MAY. 21. 2003 12: 56PM STAND40 CONCRETE 909 628 9340 -NO. -212 P. _ 213 STANDARD CONCRETE PRODUCTS; INC. WESTMINSTER PLANT Mix No. 54-5825 Date: 0541/2003 Project Name- Nantucket Reconstruction & Improvements- Mix Noa M-5825 Project Address: Nantucket Street Huntington Beach Speci 2,500 psi 0 28 days General Contractor: City of Huntington Beach A.gg Size: I" Sub Contractor: Elite Bobcat Service Slump:. 4.0" W/C Ratio: 0.61 Description: 520-C 2500 1" Per Standard Specifications for Public Works Construction Weight per Cubic Yard (S.S.D.) Absolute Volume -- �� Cement 416 lbs 2.I2 C.F. Aggregate Ratios: Fly Ash 104 lbs 0.75 C.F. 0 Rio 1.5" Rock 0 lbs 0.00 C.F. 40 % 1 Rock 1247 lbs 7.46 C.F. 15 % 3/8" Rock 456 lbs 18.65 2.80 C.F. 45 % #1 Send 1351 lbs 8.39 C.F. 0 % #2 Sand 0 lbs 0.00 C.F. Admixtures: 1, WRDA-64 0.0 fl.oz. 1.5 % Air 2. Entrapped 0.0 fl.oz. 0.41 C.F. Slump: 4.0" Allowable Water: 38 Gallons 316.54 lbs 5.07 C.F. Total: 3891 lbs 27.00 C.F. Unit Weight: 144.1 pof Material Source Sp.Gr. Sp.Wt. Cement Portland Type U 1 V 3.14 195.94 Fly Ash Type F 2.22 138-53 1.5" Chandler's Sand & Gravel, Corona 2.65 165.36 i,. Livingston -Graham, Eagle Valley 2.68 167.23 3/8" Chandler's Sand & Gravel, Corona 2.61 162.86 Sand Chandler's Sand & Gravel, Corona 2.58 160.99 Sand Werner Corp., Corona 2.S8 160.99 WRDA-64 W. R Grace Company 0 02JI00 We Daravair W. R. Grace Company 0 oz./100 wt. J.4 ::.. . YohaKeddon Approved By: ec "cal Services 'MAY, 21.2003 '-12, 57PM STAND CONCRETE 909 628 9340 N0.212 P. 3/3 0.. Mir' _ Malting: Post Office Box 15326 - Santa. Ana, CA 92735-0326 Administrative oince: 2002 East MOadderi, Suite 150, Santa Ana, CA 9270S �d Telephone (714) 245-1SSO - Fax (714) 245-2970 Combined Aggregate GradaliarrIar Standard Concrete Mix No. 34-5828 - Westminster Plant Per Standard Specifications for Public Works Construction (SSPWC) Aggregate Sources: 1" Rock Livingston -Graham, Eagle Valley 318" Rock Chandlers Sand rli Gravel, Corona Concrete Sand Chandlers Sand & Gravel, Corona Sieve 1" 03 318" #4 Concrete Sand Sizes: Rock Grading Rock Grading Sand Grading Percentage 40 15 45 100 100 100 100 1" 98 90-100 100 100 3/4" 72 55-85 100 100 1 /2" 12 100 100 100 3/8" 3 8.20 90 85-100 100 100 #4 1 0-5 13 0-30 .99 95-100 #8 0-5 3 0-10 78 76-90 #16 2 53 55.76 #30 34 30-50 #50 19 10-25 9100 7 2-10 #200 0 0-2 0 0-2 2 0-5 Cleanness Value 80 Sand Equivalent 80 All aggregates are certified to conform to the requirements of ASTM C43 84 Date: 05/21 /2003 Combined C Sieve Grading Grading Sizes: 100 100 1 112" 99 95 - 100 1" 89 77 - 93 3/4" 65 1 /2" 60 50 - 70 '"'1 47 39 - 51. 04 36 31 - 41 #8 24 22 - 32 #16 15 12 - 22 #30 9 3 - 9 050 3 0 - 3 #100 1 0 - 2 #200 ALL AMERIC01 ASPHALT 14490 Edwards Ave. WestminsW CA VM3 (9m)""m Ww"Inder Batch Mix Facility Quotet 224011 Submittal * 3645 Project HUNTINGTON BEACH General: ESS Mix Number: 100113 Mix Type: CLASS C2 11r Asphalt Grade: AR-4000 Plant Oda Sin 0 4 3 2 1 5 96 Binder 31-C 117 &W Rock dust R.A.P. SMWL 0.0% 22.1% 34.8% 43.1% 0.0% 5.40% %total Wt.5A0% .......... . ...... 21 - M ...... ...... ...... . .... . ......... . 9% ............. % Passing ............ ............ ............ Combined 1 Inch ............ 0010% 100-096 :::Aft 100.0% 3/4 Inch Ao0.o% 100.0% 100.0% V2 Inch 18.0% W. 0% 97.8% 301 Inch . ............ .0% 100.0% % 84.4% #4 0.00A 1.0% .::::2 7.0% 99.0% ::VA" % 52.3% #8 0.0% 0.0% ....... . ... :6.0% 79.09b '4% 35.8% #is 0.0% 0.0% 1.()% 57.0% 24.9% # 30 0.0% 41.0% ::7V% 17.7% # so 0.0% 0.0% 0.0% 31.0% .7% 13.4% # 200 .......... aft ........... 0.0% 0.0% 11.0% ............ 4.7% Specifications for CLASS C2 11Z 1 Inch 3/4 Inch 12 Inch 3/8 Inch #4 #8 #Is # 30 # 50 # 200 Min Max 1 Min Max 1 Min Max 1 Min Max Min Max 1 Min Max 1 1 Min Max Min Max Min Max 1 100 100 100 100 96 100 721 88 46 60 28 42 151 27 101 20 2 7 100.0% 100.0% 97.8% 84.4% 52.3% 35.8% 24.9% 17.7% 13.4% 4.7% ALL AMEMCM ASPHALT 1778 AD American Way Corona, CA (W9)73&?8W Corona Drum Mix Facility pate; Qucts* 224011 Submittal A 3846 Project HUNTINGTON BEACH Mix Number: 10013 Ganeml- Ess Mix Type: CLASS 02 1r2 Asphalt Grade: AR-4000 Pilot Daft Feeder# 1 2 3 4 5 % BMW 3/4* Itr 319" Rock dust Send R.A.P. Wt. 0.0% 24.9% 29.1% 33.9% 12.1% 0.0% 6.40% ........... ............. ........ 0.0% :':;23.8% ltb% i2% %Total WL 6: 6% 5,10% % Pa :4PassingCombined I Inch ...... . .......... :JW.0vA ........ ... ............ C60% 100.0% 3/4 Inch 85.0% 100.0% :::100.0% :A4.0.0% 100.0% 112 Inch .O,OOA ::::;::::1:900.0% % 97.0% 3/8 Inch :Ado 0% oo.c)% 82.2% 4 0.096 :zo% .. ......... :0% ::!::::.::::05.7% 63.3% 0.0% 0.0% ;.0% :7. ... ....... % 34.3% Ole .......... 0.()% 0.cffi ............. 24.9% m .4- ... . :.1-owa :: ::w,.1fj 18.2% so .......... 0.0% 0.0% CIO% .a.0% .0% 13.6% 0 200 0.096 % ............ 6.6% SpecMeatlons for CLASS C2 I*" I Inch 3/4 Inch 1/2 inch inch # 4 # a #is # 30 0 w # 200 Min Max 1 on Max 1 Min 1 Max Min Max 1 Mir) Max 1 Min Max 1 1 Min 1 Max Min Max 1 Min Max 1 100 100 100 1W 95 100 72 88 46 60 28 42 15 27 10 20 2 7 100.0% 100.0% 97.0% 82.2% 53.3% 34.3% 24.9% 18.2% 13.5% 5.5% • ALL AMENCAN A8PHALT 10671 Jdft Road Irvine, cammis 92720 (909)738.7800 Irvine Double Drum Mix Facility Quote Or 224011 Submittal lk 3846 project; HUNTINGTON BEACH I General; ESS Date, 5/21)2003 Mix Number 100113 Mbc Typo. CLASS 02 1/7 Asphalt Grade: AR-4000 Plant Data Feeder A 1 2 3 1 4 5 I I % Binder %DEy Wt. 0.0% 24.9% 1 29.1% 33.9% 12.1%. 0.0% 5.40% %TOWI M& 0.0% 5% 5.10% % Passing Combined I Inch ............ 00.0% -�-::-:A.00.0% :.:100.0% D% 100.0% 3/4 Inch W.M ,i,:100.0% 100,0% ... ::.:: 00.0% .:.:i.dO.o% 100.0% 1/2 Inch 13.0% ::92.0*A !:.I01.096 :::'4w.0% 100.6% 98.0% Inch 1.0% :.::::.29.0% go.*% :.-Ado.0% :W A15% 04 0.0% 1.0096 .0% :.:.:,::95.7% . .......... 63.10A 08 O.C)% .... ...... 0.0% . .......... ... . 4% 36.7% #18 0.0% 0% 26.9% # 30 0.C4% 0.0% , M16 .:38.0% -;-::; .: :3e.0% : ... 17.0% 060 0.0% 0.0% 0% '31.0% 12.9% 0200 0.0% 0.0% .. .... .... Specifications for CLASS C2 I/? I Inch 3/4 Inch W Inch 318 Inch #4 # a Ole 030 050 #2w Min I Max Min I Max Min I Max Min I Max Min Max 180 Min Max 1 Min Max 1 Min Max l Min Max100 1 100 100 100 05 100 72 88 46 28 42 15 27 10 20 2 7 100.0% 10010% 98.0% 01.8% 63.1% 35.7% 25.9% 17.9% 12.9% 6.5% ALL AMENCAN ASPHALT golo Swft Ana C"n Road Data: 5/21/2003 Anaheim, California 0=7 (WO)730-76W Analvelffl Double Drarn Mix Fadlky QUOM * 224011 Submittal 0. 3845 . Protect HUNTINGTON BEACH General: ESS Mix Number. 100113 Mbc Type c CLASS C2 1JT Asphalt Orede; AR4000 PIMA Data Feeder 0 1 2 3 4 6 % Binder 31C 1/7, 3W R(R* dust Sand R.A.P. %gry Wt. 0.0% 24.9% 29-IOA 33.9% 12.1% 0.0% 5.40% %Total WL ...... :::: 0.0% ............ ............ =47AM ...... 5.10% % Passing Combined I Inch ....... A 00.0% 100.0% 3/4 Inch :.::::A0().O% 1pf3.096 100,0% V2 Inch 13.096 ::1?100.0% :--00.096 'Im WO Inch 1.0% ........... U0.0% .... .... ... 100.0% W.5% 82.3% 04 0.0% ............ 1.0% 0% 06 0% N.%.7% Wm 54.1% 0.0% 0.0% :::..#.0% ::,:.::.:75:;0% :H:N�::89 .6% 35.5% #16 0.0% 0.0%0196 A 28.5% 30 0.0% 0.0% 18.2% 050 0.0% 0.0% .. .... ... ... . . ..... ............ 15.5% rm 13.0% 200 0.096 0.0% !:::: .: i :::1::1 ........... 4 6.2% Specifications for CLASS C2 I/Z' I Inch 3/4 Inch 1/2 Inch 3f8 Inch f 4 #a #Is 030 * so 0200 Min Max 1 Min Max Min Max 1 Min Max 1 Min Max 150 Min I Max win I Max Min I Max Min I Max 100 100 1001 100 96 100 72 68 46 28 42 15 27 10 20 2 7 100.0% 100.0% 98.0% 02.3% 64.1% 36.5% 28.5% 18.2% 13.0% 5.2% l • �Yi yP — find ✓e BID DATE: J'� ,� b3 _ TIIVIE Engineer's Estimate: $ BID LIST BIDDER's NAME RANK TOTAL BID AMOUNT 1. ALL ell-mcvIkepW PS'PRAC 3 $ 3 09 Ll-, 7a 2.F 11 T- 9013CPtT SERV I c a 3. No�3E.5 tNC. $ 2,o4- 4. W A S Rgsic coius T, $ 5. $ 6. $ 7. $ 8. $ 9. $ 10. $ 11. $ 12. $ 13. $ 14. $ 15. $ VV CITY OF HUNTINGTON BEACH MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: PW 03-017 Council/Agency Meeting Held: Deferred/Continued to: k(Approved ❑ Conditionally Approved ❑ Denied P, U Clerk's Signature Council Meeting Date: April 7, 2003 Department ID Number: PW 03-017 6—n_ j CITY OF HUNTINGTON BEACH o gbse-d) REQUEST FOR COUNCIL ACTION. - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS `f7. SUBMITTED BY: RAY SILVER, City Administrator D PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works ;n SUBJECT: AUTHORIZE THE ADVERTISEMENT OF STREET IMPROVEMENTS ON NANTUCKET DRIVE — MSC 419 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications for the repair or replacement of certain public improvements along Nantucket Drive (MSC 419) are complete and ready for competitive bidding. Funding Source: Funds in the amount of $200,000 are budgeted in the Measure M Fund, Street Improvements Account No. 2139004.82300. Recommended Action: Motion to: 1. Approve the Plans and Specifications and authorize the Director of Public Works to request construction bids for the repair or replacement of sidewalks, curbs and gutters on Nantucket Drive. Alternative Action(s): Deny approval and forego completion of the budgeted improvements. Analysis: Prior to the mid-1970's, typical residential lots included a landscaped parkway between the back of curb and the public sidewalk. City -owned and maintained trees are planted in most of the parkways. Over the years, many trees have grown so large that the roots have raised curbs, gutters and sidewalks. The damage to these public improvements creates numerous problems, including raised areas along portions of the sidewalks and standing water in some gutters. G:\R C A\2003\03-017 April 7 Jones (MSC 419 - Nantucket Drive).doc 3/24/2003 11:36 AM • • REQUEST FOR COUNCIL ACTION MEETING DATE: April 7, 2003 DEPARTMENT ID NUMBER: PW 03-017 Property owners routinely request the repair or replacement of these public improvements; however, it is preferable to first correct the underlying problems. The correction includes the removal of the large parkway trees and replacement with a species that is less likely to cause damage. City staff is reluctant to remove any parkway tree without homeowner involvement. In 1988, a program was initiated wherein residents of a street could submit a petition to have their parkway trees removed and the appropriate improvements scheduled for completion. Improvements are made based on available funds and are prioritized based on the condition of sidewalks, curbs and gutters and the date of the petitions. This year's Measure M budget includes sufficient funds to cover the $200,000 estimated cost of removing and replacing the public improvements along Nantucket Drive. This repair will affect one street with 32 residential units. Nantucket Drive has been on the Street Petition List since November 1993. Plans and Specifications: Project plans and specifications are available for review in the Public Works Department. Public Works Commission Review: The Public Works Commission recommended approval at its March 19, 2003, meeting by a vote of 5-0-2 (Commissioners Gartland and Johnson were absent). Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 1503 (c). Attachment(s): List attachment(s) below. RCA Author: Jones/Flynn:jm G:\R C A\2003\03-017 April 7 Jones (MSC 419 - Nantucket Drive).doc -3- 3/24/2003 11:36 AM ATTACHMENT #1 0 0 3/1712003 4:33:54 PM Annik Dr. 0 --J 0 Veronica Dr. Warfleld Dr. r 12 0 41 Elva C1 . L—j Madeline Dr. 7---- oneer. Dr. Gettysburg Dr. --Lj Crawford Cir. City of Huntington Beach Scale: 1 " = 439' Ave. Adams Ave. L-J Grand Dr. ---------- T-T! Greenwich Dr. Portsmouth Dr. !,E Nantucket Dr. T—T Hyannis Port Dr. —T L----------- L---- Cape Cod Dr. Groton Dr. LOCATION MAP Nantucket Drive Ga 0 0 km Location Map s • RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: AUTHORIZE THE ADVERTISMENT OF STREET IMPROVEMENTS ON NANTUCKET DRIVE -- MSC 419 COUNCIL MEETING DATE: April 7, 2003 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & 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 (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) 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' FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FM RETURN OF ITEM' RCA Author: Jones/Flynn REQUEST FOR LATE SUBMITTAL (To accompany RCA's submitted after Deadline De artment: Public Works I I Subject Advertise Street Improvements on Nantucket Council Meeting Date: 4/7/03 I I Date of This Request: 3/25/03 REASON(Why is this RCA being submitted late?): Last minute revisions to RCA EXPLANATION(Why is this RCA necessary to this agenda?): Project should begin as soon as possible. CONSEQUENCES (How shall delay of this RCA adversely impact the City?): Sidewalk replacement project will be delayed. ure: [-Approved 0 Denied 4& Z Department Head Ray Silver City Administrator DocumenO 07114/94 Brockway, Connie From: Brockway, Connie Sent: Friday, June 20, 2003 9:05 AM To: Charlonne, Eric Subject: elite bobcat MCS 419 pedestrian improvements Eric, Please review these documents. It seems the insurance is for another Bobcat contract. I am starting letters and return of bid bonds but can't get the conract together until I'm sure the ins is ok plus the bonds need city atty approval as to form. Connie 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 issue of said newspaper to wit the Issue(s) of: April 17, 2003 April 24, 2003 May 1, 2003 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on _ May 1 , 2003 at Costa Mesa, California. EWE% Signature NOMFIIVRNGSfiUED special statues pursuant to which proceedings BIDS ffuMS(-419 hereunder are taken and Notice is hereby given which have not been that sealed bids will be, superseded by the received by the City of provisions of the Labor Huntington Beach at the Code, Preference to office of the City Clerk labor shall be given only at City Hall, 2000 Main in the manner provided Street. Huntington Beach, CA 92648, until bylaw. No bid shall be con - the hour of 2:00 PM on sidered unless it is made May S, 2003, at which on a form furnished by time bids will be opened the City of Huntington publicly and read aloud Beach. Department of in the Council Chambers Public Works, and is for the RECONSTRUC- made in accordance with TION OF NANTUCKET the provisions of the DRIVE in the City of proposal requirements. Huntington Beach. Each bidder must be A speci- licensed and also set of plans, fications, and contract prequalified as required documents may be' obtained starting April I by law. The City Council of the 18, 2003, at City Hall, City of Huntington Beach Department of Public right to Works upon receipt of a reject any or all bids. non-refundable fee off $25.00, sales tax I By order of the City Council of the City of included, if picked up ar Huntington Beach, Cali- $35-00 if mailed. forma the 9th of April Each bid shall be made 2003. on the Proposal Form Connie Brockway, provided in the contract City Clerk of the documents, and shall be City of Huntington Beach accompanied by a cer- tified or cashier's check 2000 Main Street or a bid bond for not (714) 536-5431 less than 10`.k of the Published Huntington amount of the bid, made Beach Independent April payable to the City of 17, 24, May 1, 2003 Huntington Beach. The 043-822 I Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California, and other Laws of the State of California applicable thereto, with the ex- ception only of such variations that may be required under the MOL-9 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockway To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 375-8430 Date: Aaril 9.2Q03 ProjectlC.C. No.: MSC 419 Regarding: Reconstruction of Nantucket Drive ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Invit/no Sealed Bids Item # ICo ies Pa es Descri ion 1 2 1 Notice 1hyffing Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Retum corrected prints ❑ For reviewicomment ❑ Other: Remarks: On APRIL 7, 2003, the City Council authorized the advertisement of the Reconstruction of Nantucket Drive. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for the following three (3) days: 4/17, 4/24 and 5101. The bid opening is scheduled for 5/05/03. Please contact me at extension 5040 with any questions you may have. c: By: Chris Gray StreetlWastewater Supervisor DAVocumum AND Sm mNcs\GRAYc\MY Documum\MSC419TRAN9roCu:RR.D x • NOTICE INVITING SEALED BIDS a - 03 for MSC-419 O Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on May 5, 2003, at which time bids will be opened publicly and read -aloud in the Council Chambers for the RECONSTRUCTION OF NANTUCKET DRIVE in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting April 18, 2003, at City Hall, Department of Public Works upon receipt of a non-refundable fee of $25.00, sales tax included, if picked up or $35.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 9th of April 2003. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 MSC419 notice inviting sealed bids [F.MQ31NC. ELITE BOBCAT SERVICE GENERAL ENGINEERING May 21, 2003 Mr. Chris Grav City of Huntington Beach City Corporation Yard 17371 Gothard Street Huntington Beach, Ca 92647 Project: Reconstruction and Improvement of Nantucket MSC - 419 Re: Contract Mr. Gray, Please find attached the information required for the above project. 1. Labor and Material Bond (in triplicate) 2. Faithful Performance Bond (in triplicate) 3. Copies of Certificates of Insurance (originals sent directly to City by Carrier) 4. Contract I hope this meets with your approval, please let me know at your earliest convenience if you require any additional information. S' cerely, Sar Shaw EB c. Attachments 1320 E. SIXTH ST., SUITE 100 • CORONA, CA 92879-1700 • OFFICE: (909) 279-6869 • FAX: (909) 279-6832 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 IL LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 a CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this day of 20, by and between the City of Huntington Beach, a municipal corporation of the State of California, 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 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I 4 0 the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions. under which the work is -to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/cite const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative -Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein. by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 V CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. . 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10).working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within () 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 agree/forms/city const/4-03 4 • 0 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the- PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 0 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of 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 damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the partof CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it. finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Tune Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/cite const/4-03 9 0 13. VARIATIONS IN ESTIMATED OUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of.the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be. allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 I I 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, f CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 0 0 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 % %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications,. drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 • • 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/forms/cite const/4-03 17 TO CONTRACTOR: 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the_beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 • shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 C 0 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written CONTRACTOR print name ITS: (circle one) Chairman/President/Vice President AND print name ITS: (circle one) Secretary/Chief Financial Officer/Asst Secretary - Treasurer REVIEWED AND APPROVED: City Administrator agree/forms/city const/4-03 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk. APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works • CITY OF HUNTINGTON BEACH NW 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 25, 2003 EBS Inc. Elite Bobcat Service 1320 E. Sixth St. Suite 100 Corona, CA 92879-1700 Re: Reconstruction of Nantucket Drive MSC-419 Enclosed is a copy of the executed contract with the City of Huntington'Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5432 Sincerely, Connie Brockway, CIVIC City Clerk CB:jc Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance g:fol lowu p\cashcon t\cashcon-letter.doc (Telephone- 714-536-5227 ) CITY OF HUNTINGTON BEACH l2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 25, 2003 To: All American Asphalt P.O. Box 2229 Corona, CA 92878-2229 Enclosed please find your original bid bond issued by Fidelity and Deposit Company of Maryland for Reconstruction of Nantucket Drive MSC-419. Connie Brockway, CMC City Clerk Enclosure g3followup/cashcont/return bid bond.doc (Telephone: 714-536-5227 Fidefy and Deposit Compaxf of Maryland Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO. 085 97 423 , as Principal, (hereinafter called the "Principal"), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE Ilrt----- Dollars ($ 101/6 OF TOTAL BID PRICE ),for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TREE REMOVAL & THE RECONSTRUCTION AND UVIPROVEMENT OF NANTUCKET DRIVE BID DATE: MAY 5, 2003 NOW, TBEREFORE, if the .Obligee:shal.1 accept the bid of the Principal. and the Principal shall enter.into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28TH day of APRIL A.D., 2003 Y l S Witness ALL AMERICAN ASPHALT (SEAL) Pr' cipal C�itle LC �/%0ef i�-- FIDELITY AND DEPOSIT ONWANY OF MARYLAND Surety Bv AL) N 4. BR , Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland. Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language used in AIA Document A-310, February 1970 Edition. BID70000ZZ0701f 0 • SLATE OF CALIFORNIA SS. C00Y770F ORANGE On 4-28-03 before me, BARBARA J. BENDER, NOTARY PUBLIC PERSONALLYAPPEARED OWEN M. BROWN personally known to me )ODOMM to be the person( whose namefs) wbot subscribed to the within instrument and acknowledged to me that helabalft executed the same in his/her authorized capachy(ik and that by his/ipmftr signatures*on the instrument the person(, or the entity upon behalf of which the person( acted executed the instrument. MWESS my official seal. Signature OPTIONAL BARAARA J. 5END9t COmmftdoel fi tZ67491 Notay Rbtk • Cdifomla Ctonps Cm* 1@WNCZm'%I50wJ%A1&=4 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) D GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: WAN OF reee0uM OR O+rmrOEel FldeIV and Deposit Company of Maryland DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OF TYPE OF DOCUMENT 2LE�) NUM ER OF PAGES 4-28-03 DATE OF DOCUMENT ALL AMERICAN ASPHALT io-IM (REV. so>) ALL-PURPOSE ACKNOWLEDGEMENT • r� L Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d=y-' nate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and lawf , to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and o a ngs and the execution of such bonds or undertakings in pursuance of these ° as ompany, as fully and amply, to all intents and purposes, as if they had bec n a e regularly elected officers of the Company at its office in Baltim� jJ I w is power of attorney revokes that issued on behalf of Owen M. BROWN_dAm4'fi CM� The said Assistant 'SI'c _ f�fhat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- ° any, and is now in force. IN WITNESS OF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11 th day of February, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp 9fPps�i _ o ° Im t y. L. L, toucher Assistant Secretary M. P. Hammond. Vice President State of Maryland I ss: City of Baltimore On this IIth day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and L. L. GOUCHER, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 012-4160 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of R1 VeY51 C�P. On MCI before me, 1P_yin��� M Wew—n ,14t)� `u RlbilC. wn,. uW Tme of Oftw cap 'Am ON, No" personally appeared 1�ObeY� RY(Aeu . -\ OCy s' lbs(s , sq—(x) ,B'personally known to me ❑ proved to me on the basis of satisfactory evidence TENNILLE MORRIS Commission It 1374628 Notary Public -California Z6MyComm.E)#resSepI3,2006 Riverside County to be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that herah Mey executed the same in M~heir authorized capacity(ies), and that by hla/her/thelr 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. 09r&Wm of No" PuM OPTIONAL Though the infomtation below is not required by law, it may prove valuablato perxm relying on the document and could prevent 6audulent removal and reattachment of d* form to another document Description of Attached Document �j Title or Type of Document: BS k ,, i Document Date: �Dil 0��1 o�C� Number of Pages: Signed Other Than Named Above: Stu and bEpU i Linrytnu dt' ayukrl d Capaciq'- � iaimed by Signer Signer's Name: RQ on+ En -Tvrl ffns c is i ❑ Individual n _ Top of thump here Corporate Officer —Titie(s): �tC� ��fP'S'►C�1QYit SM, /Tye5 ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: �„ t �T 1�Y1ain NsDiYI��' 0 1999 NadaW Notary Aam*bn - 9360 Do Bob AVG., P.O. Box 2402 - Chauw dM CA 91313.2402 - wwowsd Wn iuYAn PMd. Na BW R6ardr. Cd To&Fru 14 00476 W ;, & CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 25, 2003 To: W.A. Rasic Construction Company, Inc. 11126 Wright Road Lynwood, CA 90262 Enclosed please find your original bid bond issued by Insurance Company of the West for Reconstruction of Nantucket Drive MSC-419. Connie Brockway, CIVIC City Clerk Enclosure g:/followup/cashcont/retumbid bond.doc ( Telephone: 714536-5227 I.C.W. GROUP INSURANCE COMPANY OF THE WEST t. EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL, SAN DIEGO, CA 92130-2045 PHONE: (858) 350-2920 FAX: (858) 350-2909. Bond Number: IC W-190 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, W.A. Rasic Construction Co., Inc. , (hereinafter called the Principal), and Insurance Company of the West , a corporation organized and doing business under and by virtue of the laws of the State of California , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called the obligee) in the just and full sum of Ten Percent of the Total Amount Bid Dollars (S 10% of the Total Amount Bid) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors. and assigns, jointly and severally, firmly by these presents. . THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 5/5/03 for bid: Tree Removal and The Reconstruction and Improvement of Nantuket Drive in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and Surety have caused these presents to be duly signed and sealed this lst day of May , 2003. W.A. Rasic Construction Co., Inc: BY: / / Insurance Company of the West BY: ----+� Attorney -in -Fact a Huckabay CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On .05/01/03 before me, Arturo Ayala, Notary Public Date Name, Title of Officer— E.G. "Jane Doe, NOTARY PUBLIC" personally appeared Daniel Huckabay NAME(S) OF SIGNER(S) 0 personally known to me -OR- .. CQ ALA Q0 23 9 rid }d% 7�a ��'r 1C-C4i it ORiYI i CCUNTY . XP. DEC. 2.3. 2005 V ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m hand and official seal SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES 05/01 /03 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE r 1qW No.0000654 ICW GROUP Power of Attorney Bond No. ICW-190 Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California. The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint RALPH EtDEM, JR., DANIEL HUCKABAY, ARTURO AYALA, PATRICIA KNAPP their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalfofthe Companies, fidelity_ and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. 'OIYMNtpe� P \NSUg9 }�t'N�s �b 4' 6 SEAL lON► Ctt�a►. '��V! ►�aD �� � �t+s John H. Craig, Assistant Secretary State of California County of San Diego } ss. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. NORMA PORTER COMM. #1257540 n V NOTARY PUBLIC -CALIFORNIA fA H r�N SAN DIEGO COUNTY A V My Commission Expires MARCH 19, 2004 RESOLUTIONS Witness my hand and official seal. I �. At& Norma Porter, Notary Public This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status -of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signaturesand seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing; typing, or photocopying." CERTIFICATE L the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked- and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 1st day of May 2003 4�1 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Po•�rer of Attomey Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. .CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT it- CALIFORNIA State of LOS ANGELES County of ;t MAY 5, 2003 ZORKITA PASCHALL, Notary Public On before_ me, . DATE . NAME. TITLE OF OFFICER E.G.:'JANE DOE, NOTARY PUBLIC- , WALTER A. RASIC,.JR personally appeared , • NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(py whose name(&-Jskm ` subscribed to the within instrument and ac- knowledged to me that he/sheftti ay executed 1t: CmmWonn#12 29 the same in his/fir authorized Notay Pubic - Conform' capacity (4es J, and that by his/ h erfthTr Los Angeles County MY Ccmm. signature(g on the instrument the person, - �� Dec7, 2003 .; or the entity upon behalf of which theN. -: person( acted, executed the instrument. WITNESS my hand and official seal. S V 4 •;. SIGMATURE OF NOTARY OPTIONAL Al Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent r; fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED. DOCUMENT ❑ INDIVIDUAL t' CORPORATE OFFICER BID BOND i SECRETARY/TREASURER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL ❑ ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ^! ❑ GUARDIAN/CONSERVATOR MAY 1, 2003 1 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: INSURANCE COMPANY OF THE WEST NAME OF PERScWs*R1r '9ftONSTRUCTION CO., INC. SIGNER(S) OTHER THAN NAMED ABOVE ` -'.-i.�'��iv'.:+��'�✓JJ.rYY,./Y�3��Y-./J'- Y rri '..ir�:✓rr..,�"r�_.-- �- .ryyyrr�=r���:,�;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 25, 2003 To: Nobest, Incorporated P.O. Box 874 Westminster, CA 92864-0874 Enclosed please find your original bid bond issued by Contractors Bonding and Insurance Company for Reconstruction of Nantucket Drive MSC-419. Connie Brockway, CIVIC City Clerk Enclosure g:/followu p/cashcont/retum bid bond.doc ( Telephone: 714-536.5227 ) "CALIFORNIA ALL -PURE ACKNOWLEDGMENT State of California County of Orange ( On before me, Ray E. Anderson/Notary Public , Date Name and Tde of office► (eg„ -Jane Doe. Hoary Pubficl personally appeared Larry Nodland Names) of signers) (Z personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument ' and acknowledged to me that he/she/they executed the ' same in his/her/their authorized capacity(ies), and that by ( his/her/their signature(s) on the instrument the person(s), VKAY E. ANDERSON or the entity upon behalf of which the person(s) acted, coMM. #1304678 � executed the instrument. ul�LEV JweIt2006 OPMECOLMY WITNESS my hand and official seal. tl Signature of Notary Puo6c OPTIONAL Though the information below is not required by law.:; may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. c 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 IN Corporate Officer Titie(s): President ❑ Partner — ❑ Limited. G General . ' ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator - ❑ Other _ Top of fJLmb here Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner = ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee _ ❑ Guardian or Conservator ❑ Other. Top of thumb here Signer Is Representing: 0 1995 Naft nd Nouq Assooawn • SM Pat Ave.. P.O. Sm 7184 • Canoga Put< CA 91309.7184 Rod. N L 5907 Reorder. Cafi To4Ffm 1-a0o4rr5- Y7 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On APR 2 6 2003 before me, CHRISTINE M. RAPP, NOTARY PUBLIC Date Name and Title of Officer (e.g.. 'Jane Doe, Notary Public") personally appeared LINDA D . COATS Name(s) of Signer(s) , M personally known to me ❑ proved to me on the basis of satisfactory - evidence -I , CHRISTINIE M. RAPP COMM. #1267189 r� NOTARY PUBLIC- CALIFORNIA ! ORANGE COUNTY - PAY Comm. Exp. AdY 9, 2004 to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their _ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official s Place Notary Seal Above Signature of Ntery Public OPTIONAL Though the Information below is -not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER a 1999 National NotaryAsaodatlon - 9350 De Sato Ave. P.O. Box 2402 - Chatsworth, CA 91313.2402 - wwwxWIonahctary org Prod No. 5907 Reorder: Cell Toll -Free 1-BOD8154W I ted. On: of dite-Ahdicated above. CEATM: CATE e .:o I I . Bond No. BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Nobest Incorporated Bid Bond as Principal hereinafter called the Principal, and Contractors Bonding and Insurance Company as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum ofTen percent of the total amount of the bid Dollars (S 10"0 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Reconstruction of Nantucket Drive MSC419 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract. with the Obligee in accordance with the terms of such bid, and give such _bond,or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety. for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of April 2003 Witness Witness ORSC 21328 (5/97) Nobest Incorpot Principal By: Contractors Bending and Insurance Company Surety (Seal) By: Linda D. Coats Attorney -in -Fact